AN ACT
RELATING TO TRANSPORTATION; CORRECTING
THE NAME OF THE STATE TRANSPORTATION COMMISSION IN STATUTE; CHANGING THE NAME
OF THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT AND THE SECRETARY OF HIGHWAY
AND TRANSPORTATION; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 3-33-10 NMSA 1978 (being Laws 1977,
Chapter 325, Section 4) is amended to read:
"3-33-10. IMPROVEMENT DISTRICT--LIMITATIONS ON POWERS
OF MUNICIPALITY WITH RESPECT TO STREET OR RIGHT OF WAY UNDER JURISDICTION OF
STATE TRANSPORTATION COMMISSION.--The municipality shall not construct
improvements authorized by Section 3-33-3 NMSA 1978 on or through any street or
right of way under the jurisdiction of the state transportation commission
unless it receives prior written approval from the state transportation
commission to undertake such improvements."
Section 2. Section 4-55A-6 NMSA 1978 (being Laws 1980,
Chapter 91, Section 6) is amended to read:
"4-55A-6. IMPROVEMENT DISTRICT--LIMITATIONS ON POWERS
OF COUNTY WITH RESPECT TO STREET OR RIGHT OF WAY UNDER JURISDICTION OF STATE
TRANSPORTATION COMMISSION.--The county shall not construct improvements on or through
any street or right of way under the jurisdiction of the state transportation
commission unless it receives prior written approval from the state
transportation commission to undertake such improvements."
Section 3. Section 13-6-2.1 NMSA 1978 (being Laws 1989,
Chapter 380, Section 1, as amended) is amended to read:
"13-6-2.1. SALES, TRADES OR LEASES--BOARD OF FINANCE
APPROVAL.--
A. Except as provided in Section 13-6-3 NMSA
1978, for state agencies, any sale, trade or lease for a period of more than
five years of real property belonging to a state agency, local public body or
school district or any sale, trade or lease of such real property for a
consideration of more than twenty-five thousand dollars ($25,000) shall not be
valid unless it is approved prior to its effective date by the state board of
finance.
B. The provisions of this section shall not be
applicable as to those institutions specifically enumerated in Article 12,
Section 11 of the constitution of New Mexico, the state land office or the
state transportation commission."
Section 4. Section 13-6-3 NMSA 1978 (being Laws 1961,
Chapter 41, Section 1, as amended) is amended to read:
"13-6-3. SALE, TRADE OR LEASE OF REAL PROPERTY BY
STATE AGENCIES--APPROVAL OF LEGISLATURE--EXCEPTIONS.--
A. Any sale, trade or lease for a period
exceeding twenty-five years in duration of real property belonging to any state
agency, which sale, trade or lease shall be for a consideration of one hundred
thousand dollars ($100,000) or more, shall be subject to the ratification and
approval of the state legislature prior to the sale, trade or lease becoming
effective. The provision specified in
Section 13-6-2 NMSA 1978 requiring approval of the state budget division of the
department of finance and administration as a prerequisite to consummating such
sales or dispositions of realty shall not be applicable in instances wherein
the consideration for the sale, trade or lease shall be for a consideration of
one hundred thousand dollars ($100,000) or more and wherein a state agency not
specifically excepted by Subsection B of this section is a contracting party,
and, in every such instance, the legislature shall specify its approval prior
to the sale, trade or lease becoming effective.
B. The provisions of this section shall not be
applicable as to those institutions specifically enumerated in Article 12,
Section 11 of the constitution of New Mexico, the state land office or the
state transportation commission."
Section 5. Section 63-3-37 NMSA 1978 (being Laws 1929,
Chapter 97, Section 3, as amended) is amended to read:
"63-3-37. SEPARATION OF GRADE
CROSSING--DETERMINATION--COST.--Whenever a state, county, municipal or other
street or highway, including a highway that may be designated as a part of the
federal aid highway system, which may be constructed or reconstructed in such
manner that it crosses or intersects any railroad, the state transportation
commission, or other governing body, may, if in its opinion it is practicable
and reasonably necessary for the protection of the traveling public, separate
the grades at such crossing and, if unable to agree with the railroad as to the
grade separation and the method of accomplishing the separation, may apply to
the district court of the county in which the separation is located by verified
petition praying for the separation of grades at the crossing and shall
accompany the petition with plans and specifications of the proposed grade
separation. The procedure on the
petition shall be the same as in ordinary civil action. If the court determines in such proceeding
that the grade separation is practicable and reasonably necessary for the
protection of the traveling public over the highway, it shall order the grade
separation to be made, either in accordance with the plans and specifications
filed with the petition or in accordance with such modification of the plans
and specifications as the court determines to be proper, and upon condition
that the then existing grade crossing shall be closed to all forms of street or
highway traffic upon the completion of the grade separation. The orders of court in such proceedings shall
be enforced in the same manner as decrees in equity. When any separation of grades is made either
by agreement or by court order, the railroad company shall pay not to exceed
ten percent of the cost between the grade separation limits, provided that the
then existing grade crossing shall be closed to all forms of street or highway
traffic upon the completion of the grade separation and provided that where
funds are made available for such purposes under the provisions of the act of
congress known as 23 USCA 101 et seq., as amended and supplemented, the
participation of the railroad company in the cost of construction and
maintenance of any grade separation structure and the approaches thereto shall
be in conformity with and subject to the provisions of that act. In cases where two or more railroads are
located in such proximity to each other as to be involved in any single
separation of grades, the portion of the cost of the grade separation shall be
apportioned between the railroads either by agreement or in such manner as may
be just by order of court in such proceeding.
Whenever the plans and specifications for a grade separation, as finally
fixed by agreement or order of court, provide for raising or lowering the grade
of the railroad tracks, the cost shall be included in the cost of the grade
separation."
Section 6. Section 63-3-38 NMSA 1978 (being Laws 1929,
Chapter 97, Section 4) is amended to read:
"63-3-38. MAINTENANCE OF GRADE CROSSING.--After
construction of every grade separation, the state transportation commission
shall maintain the highway roadbed and the structures supporting it and the
railroad shall maintain its roadway and track and the structures supporting
them."
Section 7. Section 66-1-4.16 NMSA 1978 (being Laws 1990,
Chapter 120, Section 17, as amended) is amended to read:
"66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle
Code:
A. "safety glazing materials" means
glazing materials so constructed, treated or combined with other materials as
to reduce substantially, in comparison with ordinary sheet glass or plate
glass, the likelihood of injury to persons by objects from exterior sources or
by these safety glazing materials when they are cracked and broken;
B. "safety zone" means the area or
space officially set apart within a highway for the exclusive use of
pedestrians and that is protected or is so marked or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone;
C. "school bus" means any motor
vehicle operating under the authority of the state board of education or
private school or parochial school interests that is used to transport
children, students or teachers to and from schools or to and from any school
activity, but not including any vehicle:
(1) operated by a common carrier, subject to and
meeting all requirements of the public regulation commission but not used
exclusively for the transportation of pupils;
(2) operated solely by a government-owned transit
authority, if the transit authority meets all safety requirements of the public
regulation commission but is not used exclusively for the transportation of
pupils; or
(3) operated as a per capita feeder as defined in
Section 22-16-6 NMSA 1978;
D. "seal" means the official seal of
the taxation and revenue department as designated by the secretary;
E. "secretary" means the secretary of
taxation and revenue, and, except for the purposes of Sections 66-2-3
and 66-2-12 NMSA 1978, also includes
the deputy secretary and any division director delegated by the secretary;
F. "semitrailer" means any vehicle
without motive power, other than a pole trailer, designed for carrying persons
or property and for being drawn by a motor vehicle and so constructed that some
significant part of its weight and that of its load rests upon or is carried by
another vehicle;
G. "sidewalk" means that portion of
street between the curb lines, or the lateral lines of a roadway, and the
adjacent property lines, intended for the use of pedestrians;
H. "slow-moving vehicle" means any
vehicle that is ordinarily moved, operated or driven at a speed less than
twenty-five miles per hour;
I. "solid tire" means every tire of
rubber or other resilient material that does not depend upon compressed air for
the support of the load;
J. "special mobile equipment" means
every vehicle not designed or used primarily for the transportation of persons
or property and incidentally operated or moved over the highways, including but
not limited to farm tractors, road construction or maintenance machinery,
ditch-digging apparatus, well-boring apparatus and concrete mixers;
K. "specially constructed vehicle"
means every vehicle of a type required to be registered under the Motor Vehicle
Code not originally constructed under a distinctive name, make, model or type
by a generally recognized manufacturer of vehicles and not materially altered
from its original construction;
L. "state" means any state, territory
or possession of the United States, the District of Columbia or any province of
the Dominion of Canada;
M. "state highway" means any public
highway that has been designated as a state highway by the legislature, the
state transportation commission or the secretary of transportation;
N. "stop", when required, means
complete cessation from movement;
O. "stop, stopping or standing", when
prohibited, means any stopping or standing of a vehicle, whether occupied or
not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic-control sign or
signal;
P. "street" or "highway"
means every way or place generally open to the use of the public as a matter of
right for the purpose of vehicular travel, even though it may be temporarily
closed or restricted for the purpose of construction, maintenance, repair or
reconstruction;
Q. "subsequent offender" means a
person who was previously a first offender and who again, under state law,
federal law or municipal ordinance, has been adjudicated guilty of the charge
of driving a motor vehicle while under the influence of intoxicating liquor or
any drug that rendered him incapable of safely driving a motor vehicle,
regardless of whether the person's sentence was suspended or deferred; and
R. "suspension" means that a person's
driver's license and privilege to drive a motor vehicle on the public highways
are temporarily withdrawn."
Section 8. Section 66-3-836 NMSA 1978 (being Laws 1978,
Chapter 35, Section 142) is amended to read:
"66-3-836. STANDARDS FOR LIGHTS ON SNOW-REMOVAL
EQUIPMENT.--
A. The state transportation commission shall
adopt standards and specifications applicable to headlamps, clearance lamps,
identification and other lamps on snow-removal equipment when operated on the
highways of this state in lieu of the lamps otherwise required on motor
vehicles by Sections 66-3-801 through 66-3-887 NMSA 1978. The standards and specifications may permit
the use of flashing lights for purposes of identifications on snow-removal
equipment when in service upon the highways.
The standards and specifications for lamps referred to in this section
shall correlate with and, so far as possible, conform with those approved by
the American association of state highway officials.
B. It is unlawful to operate any snow-removal
equipment on any highway unless the lamps on the equipment comply with and are
lighted when and as required by the standards and specifications adopted as
provided in this section."
Section 9. Section 66-3-847 NMSA 1978 (being Laws 1978,
Chapter 35, Section 153) is amended to read:
"66-3-847. RESTRICTIONS AS TO TIRE EQUIPMENT.--
A. When the use thereof is permitted, every
solid rubber tire on a vehicle shall have rubber on its entire traction surface
at least one-inch thick above the edge of the flange of the entire periphery.
B. A person shall not operate or move on a
highway a motor vehicle, trailer or semitrailer having any metal tire in
contact with the roadway except that for the purposes of the Motor Vehicle
Code, a snow tire with metal studs designed to increase traction on ice or snow
shall not be considered a metal tire.
C. No tire on a vehicle moved on a highway shall
have on its periphery any block, flange, cleat or spike or any other
protuberance of any material other than rubber that projects beyond the tread
of the traction surface of the tire except that it shall be permissible to use
farm machinery with tires having protuberances that will not injure the highway
and except also that it shall be permissible to use tire chains of reasonable
proportions or snow tires with metal studs designed to increase traction on ice
or snow upon any vehicle when required for safety because of snow, ice or other
conditions tending to cause a vehicle to skid.
D. The state transportation commission and local
authorities, in their respective jurisdictions, may, in their discretion, issue
special permits authorizing the operation upon a highway of traction engines or
tractors having movable tracks with transverse corrugations upon the periphery
of the movable tracks or farm tractors or other farm machinery, the operation
of which upon a highway would otherwise be prohibited under the Motor Vehicle
Code.
E. A vehicle equipped with solid rubber or
cushion tires shall not be permitted upon any highway of this state without
special permission first being granted by the state transportation commission
or the local authority having jurisdiction over the highway affected, and in no
event may any such vehicle be operated at a speed in excess of that specified
by law."
Section 10. Section 66-7-9 NMSA 1978 (being Laws 1978,
Chapter 35, Section 379, as amended) is amended to read:
"66-7-9. POWERS OF LOCAL AUTHORITIES.--
A. The provisions of the Motor Vehicle Code
shall not be deemed to prevent local authorities, with respect to streets and
highways under their jurisdiction and within the reasonable exercise of the
police power, from:
(1) regulating the standing or parking of
vehicles;
(2) regulating traffic by means of police
officers or traffic-control signals;
(3) regulating or prohibiting processions or
assemblages on the highways;
(4) designating particular highways as one-way
highways and requiring that all vehicles thereon be moved in one specific
direction;
(5) regulating the speed of vehicles in public
parks;
(6) designating any highway as a through highway
and requiring that all vehicles stop before entering or crossing it or
designating any intersection as a stop intersection or a yield intersection and
requiring all vehicles to stop or yield at one or more entrances to the
intersection;
(7) restricting the use of highways as authorized
in the Motor Vehicle Code;
(8) regulating the operation of bicycles and
requiring their registration and licensing, including the requirement of a
registration fee;
(9) regulating or prohibiting the turning of
vehicles, or specified types of vehicles, at intersections;
(10) altering the maximum speed limits as
authorized in the Motor Vehicle Code;
(11) adopting other traffic regulations as
specifically authorized by the Motor Vehicle Code;
(12) regulating the operation of snowmobiles on
public lands, waters and property under their jurisdiction and on streets and
highways within their boundaries by resolution or ordinance of their governing
bodies and by giving appropriate notice, if such regulation is not inconsistent
with the provisions of Sections 66-9-1 through 66-9-13 NMSA 1978; or
(13) regulating the operation of golf carts on
public lands and property under their jurisdiction and on streets and roads within
their boundaries by resolution or ordinance of their governing bodies and
requiring their registration and licensing, including the payment of a
registration fee; provided, the resolution or ordinance shall:
(a) not permit operation of a golf cart on any
state highway;
(b) require that the golf cart be in compliance
with Section 66-3-887 NMSA 1978; and
(c) not be inconsistent with the provisions of
Sections 66-3-1001 through 66-3-1016 NMSA 1978.
