1242                              LAWS OF MARYLAND                        [CH. 607

Section 1. Be it enacted by the General Assembly of Maryland,
That a new subsection (7) be and it is hereby added to Section 76 of
Article 89B of the Annotated Code of Maryland (1964 Replacement
Volume), title "State Roads," subtitle "Duties and Powers," to fol-
low immediately after subsection (6) thereof and to read as follows:

76.

(7) Whenever it shall be necessary as a result of construction, re-
construction or improvement of any highway or highways within
this State on the "national system of interstate and defense high-
ways," as defined in the Federal-Aid Highway Act of 1956, to relo-
cate, realign, raise, lower, rebuild or remove (hereinafter referred
to collectively as "relocation") any publicly-owned utility facilities,
and in such case federal funds are available for reimbursement to
the State of all or part of the payment herein provided for in ac-
cordance with the provisions of Sections 108(e) and 111 of the afore-
said Federal-Aid Highway Act of 1956, the State Roads Commission
shall pay without regard to the governmental function of any such
publicly-owned utility the cost to it of such relocation after deducting
therefrom any increase in the value of the new facility and any sal-
vage value derived from the old facility whenever such payment
would otherwise be due. Nothing contained in the regulations or
orders heretofore or hereafter issued by the State Roads Commission
shall be construed to prohibit or to constitute a contract prohibiting
such payment, and any requirements of such regulations or orders
relating to such relocation of utility facilities are hereby expressly
waived to the extent necessary to authorize such payment; provided,
however, that nothing herein contained shall be construed to relieve
the owner of such utility from any obligation imposed upon it by
law or contract to comply promptly with any order or request by
the State Roads Commission to perform the work necessary to ac-
complish such relocation of such utility facilities. As used herein,
the term "publicly-owned utility" shall mean a utility owned or op-
erated by a county, municipality, commission, board, district or
agency created under the laws of the State of Maryland.

Sec. 2. And be it further enacted, That it is the intention of the
General Assembly that the provisions of this Act shall be separable so
that, if any portion thereof should fail for any reason, the remainder
shall continue in effect.

SEC. 3. And be it further enacted, That this Act is hereby de-
clared to be an emergency measure and necessary for the immediate
preservation of the public health, safety and welfare and, having
been passed by a yea and nay vote supported by three-fifths of all
the members elected to each of the two houses of the General Assem-
bly, the same shall take effect from the date of its passage.

Approved April 21, 1967.

CHAPTER 607
(House Bill 717)

AN ACT to repeal and re-enact, with amendments, Section 708(u)
of Article 66C of the Annotated Code of Maryland (1957 Edition