S T A T E   O F   N E W   Y O R K
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                                   392

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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
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.
              

                                                           LBD00698-01-3

S. 392                              2

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. 392                              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.