46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE STATE ROAD FUND; CLARIFYING AUTHORITY OF LEGISLATIVE AND EXECUTIVE BRANCHES; DECLARING AN EMERGENCY.

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

Section 1. Section 67-3-14 NMSA 1978 (being Laws 1912, Chapter 54, Section 2, as amended) is amended to read:

"67-3-14. STATE HIGHWAY COMMISSION--POWERS AND DUTIES--ROAD FUNDS.--

A. Subject to the legislature's exclusive authority to appropriate from the state road fund and to designate the purpose of the appropriation, the state highway commission has charge of all policy matters pertaining to the expenditure of [the state road] that fund in the construction, improvement and maintenance of state highways and bridges in the state.

B. The state highway 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 [which] that are not designated state highways or bridges.

C. The secretary of highway and transportation 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 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.