reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-17 - Snow removal from designated skiing area parking facilities.

The state transportation commission is hereby authorized and empowered to remove any snow that it deems to be an obstacle to the parking of motor vehicles at any parking area that serves a skiing area. If the parking area is on lands owned by or leased from the state, municipal, county or federal government, the cost of snow removal shall be borne by the state as in the case of road maintenance. If the parking facilities are on private lands, the person in control of the skiing area shall be liable for the payment of such sum, not less than actual cost, as the state transportation commission decides to be the reasonable value of such snow removal. For the purposes of this section, the phrase "skiing area" shall mean any lands or areas used for the sport of skiing and recognized by the tourism department as a tourist attraction.
History:
1953 Comp., § 55-2-11.1, enacted by Laws 1967, ch. 20, § 2; 2003, ch. 142, § 36.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "tourism department" for "department of development".
Compiler's notes.
— Laws 1967, ch. 20, § 2, and Laws 1967, ch. 165, § 1, each enacted a new 55-2-11.1, 1953 Comp. However, since Laws 1967, ch. 20, also contained a Section 3, Laws 1967, ch. 20, §§ 2 and 3, have been compiled as 55-2-11.1 and 55-2-11.2, 1953 Comp. (67-3-17 and 67-3-18 NMSA 1978), and Laws 1967, ch. 165, § 1, has been compiled as 55-2-11.3, 1953 Comp. (67-3-19 NMSA 1978).
Authority of county to clear private road.
— This section does not confer any authority upon a county department, so a county may not use its equipment to clear or blade a snow packed private road even if it charges a fee for such service. 1975 Op. Att'y Gen. No. 75-02.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 79, 112.
Duty to remove ice and snow from highway, 27 A.L.R. 1104.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-18 - [Skiing area with parking facilities; rejection of snow removal services.]

The person in control of the skiing area, with parking facilities on private land, shall have the right to reject this service.
History:
1953 Comp., § 55-2-11.2, enacted by Laws 1967, ch. 20, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 1967, ch. 20, § 2, and Laws 1967, ch. 165, § 1, each enacted a new 55-2-11.1, 1953 Comp. However, since Laws 1967, ch. 20, also contained a Section 3, Laws 1967, ch. 20, §§ 2 and 3, have been compiled as 55-2-11.1 and 55-2-11.2, 1953 Comp. (67-3-17 and 67-3-18 NMSA 1978), and Laws 1967, ch. 165, § 1, has been compiled as 55-2-11.3, 1953 Comp. (67-3-19 NMSA 1978).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-19 - Duty to repair and maintain state park roads, bridges and parking areas.

It is the duty of the state transportation commission to repair and maintain the public roads and highways that provide access to state park and recreation areas and to repair and maintain all roads, bridges and parking areas within the boundaries of the state park and recreation areas that will best serve the needs of the general public.
History:
1953 Comp., § 55-2-11.3, enacted by Laws 1967, ch. 165, § 1; 2003, ch. 142, § 37.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Compiler's notes.
— Laws 1967, ch. 20, § 2, and Laws 1967, ch. 165, § 1, each enacted a new 55-2-11.1, 1953 Comp. However, since Laws 1967, ch. 20, also contained a Section 3, Laws 1967, ch. 20, §§ 2 and 3, have been compiled as 55-2-11.1 and 55-2-11.2, 1953 Comp. (67-3-17 and 67-3-18 NMSA 1978), and Laws 1967, ch. 165, § 1, has been compiled as 55-2-11.3, 1953 Comp. (67-3-19 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 200.
39A C.J.S. Highways § 32.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-20 - El Camino Real; supervision and control.

The system of highways established by Sections 67-9-2 through 67-9-5 NMSA 1978 shall be under the supervision and control of the state transportation commission, and it shall carry out the provisions at such time as in its judgment is proper.
History:
Laws 1909, ch. 42, § 5; Code 1915, § 2639; C.S. 1929, § 64-332; 1941 Comp., § 58-212; 1953 Comp., § 55-2-12; 2003, ch. 142, § 38.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-9-2 through 67-9-5 NMSA 1978" for "Sections 2707 to 2715 inclusive".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-21 - [Investigations and experiments; reports; cooperation of state educational institutions; costs; publications.]

