STATE OF NEW YORK ________________________________________________________________________ 7696 2023-2024 Regular Sessions IN ASSEMBLY 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: 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 designated by him or her. 9 All or any part of such construction or reconstruction may be done by 10 contract or by direct employment of labor and purchase of material, or 11 both. The machinery needed for work done under this article, unless 12 furnished by the contractor, shall be provided as follows: 13 The county superintendent may rent road machinery from any person, 14 company, corporation, or from any city, town or towns [in the county], 15 village, or from any other county, and such rental shall be payable from 16 the county road fund; or he or she may use road building machinery, 17 equipment, tools and implements purchased with county moneys, and when- 18 ever used for the purpose of this article, a charge therefor, in the 19 nature of rental, shall be payable from the county road fund on itemized 20 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 1 machinery was used, together with the amount chargeable to each appro- 2 priation or construction project. The provisions of subdivision three of 3 section one hundred ninety-five, and of subdivisions four, five and six 4 of section one hundred ninety-four of this chapter shall apply to work 5 carried on pursuant to the provisions of this article. 6 § 2. Section 142-d of the highway law, as amended by chapter 347 of 7 the laws of 1997, is amended to read as follows: 8 § 142-d. Rental or hiring of town highway machinery, tools or equip- 9 ment. [Except as otherwise provided in section one hundred forty-two-c 10 of this chapter with respect to the use of town highway machinery, snow 11 and ice removal equipment, tools and equipment by a village located 12 wholly or partly within the town, the] The town superintendent of high- 13 ways, with the approval of the town board, may permit the use of any 14 town-owned highway machinery, tools or equipment by a county or any 15 municipality, district, district corporation, school district, community 16 college, and any unit of the state university of New York, upon such 17 terms and conditions as may be agreed upon by the parties involved. 18 Moneys received by a town pursuant to the provisions of this section 19 shall be applicable for the purposes for which amounts may be raised as 20 provided in subdivision three of section two hundred seventy-one of this 21 chapter. 22 § 3. This act shall take effect immediately.