B. No local authority shall erect or maintain
any stop sign or traffic-control signal at any location so as to require the
traffic on any state highway to stop or yield before entering or crossing any
intersecting highway unless approval in writing has first been obtained from
the state transportation commission.
C. No ordinance or regulation enacted under
Paragraph (4), (5), (6), (7) or (10) of Subsection A of this section shall be
effective until signs giving notice of the local traffic regulations are posted
upon or at the entrances to the highway or part thereof affected as may be most
appropriate."
Section 11. Section 66-7-101 NMSA 1978 (being Laws 1978,
Chapter 35, Section 381) is amended to read:
"66-7-101. STATE TRANSPORTATION COMMISSION TO ADOPT SIGN
MANUAL.--The state transportation commission shall adopt a manual and
specifications for a uniform system of traffic-control devices consistent with
the provisions of Chapter 66, Article 7 NMSA 1978 for use upon highways within
this state. The uniform system shall
correlate with and so far as possible conform to the system then current as
approved by the American association of state highway officials."
Section 12. Section 66-7-102 NMSA 1978 (being Laws 1978,
Chapter 35, Section 382) is amended to read:
"66-7-102. STATE TRANSPORTATION COMMISSION TO SIGN ALL
STATE HIGHWAYS.--
A. The state transportation commission shall
place and maintain such traffic-control devices, conforming to its manual and
specifications, upon all state highways as it deems necessary to indicate and
to carry out the provisions of Chapter 66, Article 7 NMSA 1978 or to regulate,
warn or guide traffic.
B. No local authority shall place or maintain
any traffic-control device upon any highway under the jurisdiction of the state
transportation commission except by permission of the commission."
Section 13. Section 66-7-102.1 NMSA 1978 (being Laws
1989, Chapter 320, Section 7) is amended to read:
"66-7-102.1. STATE TRANSPORTATION COMMISSION--SPEED LIMIT
SIGNS.--The state transportation commission shall erect billboard-size signs at
entry points into New Mexico on interstate and major state highways, warning
and informing motorists of New Mexico speed limits, the fines for speeding in
New Mexico and New Mexico's commitment to enforce its speed limits."
Section 14. Section 66-7-304 NMSA 1978 (being Laws 1978,
Chapter 35, Section 408) is amended to read:
"66-7-304. COUNTY ROADS--AUTHORITY TO REGULATE SPEED
LIMITS.--
A. The board of county commissioners of a county
may alter and establish speed limits lower than those established by law on
county roads within its county, provided that:
(1) the speed limit is deemed to be reasonable
and safe under local conditions on the basis of an engineering survey and
traffic investigation;
(2) the alteration of a speed limit is approved
by the state transportation commission; and
(3) the county posts speed limit signs that
conform to the specifications as set forth in the manual adopted by the state
transportation commission before enforcing the speed limit.
B. As used in this section, "county
roads" means any streets, roads or highways built and maintained by the
county or the control of which has been given to the county by the state
transportation commission."
Section 15. Section 66-7-305 NMSA 1978 (being Laws 1978,
Chapter 35, Section 409) is amended to read:
"66-7-305. MINIMUM SPEED REGULATION.--
A. A person shall not drive a motor vehicle at
such a slow speed as to impede the normal and reasonable movement of traffic
except when reduced speed is necessary for safe operation or to be in
compliance with law.
B. Whenever the state transportation commission
or local authorities within their respective jurisdictions determine on the
basis of an engineering and traffic investigation that slow speeds on any part
of a highway consistently impede the normal and reasonable movement of traffic,
the commission or the local authority may determine and declare a minimum speed
limit below which no person shall drive a vehicle except when necessary for
safe operation or to be in compliance with law; provided that local authorities
in municipalities of more than one hundred thousand population may prohibit
vehicles that by virtue of weight or design are slow moving on local arterials
during peak hours of traffic."
Section 16. Section 66-7-306 NMSA 1978 (being Laws 1978,
Chapter 35, Section 410) is amended to read:
"66-7-306. SPECIAL SPEED LIMITATIONS.--
A. Subject to the requirements of Section
66-3-847 NMSA 1978, no person shall
drive any vehicle equipped with solid rubber or cushion tires at a speed
greater than ten miles per hour.
B. A person shall not drive a vehicle over any
bridge or other elevated structure constituting a part of a highway at a speed
that is greater than the maximum speed that can be maintained with safety to
the bridge or structure when such structure is signposted as provided in this
section.
C. The state transportation commission upon
request from a local authority shall, or upon its own initiative may, conduct
an investigation of any bridge or other elevated structure constituting a part
of a highway, and if it finds that the structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible under the Motor
Vehicle Code, the commission shall determine and declare the maximum speed of
vehicles that the structure can withstand and shall cause or permit suitable
signs stating the maximum speed to be erected and maintained at a minimum
distance of three hundred feet before each end of the structure.
D. Upon the trial of a person charged with a
violation of this section, proof of determination of the maximum speed by the
state transportation commission and the existence of suitable signs constitutes
conclusive evidence of the maximum speed that can be maintained with safety to
the bridge or structure."
Section 17. Section 66-7-315 NMSA 1978 (being Laws 1978,
Chapter 35, Section 419) is amended to read:
"66-7-315. NO-PASSING ZONES.--
A. The state transportation commission and local
authorities may determine those portions of any highway under their respective
jurisdictions where overtaking and passing or driving on the left of the
roadway would be especially hazardous and may, by appropriate signs or markings
on the roadway, indicate the beginning and end of such zones. When the signs or markings are in place and
clearly visible to an ordinarily observant person, every driver of a vehicle
shall obey the directions of the signs or markings.
B. Where signs or markings are in place to
define a no-passing zone as set forth in Subsection A of this section, no
driver shall at any time drive on the left side of the roadway within the
no-passing zone or on the left side of any pavement striping designed to mark
the no-passing zone throughout its length.
C. This section does not apply under the
conditions described in Paragraph (2) of Subsection A of Section 66-7-308 NMSA
1978 or to the driver of a vehicle turning left into or from an alley, private
road or driveway."
Section 18. Section 66-7-316 NMSA 1978 (being Laws 1978,
Chapter 35, Section 420) is amended to read:
"66-7-316. ONE-WAY ROADWAYS AND ROTARY TRAFFIC
ISLANDS.--
A. The state transportation commission may
designate any highway or any separate roadway under its jurisdiction for
one-way traffic and shall erect appropriate signs giving notice of that
designation.
B. Upon a roadway designated and signposted for
one-way traffic, a vehicle shall be driven only in the direction designated.
C. A vehicle passing around a rotary traffic
island shall be driven only to the right of the island."
Section 19. Section 66-7-321 NMSA 1978 (being Laws 1953,
Chapter 139, Section 75, as amended) is amended to read:
"66-7-321. RESTRICTIONS ON USE OF CONTROLLED-ACCESS
ROADWAY.--
A. The state transportation commission, by
resolution or order entered in its minutes, and local authorities, by
ordinance, may regulate or prohibit the use of any controlled-access roadway
within their respective jurisdictions by any class or kind of traffic that is
found to be incompatible with the normal and safe movement of traffic.
B. The state transportation commission or the
local authority adopting any such prohibition shall erect and maintain official
traffic-control devices on the controlled-access roadway on which the
prohibitions are applicable, and, when in place, no person shall disobey the
restrictions stated on the devices."
Section 20. Section 66-7-336 NMSA 1978 (being Laws 1953,
Chapter 139, Section 89.1, as amended) is amended to read:
"66-7-336. SCHOOL CROSSINGS.--
A. Crosswalks may be established over highways
abutting a school or the grounds adjacent to a school, and all children
crossing the highways shall be required to do so within the marked
crosswalks. The state transportation
commission, with respect to state highways, and local authorities, with respect
to streets under their jurisdiction, with advice of the local superintendent of
schools, shall establish and mark or cause to be marked these highway
crossings.
B. Crosswalks over highways not abutting school
grounds may be established by the state transportation commission, with respect
to state highways, and by local authorities, with respect to streets under
their jurisdiction, with advice of the local superintendent of schools and
after adequate assurance has been given that proper safety precautions will be
maintained pursuant to regulations of the state transportation commission and
of the local authorities. Responsibility
for maintaining the crossing will be with the appropriate county or
municipality wherein the school is located.
C. At all school crossings except as provided in
this section, appropriate signs shall be provided as prescribed by the state
transportation commission or local authorities within their respective
jurisdictions, indicating the crossings and regulating traffic movement within
the school zones.
D. School crossings are not required to be
specially posted when they are located at:
(1) a signalized intersection;
(2) an intersection where traffic is controlled
by a stop sign; or
(3) a point where a pedestrian tunnel or overhead
crossing is provided."
Section 21. Section 66-7-342 NMSA 1978 (being Laws 1978,
Chapter 35, Section 446) is amended to read:
"66-7-342. ALL VEHICLES MUST STOP AT CERTAIN RAILROAD
GRADE CROSSINGS.--The state transportation commission and local authorities
with the approval of the state transportation commission are hereby authorized
to designate particularly dangerous highway grade crossings of railroads and to
erect stop signs at those crossings.
When such stop signs are erected, the driver of any vehicle shall stop
within fifty feet but not less than fifteen feet from the nearest rail of the
railroad and shall proceed only upon exercising due care."
Section 22. Section 66-7-345 NMSA 1978 (being Laws 1965,
Chapter 91, Section 3) is amended to read:
"66-7-345. AUTHORITY TO DESIGNATE THROUGH HIGHWAYS AND
STOP AND YIELD INTERSECTIONS.--
A. The state transportation commission, with
reference to state and county highways, and local authorities, with reference
to other highways under their jurisdiction, may designate through highways and
erect stop signs or yield signs at specified entrances thereto or may designate
any intersection as a stop intersection or as a yield intersection and erect stop
signs or yield signs at one or more entrances to the intersection.
B. Preferential right of way at an intersection
may be indicated by stop signs or yield signs as authorized in the Motor
Vehicle Code.
C. Except when directed to proceed by a police
officer or traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop before entering the crosswalk
on the near side of the intersection or, in the event there is no crosswalk,
shall stop at a clearly marked stop line, but if none, then at the point
nearest the intersecting roadway before entering the intersection.
D. The driver of a vehicle approaching a yield
sign, if required for safety to stop, shall stop before entering the crosswalk
on the near side of the intersection or, in the event there is no crosswalk, at
a clearly marked stop line, but if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway."
Section 23. Section 66-7-413 NMSA 1978 (being Laws 1978,
Chapter 35, Section 484, as amended) is amended to read:
"66-7-413. PERMITS FOR EXCESSIVE SIZE AND
WEIGHT--SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.--
A. The department and local highway authorities
may, in their discretion, upon application in writing and good cause being
shown, issue a special permit in writing authorizing the applicant to operate
or move a vehicle or load of a size or weight exceeding the maximum specified
in Sections 66-7-401 through 66-7-416 NMSA 1978 on any highway under the
jurisdiction of the state transportation commission or local authorities. Except for the movement of manufactured
homes, a permit may be granted, in cases of emergency, for the transportation
of loads on a certain unit or combination of equipment for a specified period
of time not to exceed one year, and the permit shall contain the route to be
traversed, the type of load to be transported and any other restrictions or
conditions deemed necessary by the body granting the permit. In every other case, the permit shall be
issued for a single trip and may designate the route to be traversed and
contain any other restrictions or conditions deemed necessary by the body
granting the permit. Every permit shall
be carried in the vehicle to which it refers and shall be opened for inspection
to any peace officer. It is a
misdemeanor for any person to violate any of the conditions or terms of the
special permit.
B. The department shall charge and collect, when
the movement consists of any load of a width of twenty feet or greater for a
distance of five miles or more, the sum of three hundred dollars ($300) a day
or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall
be based upon the entire movement at one time requiring police escort and not
upon the number of vehicles involved.
C. The department shall promulgate regulations
in accordance with the State Rules Act pertaining to safety practices,
liability insurance and equipment for escort vehicles provided by the motor
carrier himself and for escort vehicles provided by a private business in this
state.
(1) If a motor carrier provides his own escort
vehicles and personnel, the department shall not charge an escort fee but shall
provide the motor carrier escort personnel with a copy of applicable
regulations and shall inspect the escort vehicles for the safety equipment
required by the regulations. If the
escort vehicles and personnel meet the requirements set forth in the
regulations and if the motor carrier holds a valid certificate of public
convenience and necessity or permit, as applicable, issued pursuant to Chapter
65, Article 2 NMSA 1978, the department shall issue the special permit.
(2) If the escort service is a private business,
the business shall have applied to the public regulation commission for and
been issued a permit or certificate to operate as a contract or common motor
carrier pursuant to Chapter 65, Article 2 NMSA 1978. The public regulation commission shall supply
copies of applicable regulations to the business by mail and shall supply additional
copies upon request. If the escort
vehicles and personnel meet the requirements set forth in the regulations and
if the escort service holds a certificate, the special permit shall be issued
and the department shall not charge an escort fee.
(3) The movement of vehicles upon the highways of
this state requiring a special permit and required to use an escort of the type
noted in Paragraphs (1) and (2) of this subsection is subject to department
authority and inspection at all times.
