SENATE AMENDED
PRIOR PRINTER'S NO. 224 PRINTER'S NO. 1076
No. 207 Session of 1985
INTRODUCED BY COWELL, CLARK, MAYERNIK, LEVDANSKY, DUFFY, DeLUCA,
PETRONE, MARKOSEK, SEVENTY, VAN HORNE, OLASZ, GAMBLE,
MICHLOVIC, CESSAR, BOOK, BURD AND LANGTRY, FEBRUARY 6, 1985
SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
APRIL 16, 1985
AN ACT
1 Amending the act of September 18, 1961 (P.L.1389, No.615),
2 entitled "An act establishing and taking over as State
3 highways certain county highways, or sections thereof,
4 tunnels, bridges, viaducts and approaches thereto, in
5 counties, and certain streets and bridges in cities of the
6 first class and in cities of the second class, and certain
7 streets in cities of the second class A and third class, and
8 certain township roads and certain streets in boroughs and
9 incorporated towns; authorizing under certain terms and
10 conditions their construction, maintenance, repair,
11 reconstruction and improvement by the Commonwealth;
12 conferring certain powers upon Department of Highways and
13 local authorities, persons, associations and corporations for
14 sharing the cost of the maintenance and construction of such
15 highways; and deleting certain State highways," further
16 providing for the Commonwealth's maintenance obligations;
17 providing that the powers of the Pennsylvania Public Utility
18 Commission shall not be affected; and making a repeal.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Sections 101 and 103 of the act of September 18,
22 1961 (P.L.1389, No.615), referred to as the County and Municipal
23 State Highway Law, are amended to read:
24 Section 101. All or part of the following various public
1 highways, or sections thereof, bridges, tunnels, viaducts and
2 approaches thereto, in counties, shall, if and when the county
3 commissioners consent thereto by resolution a copy of which
4 shall be filed in the office of the clerk of the courts of the
5 proper county and with the Department of [Highways]
6 Transportation, be adopted by the Commonwealth as a State
7 highway[, and shall thereafter be maintained, repaired and
8 constructed in the same manner with like power and authority as
9 provided by the laws of the Commonwealth applicable to State
10 highways]; however, no highway bridge, viaduct or approach
11 thereto shall be taken over by the Commonwealth under the
12 provisions of this act if a contract for the improvement thereof
13 has been entered into between a contractor and the Commonwealth
14 or local authorities, or both, until such contract shall have
15 been completed.
16 Section 103. Upon the taking over for construction and
17 maintenance by the Commonwealth of any of the highways or
18 sections thereof, bridges, tunnels, viaducts or approaches
19 thereto specified in this act, the Commonwealth shall thereafter
20 assume all rights, obligations and liabilities of the county,
21 except for any outstanding construction or reconstruction
22 obligations and liabilities in effect at the time of such
23 transfer relating to said highways or sections thereof, bridges,
24 tunnels, viaducts or approaches thereto, whether the same arise
25 by virtue of any order of the Public Service Commission, the
26 Pennsylvania Public Utility Commission, by contract or
27 otherwise, with respect to those highways, bridges, tunnels,
28 viaducts and approaches thereto designated in section 101, which
29 are located in cities of the second class and third class. This
30 article is not intended and shall not be construed:
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1 (1) To place upon the Commonwealth any duty to regulate traffic
2 upon or police such highways, bridges, tunnels, viaducts and
3 approaches.
4 (2) To place upon the Commonwealth any obligation for
5 maintenance, construction, reconstruction or resurfacing of
6 any highway other than the base or surface courses. The
7 maintenance authorized by this article shall not include snow
8 removal [or], street cleaning or maintenance or replacement
9 of guiderail or drainage facilities and shall be limited to
10 the portions [between existing curb lines] available to
11 vehicular traffic regardless of whether there are existing
12 curbs.
13 (3) To place upon the Commonwealth any obligation under any
14 franchise or franchises heretofore granted to any public
15 utility company.
16 (4) To place upon the Department of [Highways] Transportation
17 any authority to regulate traffic, parking or the general use
18 by the traveling public of such highways, bridges, tunnels,
19 viaducts and approaches: Provided, however, That the
20 Department of [Highways] Transportation shall be authorized
21 to close to traffic all of such highways, bridges, tunnels,
22 viaducts and approaches during such time as improvements are
23 being made thereon, and in such case the political
24 subdivision in which the same is located shall establish and
25 maintain a suitable detour.
26 The rights, powers, duties, obligations and responsibilities
27 set forth in this section which are not placed upon or
28 transferred to the Commonwealth and which will or would be
29 placed upon or transferred to cities of the second and third
30 class by existing law shall become and/or remain the rights,
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1 powers, duties, obligations and responsibilities of said cities:
2 Provided, however, That said cities may contract with counties
3 of the second class for an assumption by said counties of any or
4 all said duties, obligations and responsibilities.
5 Section 2. The act is amended by adding an article to read:
6 ARTICLE V-A.
7 ALTERATION OF RESPONSIBILITY
8 Section 550. Notwithstanding the provisions of Articles I
9 through V, pertaining to construction, reconstruction,
10 maintenance and resurfacing of the highways and bridges
11 enumerated therein, the Secretary of Transportation shall have
12 authority to enter into agreements with any political
13 subdivision to alter the respective responsibilities of the
14 Department of Transportation and the municipality for
15 construction, reconstruction, maintenance and resurfacing. THE <--
16 SECRETARY OF TRANSPORTATION'S AUTHORITY TO ENTER INTO AGREEMENTS
17 TO ALTER RESPONSIBILITY SHALL NOT BE LIMITED TO HIGHWAYS AND
18 BRIDGES SPECIFICALLY NAMED IN THIS ACT. ANY AND ALL HIGHWAYS OR
19 BRIDGES WITHIN A MUNICIPALITY MAY BE SUBJECTS OF AN AGREEMENT
20 FOR ALTERATION OF RESPONSIBILITY BETWEEN THE DEPARTMENT OF
21 TRANSPORTATION AND THE MUNICIPALITY.
22 Section 3. Nothing contained in this act shall impair,
23 suspend, contract, enlarge or extend or affect in any manner the
24 powers and duties of the Pennsylvania Public Utility Commission.
25 Section 4. (a) The act of June 1, 1945 (P.L.1242, No.428),
26 known as the State Highway Law, is repealed insofar as it is
27 inconsistent with this act.
28 (b) All other acts and parts of acts are repealed insofar as
29 they are inconsistent with this act.
30 Section 5. This act shall take effect in 60 days.
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