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

                                  5824

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee 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
nature of rental, shall be payable from the county road fund on itemized
vouchers  certified  by  the  county  superintendent  showing  where the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03976-01-1
              

A. 5824                             2

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.

A. 5824                             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.