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A03111 Summary:

BILL NOA03111
 
SAME ASSAME AS S06256
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd §§117 & 142-d, Hway L
 
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.
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A03111 Memo:

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.
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A03111 Text:



 
                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.
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