The commission shall conduct such investigations and experiments as in its judgment may tend to the benefit of highway construction in the state, and make reports thereof to the governor, and may cooperate with state or national organizations in experiments and work for the advancement of highway construction. It shall cause investigations and tests of road materials to be made within the various counties of the state until a sufficient knowledge is obtained of the location and availability of all materials suitable for road building, and in such investigations and tests may call upon and utilize any of the officers, employes [employees], equipment or resources of any of the state educational institutions. Provided, however, that the actual cost of such tests or investigations made by any institution shall be borne by the state and paid from the state road fund. The commission may issue and circulate such bulletins, pamphlets and literature as it may deem necessary.
History:
Laws 1912, ch. 54, § 4; Code 1915, § 2634; C.S. 1929, § 64-328; 1941 Comp., § 58-213; 1953 Comp., § 55-2-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Right of commissioners to discuss issues in open meetings.
— Although the power to make investigations and report thereon to the governor is unquestioned, under the broad and general authority of N.M. Const., art. V, § 14, there is no restriction on the right of the commission to discuss any of its responsibilities or problems in open meeting, and, inasmuch as under the democratic system it is important that the public be informed concerning the conduct of official business generally, an immunity otherwise enjoyed is not altered by the fact that a meeting was open and newspaper representatives were in attendance.
Adams v. Tatsch
, 1961-NMSC-085, 68 N.M. 446, 362 P.2d 984.
Funding of investigation legal.
— Commission of the state of New Mexico may legally set aside highway funds to be spent at the discretion of the legislative finance committee to pay for an investigation of the operations of the New Mexico highway department. 1959 Op. Att'y Gen. No. 59-171.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39A C.J.S. Highways §§ 59, 62.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-22 - State transportation commission; annual report.

The state transportation commission shall, on or before the first day of January of each year, make a report to the governor of all business transacted by the commission up to and including the thirtieth day of November, showing an itemized statement of money received and disbursed.
History:
Laws 1909, ch. 42, § 9; Code 1915, § 2643; C.S. 1929, § 64-337; 1941 Comp., § 58-214; 1953 Comp., § 55-2-14; 2003, ch. 142, § 39.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
Compiler's notes.
— The 1915 Code compilers substituted the words "state highway commission" for "territorial road commission" apparently to comply with Laws 1912, ch. 54, § 1 which provided for such change of name.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 62.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-23 - Secretary of transportation; appointment.

The governor shall appoint a secretary of transportation, with the approval of the state transportation commission and subject to the advice and consent of the senate. The secretary shall be in general charge of the work of the commission and be its active executive representative and shall serve as the representative of the department on the executive cabinet as provided for in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. The secretary shall take the usual oath and execute in favor of the state a bond in the sum of fifty thousand dollars ($50,000), of like character, with like sureties and for like purposes, to be approved and filed as prescribed in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. The premium of the bond shall be paid out of the state road fund.
History:
1953 Comp., § 55-2-15, enacted by Laws 1977, ch. 251, § 5; 1978, ch. 1, § 3; 1987, ch. 268, § 36; 2003, ch. 142, § 40.
ANNOTATIONS
Repeals and reenactments.
— Laws 1977, ch. 251, § 5, repeals 55-2-15, 1953 Comp., relating to the appointment, duties, qualifications, etc., of the state highway engineer and enacts the above section.
The 2003 amendment,
effective July 1, 2003, rewrote the section heading; and substituted "state transportation commission" for "state highway commission".
The 1987 amendment,
effective July 1, 1987, in the first sentence substituted "secretary of highway and transportation" for "chief highway administrator" and inserted "state highway" preceding "commission" in the second sentence substituted "secretary" for "chief highway administrator" at the beginning and near the end substituted "state highway and transportation department" for "highway department," in the third sentence substituted "the Surety Bond Act" for "Section 51-1-1 NMSA 1953", and made minor changes in language and punctuation throughout the section.
The 1978 amendment
substituted "governor" for "commission" and "the approval of the commission and subject to the advice and consent of the senate" for "the consent of the governor" in the first sentence, substituted "The chief highway administrator" for "who" at the beginning of the second sentence and deleted the former third sentence which read: "He shall receive an annual salary to be fixed by the commission and shall give his entire time and energy to the duties of his office, save as hereinafter provided."
When salary increases lawful.
— When the salary increases granted are pursuant to the commission's personnel plan, such increases are lawful and the Personnel Act (10-9-1 to 10-9-25 NMSA 1978) is not applicable until commission employees are specifically included under the act. 1958 Op. Att'y Gen. No. 58-52 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 13.
39A C.J.S. Highways § 56.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-24 - Employees; appointment; compensation.

