NY State Senate Bill 2017-S2915

Senate Bill S2915

2017-2018 Legislative Session

Authorizes county highway superintendents to rent road machinery from any city, town or village

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation returned to senate died in assembly
Mar 06, 2017	referred to transportation delivered to assembly passed senate
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.222
Jan 18, 2017	referred to transportation

Votes

- Mar 6, 2017 - Floor Vote
  S2915
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 6, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Dilan
      
      Hannon
      
      Parker
  Feb 14, 2017 - Transportation Committee Vote
  S2915
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Feb 14, 2017
      
      aye (19)
      
      Avella
      
      Croci
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      absent (1)
      
      Perkins

co-Sponsors

2017-S2915 (ACTIVE) - Details

See Assembly Version of this Bill:: A542
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §§117, 142-c, 142-d & 142-b, Hway L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5426, A7834
2011-2012: S1369, A5824
2013-2014: S392, A1623
2015-2016: S999, A1035
2019-2020: A3691
2021-2022: A7133

2017-S2915 (ACTIVE) - Summary

Authorizes county highway superintendents to rent road machinery from any city, town or village.

2017-S2915 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2915

 TITLE OF BILL :  An act to amend the highway law, in relation to
authorizing county highway 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

 PURPOSE :

To remove limitations upon the county highway superintendents to rent
road machinery, and town highway superintendents to, upon board
approval, contract with a municipality, district, district
corporation, school district, community college or unit of the state
university. Under the present law county highway superintendents may
contract with entities within the particular county and, a town
highway superintendent, upon board approval, may contract with such
entities providing they are located in the town. This bill would
remove such limitation on shared services and permit contracting with
such government entities for shared services even if not located in
the county or the town. The removal of this limitation makes the
highway law consistent with Article 5-G of the General Municipal law
governing shared services arrangements in local governments.

 SUMMARY OF PROVISIONS :

The present provisions of § 117 and § 142 of the highway law permit a
county highway superintendent to rent road machinery to an entity
within the county and a town superintendent of highways, upon town
board approval, to contract with a village for the removal of snow and
ice from streets and the repair of sidewalks, providing the village is
located within the town. This bill authorizes such superintendents of
highways to contract with any entity for such machinery or work
whether the entity is located in the county or town or in any other
county or town.

Section 142-d of the highway law further restricts the town highway
superintendent's authority to contract by not permitting contracts
with villages located outside the town, the section, nevertheless,
permits such contracts for the use of town highway machinery, snow and
ice removal equipment, tools and equipment by any county or
municipality, district, district corporation, school district,
community college and any unite of the state university. This bill
removes such restriction and permits the town highway superintendent
to contract with any village whether such village is located in or
outside the town.

Section 142-b of the highway law is amended to remove the restriction
now placed upon the town superintendent of highways which permits such
superintendent upon town board approval only to contract to repair
roads and sidewalks on property of a school district if such school
district is located in the town. The bill provides that such contracts
can be entered into whether the property of the school district is
located in the town or not. The amendments permit the town highway
superintendent to contract with any fire district, special improvement
district or school district for the use of town highway machinery,
tools and equipment. The present law restricts such superintendent to
contract only with those fire districts, special improvement districts
or school districts that are located within the town.

 JUSTIFICATION :

There is no justification for the restrictions now imposed in the law.
Smart growth anticipates the expansion of inter-municipal cooperation.
This bill is an attempt to further encourage the full use of county
and town highway machinery and equipment all to the benefit of the
taxpayers of the state. It should be further noted that article 5G of
the general municipal law (§§ 119m through 119-000) is a broad grant
of power granted to municipalities to contract among themselves in
providing certain services. This bill is consistent with that article
but also relates to community colleges and units of the state
university. This bill plus article 5-G are consistent and are designed
to further the goals of inter-municipal cooperation.

 LEGISLATIVE HISTORY :

2013-2014: S.392/A.1623 - Passed Senate
2015-2016: S.999/A.1035 - Died in Transportation

 FISCAL IMPLICATIONS :

The bill has no direct fiscal implication for the state except that
contracts with units of the state university and towns may be
encouraged. Contracts with a town and a unit of the state university
could have the effect of reducing some costs of operation of such unit
of the state university.

 EFFECTIVE DATE :
The bill takes effect immediately.

2017-S2915 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2915
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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:
   §  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.

                                                            LBD01386-01-7

 S. 2915                             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.
   § 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:
   §  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.
   § 3. Section 142-d of the highway law, as amended by  chapter  347  of
 the laws of 1997, is amended to read as follows:
   §  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.
   § 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:
   §  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. 2915                             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.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2915

Share this bill

Sponsored By

Martin Malavé Dilan