(4) The department of transportation shall
conduct engineering investigations and engineering inspections to determine
which four-lane highways are safe for the operation or movement of manufactured
homes without an escort. After making
that determination, the department of transportation shall hold public hearings
in the area of the state affected by the determination, after which it may
adopt regulations designating those four-lane highways as being safe for the
operation or movement of manufactured homes without an escort. If any portion of such a four-lane highway
lies within the boundaries of a municipality, the department of transportation,
after obtaining the approval of the municipal governing body, shall include
such portions in its regulations.
D. Except for the movement of manufactured
homes, special permits may be issued for a single vehicle or combination of
vehicles by the department for a period not to exceed one year for a fee of
sixty dollars ($60.00). The permits may
allow excessive height, length and width for a vehicle or combination of
vehicles or load thereon and may include a provision for excessive weight if
the operation is to be within the vicinity of a municipality.
E. Special permits for a single trip for a
vehicle or combination of vehicles or load thereon of excessive weight, width,
length and height may be issued for a single vehicle for a fee of fifteen
dollars ($15.00).
F. If the vehicle for which a permit is issued
under this section is a manufactured home, the department or local highway
authority issuing the permit shall furnish the following information to the
property tax division of the department, which shall then forward the
information:
(1) to the county assessor of any county from which
a manufactured home is being moved, the date the permit was issued, the
location being moved from, the location being moved to if within the same
county, the name of the owner of the manufactured home and the identification
and registration numbers of the manufactured home;
(2) to the county assessor of any county in this
state to which a manufactured home is being moved, the date the permit was
issued, the location being moved from, the location being moved to, the name of
the owner of the manufactured home and the registration and identification
numbers of the manufactured home; and
(3) to the owner of a manufactured home having a
destination in this state, notification that the information required in Paragraphs
(1) and (2) of this subsection is being given to the respective county
assessors and that manufactured homes are subject to property taxation.
G. Except as provided in Subsection H of this
section, if the movement of a manufactured home originates in this state, no
permit shall be issued under Subsection F of this section until the owner of
the manufactured home or his authorized agent obtains and presents to the
department proof that a certificate has been issued by the county assessor or
treasurer of the county in which the manufactured home movement originates
showing that either:
(1) all property taxes due or to become due on
the manufactured home for the current tax year or any past tax years have been paid,
except for manufactured homes located on an Indian reservation; or
(2) no liability for property taxes on the
manufactured home exists for the current tax year or any past tax years, except
for manufactured homes located on an Indian reservation.
H. The movement of a manufactured home from the
lot or business location of a manufactured home dealer to its destination
designated by an owner-purchaser is not subject to the requirements of
Subsection G of this section if the manufactured home movement originates from
the lot or business location of the dealer and the manufactured home was part
of his inventory prior to the sale to the owner-purchaser; however, the
movement of a manufactured home by a dealer or his authorized agent as a result
of a sale or trade-in from a nondealer-owner is subject to the requirements of
Subsection G of this section whether the destination is the business location
of a dealer or some other destination.
I. No permit shall be issued under this section
for movement of a manufactured home whose width exceeds eighteen feet with no
more than a six-inch roof overhang on the left side or twelve inches on the
right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations
of this section shall only be moved on dollies placed on the front and the rear
of the structure.
J. The secretary may by regulation provide for
movers of manufactured homes to self-issue permits for certain sizes of
manufactured homes over specific routes; however, in no case may the cost of
each permit be less than fifteen dollars ($15.00).
K. The secretary may provide by regulation for
dealers of implements of husbandry to self-issue permits for the movement of
certain sizes of implements of husbandry from the lot or business location of
the dealer over specific routes with specific escort requirements, if
necessary, to a destination designated by an owner-purchaser or for purposes of
a working demonstration on the property of a proposed owner-purchaser. The department shall charge a fee for each
self-issued permit not to exceed fifteen dollars ($15.00).
L. Any private motor carrier requesting an
oversize or overweight permit shall provide proof of insurance in at least the
following amounts:
(1) bodily injury liability, providing:
(a) fifty thousand dollars ($50,000) for each
person; and
(b) one hundred thousand dollars ($100,000) for
each accident; and
(2) property damage liability, providing
twenty-five thousand dollars ($25,000) for each accident.
M. Any common motor carrier requesting an
oversize permit shall produce a copy of a form "e" or other
acceptable evidence that the common motor carrier maintains the insurance
minimums prescribed by the public regulation commission."
Section 24. Section 66-7-415 NMSA 1978 (being Laws 1955,
Chapter 37, Section 12, as amended) is amended to read:
"66-7-415. WHEN THE STATE TRANSPORTATION COMMISSION OR
LOCAL AUTHORITIES MAY RESTRICT RIGHT TO USE STREETS.--
A. Local authorities, with respect to streets
under their jurisdiction, may also, by ordinance or resolution, prohibit the
operation of trucks or other commercial vehicles or may impose limitations as
to the size or weight thereof, on designated streets in areas that are
primarily residential, which prohibitions and limitations shall be designated
by appropriate signs placed on such street.
B. The local authority enacting an ordinance or
resolution shall erect or cause to be erected and maintained signs designating
the provisions of the ordinance or resolution at each end of that portion of
any street affected, and the ordinance or resolution shall not be effective
unless and until such signs are erected and maintained and notice thereof given
in writing to the nearest officer or employee of the motor transportation
division of the department of public safety authorized to issue special permits.
C. The state transportation commission shall
likewise have authority, as granted to local authorities in Subsections A and B
of this section, to determine by resolution and to impose restrictions as to
the size and weight of vehicles operated upon any highways under the
jurisdiction of the commission, and such restrictions shall be effective on and
after the passage of a resolution and when signs giving notice thereof are
erected upon the highway or portion of any highway affected by such resolution. The commission shall deliver a copy of all
restrictions adopted by it to the motor transportation division of the
department of public safety."
Section 25. Section 67-2-4 NMSA 1978 (being Laws 1929,
Chapter 77, Section 1, as amended) is amended to read:
"67-2-4. DEFINITIONS.--As used in Chapter 67 NMSA
1978:
A. "state highway" shall include any
highway declared to be a state highway by an act of the legislature or
designated as such by the state highway engineer;
B. "department" means the department
of transportation; and
C. "secretary" means the secretary of
transportation."
Section 26. Section 67-3-1 NMSA 1978 (being Laws 1935,
Chapter 44, Section 1, as amended) is amended to read:
"67-3-1. REIMBURSEMENT OF STATE TRANSPORTATION
COMMISSIONERS.--The members of the state transportation commission shall
receive per diem and mileage as provided in the Per Diem and Mileage Act and
shall receive no other compensation, perquisite or allowance."
Section 27. Section 67-3-2 NMSA 1978 (being Laws 1967,
Chapter 266, Section 1, as amended) is amended to read:
"67-3-2. STATE TRANSPORTATION
COMMISSIONERS--NUMBER--APPOINTMENT--POWERS--TERM OF OFFICE--BOND.--
A. The state transportation commission shall
consist of six members to be appointed by the governor with the advice and
consent of the senate.
B. State transportation commissioners shall be
appointed for staggered terms of six years each commencing on January 1 so that
the terms of not more than two commissioners expire on December 31 of each
even-numbered year. Any vacancy shall be
filled by appointment by the governor with the approval of the senate for the
remainder of the unexpired term.
C. Each of the members, in order to qualify as
such, shall take the usual oath and execute in favor of the state a surety
company bond in a form approved by the attorney general in the amount of
twenty-five thousand dollars ($25,000) conditioned upon the faithful
performance of his duties. No more than
four of the appointed commissioners shall belong to the same political party.
D. The state transportation commission shall
have the power to determine all matters of policy for the department."
Section 28. Section 67-3-3 NMSA 1978 (being Laws 1967,
Chapter 266, Section 2, as amended) is amended to read:
"67-3-3. STATE TRANSPORTATION COMMISSION
DISTRICTS--ONE MEMBER APPOINTED FROM EACH DISTRICT--RESIDENCE REQUIREMENTS.--
A. There are created six state transportation
commission districts as follows:
(1) district 1, which shall be composed of the
counties of Socorro, Grant, Sierra, Dona Ana, Luna and Hidalgo;
(2) district 2, which shall be composed of the
counties of Lea, Eddy, Chaves, Roosevelt, Curry, DeBaca, Lincoln and Otero;
(3) district 3, which shall be composed of the
counties of Bernalillo and Valencia and, in Sandoval county, all of townships
twelve and thirteen north, ranges one, two, three, four, five and six east and
all of townships fourteen, fifteen and sixteen north, ranges four, five and six
east;
(4) district 4, which shall be composed of the
counties of Colfax, Union, Mora, Harding, San Miguel, Quay and Guadalupe;
(5) district 5, which shall be composed of the
counties of San Juan, Rio Arriba, Taos, Santa Fe, Torrance and Los Alamos; and
(6) district 6, which shall be composed of the
counties of Catron, Cibola, McKinley and all of Sandoval county excluding all
of townships twelve and thirteen north, ranges one, two, three, four, five and
six east and all of townships fourteen, fifteen and sixteen north, ranges four,
five and six east.
B. The legislature, in the event of the creation
of any new county, shall attach the new county to any of the above districts to
which the new county may be contiguous.
C. One member of the state transportation
commission shall be appointed from each of the six state transportation
commission districts, and the member shall reside in the district from which he
is appointed. Change of residence of a
state transportation commissioner to a place outside the highway district from
which he was appointed shall automatically terminate the term of that
commissioner.
Section 29. Section 67-3-6 NMSA 1978 (being Laws 1967,
Chapter 266, Section 5, as amended) is amended to read:
"67-3-6. CREATION OF DEPARTMENT OF TRANSPORTATION.--A
department of government within the executive branch to be known as the
"department of transportation" is established. Except for the powers expressly granted to
the state transportation commissioners in Chapter 67, Article 3 NMSA 1978, the
department shall exercise all the power, authority and duty granted to the
state transportation commission in Chapter 67 NMSA 1978. All references contained in the NMSA 1978, as
amended, and which refer to the "state transportation commission" or
"commissioners" shall, wherever appropriate, be construed to refer to
or to mean the department as designated in this section."
Section 30. Section 67-3-7 NMSA 1978 (being Laws 1967,
Chapter 266, Section 6, as amended) is amended to read:
"67-3-7. SECRETARY OF
TRANSPORTATION--APPOINTMENT--QUALIFICATIONS--BOND.--
A. The department shall be under the control of
an executive officer to be known as the "secretary". The secretary shall have all powers necessary
for the efficient management of the department.
Except for the powers expressly granted to the state transportation
commission by Sections 67‑3-5, 67-3-7 and 67-3-23 NMSA 1978 and by
Section 67-3-2 NMSA 1978, the secretary shall have all powers granted by law to
the state transportation commission or the state transportation commissioners.
B. The secretary shall devote his entire time to
his duties and shall receive an annual salary set by the commission. A secretary, during his period of service,
shall not hold any other office under the laws of this state or of the United
States."
Section 31. Section 67-3-8 NMSA 1978 (being Laws 1967,
Chapter 266, Section 7, as amended by Laws 1987, Chapter 344, Section 1 and
also by Laws 1987, Chapter 345, Section 1) is amended to read:
"67-3-8. POWERS AND DUTIES OF SECRETARY.--The secretary
shall:
A. serve as the chief staff officer of the state
transportation commission and shall be responsible to the commission for the
operations and management of the work of the department;
B. organize the department in such a manner as
to properly conduct the work of the department;
C. establish six highway construction districts
with the approval of the state transportation commission. The secretary shall designate a district
engineer in each construction district to supervise and manage the operations
of the district. The district engineer
shall be a professional engineer. The
authority and responsibility for the actual construction for all construction
projects within the district shall be delegated to the district engineer. District engineers shall attend state
transportation commission meetings;
D. in accordance with the provisions of the
Personnel Act, employ such assistants and employees as may be required for the
efficient operation of the department, each of whom shall possess all the
qualifications that may be prescribed for such position; provided that,
notwithstanding the provisions of the Personnel Act, no more than five division
directors shall be covered by and subject to the Personnel Act; and
E. observe, administer and enforce the
provisions of law now existing or hereafter enacted that pertain to the state
highways, the state transportation commission or the department."
Section 32. Section 67-3-10 NMSA 1978 (being Laws 1917,
Chapter 38, Section 6) is amended to read:
"67-3-10. MEETINGS--OATHS--SEAL--POLICY.--It is the
duty of the state transportation commission to hold meetings at such times and
for such periods as it deems essential to the proper carrying out of the
provisions of Chapter 67 NMSA 1978. The
members shall have power to administer oaths, and the commission shall have a
common seal. It is the duty of the
commission to consider and determine at its meetings all questions relating to
the general policy of the commission and the conduct of the work in general; to
receive and consider, at such times as it may elect, the annual report of the
secretary; and to act in all matters relating to the recommendations, reports
and such other matters as it finds advisable to submit to the governor or to
the legislature; provided, however, that any reports or information shall be
furnished to the governor by the commission upon his request."
Section 33. Section 67-3-11 NMSA 1978 (being Laws 1917,
Chapter 38, Section 20) is amended to read:
"67-3-11. RULE-MAKING POWER.--The state transportation
commission is hereby authorized to make all rules and regulations as may be
necessary to carry out the provisions of Chapter 67 NMSA 1978."
