What's happening
This bill allows county and town highway superintendents greater flexibility to rent or share road machinery and services with other municipalities, districts, and entities.
Why it matters
Enables broader resource sharing. By allowing superintendents to rent or share machinery and services with municipalities and entities outside their own county or town, the bill encourages inter-municipal cooperation, which could lower costs and reduce duplication of expensive equipment.
Improves emergency and routine response capabilities. The expanded authority means towns and counties can respond more flexibly to emergencies (like severe storms) or routine needs by borrowing or lending equipment as situations arise, rather than being limited by jurisdictional boundaries.
Potential for taxpayer savings and service efficiencies. Increased sharing and rental of machinery could translate to better use of public funds, as municipalities may avoid purchasing new equipment and instead utilize idle resources from neighboring areas.
Modernizes and clarifies outdated legal language. The bill updates gendered language and removes geographic restrictions that no longer fit current patterns of municipal collaboration, making the law more inclusive and practical for contemporary needs.
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Who cares
County highway superintendents
The bill would let them rent road machinery from cities, villages and towns outside their county for county road construction and reconstruction.
Town boards and highway superintendents
The bill would expand their authority to provide village snow removal, street and sidewalk repairs, and equipment use beyond town boundaries.
Village governments
Villages would be able to arrange for town highway services and equipment without having to lie wholly or partly within the providing town.
School districts, fire districts and special improvement districts
The bill would remove geographic restrictions on their use of town highway equipment and on town repairs to school district roads and sidewalks.
Headline styles
Counties Can Rent Road Equipment
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
4 Multi-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3691
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
Introduced by M. of A. GUNTHER, GIGLIO, DiPIETRO -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, RIVERA, STEC -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to authorizing county highway superintendents to rent road machinery from any city, town or village, and the authority of 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 equipment
The People of the State of New York, represented in Senate and Assembly, 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 reconstruction 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 whenever 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.
LBD01182-01-9
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vouchers certified by the county superintendent showing where the machinery was used, together with the amount chargeable to each appropriation 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-c of the highway law, as amended by chapter 561 of the laws of 1962, subdivision 4 as amended by chapter 534 of the laws of 1973 and subdivision 5 as amended by chapter 604 of the laws of 1965, is amended to read as follows:
§ 142-c. Removal of snow and ice from streets and repair of sidewalks in villages. The town board may authorize the town superintendent of highways to (1) remove snow and ice from streets and sidewalks in any village or portion thereof [within the town].
(2) Repair streets and sidewalks within any village or any portion thereof [within the town].
(3) Permit the use of town highway machinery, snow and ice removal equipment, tools and equipment in or by any village [located wholly or partly within the town].
(4) The work authorized by this section shall be performed upon such terms and conditions as may be agreed upon by the town board of the town and board of trustees of the village.
(5) Moneys received by a town pursuant to the provisions of this section shall be first applied to the credit of the fund authorized by subdivision four of section one hundred forty-one of this [chapter] article to the extent that any expense incurred was originally charged thereto, and the balance of such moneys, if any, shall be credited to the fund authorized by subdivision three of section one hundred fortyone of this [chapter] article.
§ 3. 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 equipment. [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 highways, 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.
§ 4. Section 142-b of the highway law, as amended by chapter 561 of the laws of 1962, subdivisions 3 and 4 as amended by chapter 534 of the laws of 1973 and subdivision 5 as amended by chapter 604 of the laws of 1965, is amended to read as follows:
§ 142-b. Removal of snow and ice, making of repairs, and rental of town highway machinery; school and other districts. The town board of any town may authorize the town superintendent of highways to (1) remove snow and ice from any property within the town belonging to a school district, upon such terms as may be agreed upon by the town board and governing board of any such school district.
A. 3691 3
(2) Repair roads and sidewalks [within the town] belonging to a school district, upon such terms as may be agreed upon by the town board and the governing board of any such school district.
(3) Permit the use of town highway machinery, tools and equipment [within the town] by any fire district, special improvement district or school district, [located in whole or in part in any such town,] upon such terms and conditions as may be agreed upon by the town board and the governing board or governing body of any such district.
(4) [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, permit] Permit the use of town highway machinery, snow and ice removal equipment, tools and equipment during an emergency by any city, village, town, county, fire district, special improvement district or school district, upon such terms and conditions as may be agreed upon by the town board and the governing board or governing body of any such district.
(5) Moneys received by a town pursuant to the provisions of this section shall be first applied to the credit of the fund authorized by subdivision four of section one hundred forty-one of this [chapter] article to the extent that any expense incurred was originally charged thereto, and the balance of such moneys, if any, shall be credited to the fund authorized by subdivision three of section one hundred fortyone of this [chapter] article.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.