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1998 SESSION

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986303300
HOUSE BILL NO. 1046 Offered January 26, 1998 A BILL to amend the Code of Virginia by adding a section numbered 56-561.1, relating to the Public-Private Transportation Act of 1995. ----------
Patrons-- Jackson, Albo, Bryant, Callahan, Clement, Councill, Cox, Cranwell, Crittenden, Croshaw, Davies, Davis, Devolites, Diamonstein, Hamilton, Johnson, Jones, D.C., Jones, J.C., Kilgore, Marshall, Moran, Nixon, Phillips, Puller, Robinson, Ruff, Stump, Tate, Thomas, Van Landingham, Van Yahres, Wagner and Wilkins; Senators: Chichester, Colgan, Couric, Holland, Houck, Marsh, Martin, Marye, Miller, Y.B., Newman, Norment, Reasor, Reynolds, Saslaw, Schrock, Stolle, Ticer, Trumbo, Walker, Wampler and Whipple
---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 56-561.1 as follows:

§ 56-561.1. Prohibited contracts and agreements.

Notwithstanding any contrary provision of this chapter, on or after July 1, 1998, no responsible public entity shall enter into any service contract or comprehensive agreement pursuant to this chapter for the maintenance of any highway, bridge, tunnel, or overpass that was not originally constructed under a comprehensive agreement entered into pursuant to this chapter. Nor shall any responsible public entity enter into any amendment to or issue or approve any change order pursuant to a service contract or comprehensive agreement entered into on or after July 1, 1996, pursuant to this chapter, for the maintenance of any highway, bridge, tunnel, or overpass that was not originally constructed under a comprehensive agreement entered into pursuant to this chapter. No comprehensive agreement or service contract shall be awarded under this chapter for unsolicited proposals for construction and/or maintenance of any highway, bridge, tunnel, or overpass if such project is to be funded solely with public funds.

For the purposes of this section:

"Change order" means a change order authorized under a service contract or comprehensive agreement that was entered into pursuant to this chapter and adds segments of the interstate highway system not specifically included in such contract or agreement.

"Maintenance" means repair, reconstruction, addition or widening of travel lanes or shoulders, improvement, resurfacing, overlay, or guardrail replacement or repair.