HOUSE BILL 427

45th legislature - STATE OF NEW MEXICO - first session, 2001

INTRODUCED BY

Miguel P. Garcia







AN ACT

RELATING TO STATE HIGHWAYS; CHANGING THE PROCESS WHEREBY STATE HIGHWAYS ARE DECERTIFIED; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 67-3-26 NMSA 1978 (being Laws 1917, Chapter 38, Section 7, as amended) is amended to read:

"67-3-26. DUTIES OF STATE HIGHWAY ENGINEER--DISBURSEMENT OF STATE ROAD FUND.--The state highway engineer shall have charge of all records of the state highway commission; shall keep a record of all proceedings and orders pertaining to the business of his office and of the state highway commission; and shall keep on file copies of all plans, specifications and estimates prepared by his office. He shall cause to be made and kept in [this] his office a general highway plan of the state [and]. He shall prepare or cause to be prepared or call upon the county surveyor or the county highway superintendent to furnish a map showing all of the main highways of the several counties of the state and shall, under the direction of the state highway commission, select and designate the highways that should comprise a system of state roads, which shall, as nearly as practicable, be such as will best serve the traffic needs and develop the resources of the state. Upon its adoption by the state highway commission, the system of state roads so designated shall be improved as soon thereafter as practicable under the provisions of [this act] Chapter 67 NMSA 1978 and such other provisions as the legislature may enact therefor. The system of state roads so designated may be changed or added to from time to time by the state highway engineer subject to the approval of the state highway commission; provided that the board of county commissioners of an affected county agrees to a change that results in decertification of a designed state highway in that county. The state highway engineer shall collect information with reference to the mileage, character and condition of the highways and bridges in the several counties of the state and shall investigate and determine the methods of road construction and maintenance best adapted to the various sections of the state, having due regard to topography, natural conditions, the availability of road building materials, the prevailing traffic conditions and the ability of the counties to meet the cost of building and maintaining roads and bridges therein. He may, at all reasonable times, be consulted by county and other officials having authority over highways and bridges relative to any question affecting such highways and bridges, and he may in like manner call on county road officials and county surveyors for any information or maps relative to the location, character and condition of the highways and bridges within their jurisdiction or control [and]. Any such official who [shall fail] fails to supply such information when so called upon [shall be] is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100). He shall determine the character of and have supervision over the construction, repair and maintenance of all state roads and bridges improved under the provisions of [this act] Chapter 67 NMSA 1978 and shall prepare or approve all plans and specifications and estimates therefor. He shall report the proceedings of his office annually to the state highway commission at such time as it may designate. All [moneys] money in the state road fund shall be expended only upon itemized vouchers approved by the state highway engineer, filed with the department of finance and administration, and warrants drawn by the secretary of finance and administration upon the state treasurer."

Section 2. Section 67-4-13 NMSA 1978 (being Laws 1921, Chapter 135, Section 12) is amended to read:

"67-4-13. ROAD MAINTENANCE--INSUFFICIENCY OF STATE FUNDS.--All county roads and bridges shall be maintained at the expense of the respective counties. All roads, and bridges upon roads, that have been declared to be a state highway by acts of the legislature or resolution of the state highway commission shall be maintained at the expense of the state, provided, that whenever there [shall] are not [be] sufficient funds available in the state road fund for maintenance of all state highway mileage in any county, the state highway commission shall certify to the board of county commissioners of [such] the county the [section or] sections of [such] highways [which] that it is unable to maintain at state expense, and [the same] if the board of county commissioners agrees, these sections shall thereafter be maintained at the expense of [said] the county until such time as there [may be] are state funds available to maintain [same] them."

Section 3. REPEAL.--Section 67-3-40 NMSA 1978 (being Laws 1919, Chapter 99, Section 13) is repealed.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.

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