Authorizes county highway superintendents to rent road machinery from any city, town or village; authorizes town highway superintendents to contract for the use of certain services and town machinery, tools and equipment with another municipality, district corporation, school district, community college or any unit of the state university.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3111
SPONSOR: Magnarelli TITLE OF BILL:
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 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 equip-
ment
PURPOSE:
The purpose of this bill is to remove limitations placed upon county
highway superintendents to rent road machinery, and town highway super-
intendents to, upon board approval, contract with a municipality,
district, district corporation, school district, community college or
unit of the state university.
SUMMARY OF PROVISIONS:
Section 1 of this bill would authorize such superintendents of highways.
to contract with any entity for such machinery or work whether the enti-
ty is located in the county or town or in any other county or town.
Section 2 of this bill would clarify the authority of a town highway
superintendent to contract for the use of tools or machinery from other
political subdivisions.
Section 3 of this bill provides that effective date shall take effect
immediately.
JUSTIFICATION:
The present provisions of sections 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. However, there are restrictions placed on
intermunicipal 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 5-G of the General Municipal Law is a broad grant of power
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 and
article 5-G are consistent and are designed to further the goals of
intermunicipal cooperation.
LEGISLATIVE HISTORY:
2023-24: A.7696 - Referred to Transportation
2021-22: A.7133 - Referred to Transportation
2019-20: A.3691 - Referred to Transportation
2017-18: A.542 - Referred to Transportation
2015-16: A.1623 - Referred to Transportation
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3111
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 117 of the highway law, as amended by chapter 542
2 of the laws of 1981, is amended to read as follows:
3 § 117. Construction and reconstruction of county roads. Construction
4 or reconstruction of such roads, including necessary grade and culvert
5 work, and any plans and specifications therefor, shall conform to an
6 outline or general plan of the work, and such construction or recon-
7 struction must be done under the immediate direct supervision of the
8 county superintendent or a competent [foreman] foreperson designated by
9 [him] such county superintendent. All or any part of such construction
10 or reconstruction may be done by contract or by direct employment of
11 labor and purchase of material, or both. The machinery needed for work
12 done under this article, unless furnished by the contractor, shall be
13 provided as follows:
14 The county superintendent may rent road machinery from any person,
15 company, corporation, or from any city, town or towns [in the county],
16 village, or from any other county, and such rental shall be payable from
17 the county road fund; or [he] they may use road building machinery,
18 equipment, tools and implements purchased with county moneys, and when-
19 ever used for the purpose of this article, a charge therefor, in the
20 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
1 vouchers certified by the county superintendent showing where the
2 machinery was used, together with the amount chargeable to each appro-
3 priation or construction project. The provisions of subdivision three of
4 section one hundred ninety-five, and of subdivisions four, five and six
5 of section one hundred ninety-four of this chapter shall apply to work
6 carried on pursuant to the provisions of this article.
7 § 2. Section 142-d of the highway law, as amended by chapter 347 of
8 the laws of 1997, is amended to read as follows:
9 § 142-d. Rental or hiring of town highway machinery, tools or equip-
10 ment. [Except as otherwise provided in section one hundred forty-two-c
11 of this chapter with respect to the use of town highway machinery, snow
12 and ice removal equipment, tools and equipment by a village located
13 wholly or partly within the town, the] The town superintendent of high-
14 ways, with the approval of the town board, may permit the use of any
15 town-owned highway machinery, tools or equipment by a county or any
16 municipality, district, district corporation, school district, community
17 college, and any unit of the state university of New York, upon such
18 terms and conditions as may be agreed upon by the parties involved.
19 Moneys received by a town pursuant to the provisions of this section
20 shall be applicable for the purposes for which amounts may be raised as
21 provided in subdivision three of section two hundred seventy-one of this
22 chapter.
23 § 3. This act shall take effect immediately.
