THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, JUNE 30, 2010

REFERRED TO TRANSPORTATION, JUNE 30, 2010  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, providing for the transfer of bridges to

municipalities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Chapter 92 and sections 9201,

9202, 9203, 9205, 9206 and 9207 of Title 75 of the Pennsylvania

Consolidated Statutes are amended to read:

CHAPTER 92

TRANSFER OF STATE HIGHWAYS

AND BRIDGES

§ 9201.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Functionally-local highways."  Highways [and], roads  and

bridges designated by the department for transfer to municipal

responsibility.

"Municipality."  A county, city, borough, incorporated town

or township.

§ 9202.  Application of chapter.

This chapter applies to all State highways and bridges 

designated by the department as functionally-local highways.

§ 9203.  Description of functionally-local highways.

Within six months of the effective date of this chapter, the

department shall list and describe all functionally-local

highways in this Commonwealth. Also, within six months of the

effective date of this chapter and annually thereafter, the

department shall list the proposed functionally-local highways

to be transferred, giving priority to highways and bridges 

located in counties in which State highways and bridges are in

the poorest condition, as indicated in the road quality reports

prepared in accordance with Chapter 453 of department

regulations. The list and description shall be categorized by

municipality and shall include a map showing location, length

and type of roadway [and], right-of-way and bridge.

§ 9205.  Mutual agreement.

No highway or bridge transfer shall occur between the

department and an affected municipality unless the municipality

agrees to the transfer of the described highway or bridge.

§ 9206.  Publication of list of highways and bridges 

transferred.

The department shall, from time to time, certify to the

Legislative Reference Bureau a list of highways and bridges 

transferred and the bureau shall cause the list to be published

in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. §

725(a)(3) (relating to additional contents of Pennsylvania

Bulletin). The list shall also be certified to the office of

recorder of deeds of the county in which the participating

municipalities are located.

§ 9207.  Restoration of highways and bridges.

(a)  General rule.--The department and the affected

municipality shall jointly determine whether any rehabilitative

work is required to put the highway [or], road or bridge in a

satisfactory condition. The rehabilitative work may be done by

department or municipal forces, or by contract, as the parties

shall agree. If the work is to be performed by the department or

its contractors, the highway [or], road or bridge transfer shall

not be effective until all agreed upon rehabilitative work has

been completed.

(b)  Funding.--All restoration work shall be paid from the

State Highway Transfer Restoration Restricted Account within the

Motor License Fund, provided, however, that the department may

in its discretion pay for any or all such work to be performed

by the department or its contractors from funds made available

to the county maintenance districts under section 9102 (relating

to distribution of State highway maintenance funds). No funds

shall be allocated to municipalities for the maintenance of

highways or bridges transferred under this chapter out of

section 4 of the act of June 1, 1956 (1955 P.L.1944, No.655),

referred to as the Liquid Fuels Tax Municipal Allocation Law,

nor shall highways or bridges transferred under the provisions

of this chapter be used to compute or determine the allocations

of municipalities under that section.

(c)  Public liability.--Upon transfer of any highway or

bridge, the municipality shall assume the same public liability

for the transferred highway or bridge as it assumes for other

highways or bridges under municipal jurisdiction.

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