The secretary, with the consent and approval of the state transportation commission, may appoint and fix the compensation of assistant engineers and clerks and employ such other help as may be necessary to the proper conduct of the work of the commission under the provisions of Chapter 67 NMSA 1978. All appointees on entering upon their duties shall first take the prescribed oath of office if so required by the commission.
History:
Laws 1917, ch. 38, § 5; C.S. 1929, § 64-306; 1941 Comp., § 58-216; 1953 Comp., § 55-2-16; 2003, ch. 142, § 41.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
Special counsel authorized.
— This statute authorized the commission to employ special counsel to advise it in the performance of its duties. State v. Davidson, 1929-NMSC-016, 33 N.M. 664, 275 P. 373.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 13.
39A C.J.S. Highways § 58.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 166, § 17, repeals 55-2-17, 1953 Comp. (67-3-25 NMSA 1978), relating to payment of premiums for required workmen's compensation insurance, effective March 31, 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 117, § 3B repeals 67-3-27 NMSA 1978, as enacted by Laws 1909, ch. 42, § 6, relating to investigation as to need for public roads and cooperation with counties in construction, effective March 28, 1989.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-28.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 63, § 1 repeals 67-3-28.1 NMSA 1978, as enacted by Laws 1983, ch. 305, § 6, relating to equitable division of funds between highway construction districts, effective June 16, 1989. For provisions of former section,
see
1988 Cumulative Supplement.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-28.3 - Secretary of highway and transportation; counties; public roads maintained by counties; duties.

A. The board of county commissioners of each of the respective counties shall by May 1, 1988 and by April 1 of every year thereafter certify reports to the secretary of highway and transportation of the total mileage of public roads maintained by each county as of May 1, 1988, and by [as of] April 1 of every year thereafter [, of that year]; provided that in their reports the boards of county commissioners shall identify each of the public roads maintained by them by name, route and location. By July 1 of every year, the secretary of highway and transportation shall verify the reports of the counties and revise, if necessary, the total mileage of public roads maintained by each county and the mileage verified by the secretary of highway and transportation shall be the official mileage of public roads maintained by each county. After August 1, 1988, no distribution of amounts to any county for road purposes shall be made until that county has certified mileages to the secretary of highway and transportation in accordance with this section.
B. If a county has not made the required mileage certification pursuant to this section by May 1, 1988 and by April 1 of every year thereafter, the secretary of highway and transportation shall estimate the mileage maintained by those counties for the purpose of making distribution to all counties, and the amount calculated to be distributed each month to those counties not certifying mileage shall be reduced by one-third each month for that fiscal year and that amount not distributed to those counties shall be distributed equally to all counties which have certified mileages.
History:
1978 Comp., § 67-3-28.3, enacted by Laws 1987, ch. 347, § 22; 1988, ch. 106, § 3.
ANNOTATIONS
Bracketed material.
— The brackets in the first sentence in Subsection A have been added by the compiler for clarity and to indicate apparent surplusage following the amendment of this section by Laws 1988, ch. 106, § 3. The bracketed material was not enacted by the legislature and it is not part of the law.
The 1988 amendment,
effective May 18, 1988, designated the existing provisions of the section as Subsection A; substituted "Secretary of highway and transportation" for "Chief highway administrator" in the catchline; in Subsection A, substituted "May 1, 1988 and by April 1 of every year thereafter" for "August 1, 1987 and by August 1 of every odd-numbered year thereafter" and "May 1, 1988, and by April 1 of every year thereafter" for "January 1" in the first sentence, substituted "By July 1 of every year" for "By December 1, 1987 and December 1 of every odd-numbered year thereafter" in the second sentence, and substituted "August 1, 1988" for "July 1, 1988", in the last sentence; deleted the former last sentence regarding mileage estimates; and added Subsection B.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-29 - Department personnel; county and municipal road technical assistance.