Section 34. Section 67-3-12 NMSA 1978 (being Laws 1929,
Chapter 110, Section 1) is amended to read:
"67-3-12. POWERS AND DUTIES.--In addition to the powers
now conferred upon it by law, the state transportation commission shall have
the power and authority to:
A. declare abandoned and to close to public
traffic all grade crossings of railroads by state highways in cases where grade
separations or other adequate crossings are substituted therefor or where such
grade crossings become unnecessary to the public convenience by reason of
changes in highway locations;
B. offer and upon compliance with the conditions
of such offer to pay rewards for information leading to the arrest and
conviction of offenders in cases of theft, defacement or destruction of markers
or highway signs, lights or other warning devices placed upon or along highways
of this state under the supervision of the state transportation commission and
for information leading to the arrest and conviction of offenders or for the
return of property in case of theft or unlawful damaging of property under the
control of the commission. All such
rewards when paid shall be paid from the state road fund upon voucher drawn by
the state highway engineer or other authorized officer or agent of the
department;
C. prescribe by rules and regulations the
conditions under which pipelines, telephone, telegraph and electric
transmission lines and ditches may be hereafter placed along, across, over or
under all public highways in this state and to forcibly remove or cause to be
removed any such pipelines, telephone, telegraph or electric transmission lines
or ditches which may hereafter be placed along, across, over or under such
public highways in violation of such rules and regulations;
D. employ an attorney to assist and advise the
state transportation commission and all of the employees and agents thereof in
the discharge of their duties and to appear and represent the interests of the
commission or its employees in any case before any court or tribunal in which
the official duties, powers, rights or privileges of the commission or any of
its employees or agents may be involved or affected and to pay such attorney
the reasonable value of his services out of the state road fund;
E. bring and maintain in the name of the state
all actions and proceedings deemed necessary by the state transportation
commission for the condemnation of rights of way for public highways or for the
removal or condemnation of buildings or other improvements that encroach in
whole or part upon the rights of way of public highways or for the condemnation
of gravel pits or other deposits of materials or supplies suitable for the
construction of public highways.
The attorney general of New
Mexico shall appear in and prosecute all such cases on behalf of the state upon
request of the state transportation commission.
All such proceedings shall be conducted in the same manner as other
cases for the condemnation of real property.
The damages assessed in proceedings brought under the provisions of this
section shall be paid out of the state road fund from money furnished for that
purpose by cooperative agreement between the state, federal government and the
county within which the condemned property is situate or any such governmental
bodies or out of money furnished for the construction of the highway in
connection with which the condemnation is had, by the county in which the
condemned property is situate; provided, however, that if no such money is
available, the damages shall be advanced on behalf of said counties out of
their money in the state road fund and the state treasurer shall thereafter
reimburse the state road fund for the money advanced out of the next installment
of money from motor vehicle license fees accruing to the road fund of the
county for which such funds were so advanced; and
F. designate in its discretion one of its
employees as acting secretary to act at all times when the secretary is absent from
the state capital. The acting secretary,
when designated, has the right and is hereby given authority at all times when
the secretary is absent from the state capital to sign all federal project
statements, federal project agreements and federal vouchers with the same force
and effect as if signed by the secretary in person, and the certificate of the
acting secretary attached to any federal project statement, federal project
agreement or federal voucher to the effect that the secretary was absent from
the state capital at the time that the same was so signed by the acting
secretary shall be conclusive evidence of the truth of such fact. The acting secretary may also be vested by
the state transportation commission with power and authority to act for the
secretary in such other matters as the state transportation commission may
determine."
Section 35. Section 67-3-14 NMSA 1978 (being Laws 1912,
Chapter 54, Section 2, as amended) is amended to read:
"67-3-14. STATE TRANSPORTATION COMMISSION--POWERS AND
DUTIES--ROAD FUNDS.--
A. The state transportation commission has
charge of all policy matters pertaining to the expenditure of the state road
fund in the construction, improvement and maintenance of state highways and
bridges in the state.
B. The state transportation commission may also
make rules and regulations governing the method of construction, improvement
and maintenance of state highways and bridges and compel compliance with the
laws, rules and regulations relating to state highways and bridges. The commission shall have no duty to maintain
or supervise the maintenance of roads that are not designated state highways or
bridges.
C. The secretary shall have authority to expend
state road funds and use state forces and equipment in an amount not to exceed
ten thousand dollars ($10,000) for the purpose of restoring and preserving the
public safety and welfare in any emergency involving a threat of injury to
lives or property within areas under the control of the state or local
governmental bodies."
Section 36. Section 67-3-17 NMSA 1978 (being Laws 1967,
Chapter 20, Section 2) is amended to read:
"67-3-17. SNOW REMOVAL FROM DESIGNATED SKIING AREA
PARKING FACILITIES.--The state transportation commission is hereby authorized
and empowered to remove any snow that it deems to be an obstacle to the parking
of motor vehicles at any parking area that serves a skiing area. If the parking area is on lands owned by or
leased from the state, municipal, county or federal government, the cost of
snow removal shall be borne by the state as in the case of road
maintenance. If the parking facilities
are on private lands, the person in control of the skiing area shall be liable
for the payment of such sum, not less than actual cost, as the state
transportation commission decides to be the reasonable value of such snow
removal. For the purposes of this
section, the phrase "skiing area" shall mean any lands or areas used
for the sport of skiing and recognized by the tourism department as a tourist
attraction."
Section 37. Section 67-3-19 NMSA 1978 (being Laws 1967,
Chapter 165, Section 1) is amended to read:
"67-3-19. DUTY TO REPAIR AND MAINTAIN STATE PARK ROADS,
BRIDGES AND PARKING AREAS.--It is the duty of the state transportation
commission to repair and maintain the public roads and highways that provide
access to state park and recreation areas and to repair and maintain all roads,
bridges and parking areas within the boundaries of the state park and
recreation areas that will best serve the needs of the general public."
Section 38. Section 67-3-20 NMSA 1978 (being Laws 1909,
Chapter 42, Section 5, as amended) is amended to read:
"67-3-20. EL CAMINO REAL--SUPERVISION AND CONTROL.--
The system of highways established by Sections 67-9-2 through 67-9-5 NMSA 1978
shall be under the supervision and control of the state transportation
commission, and it shall carry out the provisions at such time as in its
judgment is proper."
Section 39. Section 67-3-22 NMSA 1978 (being Laws 1909,
Chapter 42, Section 9, as amended) is amended to read:
"67-3-22. STATE TRANSPORTATION COMMISSION--ANNUAL
REPORT.--The state transportation commission shall, on or before the first day
of January of each year, make a report to the governor of all business
transacted by the commission up to and including the thirtieth day of November,
showing an itemized statement of money received and disbursed."
Section 40. Section 67-3-23 NMSA 1978 (being Laws 1977,
Chapter 251, Section 5, as amended) is amended to read:
"67-3-23. SECRETARY OF
TRANSPORTATION--APPOINTMENT.--The governor shall appoint a secretary of
transportation, with the approval of the state transportation commission and
subject to the advice and consent of the senate. The secretary shall be in general charge of
the work of the commission and be its active executive representative and shall
serve as the representative of the department on the executive cabinet as
provided for in the Executive Reorganization Act. The secretary shall take the usual oath and
execute in favor of the state a bond in the sum of fifty thousand dollars
($50,000), of like character, with like sureties and for like purposes, to be
approved and filed as prescribed in the Surety Bond Act. The premium of the bond shall be paid out of
the state road fund."
Section 41. Section 67-3-24 NMSA 1978 (being Laws 1917,
Chapter 38, Section 5) is amended to read:
"67-3-24. EMPLOYEES--APPOINTMENT--COMPENSATION.--The
secretary, with the consent and approval of the state transportation commission,
may appoint and fix the compensation of assistant engineers and clerks and
employ such other help as may be necessary to the proper conduct of the work of
the commission under the provisions of Chapter 67 NMSA 1978. All appointees on entering upon their duties
shall first take the prescribed oath of office if so required by the
commission."
Section 42. Section 67-3-26 NMSA 1978 (being Laws 1917,
Chapter 38, Section 7, as amended) is amended to read:
"67-3-26. DUTIES OF SECRETARY--DISBURSEMENT OF STATE
ROAD FUND.--The secretary shall have charge of all records of the state
transportation commission; shall keep a record of all proceedings and orders
pertaining to the business of his office and of the state transportation
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 his office a general highway plan of the state. 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 transportation 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 transportation commission, the system of
state roads so designated shall be improved as soon thereafter as practicable
under the provisions of 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 secretary subject to the approval of the state transportation
commission. The secretary 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. Any such
official who fails to supply such information when so called upon 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 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 transportation commission at such time as it may
designate. All money in the state road
fund shall be expended only upon itemized vouchers approved by the secretary,
filed with the department of finance and administration, and warrants drawn by
the secretary of finance and administration upon the state treasurer."
Section 43. Section 67-3-29 NMSA 1978 (being Laws 1973,
Chapter 143, Section 1) is amended to read:
"67-3-29. DEPARTMENT PERSONNEL--COUNTY AND MUNICIPAL
ROAD TECHNICAL ASSISTANCE.--The state transportation commission may establish
and maintain within the department qualified technical personnel including
engineers, designers and survey crews to assist counties and municipalities in
the engineering, design and other technical aspects of county and municipal
road projects."
Section 44. Section 67-3-30 NMSA 1978 (being Laws 1929,
Chapter 100, Section 3) is amended to read:
"67-3-30. COUNTIES AUTHORIZED TO CONTRACT WITH
COMMISSION--INSUFFICIENT FUNDS--EXEMPTION FROM BATEMAN ACT.--The boards of
county commissioners of the respective counties of this state are hereby
authorized to enter into cooperative agreements with the state transportation
commission in accordance with the provisions of Sections 67-3-28 and 67-3-30
NMSA 1978. An agreement shall bind the
state and a county becoming a party thereto and shall not be invalidated by
reason of the fact that a participating county may not have or collect during
the current year sufficient money to pay the indebtedness of said county
incurred under such contract for said current year. A contract shall be exempted from the
provisions of Section 6-6-11 NMSA 1978."
Section 45. Section 67-3-31 NMSA 1978 (being Laws 1917,
Chapter 38, Section 8) is amended to read:
"67-3-31. COUNTY ROADS--IMPROVEMENT OR
CONSTRUCTION--STATE AID--DUTIES OF STATE HIGHWAY ENGINEER.--Whenever the board
of county commissioners of any county desires that any main traveled road or
roads in such county included among those adopted by the state transportation
commission as a system of state roads shall be improved or constructed under
the provisions of Chapter 67 NMSA 1978, written application shall be made by
the board of county commissioners to the secretary for such improvement or
construction and for state aid therefor.
If the board of county commissioners of any county fails to apply for
state aid during the year for which such aid is available, that county shall
thereby forfeit its right to its portion of state aid for that year, and the
funds apportioned to that county for the year shall remain in and be a part of
the state road fund for the succeeding year.
If upon receipt of such application the state transportation commission
is satisfied, after investigation, that the proposed improvement should be made
or undertaken and that the county will be able to pay its portion of the cost
and that state funds will be available to pay the state's portion of the cost,
it may approve the same and undertake such work of improvement in accordance with
the provisions of Chapter 67 NMSA 1978.
The secretary or one of his assistants shall proceed to view the road or
part thereof proposed to be improved and make all surveys, plans,
specifications and estimates of cost for its construction out of such materials
as may be decided upon by the secretary; provided, that whenever in the
judgment of the state transportation commission it is desirable to proceed with
the improvement of any road in the system of state roads, for the improvement
of which the county commissioners of the county in which the same is located
shall have failed or declined to make application as provided in this section,
it is lawful for the secretary to proceed with the improvement of any such road
without application from the board of county commissioners and to pay the
entire cost of such improvement from the portion of the state road fund made
available under the provisions of Chapter 67 NMSA 1978 for expenditure wholly
within the discretion of the state transportation commission and from the state
apportionment of funds under the act of congress referred to in Section 67-3-33
NMSA 1978."
Section 46. Section 67-3-32 NMSA 1978 (being Laws 1983,
Chapter 38, Section 1, as amended) is amended to read:
"67-3-32. COOPERATIVE AGREEMENTS--PREFERENCE.--In
entering into cooperative agreements pursuant to Section 67‑3‑28
NMSA 1978, the state transportation commission shall give preference to
political subdivisions of this state if the subdivision contributes an amount
equal to at least twenty-five percent of the project cost."
Section 47. Section 67-3-33 NMSA 1978 (being Laws 1917,
Chapter 38, Section 19, as amended) is amended to read:
"67-3-33. ASSENT TO FEDERAL RURAL POST ROAD
ACTS--PLEDGE OF STATE'S GOOD FAITH--EXPENDITURES.--The legislature of New
Mexico hereby assents to the provisions of the act of congress approved July
11, 1916 entitled "an act to provide that the United States shall aid the
states in the construction of rural post roads, and for other purposes",
39 U. S.
Statutes at Large, page three hundred fifty-five, and all acts amendatory
thereof and supplementary thereto, and the legislature of New Mexico hereby
assents to the provisions of the act of congress approved November 9, 1921
entitled "an act to amend the act entitled 'an act to provide that the
United States shall aid the states in the construction of rural post roads and
for other purposes', approved July eleven, nineteen hundred and sixteen as
amended and supplemented and for all other purposes", 42 U. S. Statutes at
Large, page two hundred twelve and all acts amendatory thereof and
supplementary thereto. The state transportation
commission is hereby authorized to enter into all contracts and agreements with
the United States government relating to the construction and maintenance of
rural post roads under the provisions of the said acts of congress, to submit
such scheme or program of construction and maintenance as may be required by
the secretary of agriculture and to do all other things necessary fully to
carry out the cooperation contemplated and provided by the acts. The good faith of the state is hereby pledged
to make available funds sufficient to equal the sum apportioned to the state by
or under the United States government during each of the five years for which
federal funds are appropriated by the acts, to maintain the roads constructed
under the provision of the acts and to make adequate provision for carrying out
such maintenance. All money accruing to
the state road fund and available for expenditure in the construction and
maintenance of highways and all federal funds apportioned to this state under
the acts of congress shall be expended upon the highways comprising the system
of state roads provided for by Chapter 67 NMSA 1978."
