SENATE AMENDED
        PRIOR PRINTER'S NOS. 346, 826, 2428,          PRINTER'S NO. 2622
        2612

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 316 Session of 1985


        INTRODUCED BY REINARD, GALLAGHER, J. L. WRIGHT, CORDISCO,
           CLYMER, GREENWOOD, GAMBLE, WOZNIAK, GEIST, CIVERA,
           AFFLERBACH, CAWLEY, SCHULER, DeLUCA, PETRARCA, BOOK, SCHEETZ,
           BUSH, HERMAN, HERSHEY, TIGUE, NAHILL, WOGAN, LASHINGER,
           FLICK, NOYE, MICOZZIE, GODSHALL, FISCHER, FARGO, COLAFELLA,
           LAUGHLIN, HALUSKA, COY, E. Z. TAYLOR, TRELLO, ARTY, MERRY,
           SEMMEL, POTT, B. SMITH, RAYMOND, PRESTON, TELEK, DORR,
           D. W. SNYDER, BELARDI, COWELL, PRATT, MRKONIC, JOHNSON,
           CIMINI, DISTLER, ROBBINS, BURNS, FOX AND BARLEY,
           FEBRUARY 12, 1985

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 9, 1985

                                     AN ACT

     1  Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
     2     "An act relating to roads, streets, highways and bridges;
     3     amending, revising, consolidating and changing the laws
     4     administered by the Secretary of Highways and by the
     5     Department of Highways relating thereto," authorizing
     6     municipalities to perform certain work on State highways
     7     within municipal boundaries; PROVIDING RELIEF FOR TORT         <--
     8     LIABILITY FOR SUCH WORK; and authorizing certain PAYMENTS AND  <--
     9     reimbursements.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Article V of the act of June 1, 1945 (P.L.1242,
    13  No.428), known as the State Highway Law, is amended by adding a
    14  subdivision to read:
    15                             ARTICLE V.
    16           RURAL STATE HIGHWAY SYSTEM AND STATE HIGHWAYS


     1                   IN CITIES, BOROUGHS AND TOWNS
     2                               * * *
     3         (e)  Provisions Applicable to All Municipalities.
     4     Section 561.  Municipal Work and Reimbursement.--(a)  Within   <--
     5  municipal boundaries, the A municipality and the department       <--
     6  shall have the power to enter into a contract for the
     7  municipality to perform MINOR ROUTINE maintenance work on the     <--
     8  roadway and shoulders of any State highway LOCATED within the     <--
     9  municipal boundaries OF THE MUNICIPALITY.                         <--
    10     (b)  Each municipality which completes the work described in
    11  subsection (a) shall be relieved from any tort liability arising
    12  after completion of such work if the completed project conforms
    13  to the standards imposed OF THE CONTRACT AS AGREED TO by the      <--
    14  department.
    15     (c)  Each municipality shall be entitled to receive PAYMENT    <--
    16  OR reimbursement from the department, in accordance with the
    17  contract, if the work is completed to the standards established   <--
    18  OF THE CONTRACT AS AGREED TO by the department.                   <--
    19     (D)  NOTHING CONTAINED IN THIS SUBDIVISION SHALL IMPAIR,       <--
    20  SUSPEND, CONTRACT, ENLARGE, EXTEND OR AFFECT IN ANY MANNER THE
    21  POWERS AND DUTIES OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
    22  AS CONTAINED IN SECTIONS 2702, 2703 AND 2704 OF TITLE 66 OF THE
    23  PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO PUBLIC
    24  UTILITIES).
    25     Section 2.  This act shall take effect in 60 30 days.          <--




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