S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3111
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred 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,
   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] FOREPERSON designated  by
 [him]  SUCH COUNTY SUPERINTENDENT.  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] THEY 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.
                                                            LBD06265-01-5
              

 A. 3111                             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.
   §  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.