Section 48. Section 67-3-34 NMSA 1978 (being Laws 1925,
Chapter 18, Section 1) is amended to read:
"67-3-34. FEDERAL AID ROAD PROJECT--DOCUMENT
EXECUTION.--Whenever a federal aid road project has been approved by the state
transportation commission, the secretary is hereby authorized to execute and
sign for and on behalf of the commission the project agreement and
modifications thereof and all required documents in connection with such
project. The agreements, modifications
and documents so executed and signed shall be binding upon the state and upon
the department to the same extent as if they had been signed by every member of
the commission."
Section 49. Section 67-3-35 NMSA 1978 (being Laws 1925,
Chapter 18, Section 2) is amended to read:
"67-3-35. AUDITOR--APPOINTMENT--DUTIES--BOND.--The
secretary, by and with the approval of the state transportation commission, may
appoint some suitable person who shall be authorized to sign the name of said
engineer to all vouchers as he designates from time to time in writing for the
disbursement of funds. The appointee
shall take the oath of office required of other employees of the department and
shall execute in favor of the state a surety company bond in the sum of fifty
thousand dollars ($50,000), subject to approval of the state transportation
commission, conditional for the faithful performance of his duties, the premium
of the bond to be paid out of the state road fund."
Section 50. Section 67-3-36 NMSA 1978 (being Laws 1963,
Chapter 249, Section 1) is amended to read:
"67-3-36. ACQUISITION OF RIGHTS OF WAY--DUTY OF COUNTY
AND DISTRICT ATTORNEY.--Except as provided in Section 67-3-37 NMSA 1978, the
rights of way deemed necessary by the state transportation commission for highways
constructed or reconstructed under the supervision of the state transportation
commission shall be acquired by the county through which such highways shall or
do pass by donation, agreement, exchange, by the exercise of the power of
eminent domain or otherwise, in the manner provided by law for acquiring
property or property rights for public uses.
It is the duty of the district attorney for the county wherein such
property or property rights are situate to commence and prosecute an action to
acquire all such property or property rights upon request of the board of
county commissioners or the state transportation commission."
Section 51. Section 67-3-37 NMSA 1978 (being Laws 1963,
Chapter 249, Section 2) is amended to read:
"67-3-37. ACQUISITION OF RIGHTS OF WAY FOR INTERSTATE
SYSTEM--PRIMARY SYSTEM--SECONDARY SYSTEM--PAYMENT.--
A. In the acquisition of property or property
rights deemed necessary by the state transportation commission for construction
or reconstruction of the national system of interstate and defense highways,
more commonly known as the "federal aid interstate system", the
"federal aid primary system" and the "federal aid secondary
system", the state transportation commission shall, at its costs, acquire
the property or property rights directly, by either donation, agreement, exchange,
condemnation or otherwise, without recourse to the county.
B. The secretary is authorized to make full
payment directly to the owner or party having an interest in the property or
property interests involved, in the manner prescribed by law, or may reimburse
the county for the actual costs."
Section 52. Section 67-3-38 NMSA 1978 (being Laws 1963,
Chapter 249, Section 3) is amended to read:
"67-3-38. ACTION BY STATE TRANSPORTATION
COMMISSION.--When the state transportation commission secures property or
property rights required for the construction or reconstruction of the federal
aid interstate system, the federal aid primary system or the federal aid
secondary system, it is the duty of the district attorney for the county
wherein such property or property rights are situate to aid and assist the
state transportation commission in all matters pertaining thereto and to be
present and assist at any trial involving the property or property rights
required upon written request of the secretary or the head of the legal section
of the department."
Section 53. Section 67-3-40 NMSA 1978 (being Laws 1919,
Chapter 99, Section 13) is amended to read:
"67-3-40. CONTROL OF STATE HIGHWAYS--MAINTENANCE
COSTS.--The state transportation commission shall have full control over all
roads designated by the commission as state highways or created as state
highways by acts of the legislature. The
costs of maintenance thereof shall be paid by the state, provided, that if at
any time the money in the state road fund available for improvement or
maintenance of all such state highways in the state shall not be sufficient for
such purposes, the state transportation commission shall certify to the
respective boards of county commissioners the certain sections of the highways
in the counties, proportionately to such deficiency, which shall be improved
and maintained wholly by the respective counties until sufficient funds are
provided in the state road fund to enable the state to take over and maintain
them as state highways."
Section 54. Section 67-3-41 NMSA 1978 (being Laws 1917,
Chapter 38, Section 14) is amended to read:
"67-3-41. HIGHWAY MAINTENANCE CONTRACTS WITH
COUNTIES--FAILURE OF COUNTY TO MAINTAIN--UTILITY LINES.--All state highways
constructed and improved under the provisions of Chapter 67 NMSA 1978 shall be
maintained by the state transportation commission, but not more than fifty
percent of the cost of such maintenance shall be paid by the state and not less
than fifty percent shall be paid by the counties. The state transportation commission may,
however, contract with the board of county commissioners of any county to
maintain any state highway or highways therein in accordance with standards
prescribed by the secretary and subject to supervision and inspection by him,
and if the board of county commissioners of any county so contracting to
maintain such highways shall fail, neglect or refuse properly to execute such
work of maintenance, the secretary, after reasonable notice, may have such work
of maintenance done and charge the county's portion of the cost to the
allotment due the county from the state road fund for the year in which work is
done. No pipe lines, poles or telephone
or electric transmission lines or railways, authorized to be placed on or along
roads constructed or improved under the provisions of Chapter 67 NMSA 1978
shall be located except in accordance with rules and regulations prescribed
therefor by the state transportation commission."
Section 55. Section 67-3-42 NMSA 1978 (being Laws 1917,
Chapter 38, Section 13) is amended to read:
"67-3-42. BRIDGES CONSIDERED PART OF HIGHWAY.--For the
purposes of Chapter 67 NMSA 1978, necessary bridges, culverts and other
appertaining structures on any highway shall be considered a part of such
highway. Not more than fifty percent of
the cost of all construction or improvement of highways, under the provisions
of Chapter 67 NMSA 1978, shall be paid by the state and not less than fifty
percent by the county in which such work is done, except where such work is
done by the state transportation commission without the use of county
funds."
Section 56. Section 67-3-46 NMSA 1978 (being Laws 1939,
Chapter 91, Section 1) is amended to read:
"67-3-46. RENTAL OF EQUIPMENT--BIDS NOT REQUIRED IN
EMERGENCIES--BID PROCEDURE--RESTRICTIONS.--In cases of emergency where a state
highway is rendered impassable for vehicular traffic by reason of fire, flood,
storm or any other unusual condition and when it is necessary to take emergency
action to reestablish the highway to a condition to render it passable to
traffic, and equipment owned by the state transportation commission suitable
for such purpose is not immediately available, the secretary, subject to
approval of the state transportation commission, may rent equipment for such
purpose at a reasonable rental rate without advertising for bids. In all other cases, the secretary shall
advertise for bids before renting equipment and shall rent such equipment from
the party submitting the lowest satisfactory bid. Such advertisement for bids shall be in
accordance with such rules as may be adopted therefor by the state
transportation commission, and bids shall be on such forms and in such manner
and accompanied by such guarantee as may be prescribed by the commission."
Section 57. Section 67-3-49 NMSA 1978 (being Laws 1929,
Chapter 108, Section 1, as amended) is amended to read:
"67-3-49. CLAIMS OF HIGHWAY CONTRACTOR'S
CREDITORS--STATE HIGHWAY SUSPENSE FUND.--Whenever, after the completion of any
contract for the construction, repair or maintenance of any public highway
under the supervision of the state transportation commission and the final
acceptance of the work done thereunder, there now is or hereafter may be funds
in a sum of less than five hundred dollars ($500) remaining in the hands of the
state treasurer, properly payable under said contract, and claims of alleged
creditors of such contractor have been filed with the state transportation
commission against such funds, then, and at the election of the state
transportation commission and upon an appropriate voucher issued by the proper
officer of said commission specifying the project number of such contract and
the name of such contractor and the names of all creditors who have filed such
claims with said commission and the amounts of all claims so filed, the
secretary of finance and administration shall issue a warrant for the transfer
of the full amount of said fund to a special account to be known as the
"state highway suspense fund" and shall specify upon his records the
amount of money so transferred, the project number of said contract, the name
of said contractor and the names and amounts of the claims of such
creditors. Upon receipt of such warrant,
the state treasurer shall transfer such funds to the state highway suspense
fund in accordance with said warrant."
Section 58. Section 67-3-50 NMSA 1978 (being Laws 1929,
Chapter 108, Section 2) is amended to read:
"67-3-50. ACCOUNT CLOSING--NONLIABILITY.--Upon transfer
of the funds as provided in Section 67-3-49 NMSA 1978, the state transportation
commission shall close its book of account upon such project and shall have no
further responsibility in connection with such fund or with the payment of the
balance of money remaining to the credit of said contractor upon said
contract."
Section 59. Section 67-3-54 NMSA 1978 (being Laws 1943,
Chapter 7, Section 1) is amended to read:
"67-3-54. FLIGHT STRIPS, AIRPORT AND ACCESS
ROADS--CONTRACTS WITH FEDERAL GOVERNMENT--SECRETARY.--The state transportation
commission is hereby authorized to enter into and make agreements with the federal
government, or any agency, bureau or commission thereof, providing for the
construction and maintenance of flight strips for the landing and launching of
aircraft adjacent to or in the vicinity of public highways, for the
construction and maintenance of airports or the construction and maintenance of
access roads to flight strips, airports, bombing ranges, target ranges, federal
reservations or to any industry or location deemed necessary to the war
effort. Whenever a project for the
construction and maintenance of a flight strip, an airport or an access road
has been approved by the state transportation commission, the secretary is
hereby authorized to execute and sign on behalf of the commission the project
agreement and modifications thereof and all other documents in connection with
such project. Such agreements,
modifications thereof and documents, when so executed and signed, shall be
binding upon the state to the same extent as if they had been signed by every
member of the state transportation commission."
Section 60. Section 67-3-55 NMSA 1978 (being Laws 1943,
Chapter 7, Section 2) is amended to read:
"67-3-55. FLIGHT STRIPS, AIRPORTS AND ACCESS
ROADS--BIDDING PROCEDURES--BOND.--The state transportation commission may
construct, reconstruct or maintain any flight strips, any airport or access
road by work done with its own forces.
In all other cases, it is the duty of the secretary to let the work on
contract, after taking bids therefor, subject to the approval of the state
transportation commission. The taking of
bids therefor shall be in accordance with such rules as may be adopted by the
commission. The secretary may reject any
or all bids if they are unbalanced or for any other good cause, but otherwise
he shall award the contract to the lowest responsible bidder. The successful bidder shall be required to
furnish satisfactory bond in such amount as may be determined by the state
transportation commission pledged to the faithful performance by the bidder of
the terms of his contract."
Section 61. Section 67-3-56 NMSA 1978 (being Laws 1943,
Chapter 7, Section 3, as amended) is amended to read:
"67-3-56. STATE TRANSPORTATION COMMISSION--POWER TO
ACQUIRE LAND FOR FLIGHT STRIP, AIRPORT OR ACCESS THERETO.--The state
transportation commission is hereby authorized and empowered to acquire by
purchase, condemnation, gift or easement any and all lands or property
necessary for the construction, maintenance and use of a flight strip for the
landing or launching of aircraft adjacent to or in the vicinity of a public
highway, for the construction, maintenance and use of an airport, or any access
road. The secretary is authorized to
issue his voucher for the payment to the owner of any or all lands required for
such purpose in the sum agreed upon with such owners or as may be determined by
appraisement and, when presented with such voucher by the secretary, it is the
duty of the secretary of finance and administration to issue a warrant in such
amount, and the state treasurer shall pay the same out of the state road
fund."
Section 62. Section 67-3-57 NMSA 1978 (being Laws 1947,
Chapter 118, Section 1) is amended to read:
"67-3-57. ANNUAL APPROPRIATION--PURPOSES.--There is
hereby appropriated for each of the thirty-fifth and thirty-sixth fiscal years
the sum of nineteen million dollars ($19,000,000) or so much thereof as is
necessary for the purpose of carrying out the provisions of the laws relating
to the issue, sale and payment of state highway debentures and the interest
thereon; for the construction, maintenance and improvement of public highways
under the direction of the state transportation commission; for the purchase of
equipment therefor; for cooperation with the United States in the construction
of roads under the federal aid road law and other laws; and for the payment of
salaries and other expenses incurred by the state transportation commission
pursuant to law.
The appropriations shall be
paid only out of the money in the state treasury to the credit of the state
road fund and that may be placed to the credit of said fund, special road funds
and funds from time to time set aside for the payment of the principal of and
interest on state highway debentures and money received by the state treasurer
from allotments of appropriations by congress for road construction or other
purposes, from sales of state highway debentures, from special road tax levies
and other money provided by law to be expended under the direction of the state
transportation commission."
Section 63. Section 67-3-58 NMSA 1978 (being Laws 1947, Chapter
118, Section 2) is amended to read:
"67-3-58. ALLOTMENT OF APPROPRIATION.--From the money
appropriated in Section 67-3-57 NMSA 1978, the state treasurer shall set aside
each month out of the funds prescribed by law for the payment thereof a
sufficient sum to pay the interest accrued each month on each series of state
highway debentures then outstanding and, during the twelve months next
preceding the maturity of each series of such debentures, he shall set aside
from said funds sufficient money to provide for the payment of the principal
thereof at maturity. The money so set
aside shall be disbursed by the state treasurer only for the payment of the
principal and interest of the series of the state highway debentures for which
the money is set aside. The remainder of
the money appropriated in Section 67-3-57 NMSA 1978 shall be disbursed upon the
order of the state transportation commission or its duly authorized agent in
the manner provided by law for disbursement of money in the state road
fund."
