AMENDMENT FOR HOUSE LOCAL GOVERNMENT COMMITTEE ENGROSSED BILL
___________________ moved that HB 1257 be amended as follows:
On page 2 of the House Local Government Committee engrossed bill, delete lines 7 to 19, inclusive, and insert:
" Section 4. That § 31-3-45 be amended to read:
31-3-45. No vacation, change, or relocation of any highway as provided
for in under this chapter shall diminish, nor any no maintenance designation of a highway as provided under chapter 31-12, diminishes any existing right of use enjoyed by any public utility, municipally owned utility, rural water system, or cooperative utility which that provides electricity, gas, water, or telephone service.
Section 5. That section 37 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.
[Section 37.] That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners may designate a highway that is unsafe for vehicle travel as a no maintenance highway. The board shall identify the beginning and end point of the highway designated as no maintenance. The board does not have any responsibility on a no maintenance highway except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.
Section 6. That section 38 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.
[Section 38.] 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 to notify the motoring public that it is a no maintenance highway and that no vehicle travel is advised. 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 motoring public.".