senate Bill S392

2013-2014 Legislative Session

Authorizes county highway superintendents to rent road machinery from any city, town or village

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to transportation
delivered to assembly
passed senate
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.290
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Feb 27, 2013 referred to transportation
delivered to assembly
passed senate
Feb 05, 2013 advanced to third reading
Feb 04, 2013 2nd report cal.
Jan 29, 2013 1st report cal.12
Jan 09, 2013 referred to transportation

Votes

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Mar 18, 2014 - Transportation committee Vote

S392
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jan 29, 2013 - Transportation committee Vote

S392
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

S392 - Bill Details

See Assembly Version of this Bill:
A1623
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §§117, 142-c, 142-d & 142-b, Hway L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1369, A5824
2009-2010: S5426, A7834

S392 - Bill Texts

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Authorizes county highway superintendents to rent road machinery from any city, town or village.

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BILL NUMBER:S392

TITLE OF BILL:
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

PURPOSE:
To remove limitations upon the county highway superintendents
to rent road machinery, and town highway superintendents to, upon
board approval, contract with a municipality, district, district
corporation, school district, community college or unit of the state
university.
Under the present law county highway superintendents may contract with
entities within the particular county and, a town highway
superintendent, upon board approval, may contract with such entities
providing they are located in the town. This bill would remove such
limitation on shared services and permit contracting with such
government entities for shared services even if not located in the
county or the town. The removal of this limitation makes the highway
law consistent with Article 5-G of the General Municipal law
governing shared services arrangements in local governments.

SUMMARY OF PROVISIONS:
The present provisions of § 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. This bill
authorizes such superintendents of highways to contract with any
entity for such machinery or work whether the entity is located in
the county or town or in any other county or town.

Section 142-d of the highway law further restricts the town highway
superintendent's authority to contract by not permitting contracts
with villages located outside the town, the section, nevertheless,
permits such contracts for the use of town highway machinery, snow
and ice removal equipment, tools and equipment by any county or
municipality, district, district corporation, school district,
community college and any unite of the state university. This bill
removes such restriction and permits the town highway superintendent
to contract with any village whether such village is located in or
outside the town.

Section 142-b of the highway law is amended to remove the restriction
now placed upon the town superintendent of highways which permits such
superintendent upon town board approval only to contract to repair
roads and sidewalks on property of a school district ~f such school
district is located in the town. The bill provides that such


contracts can be entered into whether the property of the school
district is located in the town or not. The amendments permit the
town highway superintendent to contract with any fire district,
special improvement district or school district for the use of town
highway machinery, tools and equipment. The present law restricts
such superintendent to contract only with those fire districts,
special improvement districts or school districts that are located
within the town.

JUSTIFICATION:
There is no justification for the restrictions now
imposed in the law. Smart growth anticipates the expansion of
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 5G of the general municipal law (
119-m through 119-000) is a broad grant of power granted 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
plus article 5-G are consistent and are designed to further the goals
of intermunicipal cooperation.

LEGISLATIVE HISTORY:
2011-12: S.1369/A,5824 - Passed Senate
2009-10: S.5426/A.7834 - Passed Senate

FISCAL IMPLICATIONS:
The bill has no direct fiscal implication for the
state except that contracts with units of the state university and
towns may be encouraged. Contracts with a town and a unit of the
state university could have the effect of reducing some costs of
operation of such unit of the state university.

EFFECTIVE DATE:
The bill takes effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   392

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed 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  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 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:
  S  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 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 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.
                                                           LBD00698-01-3

S. 392                              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.
  S  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:
  S 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  forty-
one of this [chapter] ARTICLE.
  S  3.  Section  142-d of the highway law, as amended by chapter 347 of
the laws of 1997, is amended to read as follows:
  S 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.
  S  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:
  S 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.

S. 392                              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  forty-
one of this [chapter] ARTICLE.
  S 5. This act shall take effect immediately.

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