Section 64. Section 67-3-59.1 NMSA 1978 (being Laws 1989,
Chapter 157, Section 1, as amended) is amended to read:
"67-3-59.1. STATE HIGHWAY DEBENTURES--ISSUANCE--LIMITS‑‑APPROVAL--COUPONS.--
A. In order to provide funds to finance state
highway projects, including state highway projects that are required for the
waste isolation pilot project and are eligible for federal reimbursement or
payment as authorized by federal legislation, the state transportation
commission is authorized, subject to the limitations of this section, to issue
bonds from time to time, payable from federal funds not otherwise obligated
that are paid into the state road fund and the proceeds of the collection of
taxes and fees that are required by law to be paid into the state road fund and
not otherwise pledged solely to the payment of outstanding bonds and
debentures.
B. Except as provided in Subsections C and D of
this section, the total aggregate outstanding principal amount of bonds issued
from time to time pursuant to this section, secured by or payable from federal
funds not otherwise obligated that are paid into the state road fund and the
proceeds from the collection of taxes and fees required by law to be paid into
the state road fund, shall not, without additional authorization of the state
legislature, exceed one hundred fifty million dollars ($150,000,000) at any
given time, subject to the following provisions:
(1) the total aggregate outstanding principal
amount of bonds issued for state highway projects that are required for the
waste isolation pilot project and are eligible for federal reimbursement or
payment as authorized by federal legislation shall not exceed one hundred
million dollars ($100,000,000); and
(2) the total aggregate outstanding principal
amount of bonds issued for state highway projects other than state highway
projects that are required for the waste isolation pilot project and are
eligible for federal reimbursement or payment as authorized by federal
legislation shall not exceed fifty million dollars ($50,000,000).
C. Upon specific authorization and appropriation
by the legislature, and subject to the limitations of Subsection D of this
section, an additional amount of bonds may be issued pursuant to this section
for state highway projects, to be secured by or payable from taxes or fees
required by law to be paid into the state road fund and federal funds not
otherwise obligated that are paid into the state road fund, and, as applicable,
taxes or fees required by law to be paid into the highway infrastructure fund,
as follows:
(1) an aggregate outstanding principal amount of
bonds, not to exceed six hundred twenty-four million dollars ($624,000,000),
for major highway infrastructure projects for which the department has, prior
to January 1, 1998, submitted or initiated the process of submitting a plan to
the federal highway administration for innovative financing pursuant to 23 USCA
Sections 122 and 307;
(2) an aggregate outstanding principal amount of
bonds, not to exceed one hundred million dollars ($100,000,000), for state
highway projects that are required for the waste isolation pilot project and
are eligible for federal reimbursement; and
(3) an aggregate outstanding principal amount of
bonds, not to exceed four hundred million dollars ($400,000,000), for other
state highway projects.
D. The total amount of bonds that may be issued
by the state transportation commission for state highway projects pursuant to
Subsection C of this section shall not exceed a total aggregate outstanding
principal amount of:
(1) three hundred million dollars ($300,000,000)
prior to July 1, 1999;
(2) six hundred million dollars ($600,000,000)
from July 1, 1999 through June 30, 2000;
(3) nine hundred million dollars ($900,000,000)
from July 1, 2000 through June 30, 2001; and
(4) one billion one hundred twenty-four million
dollars ($1,124,000,000) after June 30, 2001.
E. The state transportation commission may issue
bonds to refund other bonds issued pursuant to this section by exchange or
current or advance refunding.
F. Each series of bonds shall have a maturity of
no more than twenty-five years from the date of issuance. The state transportation commission shall
determine all other terms, covenants and conditions of the bonds; provided that
the bonds shall not be issued pursuant to this section unless the state board
of finance approves the issuance of the bonds and the principal amount of and
interest rate or maximum net effective interest rate on the bonds.
G. The bonds shall be executed with the manual
or facsimile signature of the chairman of the state transportation commission,
countersigned by the state treasurer and attested to by the secretary of the
state transportation commission, with the seal of the state transportation commission
imprinted or otherwise affixed to the bonds.
H. Proceeds of the bonds may be used to pay
expenses incurred in the preparation, issuance and sale of the bonds and,
together with the earnings on the proceeds of the bonds, may be used to pay
rebate, penalty, interest and other obligations relating to the bonds and the
proceeds of the bonds under the Internal Revenue Code of 1986, as amended.
I. The bonds may be sold at a public or
negotiated sale at, above or below par or through the New Mexico finance
authority. A negotiated sale shall be
made with one or more investment bankers whose services are obtained through a
competitive proposal process. For any
sale, the state transportation commission or the New Mexico finance authority
shall also procure the services of any financial advisor or bond counsel
through a competitive proposal process.
If sold at public sale, a notice of the time and place of sale shall be
published in a newspaper of general circulation in the state, and in any other
newspaper determined in the resolution authorizing the issuance of the bonds,
once each week for two consecutive weeks prior to the date of sale. The bonds may be purchased by the state
treasurer or state investment officer.
J. This section is full authority for the
issuance and sale of the bonds, and the bonds shall not be invalid for any
irregularity or defect in the proceedings for their issuance and sale and shall
be incontestable in the hands of bona fide purchasers or holders of the bond
for value.
K. The bonds shall be legal investments for a
person or board charged with the investment of public funds and may be accepted
as security for a deposit of public money and, with the interest thereon, are
exempt from taxation by the state and a political subdivision or agency of the
state.
L. Any law authorizing the imposition or
distribution of taxes or fees paid into the state road fund or the highway
infrastructure fund or that affects those taxes and fees shall not be amended
or repealed or otherwise directly or indirectly modified so as to impair
outstanding bonds secured by a pledge of revenues from those taxes and fees
paid into the state road fund or the highway infrastructure fund, unless the
bonds have been discharged in full or provisions have been made for a full
discharge. In addition, while any bonds
issued by the state transportation commission pursuant to the provisions of
this section remain outstanding, the powers or duties of the commission shall
not be diminished or impaired in any manner that will affect adversely the
interests and rights of the holder of such bonds.
M. In contracting for state highway projects to
be paid in whole or in part with proceeds of bonds authorized by this section,
the department shall require that any sand, gravel, caliche or similar material
needed for the project shall, if practicable, be mined from state lands. Each contract shall provide that the
contractor notify the commissioner of public lands of the need for the material
and that, through lease or purchase, the material shall be mined from state
lands if:
(1) the material needed is available from state
lands in the vicinity of the project;
(2) the commissioner determines that the lease or
purchase is in the best interest of the state land trust beneficiaries; and
(3) the cost to the contractor for the material,
including the costs of transportation, is competitive with other available material
from non-state lands.
N. Bonds issued pursuant to this section shall
be paid solely from federal funds not otherwise obligated and taxes and fees
deposited into the state road fund and, as applicable, the highway
infrastructure fund, and shall not constitute a general obligation of the
state."
Section 65. Section 67-3-60 NMSA 1978 (being Laws 1963,
Chapter 114, Section 1, as amended) is amended to read:
"67-3-60. BYPASSES AND RELOCATION PROJECTS--EXPENDITURE
OF HIGHWAY FUNDS--PURPOSE.--The purpose of Sections 67-3-60 and 67-3-61 NMSA
1978 is to foster and insure the correlation of state highway construction
programs closely affecting smaller municipalities and unincorporated
communities with the future economic growth, livelihood, development, safety
and general welfare of the communities by limiting the use of public funds for
the construction of highway bypasses or relocation projects diverting traffic
and commerce from existing state highway routes through the communities in
accordance with the provisions of all existing agreements between a
municipality or county and the state transportation commission relating to
obtaining the consent of the municipality or county pursuant to the provisions
of Section 67-3-61 NMSA 1978."
Section 66. Section 67-3-61 NMSA 1978 (being Laws 1963,
Chapter 114, Section 2, as amended) is amended to read:
"67-3-61. LIMITATION OF EXPENDITURES OF HIGHWAY FUNDS
FOR CONSTRUCTION OF HIGHWAY BYPASSES.--No expenditure or contract for the
expenditure of state public funds for purposes of construction of highway
bypasses or highway relocation projects diverting public motor vehicle travel
from a previously existing highway route shall be made that violates the
provisions of an existing agreement between a municipality or county and the
state transportation commission relating to obtaining the consent of the
municipality or county pursuant to the provisions of this section. An existing agreement between a municipality
or county and the state transportation commission may be amended or revised by
mutual consent of the parties to the agreement.
Once authority is given by the governing authority and the state
transportation commission has affirmatively acted in reliance upon the
expressed approval, public funds may be expended and contracts executed despite
subsequent withdrawal of approval by the governing authority."
Section
67. Section 67-3-63 NMSA 1978 (being
Laws 1973, Chapter 21, Section 2) is amended to read:
"67-3-63. CONSTRUCTION AND MAINTENANCE OF FOOTPATHS,
BICYCLE LANES AND BRIDLE PATHS--EXPENDITURE OF FUNDS AUTHORIZED.--
A. The state transportation commission is
authorized to expend as necessary matching state road funds and federal aid
highway funds administered by the department for the construction and
maintenance of footpaths, bridle paths or bicycle lanes along and across state,
county and municipal roads, streets or highways.
B. In administering Sections 67-3-62 and 67-3-63
NMSA 1978, the state transportation commission shall promulgate regulations
setting forth guidelines by which the state transportation commission shall
determine whether the establishment of any proposed bicycle lanes, footpaths or
bridle paths is contrary to public safety or the cost thereof is
disproportionate to the need or probable usage within the meaning of Section
67-3-62 NMSA 1978. The commission shall
recommend construction standards for footpaths, bicycle lanes and bridle paths
and shall provide a uniform system of signs that shall apply to all such paths
or lanes under the jurisdiction of the commission and all counties and
municipalities. The commission may
restrict the use of footpaths, bicycle lanes or bridle paths under its
jurisdiction to pedestrian, equestrian or nonmotorized vehicle use.
C. As used in this section, "bicycle
lane" means a publicly owned and maintained paved path, way or trail
designated and signed as a bicycle route, and "bridle path" includes
equestrian trails or ways.
D. In the event that any of the provisions of
this section or of Section 67-3-62 NMSA 1978 conflict with provisions of
federal law or regulations relating to highway construction funds and such
conflict jeopardizes the receipt of funds by the state, then the conflicting
provisions of the specified sections of state law shall be suspended and not
effective."
Section
68. Section 67-3-70 NMSA 1978 (being
Laws 1975, Chapter 343, Section 4, as amended) is amended to read:
"67-3-70. USE OF APPROPRIATED FUNDS.--The department
may expend such portion of its appropriated funds as it deems necessary to
effectuate the purposes of the Public Mass Transportation Act."
Section
69. Section 67-3-72 NMSA 1978 (being
Laws 1997, Chapter 52, Section 2) is amended to read:
"67-3-72. TRANSPORTATION BONDS.--
A. The state transportation commission may
determine that interest or necessity demands the issuance of revenue bonds to
finance the development and construction of transportation systems and may by
resolution make and issue revenue bonds that shall be known as "transportation
bonds". The bonds shall be payable
solely out of the net income to be derived from the operation of the project,
and the commission shall pledge irrevocably such income to the payment of those
bonds. The bonds shall not become a
general obligation of the state or a political subdivision of the state.
B. The proceeds from the sale of transportation
bonds shall be used solely for the purpose for which the bonds were issued.
C. Transportation bonds shall not be issued
pursuant to this section unless the state board of finance approves the
issuance of the bonds, the principal amount of the bonds and the maximum net
effective interest rate on the bonds."
Section
70. Section 67-3-73 NMSA 1978 (being
Laws 1997, Chapter 52, Section 3) is amended to read:
"67-3-73. TRANSPORTATION BONDS--TERMS.--Transportation
bonds issued by the state transportation commission:
A. shall be payable at such times as the
commission may provide;
B. may be subject to prior redemption at the
commission's option at such time and upon such terms and conditions, with or
without payment of premiums, as may be provided in the resolution of the
commission;
C. may mature at any time not exceeding fifty
years after the date of issuance;
D. may be serial in form and maturity and may
consist of one bond payable at one time or in installments or may be in such
other form as may be determined by the commission;
E. shall be sold for cash at, above or below par
and at the effective interest rate approved by the state board of finance; and
F. may be sold at a public or private
sale."
Section
71. Section 67-3-74 NMSA 1978 (being
Laws 1997, Chapter 52, Section 4) is amended to read:
"67-3-74. REFUNDING BONDS.--
A. Transportation bonds issued pursuant to the
provisions of Section 67-3-72 NMSA 1978 that are outstanding may be refunded at
any time by the state transportation commission upon:
(1) the adoption of a resolution providing for
the issuance of refunding bonds; and
(2) the issuance of the refunding bonds in an
amount the commission determines is necessary to refund:
(a) the principal of the transportation bonds;
(b) all unpaid accrued and unaccrued interest on
transportation bonds to the normal maturity date or to selected prior
redemption dates of the bonds;
(c) any redemption premiums; and
(d) all estimated costs, including any commission
cost, incidental to the issuance of the refunding bonds, as may be determined by
the commission.
B. The principal amount of the refunding bonds
may be equal to, less than or greater than the principal amount of the bonds so
refunded.
C. A refunding may be effected, whether the
bonds to be refunded have then matured or thereafter mature, either by sale of
the refunding bonds and the application of the proceeds thereof for the payment
of the bonds to be refunded or by exchange of the refunding bonds for the bonds
to be refunded; provided that the bonds to be refunded shall not be canceled
without the consent of the holders to surrender their bonds for payment or
exchange prior to the date on which they are payable or if they are called for
redemption prior to the date on which they are by their terms subject to
redemption.
