New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-33 - Assent to federal rural post road acts; pledge of state's good faith; expenditures.

The legislature of New Mexico hereby assents to the provisions of the act of congress approved July 11, 1916 entitled "an act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes", 39 U. S. Statutes at Large, page three hundred fifty-five, and all acts amendatory thereof and supplementary thereto, and the legislature of New Mexico hereby assents to the provisions of the act of congress approved November 9, 1921 entitled "an act to amend the act entitled 'an act to provide that the United States shall aid the states in the construction of rural post roads and for other purposes', approved July eleven, nineteen hundred and sixteen as amended and supplemented and for all other purposes", 42 U. S. Statutes at Large, page two hundred twelve and all acts amendatory thereof and supplementary thereto. The state transportation commission is hereby authorized to enter into all contracts and agreements with the United States government relating to the construction and maintenance of rural post roads under the provisions of the said acts of congress, to submit such scheme or program of construction and maintenance as may be required by the secretary of agriculture and to do all other things necessary fully to carry out the cooperation contemplated and provided by the acts. The good faith of the state is hereby pledged to make available funds sufficient to equal the sum apportioned to the state by or under the United States government during each of the five years for which federal funds are appropriated by the acts, to maintain the roads constructed under the provision of the acts and to make adequate provision for carrying out such maintenance. All money accruing to the state road fund and available for expenditure in the construction and maintenance of highways and all federal funds apportioned to this state under the acts of congress shall be expended upon the highways comprising the system of state roads provided for by Chapter 67 NMSA 1978.
History: Laws 1917, ch. 38, § 19; C.S. 1929, § 64-320; Laws 1937, ch. 195, § 1; 1941 Comp., § 58-225; 1953 Comp., § 55-2-25; 2003, ch. 142, § 47.
The 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission"
Compiler's notes. — Laws 1917, ch. 67, § 1, as originally enacted, was identical with this section, and is deemed to be superseded by it because of the 1937 amendment.
42 Stat. 212, appeared as 23 U.S.C. § 1 et seq., before being repealed in 1958.
The provision in the third sentence of this section making funds available to equal those apportioned to the state "during each of the five years for which federal funds are appropriated" apparently refers to the Act of Congress of July 11, 1916, § 3, 39 Stat. 355, referred to in the first sentence appropriating funds from 1917 to 1921. Since then, however, various acts of congress have appropriated funds for such purposes for each year.
Appropriation to compensate for death. — An appropriation of $500 made by Laws 1939, ch. 214, to compensate for the death of a child killed by an oil distributor truck operated by the state highway department (now state transportation department), out of highway funds, would not constitute a diversion of moneys for highway purposes under federal law. 1939 Op. Att'y Gen. No. 39-3198.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 122, 127, 129.
39A C.J.S. Highways § 158.

Structure New Mexico Statutes