Bill Text: NY A08393 | 2023-2024 | General Assembly | Introduced

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Bill Title: Extends the time when the state is liable for damages suffered by any person from defects in state highways to between April 1 and December 1.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to transportation [A08393 Detail]

Download: New_York-2023-A08393-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8393

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Transportation

        AN  ACT to amend the highway law, in relation to extending the time when
          the state is liable for damages suffered by any person from defects in
          state highways

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 58 of the highway law, as amended by chapter 1110
     2  of the laws of 1971, is amended to read as follows:
     3    § 58. Liability of state for damages. The state shall  not  be  liable
     4  for  damages  suffered  by  any  person  from defects in state highways,
     5  except between the first day of [May] April and  the  [fifteenth]  first
     6  day  of  [November]  December  on such highways as are maintained by the
     7  state under such system as the commissioner of transportation may  adopt
     8  pursuant  to  section twelve of this chapter, but the liability for such
     9  damages shall otherwise remain as now provided by  law,  notwithstanding
    10  the  construction or improvement and maintenance of such highways by the
    11  state  under  this  chapter;  but  nothing  herein  contained  shall  be
    12  construed  to  impose  on the state any liability for defects in bridges
    13  over which the state has no control. Within the limits  of  incorporated
    14  villages the state shall maintain a width of pavement equal to the width
    15  of  pavement  constructed  or improved at the expense of the state, if a
    16  state highway, the location of the state's portion of such roadway with-
    17  in said incorporated limits to be determined by the center line  of  the
    18  roadway as shown on the plans on file with the department of transporta-
    19  tion  and  the  state shall be liable for damages to persons or property
    20  only when such damage shall occur as a result of the defective condition
    21  of the portion of improved highway as above described.
    22    § 2. This act shall take effect on the first of April next  succeeding
    23  the date on which it shall have become a law. Effective immediately, the
    24  addition,  amendment  and/or  repeal of any rule or regulation necessary
    25  for the implementation of this act on its effective date are  authorized
    26  to be made and completed on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13463-01-3