D. The refunding bonds issued pursuant to this
section shall be payable solely from the revenues out of which transportation
bonds may be payable or solely from those amounts derived from an escrow as
provided in this section, including amounts derived from the investment of
refunding bond proceeds and other legally available amounts also provided in
this section or from any combination of those sources.
E. Proceeds of refunding bonds shall either be
applied immediately to the retirement of the bonds being refunded or be placed
in escrow in a commercial bank or trust company that possesses and exercises
trust powers. The escrowed proceeds may
be invested in short-term securities, long-term securities or both."
Section
72. Section 67-3-75 NMSA 1978 (being
Laws 1997, Chapter 52, Section 5) is amended to read:
"67-3-75. TRANSPORTATION BONDS ELIGIBLE FOR INVESTMENT.‑‑Transportation
bonds issued by the state transportation commission are securities in which
public officers and public bodies of this state and its political subdivisions
and insurance companies, trust companies, banking associations, investment
companies, executors, administrators, trustees and other fiduciaries may
properly and legally invest funds, including capital in their control or
belonging to them. The bonds are
securities that may properly and legally be deposited with and be received by a
state or political subdivision officer for which the deposit of bonds or
obligations of the state is authorized by law.
Bonds shall not be eligible for investment or deposit by or with the
state or its political subdivisions unless they have been rated AA or higher by
an independent nationally recognized bond rating service based solely on the
security of the bonds as an investment without resort to a collateral
guarantee."
Section
73. Section 67-3-76 NMSA 1978 (being
Laws 1997, Chapter 52, Section 6) is amended to read:
"67-3-76. TRANSPORTATION BONDS--EXEMPTION FROM
TAXATION.--The construction, operation and maintenance of a transportation
project by the state transportation commission shall constitute the performance
of an essential governmental function.
As such, the income from the transportation bonds issued pursuant to
Chapter 67, Article 3 NMSA 1978 shall at all times be free from taxation by the
state and by its political subdivisions."
Section
74. Section 67-4-4 NMSA 1978 (being Laws
1921, Chapter 135, Section 2, as amended) is amended to read:
"67-4-4. COUNTY ROAD CONTRACTS WITH STATE
TRANSPORTATION COMMISSION.--The board of county commissioners of any county in
this state may enter into a contract with the state transportation commission
by which all or any part of the work of construction and maintenance of county
roads and bridges and the purchasing of equipment, materials and supplies shall
be under the direction and control of the state transportation commission and
subject to the limitations of Sections 67-4-3 through 67-4-16 NMSA 1978, and
such board of county commissioners shall draw warrants payable out of the
county road and bridge fund to pay for the same, upon itemized vouchers or
estimates certified by the secretary.
In
the event a county has inadequate equipment and machinery to grade and maintain
county roads, upon request by the board of county commissioners and at such
times as state equipment and machinery are available in the vicinity and not in
use for state purposes, the state transportation commission is authorized to
furnish the required equipment and machinery with the operators and personnel
required to perform such work in consideration of the actual cost of the
gasoline, oil and wages of such operators and personnel involved in the work
performed."
Section
75. Section 67-4-7 NMSA 1978 (being Laws
1921, Chapter 135, Section 5) is amended to read:
"67-4-7. DISBURSEMENTS FROM ROAD FUND--STATE
TRANSPORTATION COMMISSION PLAN.--In those counties where the state
transportation commission plan is adopted, the county road and bridge funds
shall only be paid out upon itemized bills or estimates rendered and approved
by the secretary or his assistant showing in detail the time, place and
character of work done or the supplies or materials purchased and received for
county road and bridge purposes by warrants drawn by the board of county
commissioners on the county road and bridge fund."
Section
76. Section 67-4-10 NMSA 1978 (being
Laws 1921, Chapter 135, Section 9) is amended to read:
"67-4-10. BUDGET CONTENTS--LIMITATIONS.--The budget
provided for in Section 67-4-9 NMSA 1978 shall provide for engineering,
supervision, superintending, automobile travel expenses and other overhead
expenses and for the compensation of county road superintendents in counties
where the county road superintendent plan is adopted, for such overhead and
other expenses of the state transportation commission in counties where the
state transportation commission contract plan is adopted and for the
compensation of road supervisors where the road supervisor plan is
adopted. The total expenditures for all
the foregoing purposes in any one fiscal year shall not exceed ten percent of
the total county road and bridge budget up to and including fifty thousand
dollars ($50,000) and five percent of the budget in excess of fifty thousand
dollars ($50,000) and up to and including seventy-five thousand dollars
($75,000) and two and one-half percent of the budget in excess of seventy-five
thousand dollars ($75,000)."
Section
77. Section 67-4-12 NMSA 1978 (being
Laws 1921, Chapter 135, Section 11, as amended) is amended to read:
"67-4-12. RIGHTS OF WAY--ROAD LOCATION CHANGES.--
A. Rights of way deemed necessary by the board
of county commissioners for new roads or changes in location in roads shall be
acquired by the board of county commissioners by donation by the owner, by
payment of a price agreed upon by the owner and the board of county
commissioners or by the exercise of the power of eminent domain in the manner
provided by law for acquiring property for public use. No change of location of any portion of a
state highway or road construction with federal or state aid shall be made
without the approval of the state transportation commission.
B. Future rights of way may be designated
without immediate acquisition if:
(1) the changes in the county highway map due to
designation of a future right of way are posted at the county courthouse of the
respective county;
(2) persons who may be adversely affected are
notified of the future right of way designation and the estimated period of
time that may elapse before acquisition;
(3) a hearing is provided for all interested
persons; and
(4) the county highway map, as amended, is filed
with the state transportation commission."
Section
78. 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 transportation commission shall be maintained at the
expense of the state, provided, that whenever there are not sufficient funds
available in the state road fund for maintenance of all state highway mileage
in any county, the state transportation commission shall certify to the board
of county commissioners of the county the sections of highways that it is
unable to maintain at state expense, and these sections shall thereafter be
maintained at the expense of the county until such time as there are state
funds available to maintain them."
Section
79. Section 67-8-13 NMSA 1978 (being
Laws 1939, Chapter 30, Section 2) is amended to read:
"67-8-13. WIRING ADJOINING HIGHWAY STRUCTURES--PERMIT
REQUIRED--APPLICATION.--It is unlawful for any person, company or corporation
to place or cause to be placed any conduit, wires or cables across, upon,
attached to or upon the highway right of way parallel to and within twenty-five
feet of any state highway bridge or structure except pursuant to a permit
obtained from the state transportation commission and upon compliance with
reasonable conditions and requirements specified in such permit. The state transportation commission is
authorized and empowered to prepare application and permit forms for such
purposes."
Section
80. Section 67-8-16 NMSA 1978 (being
Laws 1959, Chapter 310, Section 2) is amended to read:
"67-8-16. DEFINITIONS.--As used in Sections 67-8-15
through 67-8-21 NMSA 1978:
A. "utility" means publicly, privately
and cooperatively owned utilities, without distinction, for the rendition of
water, electric power, sanitary sewer, storm sewer, steam, fuel gas, telephone
or telegraph service through a system of pipes or wires devoted to public
utility service;
B. "cost of relocation" means the
entire amount paid properly attributable to such relocation after deducting
therefrom any increase in the value of the new facility and any salvage value
derived from the old facility;
C. "commission" means the state
transportation commission;
D. "public highway" means any state
highway or other public way in this state, including extensions thereof within
urban areas, constructed in whole or in part with state aid and shall include
any incorporated or related physical facilities for the handling of traffic and
the right of way;
E. "relocation" means any horizontal
or vertical movement of utility facilities intact and any protective measures
taken or, where found by the commission to be necessary, the construction of
new or additional facilities, with or without contemporaneous removal and
salvage of old facilities, in this state including in any case adjustment or
protection of connecting off-highway utility lines to the extent necessary; F. " federal-aid highways" means all
roads constructed in whole or in part with federal aid and includes the
"interstate system", the "primary system" and the
"secondary system" in this state as designated by the commission; and
G. "urban area" means an area in this
state including and adjacent to a municipality or other urban place having a
population of five thousand or more, as determined by the latest available
federal census, within reasonable boundaries fixed by the commission."
Section
81. Section 67-9-6 NMSA 1978 (being Laws
1913, Chapter 25, Section 1, as amended) is amended to read:
"67-9-6. SURVEY FOR WESTERN EXTENSION OF CAMINO
REAL.-- The state transportation commission is hereby authorized to cause a
survey to be made for the purpose of determining the most feasible route for
the establishment and location of a western extension of El Camino Real from a
point at or near the town of Los Lunas in the county of Valencia, running
thence in a northwesterly direction to the Indian town of Laguna; thence
passing through or near the towns of Cubero, Grants, or San Rafael and Blue
Water, in the county of Valencia and Fort Wingate and Gallup in the county of
McKinley to a point on the boundary line between New Mexico and Arizona near
the town of St. Michaels.
The
commission is further authorized and directed to select, locate and lay out the
western extension."
Section
82. Section 67-11-2 NMSA 1978 (being
Laws 1957, Chapter 234, Section 2) is amended to read:
"67-11-2. AUTHORITY OF STATE TRANSPORTATION COMMISSION.‑-The
state transportation commission is authorized and directed to do those things
essential to plan, acquire by reasonable purchase or condemnation and construct
a section or a part of a state or federally designated highway as a freeway or
controlled access highway or to make any existing state or federally designated
highway a freeway or a controlled-access highway."
Section
83. Section 67-11-3 NMSA 1978 (being
Laws 1957, Chapter 234, Section 3) is amended to read:
"67-11-3. AGREEMENT TO REROUTE STREETS OR COUNTY
HIGHWAYS.--The state transportation commission is authorized and directed to
enter into an agreement with the authority exercising jurisdiction over the
street or highway and, in accordance with the terms of this agreement, when
essential, to close any street or highway or to reroute such street or highway
over and under or to reroute to a connection with the freeway or
controlled-access highway."
Section
84. Section 67-11-5 NMSA 1978 (being
Laws 1957, Chapter 234, Section 5) is amended to read:
"67-11-5. ACQUISITION OF PROPERTY AND PROPERTY
RIGHTS.--For the purposes of Chapter 67, Article 11 NMSA 1978, the state
transportation commission alone or in agreement with any county, city, town or
village may acquire private or public property and property rights for
controlled-access facilities and service roads, including rights of access,
air, view and light, by purchase or condemnation in the same manner as such
units are authorized by law to acquire such property or property rights in
connection with highways and streets within their respective jurisdictions. All property rights acquired under the
provisions of Chapter 67, Article 11 NMSA 1978 shall be in fee simple except,
in circumstances where fee simple cannot be obtained, an appropriate easement
in perpetuity shall be acceptable. In
connection with the acquisition of property or property rights for any
controlled-access facility or portion thereof or service road in connection
therewith, the state transportation commission, alone or in agreement with any
county, city, town or village highway authority may, in its discretion, acquire
an entire lot, block or tract of land if, by so doing, the interests of the
public will be best served even though the entire lot, block or tract is not
immediately needed for the right of way proper."
Section
85. Section 67-11-9 NMSA 1978 (being
Laws 1957, Chapter 234, Section 9) is amended to read:
"67-11-9. LOCAL SERVICE ROADS.--Commercial enterprises
or activities shall not be conducted, permitted or authorized on publicly owned
land or land leased by the state, county, city, town or village highway
authorities or by any other governmental agency for the purpose of providing
goods and services to the users of the controlled-access facilities, and
gasoline service stations or other commercial establishments shall not be built
on the property acquired for or in connection with the controlled-access
facilities. However, in connection with the
development of any controlled-access facility, the state, county, city, town or
village highway authorities are authorized to plan, designate, establish, use,
regulate, alter, improve, maintain and vacate local service roads and streets
or to designate as local service roads and street any existing road or street
in such manner as to facilitate the establishment and operation of competitive
gasoline service stations and other commercial enterprises on private property
abutting the service roads and streets.
The state transportation commission is authorized to exercise
jurisdiction over service roads and streets in the same manner as is authorized
over controlled-access facilities under the terms of Chapter 67, Article 11
NMSA 1978. Such local service roads and
streets shall be of appropriate design and shall be separated from the
controlled-access facility proper by means of all devices designated as
necessary or desirable by the proper authority."
Section
86. Section 67-12-2 NMSA 1978 (being
Laws 1966, Chapter 65, Section 2, as amended) is amended to read:
"67-12-2. DEFINITIONS.--As used in the Highway
Beautification Act:
A. "interstate system" means that
portion of the national system of interstate and defense highways located
within this state as may now or hereafter be officially so designated by the
commission and approved pursuant to Title 23, United States Code;
B. "primary system" means that portion
of connected main highways located within this state as may now or hereafter be
officially so designated by the commission and approved pursuant to Title 23,
United States Code;
C. "commission" means the state
transportation commission;
D. "outdoor advertising" means any
outdoor sign, display, light, device, figure, painting, drawing, message,
plaque, poster, billboard or other object that is designed, intended or used to
advertise or inform, any part of which is located within six hundred sixty feet
of the nearest edge of the right of way and is visible from the main-traveled
way of the interstate or primary systems or those located beyond six hundred
sixty feet of the right of way, located outside of urban areas, visible from
the main-traveled way of the system and erected with the purpose of their message
being read from such main-traveled way;
E. "safety rest area" means a site
established and maintained by or under public supervision or control for the
convenience of the traveling public within or adjacent to the right of way of
the interstate or primary systems;
F. "information center" means a site
established and maintained at a safety rest area for the purpose of informing
the public of places of interest within the state and providing other
information the commission considers desirable;
G. "junk" means old or scrap copper,
brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked,
dismantled or wrecked automobiles or parts thereof, iron, steel and other old
or scrap ferrous or nonferrous material;
H. "automobile graveyard" means any
establishment or place of business maintained, used or operated for storing,
keeping, buying or selling wrecked, scrapped, ruined or dismantled motor
vehicles or motor vehicle parts;
I. "junkyard" means any establishment
or place of business maintained, used or operated for storing, keeping, buying
or selling junk or for the maintenance or operation of an automobile graveyard,
any portion of which is located within one thousand feet of the nearest edge of
the right of way of the interstate or primary systems, and it includes garbage
dumps and sanitary fills; and
J. "urban area" means an area
including and adjacent to a municipality or other urban place having a
population of five thousand or more, as determined by the latest available
federal census, within boundaries to be fixed by the commission, subject to any necessary approval
by any federal agency, department or personnel."
