S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7696
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 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,
   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:
 
   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.
                                                            LBD07814-03-3
              

 A. 7696                             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-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.
   § 3. This act shall take effect immediately.