Bill S1369-2011

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

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

Details

Actions

  • Jun 13, 2012: referred to transportation
  • Jun 13, 2012: DELIVERED TO ASSEMBLY
  • Jun 13, 2012: PASSED SENATE
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1207
  • Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 2, 2011: referred to transportation
  • Mar 1, 2011: DELIVERED TO ASSEMBLY
  • Mar 1, 2011: PASSED SENATE
  • Jan 25, 2011: ADVANCED TO THIRD READING
  • Jan 24, 2011: 2ND REPORT CAL.
  • Jan 19, 2011: 1ST REPORT CAL.6
  • Jan 6, 2011: REFERRED TO TRANSPORTATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 19, 2011
Ayes (18): Fuschillo, Johnson, Lanza, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Adams, Addabbo, Kennedy, Perkins, Smith, Squadron, Stavisky
Nays (1): Diaz

Memo

BILL NUMBER:S1369

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: 2009-10: S.5426/A.7834 2007-08: S.3237/A.5209 2005-06: S.2616/A.5484A

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1369 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
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 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.
(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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