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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, FONTANA, WAUGH, GREENLEAF, SCARNATI, ARGALL, WASHINGTON AND BOSCOLA, MAY 16, 2011 |
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| REFERRED TO TRANSPORTATION, MAY 16, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, providing for the transfer of bridges to |
3 | municipalities. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The heading of Chapter 92 and sections 9201, |
7 | 9202, 9203, 9205, 9206 and 9207 of Title 75 of the Pennsylvania |
8 | Consolidated Statutes are amended to read: |
9 | CHAPTER 92 |
10 | TRANSFER OF STATE HIGHWAYS |
11 | AND BRIDGES |
12 | § 9201. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Functionally-local highways." Highways [and], roads and |
17 | bridges designated by the department for transfer to municipal |
18 | responsibility. |
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1 | "Municipality." A county, city, borough, incorporated town |
2 | or township. |
3 | § 9202. Application of chapter. |
4 | This chapter applies to all State highways and bridges |
5 | designated by the department as functionally-local highways. |
6 | § 9203. Description of functionally-local highways. |
7 | Within six months of the effective date of this chapter, the |
8 | department shall list and describe all functionally-local |
9 | highways in this Commonwealth. Also, within six months of the |
10 | effective date of this chapter and annually thereafter, the |
11 | department shall list the proposed functionally-local highways |
12 | to be transferred, giving priority to highways and bridges |
13 | located in counties in which State highways and bridges are in |
14 | the poorest condition, as indicated in the road quality reports |
15 | prepared in accordance with Chapter 453 of department |
16 | regulations. The list and description shall be categorized by |
17 | municipality and shall include a map showing location, length |
18 | and type of roadway [and], right-of-way and bridge. |
19 | § 9205. Mutual agreement. |
20 | No highway or bridge transfer shall occur between the |
21 | department and an affected municipality unless the municipality |
22 | agrees to the transfer of the described highway or bridge. |
23 | § 9206. Publication of list of highways and bridges |
24 | transferred. |
25 | The department shall, from time to time, certify to the |
26 | Legislative Reference Bureau a list of highways and bridges |
27 | transferred and the bureau shall cause the list to be published |
28 | in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. § |
29 | 725(a)(3) (relating to additional contents of Pennsylvania |
30 | Bulletin). The list shall also be certified to the office of |
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1 | recorder of deeds of the county in which the participating |
2 | municipalities are located. |
3 | § 9207. Restoration of highways and bridges. |
4 | (a) General rule.--The department and the affected |
5 | municipality shall jointly determine whether any rehabilitative |
6 | work is required to put the highway [or], road or bridge in a |
7 | satisfactory condition. The rehabilitative work may be done by |
8 | department or municipal forces, or by contract, as the parties |
9 | shall agree. If the work is to be performed by the department or |
10 | its contractors, the highway [or], road or bridge transfer shall |
11 | not be effective until all agreed upon rehabilitative work has |
12 | been completed. |
13 | (b) Funding.--All restoration work shall be paid from the |
14 | State Highway Transfer Restoration Restricted Account within the |
15 | Motor License Fund, provided, however, that the department may |
16 | in its discretion pay for any or all such work to be performed |
17 | by the department or its contractors from funds made available |
18 | to the county maintenance districts under section 9102 (relating |
19 | to distribution of State highway maintenance funds). No funds |
20 | shall be allocated to municipalities for the maintenance of |
21 | highways or bridges transferred under this chapter out of |
22 | section 4 of the act of June 1, 1956 (1955 P.L.1944, No.655), |
23 | referred to as the Liquid Fuels Tax Municipal Allocation Law, |
24 | nor shall highways or bridges transferred under the provisions |
25 | of this chapter be used to compute or determine the allocations |
26 | of municipalities under that section. |
27 | (c) Public liability.--Upon transfer of any highway or |
28 | bridge, the municipality shall assume the same public liability |
29 | for the transferred highway or bridge as it assumes for other |
30 | highways or bridges under municipal jurisdiction. |
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1 | Section 2. This act shall take effect in 60 days. |
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