Section 67-3-28.3 - Secretary of highway and transportation; counties; public roads maintained by counties; duties.

NM Stat § 67-3-28.3 (2019) (N/A)
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A. The board of county commissioners of each of the respective counties shall by May 1, 1988 and by April 1 of every year thereafter certify reports to the secretary of highway and transportation of the total mileage of public roads maintained by each county as of May 1, 1988, and by [as of] April 1 of every year thereafter [, of that year]; provided that in their reports the boards of county commissioners shall identify each of the public roads maintained by them by name, route and location. By July 1 of every year, the secretary of highway and transportation shall verify the reports of the counties and revise, if necessary, the total mileage of public roads maintained by each county and the mileage verified by the secretary of highway and transportation shall be the official mileage of public roads maintained by each county. After August 1, 1988, no distribution of amounts to any county for road purposes shall be made until that county has certified mileages to the secretary of highway and transportation in accordance with this section.

B. If a county has not made the required mileage certification pursuant to this section by May 1, 1988 and by April 1 of every year thereafter, the secretary of highway and transportation shall estimate the mileage maintained by those counties for the purpose of making distribution to all counties, and the amount calculated to be distributed each month to those counties not certifying mileage shall be reduced by one-third each month for that fiscal year and that amount not distributed to those counties shall be distributed equally to all counties which have certified mileages.

History: 1978 Comp., § 67-3-28.3, enacted by Laws 1987, ch. 347, § 22; 1988, ch. 106, § 3.

Bracketed material. — The brackets in the first sentence in Subsection A have been added by the compiler for clarity and to indicate apparent surplusage following the amendment of this section by Laws 1988, ch. 106, § 3. The bracketed material was not enacted by the legislature and it is not part of the law.

The 1988 amendment, effective May 18, 1988, designated the existing provisions of the section as Subsection A; substituted "Secretary of highway and transportation" for "Chief highway administrator" in the catchline; in Subsection A, substituted "May 1, 1988 and by April 1 of every year thereafter" for "August 1, 1987 and by August 1 of every odd-numbered year thereafter" and "May 1, 1988, and by April 1 of every year thereafter" for "January 1" in the first sentence, substituted "By July 1 of every year" for "By December 1, 1987 and December 1 of every odd-numbered year thereafter" in the second sentence, and substituted "August 1, 1988" for "July 1, 1988", in the last sentence; deleted the former last sentence regarding mileage estimates; and added Subsection B.