The state transportation commission may establish and maintain within the department qualified technical personnel including engineers, designers and survey crews to assist counties and municipalities in the engineering, design and other technical aspects of county and municipal road projects.
History:
1953 Comp., § 55-2-20.1, enacted by Laws 1973, ch. 143, § 1; 2003, ch. 142, § 43.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted "Highway" preceding "Department Personnel" in the section heading; and substituted "state transportation commission" for "state highway commission."
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-30 - Counties authorized to contract with commission; insufficient funds; exemption from Bateman Act.

The boards of county commissioners of the respective counties of this state are hereby authorized to enter into cooperative agreements with the state transportation commission in accordance with the provisions of Sections 67-3-28 and 67-3-30 NMSA 1978. An agreement shall bind the state and a county becoming a party thereto and shall not be invalidated by reason of the fact that a participating county may not have or collect during the current year sufficient money to pay the indebtedness of said county incurred under such contract for said current year. A contract shall be exempted from the provisions of Section 6-6-11 NMSA 1978.
History:
Laws 1929, ch. 100, § 3; C.S. 1929, § 64-603; 1941 Comp., § 58-222; 1953 Comp., § 55-2-22; 2003, ch. 142, § 44.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission; substituted" "Sections 67-3-28 and 67-3-30 NMSA 1978" for "this act and. All such agreements"; substituted "Section 6-6-111 NMSA 1978" for "Section 1227 of the New Mexico Statutes Annotated"; and in the last sentence substituted "Section 6-6-11 NMSA 1978" for "Section 1227 of the New Mexico Statutes Annotated".
Installment payments not prohibited.
— In view of this section, Bateman Act (6-6-11 NMSA 1978) would not prevent board of county commissioners from contracting with state highway department (now state transportation department) for acquisition of right-of-way on an installment payment plan. 1946 Op. Att'y Gen. No. 46-4887.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 16.
39A C.J.S. Highways § 158(1).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-32 - Cooperative agreements; preference.

In entering into cooperative agreements pursuant to Section 67-3-28 NMSA 1978, the state transportation commission shall give preference to political subdivisions of this state if the subdivision contributes an amount equal to at least twenty-five percent of the project cost.
History:
1978 Comp., § 67-3-32, enacted by Laws 1983, ch. 38, § 1; 1999, ch. 212, § 4; 2003, ch. 142, § 46.
ANNOTATIONS
Repeals and reenactments.
— Laws 1983, ch. 38, § 1, repeals former 67-3-32 NMSA 1978, relating to the commission, in extending aid and cooperation, giving preference to those counties which match or exceed commission appropriations, and enacts the above section.
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
The 1999 amendment,
effective August 1, 1999, substituted "twenty-five percent" for "forty percent" near the end.
Effective dates.
— Laws 1983, ch. 38, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-34 - Federal aid road project; document execution.

Whenever a federal aid road project has been approved by the state transportation commission, the secretary is hereby authorized to execute and sign for and on behalf of the commission the project agreement and modifications thereof and all required documents in connection with such project. The agreements, modifications and documents so executed and signed shall be binding upon the state and upon the department to the same extent as if they had been signed by every member of the commission.
History:
Laws 1925, ch. 18, § 1; C.S. 1929, § 64-401; 1941 Comp., § 58-226; 1953 Comp., § 55-2-26; 2003, ch. 142, § 48.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "secretary" for "state highway engineer"; and substituted "state transportation commission" for "state highway commission".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 201.
40 C.J.S. Highways § 177.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-35 - Auditor; appointment; duties; bond.

