STATE OF NEW YORK
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6520
2019-2020 Regular Sessions
IN SENATE
June 14, 2019
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Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the highway law, in relation to authorizing towns to
repair state roads
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 12 of the highway law, as amended
2 by section 3 of part B of chapter 494 of the laws of 2009, is amended to
3 read as follows:
4 1. (a) The maintenance and repair of improved state highways in towns
5 and incorporated villages, exclusive, however, of the cost of maintain-
6 ing and repairing bridges having a span in excess of twenty feet shall
7 be under the direct supervision and control of the commissioner and he
8 or she shall be responsible therefor. The cost of such maintenance and
9 repair shall be borne wholly by the state and be paid from moneys appro-
10 priated therefor by the legislature. Such maintenance and repair may be
11 done in the discretion of the commissioner either directly by the
12 department or by contract awarded to the lowest responsible bidder at a
13 public letting after due advertisement, and under such rules and regu-
14 lations as the commissioner may prescribe. The commissioner shall also
15 have the power to adopt such system as may seem expedient so that each
16 section of such highways shall be effectively and economically
17 preserved, maintained and repaired.
18 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
19 sion or any other provision of law, a town, acting by and through its
20 legislative body, may, upon notice to the commissioner, repair state
21 roads lying within the boundaries of such town. The state shall pay to
22 such town, not less than twice annually, the total sum of moneys
23 expended by such town for the repair of such state roads. The commis-
24 sioner is authorized to promulgate rules and regulations necessary for
25 the implementation of this paragraph.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11887-01-9
S. 6520 2
1 § 2. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such date.