PRINTER'S NO. 1724
No. 1403 Session of 1985
INTRODUCED BY COWELL, CLARK, MARKOSEK, LEVDANSKY, MAYERNIK,
DeLUCA, PETRONE, SEVENTY, VAN HORNE, OLASZ, GAMBLE,
MICHLOVIC, CESSAR AND BOOK, JUNE 12, 1985
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 12, 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. The introductory paragraph of section 101 and
22 section 103 of the act of September 18, 1961 (P.L.1389, No.615),
23 referred to as the County and Municipal State Highway Law, are
24 amended to read:
25 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 * * *
17 Section 103. Upon the taking over for construction and
18 maintenance by the Commonwealth of any of the highways or
19 sections thereof, bridges, tunnels, viaducts or approaches
20 thereto specified in this act, the Commonwealth shall thereafter
21 assume all rights, obligations and liabilities of the county,
22 except for any outstanding construction or reconstruction
23 obligations and liabilities in effect at the time of such
24 transfer relating to said highways or sections thereof, bridges,
25 tunnels, viaducts or approaches thereto, whether the same arise
26 by virtue of any order of the Public Service Commission, the
27 Pennsylvania Public Utility Commission, by contract or
28 otherwise, with respect to those highways, bridges, tunnels,
29 viaducts and approaches thereto designated in section 101, which
30 are located in cities of the second class and third class. This
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1 article is not intended and shall not be construed:
2 (1) To place upon the Commonwealth any duty to regulate traffic
3 upon or police such highways, bridges, tunnels, viaducts and
4 approaches.
5 (2) To place upon the Commonwealth any obligation for
6 maintenance, construction, reconstruction or resurfacing of
7 any highway other than the base or surface courses. The
8 maintenance authorized by this article shall not include snow
9 removal [or], street cleaning or maintenance or replacement
10 of guide rail or drainage facilities and shall be limited to
11 the portions [between existing curb lines] available to
12 vehicular traffic regardless of whether there are existing
13 curbs.
14 (3) To place upon the Commonwealth any obligation under any
15 franchise or franchises heretofore granted to any public
16 utility company.
17 (4) To place upon the Department of [Highways] Transportation
18 any authority to regulate traffic, parking or the general use
19 by the traveling public of such highways, bridges, tunnels,
20 viaducts and approaches: Provided, however, That the
21 Department of [Highways] Transportation shall be authorized
22 to close to traffic all of such highways, bridges, tunnels,
23 viaducts and approaches during such time as improvements are
24 being made thereon, and in such case the political
25 subdivision in which the same is located shall establish and
26 maintain a suitable detour.
27 The rights, powers, duties, obligations and
28 responsibilities set forth in this section which are not
29 placed upon or transferred to the Commonwealth and which will
30 or would be placed upon or transferred to cities of the
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1 second and third class by existing law shall become and/or
2 remain the rights, powers, duties, obligations and
3 responsibilities of said cities: Provided, however, That said
4 cities may contract with counties of the second class for an
5 assumption by said counties of any or all said duties,
6 obligations and responsibilities.
7 Section 2. The act is amended by adding an article to read:
8 ARTICLE V-A.
9 ALTERATION OF RESPONSIBILITY
10 Section 550. Notwithstanding the provisions of Articles I
11 through V, pertaining to construction, reconstruction,
12 maintenance and resurfacing of the highways and bridges
13 enumerated therein, the Secretary of Transportation shall have
14 authority to enter into agreements with any political
15 subdivision to alter the respective responsibilities of the
16 Department of Transportation and the municipality for
17 construction, reconstruction, maintenance and resurfacing.
18 Section 3. Nothing contained in this act shall impair,
19 suspend, contract, enlarge or extend or affect in any manner the
20 powers and duties of the Pennsylvania Public Utility Commission.
21 Section 4. (a) The act of June 1, 1945 (P.L.1242, No.428),
22 known as the State Highway Law, is repealed insofar as it is
23 inconsistent with this act.
24 (b) All other acts and parts of acts are repealed insofar as
25 they are inconsistent with this act.
26 Section 5. This act shall take effect in 60 days.
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