A. The state transportation commission shall consist of six members to be appointed by the governor with the advice and consent of the senate.
B. State transportation commissioners shall be appointed for staggered terms of six years each commencing on January 1 so that the terms of not more than two commissioners expire on December 31 of each even-numbered year. Any vacancy shall be filled by appointment by the governor with the approval of the senate for the remainder of the unexpired term.
C. Each of the members, in order to qualify as such, shall take the usual oath and execute in favor of the state a surety company bond in a form approved by the attorney general in the amount of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. No more than four of the appointed commissioners shall belong to the same political party.
D. The state transportation commission shall have the power to determine all matters of policy for the department.
History: 1953 Comp., § 55-2-1.1, enacted by Laws 1967, ch. 266, § 1; 1983, ch. 305, § 1; 1989, ch. 67, § 1; 2003, ch. 142, § 27.
Cross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14.
The 2003 amendment, effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading; substituted "transportation commission" for "highway commission" in Subsections A and D; and substituted "State transportation commissioners" for "The highway commissioners holding office on the effective date of this act shall serve out the remainder of their unexpired terms and" in Subsection B.
The 1989 amendment, effective June 16, 1989, added "for the department" at the end of Subsection D.
The 1983 amendment substituted "six" for "five" in Subsection A and substituted "four" for "three" in the last sentence of Subsection C.
Effective dates. — Laws 1983, ch. 305, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 13 to 21, 34, 207.
39A C.J.S. Highways §§ 56, 164.
Structure New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-1 - Reimbursement of state transportation commissioners.
Section 67-3-4 - Method and time of appointment of commissioners.
Section 67-3-5 - Removal of commissioners.
Section 67-3-6 - Creation of department of transportation.
Section 67-3-7 - Secretary of transportation; appointment; qualifications; bond.
Section 67-3-8 - Powers and duties of secretary.
Section 67-3-8.3 - Disposition of surplus personal property or materials.
Section 67-3-10 - Meetings; oaths; seal; policy.
Section 67-3-11 - Rule-making power.
Section 67-3-12 - Powers and duties.
Section 67-3-14 - State transportation commission; powers and duties; road funds.
Section 67-3-15 - [Duty to advise towns, villages and counties; highway system for state.]
Section 67-3-16 - [General duty to construct, repair and maintain highways.]
Section 67-3-17 - Snow removal from designated skiing area parking facilities.
Section 67-3-18 - [Skiing area with parking facilities; rejection of snow removal services.]
Section 67-3-19 - Duty to repair and maintain state park roads, bridges and parking areas.
Section 67-3-20 - El Camino Real; supervision and control.
Section 67-3-22 - State transportation commission; annual report.
Section 67-3-23 - Secretary of transportation; appointment.
Section 67-3-24 - Employees; appointment; compensation.
Section 67-3-26 - Duties of secretary; disbursement of state road fund.
Section 67-3-28.2 - Local governments road fund created; uses.
Section 67-3-29 - Department personnel; county and municipal road technical assistance.
Section 67-3-32 - Cooperative agreements; preference.
Section 67-3-34 - Federal aid road project; document execution.
Section 67-3-35 - Auditor; appointment; duties; bond.
Section 67-3-36 - Acquisition of rights of way; duty of county and district attorney.
Section 67-3-38 - Action by state transportation commission.
Section 67-3-39 - Waiver of immunity.
Section 67-3-40 - Control of state highways; maintenance costs.
Section 67-3-42 - Bridges considered part of highway.
Section 67-3-43 - Road work; bid advertising; restrictions; rejection; bond.
Section 67-3-47 - [Contracts for state aid roads; execution; restrictions.]
Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.
Section 67-3-50 - Account closing; nonliability.
Section 67-3-51 - [Restrictions on disbursements from suspense fund.]
Section 67-3-52 - Payment from state highway suspense fund.
Section 67-3-53 - [Reversion of suspense fund balances.]
Section 67-3-55 - Flight strips, airports and access roads; bidding procedures; bond.
Section 67-3-57 - Annual appropriation; purposes.
Section 67-3-58 - Allotment of appropriation.
Section 67-3-59 - [Balances; continuation of appropriation.]
Section 67-3-59.1 - State highway debentures; issuance; limits; approval; coupons.
Section 67-3-59.2 - Highway infrastructure fund created; purpose.
Section 67-3-59.3 - State transportation project bonds; issuance; procedures; approval.
Section 67-3-60 - Bypasses and relocation projects; expenditure of highway funds; purpose.
Section 67-3-61 - Limitation of expenditures of highway funds for construction of highway bypasses.
Section 67-3-62 - Provisions for pedestrian, bicycle and equestrian traffic required.
Section 67-3-64 - Ramps for handicapped required.
Section 67-3-65 - State road fund created.
Section 67-3-65.1 - State road fund distribution.
Section 67-3-68 - Purpose and interpretation.
Section 67-3-69 - Power to state highway and transportation department.
Section 67-3-70 - Use of appropriated funds.
Section 67-3-71.1 - Right-of-way agreements; Navajo Nation; terms.
Section 67-3-72 - Transportation bonds.
Section 67-3-73 - Transportation bonds; terms.
Section 67-3-74 - Refunding bonds.
Section 67-3-75 - Transportation bonds eligible for investment.
Section 67-3-76 - Transportation bonds; exemption from taxation.