Bill Text: NY A07133 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes county highway superintendents to rent road machinery from any city, town or village.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A07133 Detail]
Download: New_York-2021-A07133-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7133 2021-2022 Regular Sessions IN ASSEMBLY April 23, 2021 ___________ Introduced by M. of A. GUNTHER, J. M. GIGLIO, DiPIETRO -- Multi-Spon- sored by -- M. of A. HAWLEY, J. RIVERA -- read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to authorizing county high- way superintendents to rent road machinery from any city, town or village, and the authority of the town highway superintendent to contract with another municipality, district corporation, school district, community college or any unit of the state university to provide certain services and the use of town machinery, tools and equipment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 117 of the highway law, as amended by chapter 542 2 of the laws of 1981, is amended to read as follows: 3 § 117. Construction and reconstruction of county roads. Construction 4 or reconstruction of such roads, including necessary grade and culvert 5 work, and any plans and specifications therefor, shall conform to an 6 outline or general plan of the work, and such construction or recon- 7 struction must be done under the immediate direct supervision of the 8 county superintendent or a competent foreman designated by him or her. 9 All or any part of such construction or reconstruction may be done by 10 contract or by direct employment of labor and purchase of material, or 11 both. The machinery needed for work done under this article, unless 12 furnished by the contractor, shall be provided as follows: 13 The county superintendent may rent road machinery from any person, 14 company, corporation, or from any city, town or towns [in the county], 15 village, or from any other county, and such rental shall be payable from 16 the county road fund; or he or she may use road building machinery, 17 equipment, tools and implements purchased with county moneys, and when- 18 ever used for the purpose of this article, a charge therefor, in the 19 nature of rental, shall be payable from the county road fund on itemized EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02657-01-1A. 7133 2 1 vouchers certified by the county superintendent showing where the 2 machinery was used, together with the amount chargeable to each appro- 3 priation or construction project. The provisions of subdivision three of 4 section one hundred ninety-five, and of subdivisions four, five and six 5 of section one hundred ninety-four of this chapter shall apply to work 6 carried on pursuant to the provisions of this article. 7 § 2. Section 142-c of the highway law, as amended by chapter 561 of 8 the laws of 1962, subdivision 4 as amended by chapter 534 of the laws of 9 1973 and subdivision 5 as amended by chapter 604 of the laws of 1965, is 10 amended to read as follows: 11 § 142-c. Removal of snow and ice from streets and repair of sidewalks 12 in villages. The town board may authorize the town superintendent of 13 highways to (1) remove snow and ice from streets and sidewalks in any 14 village or portion thereof [within the town]. 15 (2) Repair streets and sidewalks within any village or any portion 16 thereof [within the town]. 17 (3) Permit the use of town highway machinery, snow and ice removal 18 equipment, tools and equipment in or by any village [located wholly or19partly within the town]. 20 (4) The work authorized by this section shall be performed upon such 21 terms and conditions as may be agreed upon by the town board of the town 22 and board of trustees of the village. 23 (5) Moneys received by a town pursuant to the provisions of this 24 section shall be first applied to the credit of the fund authorized by 25 subdivision four of section one hundred forty-one of this [chapter] 26 article to the extent that any expense incurred was originally charged 27 thereto, and the balance of such moneys, if any, shall be credited to 28 the fund authorized by subdivision three of section one hundred forty- 29 one of this [chapter] article. 30 § 3. Section 142-d of the highway law, as amended by chapter 347 of 31 the laws of 1997, is amended to read as follows: 32 § 142-d. Rental or hiring of town highway machinery, tools or equip- 33 ment. [Except as otherwise provided in section one hundred forty-two-c34of this chapter with respect to the use of town highway machinery, snow35and ice removal equipment, tools and equipment by a village located36wholly or partly within the town, the] The town superintendent of high- 37 ways, with the approval of the town board, may permit the use of any 38 town-owned highway machinery, tools or equipment by a county or any 39 municipality, district, district corporation, school district, community 40 college, and any unit of the state university of New York, upon such 41 terms and conditions as may be agreed upon by the parties involved. 42 Moneys received by a town pursuant to the provisions of this section 43 shall be applicable for the purposes for which amounts may be raised as 44 provided in subdivision three of section two hundred seventy-one of this 45 chapter. 46 § 4. Section 142-b of the highway law, as amended by chapter 561 of 47 the laws of 1962, subdivisions 3 and 4 as amended by chapter 534 of the 48 laws of 1973 and subdivision 5 as amended by chapter 604 of the laws of 49 1965, is amended to read as follows: 50 § 142-b. Removal of snow and ice, making of repairs, and rental of 51 town highway machinery; school and other districts. The town board of 52 any town may authorize the town superintendent of highways to (1) remove 53 snow and ice from any property within the town belonging to a school 54 district, upon such terms as may be agreed upon by the town board and 55 governing board of any such school district.A. 7133 3 1 (2) Repair roads and sidewalks [within the town] belonging to a school 2 district, upon such terms as may be agreed upon by the town board and 3 the governing board of any such school district. 4 (3) Permit the use of town highway machinery, tools and equipment 5 [within the town] by any fire district, special improvement district or 6 school district, [located in whole or in part in any such town,] upon 7 such terms and conditions as may be agreed upon by the town board and 8 the governing board or governing body of any such district. 9 (4) [Except as otherwise provided in section one hundred forty-two-c10of this chapter with respect to the use of town highway machinery, snow11and ice removal equipment, tools and equipment by a village located12wholly or partly within the town, permit] Permit the use of town highway 13 machinery, snow and ice removal equipment, tools and equipment during an 14 emergency by any city, village, town, county, fire district, special 15 improvement district or school district, upon such terms and conditions 16 as may be agreed upon by the town board and the governing board or 17 governing body of any such district. 18 (5) Moneys received by a town pursuant to the provisions of this 19 section shall be first applied to the credit of the fund authorized by 20 subdivision four of section one hundred forty-one of this [chapter] 21 article to the extent that any expense incurred was originally charged 22 thereto, and the balance of such moneys, if any, shall be credited to 23 the fund authorized by subdivision three of section one hundred forty- 24 one of this [chapter] article. 25 § 5. This act shall take effect immediately.
