45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO STATE HIGHWAYS; CHANGING THE PROCESS WHEREBY STATE HIGHWAYS ARE DECERTIFIED; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 67-3-26 NMSA 1978 (being Laws 1917, Chapter 38, Section 7, as amended) is amended to read:
"67-3-26. DUTIES OF STATE HIGHWAY ENGINEER--DISBURSEMENT
OF STATE ROAD FUND.--The state highway engineer shall have
charge of all records of the state highway commission; shall
keep a record of all proceedings and orders pertaining to the
business of his office and of the state highway commission;
and shall keep on file copies of all plans, specifications and
estimates prepared by his office. He shall cause to be made
and kept in [this] his office a general highway plan of the
state [and]. He shall prepare or cause to be prepared or call
upon the county surveyor or the county highway superintendent
to furnish a map showing all of the main highways of the
several counties of the state and shall, under the direction
of the state highway commission, select and designate the
highways that should comprise a system of state roads, which
shall, as nearly as practicable, be such as will best serve
the traffic needs and develop the resources of the state.
Upon its adoption by the state highway commission, the system
of state roads so designated shall be improved as soon
thereafter as practicable under the provisions of [this act]
Chapter 67 NMSA 1978 and such other provisions as the
legislature may enact therefor. The system of state roads so
designated may be changed or added to from time to time by the
state highway engineer subject to the approval of the state
highway commission; provided that the board of county
commissioners of an affected county agrees to a change that
results in decertification of a designed state highway in that
county. The state highway engineer shall collect information
with reference to the mileage, character and condition of the
highways and bridges in the several counties of the state and
shall investigate and determine the methods of road
construction and maintenance best adapted to the various
sections of the state, having due regard to topography,
natural conditions, the availability of road building
materials, the prevailing traffic conditions and the ability
of the counties to meet the cost of building and maintaining
roads and bridges therein. He may, at all reasonable times,
be consulted by county and other officials having authority
over highways and bridges relative to any question affecting
such highways and bridges, and he may in like manner call on
county road officials and county surveyors for any information
or maps relative to the location, character and condition of
the highways and bridges within their jurisdiction or control
[and]. Any such official who [shall fail] fails to supply
such information when so called upon [shall be] is guilty of a
misdemeanor and upon conviction thereof shall be subject to a
fine of not less than ten dollars ($10.00) nor more than one
hundred dollars ($100). He shall determine the character of
and have supervision over the construction, repair and
maintenance of all state roads and bridges improved under the
provisions of [this act] Chapter 67 NMSA 1978 and shall
prepare or approve all plans and specifications and estimates
therefor. He shall report the proceedings of his office
annually to the state highway commission at such time as it
may designate. All [moneys] money in the state road fund
shall be expended only upon itemized vouchers approved by the
state highway engineer, filed with the department of finance
and administration, and warrants drawn by the secretary of
finance and administration upon the state treasurer."
Section 2. Section 67-4-13 NMSA 1978 (being Laws 1921, Chapter 135, Section 12) is amended to read:
"67-4-13. ROAD MAINTENANCE--INSUFFICIENCY OF STATE
FUNDS.--All county roads and bridges shall be maintained at
the expense of the respective counties. All roads, and
bridges upon roads, that have been declared to be a state
highway by acts of the legislature or resolution of the state
highway commission shall be maintained at the expense of the
state, provided, that whenever there [shall] are not [be]
sufficient funds available in the state road fund for
maintenance of all state highway mileage in any county, the
state highway commission shall certify to the board of county
commissioners of [such] the county the [section or] sections
of [such] highways [which] that it is unable to maintain at
state expense, and [the same] if the board of county
commissioners agrees, these sections shall thereafter be
maintained at the expense of [said] the county until such time
as there [may be] are state funds available to maintain [same]
them."
Section 3. REPEAL.--Section 67-3-40 NMSA 1978 (being Laws 1919, Chapter 99, Section 13) is repealed.
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.