Section
87. Section 67-12-4 NMSA 1978 (being
Laws 1966, Chapter 65, Section 4, as amended by Laws 1975, Chapter 174, Section
1 and also by Laws 1975, Chapter 193, Section 2) is amended to read:
"67-12-4. OUTDOOR ADVERTISING PROHIBITED--EXCEPTIONS.--
A. Outdoor advertising shall not be erected or
maintained except:
(1) directional and other official signs and
notices authorized or required by law, including, but not limited to, signs and
notices pertaining to houses of worship, natural wonders and scenic and
historic attractions;
(2) signs, displays and devices advertising the
sale or lease of property upon which they are located;
(3) signs, displays and devices advertising
activities conducted on the property upon which they are located, provided that
the bisection of a parcel of land by a highway right-of-way acquisition shall
not in itself be construed as converting the property into more than one
parcel;
(4) signs, displays and devices located in areas
which are zoned as industrial or commercial under authority of law;
(5) signs, displays and devices located within
six hundred sixty feet of the nearest edge of the right of way, in unzoned
industrial or commercial areas as defined by regulations promulgated by the
commission, provided that no area shall be considered to be an unzoned
commercial or industrial area unless and until a regulation defining the area
as unzoned commercial or industrial is promulgated by the commission; and
(6) signs lawfully in existence on October 22,
1965, determined by the commission, subject to any necessary federal approval,
to be landmark signs of historic or artistic significance worthy of
preservation including signs on farm structures or natural surfaces.
B. All outdoor advertising shall conform with
standards and specifications, shall bear permits and have paid therefor permit
fees, as required by the Highway Beautification Act and regulations promulgated
pursuant thereto or authorized thereby, except that permits shall not be
required or fees paid for outdoor advertising included in Paragraphs (1), (2)
and (3) of Subsection A of this section.
C. Notwithstanding this section, any outdoor
advertising that was lawfully in existence on the effective date of the Highway
Beautification Act and has continued to so exist may remain in place until the
outdoor advertising is acquired by the commission or condemnation in relation
thereto is commenced by the commission, whichever first occurs, but only if and
so long as all provisions of Subsection B of this section are complied
with."
Section
88. Section 67-13-16 NMSA 1978 (being
Laws 1973, Chapter 17, Section 16) is amended to read:
"67-13-16. APPLICATION OF ACT.--Nothing in the Scenic
Highway Zoning Act shall be construed to derogate from any powers of the state
transportation commission under the Highway Beautification Act or the powers of
the commission relating to the construction, repair or maintenance of highways
or to require any act or omission on the part of the commission that is
inconsistent with federal or state laws, regulations or policies. Nothing in the Scenic Highway Zoning Act
shall be construed so as to affect or limit in any way any nonconforming use in
existence on the effective date of the Scenic Highway Zoning Act or any
ordinance adopted pursuant thereto."
Section
89. Section 67-14-3 NMSA 1978 (being
Laws 1977, Chapter 66, Section 3) is amended to read:
"67-14-3. EXEMPTION PROCEDURES.--The state
transportation commission, upon receipt of a declaration, petition, resolution,
certified copy of an ordinance or other clear direction from a board of county
commissioners or governing body of a municipality, provided that such
resolution is not in conflict with an existing statute or ordinance, that
removal of motorist services directional signs would cause an economic hardship
in a defined area, shall forward such declaration, resolution or finding to the
secretary for inclusion as a defined hardship area qualifying for exemption
pursuant to 23 U.S.C. 131(o). Any such
declaration or resolution submitted to the state transportation commission
shall further find that such motorist services directional signs provide
directional information about goods and services in the interest of the
traveling public and shall request the retention in such specified areas by the
state of such directional motorist services signs as defined in Sections
67-14-1 through 67-14-3 NMSA 1978. The
state transportation commission shall thereupon comply with all regulations
issued by the federal highway administration necessary for application for the
exemption provided in 23 U.S.C. 131(o), provided such motorist services
directional signs were lawfully erected under state law at the time of their
erection and were in existence on May 5, 1976.
Any costs incurred by the state transportation commission in complying
with the requirements of this section may be passed on to the appropriate
petitioners or the owners of the signs seeking exemption."
Section
90. Section 70-3-9 NMSA 1978 (being Laws
1921, Chapter 22, Section 3) is amended to read:
"70-3-9. PIPELINE HIGHWAY USE FORMS.--The state
transportation commission shall cause to be prepared the necessary blank forms
for carrying out the provisions of Sections 70-3-7 through 70-3-9 NMSA
1978."
Section
91. Section 72-5-34 NMSA 1978 (being
Laws 1959, Chapter 191, Section 1) is amended to read:
"72-5-34. STATE TRANSPORTATION COMMISSION--CHANGE OF
WATER USE--APPLICATION, NOTICE AND HEARING.--Whenever the state transportation
commission makes application to the state engineer for a change of location of
use, a change of method of use, change of point of diversion, advance
withdrawals or withdrawals of accrued unused waters of any water right, whether
such water right be for surface, subsurface, artesian or underground waters and
whether or not either the location of the changed use or the location of the
point of diversion or both be within or without the boundaries of any declared
underground water basin or irrigation or conservancy district, and whatever the
manner of acquisition of such water right, and such water right is to be used
for the construction, reconstruction, maintenance or repair of public roads,
streets, highways and airports, the state engineer may authorize such change of
location of use, change of method of use, change of point of diversion, advance
withdrawals or withdrawals of accrued unused water after publication and
hearing as provided in Section 72-12-3 NMSA 1978, when in the opinion of the
state engineer such change of location of use, method of use, point of
diversion, advance withdrawals or withdrawals of accrued unused water will not
be detrimental to the other holders of valid water rights."
Section
92. Section 72-5-35 NMSA 1978 (being
Laws 1959, Chapter 191, Section 2) is amended to read:
"72-5-35. STATE TRANSPORTATION COMMISSION--ADVANCE
WATER WITHDRAWAL.--The state engineer may authorize the state transportation
commission, holding any artesian or underground water right for the
construction, reconstruction, maintenance or repair of public roads, streets,
highways and airports, to make withdrawals of water in advance of the accrual
of such water in such amounts as the state engineer may determine will not be
detrimental to the other holders of valid water rights, but in no case shall
such advance withdrawals exceed an amount equal to five times the annual amount
of the water right actually held by the withdrawing holder."
Section
93. Section 72-5-36 NMSA 1978 (being
Laws 1959, Chapter 191, Section 3) is amended to read:
"72-5-36. STATE TRANSPORTATION COMMISSION--UNUSED WATER
ACCRUAL--WITHDRAWAL RATE--ACCOUNTING.--The state engineer may permit the state
transportation commission, when it is engaged in the construction,
reconstruction, maintenance or repair of public roads, streets, highways and
airports, to accrue unused water under one or more artesian or underground
water rights for such length of time not to exceed five years as he may deem
reasonable and permit the state transportation commission to withdraw such
accrued water within such period of time as it may be required, but not at a
rate that will be detrimental to the holders of other valid water rights. The state engineer shall require the state
transportation commission holding any water right and desirous of proceeding
under the authorization of Sections 72-5-34 through 72-5-38 NMSA 1978 to file
periodic accountings of accruals and withdrawals by basins or districts in such
form, on such dates and at such intervals as the state engineer shall
designate."
Section
94. Section 72-5-37 NMSA 1978 (being
Laws 1959, Chapter 191, Section 4) is amended to read:
"72-5-37. STATE TRANSPORTATION COMMISSION--TRANSFER OF
WATER RIGHTS TO UNUSED WATER--REVERSION.--If the state transportation
commission, holding any water rights to be used for the construction,
reconstruction, maintenance or repair of public roads, streets, highways and
airports, transfers ownership of all of its water rights in one basin under
which there has been an accrual of unused water, any accrued unused water shall
lapse and revert to unappropriated water and the right to such water shall not
pass on such transfer. If a partial
water right or one of several water rights within a declared underground basin
or irrigation or conservancy district is transferred, the accrued unused water,
if any, shall not pass to the transferee but may be moved in accordance with
the provisions of Section 72-5-34 NMSA 1978 to the point of diversion of a
water right retained by the state transportation commission within the same
basin but not to exceed five times the annual amount of the water right
retained."
Section
95. Section 74-4A-1 NMSA 1978 (being
Laws 1979, Chapter 377, Section 1, as amended) is amended to read:
"74-4A-1. RADIOACTIVE MATERIAL TRANSPORT--CONDITIONS.--
A. The environmental improvement board shall
have exclusive authority to promulgate regulations prescribing the conditions
for transport of radioactive material on the highways. Such conditions shall include the conditions
of transport that the environmental improvement board finds necessary to
protect the health, safety and welfare of the citizens of the state. Except as specifically preempted by federal
law, the state transportation commission shall have the exclusive authority
within New Mexico to designate highway routes for the transport of radioactive
material. Any rule or regulation adopted
by the environmental improvement board that designates highway routes for the
transport of radioactive material and that was in effect prior to March 1, 1991
is deemed null and void. The state
transportation commission shall incorporate into the record and consider in the
initial designation of routes for the transport of radioactive material the
evidentiary record from the environmental improvement board public hearings
held for the purpose of receiving public comment regarding the designation of
routes for the transport of radioactive material.
B. For the purposes of this section,
"radioactive material" means a material or combination of materials
that spontaneously emits ionizing radiation.
Materials in which the estimated specific activity is not greater than
0.002 microcuries per gram of material, and in which the radioactivity is
essentially uniformly distributed, are not considered to be radioactive
materials. "Radioactive
material" includes but is not limited to:
(1) materials associated with the operation and
decommissioning of nuclear reactors and the supporting fuel cycle;
(2) industrial radioisotope sources;
(3) radioactive materials used in nuclear
medicine;
(4) radioactive materials used for research,
education or training; and
(5) radioactive wastes;
but
does not include radioactive material the regulation of which has been
specifically preempted by federal law.
C. The department of environment shall have the
authority to impose fines not to exceed one thousand dollars ($1,000) as set by
regulation of the environmental improvement board for a violation of the
board's regulations pertaining to the transport of radioactive materials.
D. Nothing in this section shall be construed to
alter the obligation of the state under the April 3, 1974 agreement between the
state and the atomic energy commission for the discontinuance of certain
commission regulatory authority and responsibility."
Section
96. Section 76-7-15 NMSA 1978 (being
Laws 1959, Chapter 243, Section 15) is amended to read:
"76-7-15. NOTICE TO LAND OCCUPIERS OF CONTROL
MEASURES--INSPECTION OF PROPERTY--FAILURE TO COMPLY WITH ORDER.--
A. The chairman of the board of county
commissioners governing the noxious weed control district shall give written
notice to each land occupier within the district informing him of the control
measures that are in effect on his land and all other necessary information to
enable the land occupier to carry out the measures.
B. It is the duty of each land occupier to
comply with the control measures prescribed by the governing body and the
responsibility of the appropriate county officials to comply with the control measures
determined by the governing body in order to effectuate noxious weed control
measures on rights of way of all public roads and other public lands within the
district.
C. The governing body of the district, if it
deems advisable, may appoint an inspector to serve as an officer of the
governing body. The inspector shall have
the right to enter upon any land within the district to determine whether
control measures are necessary and to determine whether control measures
prescribed by the governing body are being carried out.
D. If it is found that a land owner or occupier
is not complying with the governing body's directions, the governing body shall
give him written notice ordering him to comply within a stated time. If he fails to comply with the order, the
governing body may file a suit for a mandatory injunction in the district court
of the county in which the land is situated to compel him to comply with the
order. Any land owner or occupier
against whom an injunction is issued shall, upon a finding of the court that
the land owner or occupier unreasonably refused to comply with the governing
body's order and that the control measures are appropriate, be liable for all
costs of the suit and for a reasonable attorney fee to be fixed by the court. The court shall upon a proper determination
issue an injunction ordering compliance with the governing body's directions.
E. Any adjoining land owner to a county or state
road situated within the noxious weed control district may petition the
governing body of the district to spray or take weed control measures of
noxious weed growing upon adjoining rights of way. Upon determination by the governing body that
the control measures requested are necessary, the governing body shall order
appropriate action to be taken to control noxious weeds. If the lands or rights of way are under the control
of the department of transportation, the governing body shall first make formal
application to the state transportation commission requesting the department of
transportation to perform the necessary control measures. If the department of transportation fails or
refuses to take appropriate action, the governing body of the district shall
perform the necessary work with district facilities. In the event sufficient funds are not
available to finance the control measures by the district, upon the rights of
way, the adjoining land owner or occupier shall be authorized by the governing
body to take appropriate action, and he shall be reimbursed from funds of the
district as soon as sufficient funds become available. The governing body shall petition the
department of transportation for reimbursement of necessary and actual expenses
of the noxious weed control measures taken upon the state highway rights of way
or lands."
Section
97. TEMPORARY PROVISION--REFERENCES IN
LAW.--All reference in law to the state highway commission shall be deemed to
be references to the state transportation commission. All references in law to the state highway
and transportation department shall be deemed to references to the department
of transportation. All references in law
to the secretary of highway and transportation shall be deemed to be references
to the secretary of transportation.
Section
98. EFFECTIVE DATE.--The effective date
of the provisions of this act is July 1, 2003.
HB 881
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