Authorizes county highway superintendents to rent road machinery from any city, town or village.
Ayes (33): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Sampson, Stewart-Cousins, Thompson, Adams, Breslin, Diaz, Espada, Klein, Perkins, Valesky, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Monserrate, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5426
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 : 2005-2006: A.5484-A/S.2616
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.