A. The department shall be under the control of an executive officer to be known as the "secretary". The secretary shall have all powers necessary for the efficient management of the department. Except for the powers expressly granted to the state transportation commission by Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978, the secretary shall have all powers granted by law to the state transportation commission or the state transportation commissioners.
B. The secretary shall devote his entire time to his duties and shall receive an annual salary set by the commission. A secretary, during his period of service, shall not hold any other office under the laws of this state or of the United States.
History: 1953 Comp., § 55-2-1.6, enacted by Laws 1967, ch. 266, § 6; 1977, ch. 251, § 3; 1978, ch. 1, § 2; 2003, ch. 142, § 30.
The 2003 amendment, effective July 1, 2003, substituted "Secretary of Transportation" for "State Highway Engineer" in the section heading; substituted "secretary" for "state highway engineer" in Subsections A and B; in Subsection A, substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978" for "this 1978 act and by Section 55-2-1.1 NMSA 1953".
The 1978 amendment, in the last sentence of Subsection A, capitalized the word "Except," inserted "by this 1978 act and" preceding the statutory reference and substituted "the state highway engineer" for "and he"; deleted former Subsection B which read: "The state highway engineer shall be appointed by the highway commission with the consent of the governor"; redesignated former Subsection C as present Subsection B and deleted former Subsection D which read: "The state highway engineer shall execute a bond in the penal sum set by the state board of finance, conditioned for the faithful performance of his duties, which bond shall be approved by the commission. The cost of the bond shall be paid by the highway department as part of the operating cost of the department and it shall be filed with the secretary of state."
The 1977 amendment substituted the specific statutory reference for "Section 1" in the second sentence of Subsection A, added "with the consent of the governor" at the end of Subsection B and in Subsection C, deleted the former first sentence which read "The state highway engineer shall be a professional engineer" and substituted "the state highway engineer" for "he" in the present first sentence.
State highway engineer (now secretary of transportation) is not subject to transfer provisions of 10-7-1 NMSA 1978. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 162.
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.