Authorizes county highway superintendents to rent road machinery from any city, town or village; authorizes town highway superintendents to contract for the use of certain services and town machinery, tools and equipment with another municipality, district corporation, school district, community college or any unit of the state university.
STATE OF NEW YORK
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3111
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred 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,
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] foreperson designated by
9 [him] such county superintendent. All or any part of such construction
10 or reconstruction may be done by contract or by direct employment of
11 labor and purchase of material, or both. The machinery needed for work
12 done under this article, unless furnished by the contractor, shall be
13 provided as follows:
14 The county superintendent may rent road machinery from any person,
15 company, corporation, or from any city, town or towns [in the county],
16 village, or from any other county, and such rental shall be payable from
17 the county road fund; or [he] they may use road building machinery,
18 equipment, tools and implements purchased with county moneys, and when-
19 ever used for the purpose of this article, a charge therefor, in the
20 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.
LBD06265-01-5
A. 3111 2
1 vouchers certified by the county superintendent showing where the
2 machinery was used, together with the amount chargeable to each appro-
3 priation or construction project. The provisions of subdivision three of
4 section one hundred ninety-five, and of subdivisions four, five and six
5 of section one hundred ninety-four of this chapter shall apply to work
6 carried on pursuant to the provisions of this article.
7 § 2. Section 142-d of the highway law, as amended by chapter 347 of
8 the laws of 1997, is amended to read as follows:
9 § 142-d. Rental or hiring of town highway machinery, tools or equip-
10 ment. [Except as otherwise provided in section one hundred forty-two-c
11 of this chapter with respect to the use of town highway machinery, snow
12 and ice removal equipment, tools and equipment by a village located
13 wholly or partly within the town, the] The town superintendent of high-
14 ways, with the approval of the town board, may permit the use of any
15 town-owned highway machinery, tools or equipment by a county or any
16 municipality, district, district corporation, school district, community
17 college, and any unit of the state university of New York, upon such
18 terms and conditions as may be agreed upon by the parties involved.
19 Moneys received by a town pursuant to the provisions of this section
20 shall be applicable for the purposes for which amounts may be raised as
21 provided in subdivision three of section two hundred seventy-one of this
22 chapter.
23 § 3. This act shall take effect immediately.
