PRINTER'S NO. 1350

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1173 Session of 1975


        INTRODUCED BY SCIRICA, BERSON, McCLATCHY, PYLES, WHITTLESEY,
           W. D. HUTCHINSON, MEBUS, RENNINGER, BEREN, HASKELL AND SHANE,
           APRIL 29, 1975

        REFERRED TO COMMITTEE ON CONSERVATION, APRIL 29, 1975

                                     AN ACT

     1  Providing for footpaths and bicycle trails as part of the public
     2     highway system and authorizing the expenditure of Motor
     3     License Fund moneys therefor.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Reasonable amounts shall be expended as necessary
     7  by the Department of Transportation and municipalities and
     8  townships for the establishment of footpaths and bicycle trails
     9  as part of the public highway system. Footpaths and bicycle
    10  trails shall be established wherever a highway, road or street
    11  is being constructed, reconstructed or relocated. Moneys may
    12  also be expended to maintain such footpaths and trails and to
    13  establish footpaths and trails along other highways, roads and
    14  streets. As much of the moneys in the Motor License Fund as may
    15  be necessary from time to time for such purposes are
    16  appropriated therefor.
    17     Section 2.  Footpaths and bicycle trails are not required to
    18  be established under this act:

     1     (1)  where the establishment of such paths and trails would
     2  be contrary to public safety;
     3     (2)  if the cost of establishing such paths and trails would
     4  be excessively disproportionate to the need or probable use; or
     5     (3)  where sparsity of population, other available ways or
     6  other factors indicate an absence of any need for such paths and
     7  trails.
     8     Section 3.  The amount expended by the Department of
     9  Transportation or municipalities and townships as required or
    10  permitted by this act shall never in any one fiscal year be less
    11  than 1% of the total amount of the funds received by or from the
    12  Motor License Fund for such fiscal year.
    13     Section 4.  For the purposes of this act, the establishment
    14  of paths and bicycle trails and the expenditure of funds as
    15  authorized by this act are for public highway purposes as set
    16  forth in Article VIII, section 11 of the Constitution of the
    17  Commonwealth of Pennsylvania.
    18     Section 5.  This act shall take effect immediately.








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