Bill Text: NY S04133 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes county highway superintendents to rent road machinery from any city, town or village; authorizes town highway superintendents to contract for the use of certain services and town machinery, tools and equipment with another municipality, district corporation, school district, community college or any unit of the state university.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2024-04-09 - referred to transportation [S04133 Detail]

Download: New_York-2023-S04133-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4133--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        Introduced  by Sens. MANNION, HELMING, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the highway law, in relation to authorizing county high-
          way superintendents to  rent  road  machinery  from  any  city,  town,
          village,  or  another  county  and authorizing the town highway super-
          intendent 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07814-02-3
        S. 4133--A                          2

     1  nature of rental, shall be payable from the county road fund on itemized
     2  vouchers  certified  by  the  county  superintendent  showing  where the
     3  machinery was used, together with the amount chargeable to  each  appro-
     4  priation or construction project. The provisions of subdivision three of
     5  section  one hundred ninety-five, and of subdivisions four, five and six
     6  of section one hundred ninety-four of this chapter shall apply  to  work
     7  carried on pursuant to the provisions of this article.
     8    §  2.  Section  142-d of the highway law, as amended by chapter 347 of
     9  the laws of 1997, is amended to read as follows:
    10    § 142-d. Rental or hiring of town highway machinery, tools  or  equip-
    11  ment.  [Except  as otherwise provided in section one hundred forty-two-c
    12  of this chapter with respect to the use of town highway machinery,  snow
    13  and  ice  removal  equipment,  tools  and equipment by a village located
    14  wholly or partly within the town, the] The town superintendent of  high-
    15  ways,  with  the  approval  of the town board, may permit the use of any
    16  town-owned highway machinery, tools or equipment  by  a  county  or  any
    17  municipality, district, district corporation, school district, community
    18  college,  and  any  unit  of the state university of New York, upon such
    19  terms and conditions as may be agreed  upon  by  the  parties  involved.
    20  Moneys  received  by  a  town pursuant to the provisions of this section
    21  shall be applicable for the purposes for which amounts may be raised  as
    22  provided in subdivision three of section two hundred seventy-one of this
    23  chapter.
    24    § 3. This act shall take effect immediately.