Sec. 1. 14 MRSA §8104-A, sub-§4, as enacted by PL 1987, c. 740, §4, is amended to read:

4. Road construction, street cleaning or repair. A governmental entity is liable for its negligent acts or omissions arising out of and occurring during the performance of construction, street cleaning or repair operations on any highway, town way, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of those ways including, but not limited to, street signs, traffic lights, parking meters and guardrails. A governmental entity is not liable for any defect, lack of repair or lack of sufficient railing in any highway, town way, sidewalk, parking area, causeway, bridge, airport runway or taxiway or in any appurtenance thereto.

Sec. 2. 23 MRSA §3655, as amended by PL 1979, c. 663, §138, is repealed.

Sec. 3. 23 MRSA §3656 is amended to read:

§3656. Repair within 6 years; location conclusive

When on trial of any such action or indictment as provided for in section 3655 Title 14, section 8104-A, subsection 4 if it appears that the defendant county or town has made repairs on the way or bridge within 6 years before the injury, it shall the defendant county or town may not deny the location of such that way or bridge.

Sec. 4. 35-A MRSA §2503, sub-§6, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

6. Liability. Installation and maintenance of the facility and its appurtenances in accordance with the terms of the permit and the provisions of chapter 23 and this chapter relieve the applicant of liability to others by reason of location of its facility and appurtenances and no a person has any right of recovery may not recover under Title 23, section 3655, 14, section 8104-A, subsection 4 because of the location, installation and maintenance and the applicant will be is liable only for acts of negligence in the installation or maintenance of the facility and its appurtenances.