On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners may designate a highway as a no maintenance highway. The
board shall, by resolution, identify the beginning and end point of the highway designated as no
maintenance. The board does not have any responsibility or duty of care on a no maintenance
highway, except upon knowledge of a manmade obstruction, to require removal or remediation of
the manmade obstruction if needed, to maintain public access.
Section 2. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners shall post signs on a no maintenance highway designated
under section 1 of this Act to notify the public that it is a no maintenance highway and that no travel
is advised, and that the public travels at its own risk. The signs shall be posted at each entry point
and at regular intervals along a no maintenance highway. A properly posted sign is prima facie
evidence that adequate notice of a no maintenance highway has been given to the public.
Section 3. That chapter 31-12 be amended by adding a NEW SECTION to read:
A no maintenance highway designated under section 1 of this Act is any highway that shall
remain open to public access, but over which the board of county commissioners has no
responsibility for maintenance or improvement.
Section 4. That chapter 31-12 be amended by adding a NEW SECTION to read:
Nothing in this chapter precludes any rural electric, telecommunications company, or entity
created by chapter 34A-5, 46A-3A, or 46A-9, or any nonprofit engaged in the treatment, distribution,
and sale of water to rural consumers from constructing, maintaining, or operating any facility along,
upon, or under publicly-owned land, including any road, highway, right-of-way, street, alley, bridge,
or causeway.
Section 5. That § 31-12-2 be amended to read:
31-12-2. Except for minimum maintenance roads established pursuant to § 31-12-46 or a no
maintenance road established pursuant to section 1 of this Act, no county highway system may be
changed, altered, or modified except by authority of and in accordance with a written executive order
of the Department of Transportation. Any such change shall be shown on the map of the county
highway system in an office designated by the board of county commissioners and on such map in
the Department of Transportation. "