S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5426

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced by Sens. AUBERTINE, STACHOWSKI, VALESKY, WINNER, YOUNG -- (at
  request  of  the  Legislative  Commission  on Rural Resources) -- read
  twice and ordered printed, and when printed to  be  committed  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:

  Section  1.  Section 117 of the highway law, as amended by chapter 542
of the laws of 1981, is amended to read as follows:
  S 117. Construction and reconstruction of county  roads.  Construction
or  reconstruction  of such roads, including necessary grade and culvert
work, and any plans and specifications therefor,  shall  conform  to  an
outline  or  general  plan  of the work, and such construction or recon-
struction must be done under the immediate  direct  supervision  of  the
county  superintendent  or a competent foreman designated by him OR HER.
All or any part of such construction or reconstruction may  be  done  by
contract  or  by direct employment of labor and purchase of material, or
both. The machinery needed for work  done  under  this  article,  unless
furnished by the contractor, shall be provided as follows:
  The  county  superintendent  may  rent road machinery from any person,
company, corporation, or from any CITY, town or towns [in  the  county],
VILLAGE, or from any other county, and such rental shall be payable from
the  county  road  fund;  or  he OR SHE may use road building machinery,
equipment, tools and implements purchased with county moneys, and  when-
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.
                                                           LBD02338-01-9
              

S. 5426                             2

nature of rental, shall be payable from the county road fund on itemized
vouchers certified  by  the  county  superintendent  showing  where  the
machinery  was  used, together with the amount chargeable to each appro-
priation or construction project. The provisions of subdivision three of
section  one hundred ninety-five, and of subdivisions four, five and six
of section one hundred ninety-four OF THIS CHAPTER shall apply  to  work
carried on pursuant to the provisions of this article.
  S  2.  Section  142-c of the highway law, as amended by chapter 561 of
the laws of 1962, subdivision 4 as amended by chapter 534 of the laws of
1973 and subdivision 5 as amended by chapter 604 of the laws of 1965, is
amended to read as follows:
  S 142-c. Removal of snow and ice from streets and repair of  sidewalks
in  villages.  The  town  board may authorize the town superintendent OF
HIGHWAYS to (1) remove snow and ice from streets and  sidewalks  in  any
village or portion thereof [within the town].
  (2)  Repair  streets  and  sidewalks within any village or ANY portion
thereof [within the town].
  (3) Permit the use of town highway machinery,  snow  and  ice  removal
equipment,  tools  and equipment in or by any village [located wholly or
partly within the town].
  (4) The work authorized by this section shall be performed  upon  such
terms and conditions as may be agreed upon by the town board of the town
and board of trustees of the village.
  (5)  Moneys  received  by  a  town  pursuant to the provisions of this
section shall be first applied to the credit of the fund  authorized  by
subdivision  four  of  section  one  hundred forty-one of this [chapter]
ARTICLE to the extent that any expense incurred was  originally  charged
thereto,  and  the  balance of such moneys, if any, shall be credited to
the fund authorized by subdivision three of section one  hundred  forty-
one of this [chapter] ARTICLE.
  S  3.  Section  142-d of the highway law, as amended by chapter 347 of
the laws of 1997, is amended to read as follows:
  S 142-d. Rental or hiring of town highway machinery, tools  or  equip-
ment.  [Except  as otherwise provided in section one hundred forty-two-c
of this chapter with respect to the use of town highway machinery,  snow
and  ice  removal  equipment,  tools  and equipment by a village located
wholly or partly within the town, the] THE town superintendent of  high-
ways,  with  the  approval  of the town board, may permit the use of any
town-owned highway machinery, tools or equipment  by  a  county  or  any
municipality, district, district corporation, school district, community
college,  and  any  unit  of the state university of New York, upon such
terms and conditions as may be agreed  upon  by  the  parties  involved.
Moneys  received  by  a  town pursuant to the provisions of this section
shall be applicable for the purposes for which amounts may be raised  as
provided in subdivision three of section two hundred seventy-one of this
chapter.
  S  4.  Section  142-b of the highway law, as amended by chapter 561 of
the laws of 1962, subdivisions 3 and 4 as amended by chapter 534 of  the
laws  of 1973 and subdivision 5 as amended by chapter 604 of the laws of
1965, is amended to read as follows:
  S 142-b. Removal of snow and ice, making of  repairs,  and  rental  of
town  highway  machinery;  school and other districts. The town board of
any town may authorize the town superintendent OF HIGHWAYS to (1) remove
snow and ice from any property within the town  belonging  to  a  school
district,  upon  such  terms as may be agreed upon by the town board and
governing board of any such school district.

S. 5426                             3

  (2) Repair roads and sidewalks [within the town] belonging to a school
district, upon such terms as may be agreed upon by the  town  board  and
the governing board of any such school district.
  (3)  Permit  the  use  of  town highway machinery, tools and equipment
[within the town] by any fire district, special improvement district  or
school  district,  [located  in whole or in part in any such town,] upon
such terms and conditions as may be agreed upon by the  town  board  and
the governing board or governing body of any such district.
  (4)  [Except  as otherwise provided in section one hundred forty-two-c
of this chapter with respect to the use of town highway machinery,  snow
and  ice  removal  equipment,  tools  and equipment by a village located
wholly or partly within the town, permit] PERMIT the use of town highway
machinery, snow and ice removal equipment, tools and equipment during an
emergency by any city, village, town,  county,  fire  district,  special
improvement  district or school district, upon such terms and conditions
as may be agreed upon by the town  board  and  the  governing  board  or
governing body of any such district.
  (5)  Moneys  received  by  a  town  pursuant to the provisions of this
section shall be first applied to the credit of the fund  authorized  by
subdivision  four  of  section  one  hundred forty-one of this [chapter]
ARTICLE to the extent that any expense incurred was  originally  charged
thereto,  and  the  balance of such moneys, if any, shall be credited to
the fund authorized by subdivision three of section one  hundred  forty-
one of this [chapter] ARTICLE.
  S 5. This act shall take effect immediately.