New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-26 - Duties of secretary; disbursement of state road fund.

The secretary shall have charge of all records of the state transportation commission; shall keep a record of all proceedings and orders pertaining to the business of the secretary's office and of the state transportation commission; and shall keep on file copies of all plans, specifications and estimates prepared by the secretary's office. The secretary shall cause to be made and kept in the secretary's office a general highway plan of the state. The secretary shall prepare or cause to be prepared or call upon 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 transportation 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 transportation commission, the system of state roads so designated shall be improved as soon thereafter as practicable under the provisions of 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 secretary subject to the approval of the state transportation commission. The secretary 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. The secretary 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 the secretary may in like manner call on county road officials for any information or maps relative to the location, character and condition of the highways and bridges within their jurisdiction or control. Any such official who fails to supply such information when so called upon 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). The secretary 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 Chapter 67 NMSA 1978 and shall prepare or approve all plans and specifications and estimates therefor. The secretary shall report the proceedings of the secretary's office annually to the state transportation commission at such time as it may designate. All money in the state road fund shall be expended only upon itemized vouchers approved by the secretary, filed with the department of finance and administration, and warrants drawn by the secretary of finance and administration upon the state treasurer.
History: Laws 1917, ch. 38, § 7; C.S. 1929, § 64-308; 1941 Comp., § 58-218; 1953 Comp., § 55-2-18; Laws 1977, ch. 247, § 164; 2003, ch. 142, § 42; 2011, ch. 56, § 27.
The 2011 amendment, effective December 31, 2012, removed the county surveyor as a person upon whom the secretary may call for information or highway maps.
The 2003 amendment, effective July 1, 2003, substituted "secretary" for "state highway engineer" in the section heading and the section; and substituted "state transportation commission" for "state highway commission".
The 1977 amendment deleted "as soon as practicable after the taking effect of this act" preceding "prepare" in the second sentence, inserted "($10.00)" and "($100)" near the end of the sixth sentence and substituted "department of finance and administration" for "state auditor" and "secretary of finance and administration" for "state auditor" in the last sentence.
Control over state roads to be exclusive. — Laws 1917, ch. 38, gave the commission exclusive control over any and all road or roads comprised in the system of state roads. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
Generally, as to duty to maintain highways. — The duty to maintain and keep public highways in repair is that of the respective counties in which the highways are located, except for highways and streets in municipalities and state highways. Sanchez v. Board of Cnty. Comm'rs, 1970-NMCA-058, 81 N.M. 644, 471 P.2d 678, cert. denied, 81 N.M. 668, 472 P.2d 382.
Power to improve road. — Until the commission certifies back to a county or municipality a section of road it has been using as part of the state highway system, and for which an alternative route has been adopted, it has the power to improve such section under 67-3-14, 67-3-16, 67-3-26, 67-3-31 and 67-3-40 NMSA 1978. 1934 Op. Att'y Gen. No. 34-797.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 122 to 129.
39A C.J.S. Highways § 170.

Structure New Mexico Statutes