S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8393
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Section 58 of the highway law, as amended by chapter 1110
 of the laws of 1971, is amended to read as follows:
   § 58. Liability of state for damages. The state shall  not  be  liable
 for  damages  suffered  by  any  person  from defects in state highways,
 except between the first day of [May] APRIL and  the  [fifteenth]  FIRST
 day  of  [November]  DECEMBER  on such highways as are maintained by the
 state under such system as the commissioner of transportation may  adopt
 pursuant  to  section twelve OF THIS CHAPTER, but the liability for such
 damages shall otherwise remain as now provided by  law,  notwithstanding
 the  construction or improvement and maintenance of such highways by the
 state  under  this  chapter;  but  nothing  herein  contained  shall  be
 construed  to  impose  on the state any liability for defects in bridges
 over which the state has no control. Within the limits  of  incorporated
 villages the state shall maintain a width of pavement equal to the width
 of  pavement  constructed  or improved at the expense of the state, if a
 state highway, the location of the state's portion of such roadway with-
 in said incorporated limits to be determined by the center line  of  the
 roadway as shown on the plans on file with the department of transporta-
 tion  and  the  state shall be liable for damages to persons or property
 only when such damage shall occur as a result of the defective condition
 of the portion of improved highway as above described.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 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