PRINTER'S NO.  1233

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1047

Session of

2011

  

  

INTRODUCED BY McILHINNEY, FONTANA, WAUGH, GREENLEAF, SCARNATI, ARGALL, WASHINGTON AND BOSCOLA, MAY 16, 2011

  

  

REFERRED TO TRANSPORTATION, MAY 16, 2011  

  

  

  

AN ACT

  

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.

 


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

- 2 -

 


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.

- 3 -

 


1

Section 2.  This act shall take effect in 60 days.

- 4 -