2490                                          LAWS OF MARYLAND                      [Ch. 727

Article 89B - State Roads

Section 68A

Annotated Code of Maryland

(1969 Replacement Volume and 1973 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 68A of Article 89B - State Roads,
of the Annotated Code of Maryland (1969 Replacement
Volume and 1973 Supplement) be and it is hereby repealed
and re—enacted, with amendments, to read as follows:

Article 89B - State Roads
68A.

(A) The State [Roads Commission] HIGHWAY
ADMINISTRATION shall, [upon] AT the request of the county
commissioners or the county council, AND with the
concurrence of the county executive where there is an
elected county executive, which request has been
concurred in by a majority of the members of the General
Assembly from such county, include the construction of
sidewalks on any urban—type highway [improvement provided
in the 1972 or subsequent fiscal year highway
construction or reconstruction programs]. [Such] THE
request and concurrence shall be made to the [Commission]
ADMINISTRATION before the [Commission] ADMINISTRATION
presents its annual highway construction program to the
General Assembly for consideration and inclusion as part
of the budget. As [herein] used IN THIS SECTION,
"urban—type highway" means a highway constructed with
curb and gutter and enclosed type storm—drainage systems,
OR A HIGHWAY IN AN URBANIZED AREA ON WHICH A PUBLIC
FACILITY IS LOCATED WHICH CREATES APPRECIABLE PEDESTRIAN
TRAFFIC ALONG THE HIGHWAY FROM THE ADJACENT AREAS, but
shall not include limited access expressways. Funds for
the cost of [such] sidewalk construction shall be
obtained by shortening the limits of the project where
sidewalks are to be constructed or by deleting a portion
or all of another project in the same fiscal year with a
value equal to the cost of the requested sidewalk
construction. The request for sidewalk construction
shall indicate which project is to be reduced in scope or
deleted in order to develop the funds for the sidewalk
construction. When sidewalks are constructed, they
shall thereafter be repaired by the political subdivision
in which they are located. It is hereby declared to be
the intent of the General Assembly that the cost and
responsibility for repair of any sidewalks constructed
shall be that of the political subdivision in which they
are located and that the cost of sidewalk construction
shall not result in an increase in allocation of funds to