The secretary, by and with the approval of the state transportation commission, may appoint some suitable person who shall be authorized to sign the name of said engineer to all vouchers as he designates from time to time in writing for the disbursement of funds. The appointee shall take the oath of office required of other employees of the department and shall execute in favor of the state a surety company bond in the sum of fifty thousand dollars ($50,000), subject to approval of the state transportation commission, conditional for the faithful performance of his duties, the premium of the bond to be paid out of the state road fund.
History:
Laws 1925, ch. 18, § 2; C.S. 1929, § 64-402; 1941 Comp., § 58-227; 1953 Comp., § 55-2-27; 2003, ch. 142, § 49.
ANNOTATIONS
Cross references.
— For form of oath,
see
14-13-1 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "secretary" for "state highway engineer"; and substituted "state transportation commission" for "state highway commission" twice.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-36 - Acquisition of rights of way; duty of county and district attorney.

Except as provided in Section 67-3-37 NMSA 1978, the rights of way deemed necessary by the state transportation commission for highways constructed or reconstructed under the supervision of the state transportation commission shall be acquired by the county through which such highways shall or do pass by donation, agreement, exchange, by the exercise of the power of eminent domain or otherwise, in the manner provided by law for acquiring property or property rights for public uses. It is the duty of the district attorney for the county wherein such property or property rights are situate to commence and prosecute an action to acquire all such property or property rights upon request of the board of county commissioners or the state transportation commission.
History:
1953 Comp., § 55-2-28.1, enacted by Laws 1963, ch. 249, § 1; 2003, ch. 142, § 50.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 152 to 194.
39A C.J.S. Highways § 136.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-37 - Acquisition of rights of way for interstate system; primary system; secondary system; payment.

A. In the acquisition of property or property rights deemed necessary by the state transportation commission for construction or reconstruction of the national system of interstate and defense highways, more commonly known as the "federal aid interstate system", the "federal aid primary system" and the "federal aid secondary system", the state transportation commission shall, at its costs, acquire the property or property rights directly, by either donation, agreement, exchange, condemnation or otherwise, without recourse to the county.
B. The secretary is authorized to make full payment directly to the owner or party having an interest in the property or property interests involved, in the manner prescribed by law, or may reimburse the county for the actual costs.
History:
1953 Comp., § 55-2-28.2, enacted by Laws 1963, ch. 249, § 2; 2003, ch. 142, § 51.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194.
39A C.J.S. Highways § 136.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-38 - Action by state transportation commission.

When the state transportation commission secures property or property rights required for the construction or reconstruction of the federal aid interstate system, the federal aid primary system or the federal aid secondary system, it is the duty of the district attorney for the county wherein such property or property rights are situate to aid and assist the state transportation commission in all matters pertaining thereto and to be present and assist at any trial involving the property or property rights required upon written request of the secretary or the head of the legal section of the department.
History:
1953 Comp., § 55-2-28.3, enacted by Laws 1963, ch. 249, § 3; 2003, ch. 142, § 52.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in the section heading and the section; and substituted "secretary" for "state highway engineer".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-39 - Waiver of immunity.

Nothing contained herein shall be construed as waiving the state's immunity to suit without its consent.
History:
1953 Comp., § 55-2-28.4, enacted by Laws 1963, ch. 249, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 119.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-40 - Control of state highways; maintenance costs.

The state transportation commission shall have full control over all roads designated by the commission as state highways or created as state highways by acts of the legislature. The costs of maintenance thereof shall be paid by the state, provided, that if at any time the money in the state road fund available for improvement or maintenance of all such state highways in the state shall not be sufficient for such purposes, the state transportation commission shall certify to the respective boards of county commissioners the certain sections of the highways in the counties, proportionately to such deficiency, which shall be improved and maintained wholly by the respective counties until sufficient funds are provided in the state road fund to enable the state to take over and maintain them as state highways.
History:
Laws 1919, ch. 99, § 13; C.S. 1929, § 64-333; 1941 Comp., § 58-229; 1953 Comp., § 55-2-29; 2003, ch. 142, § 53.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
Compiler's notes.
— The proviso in this section was formerly placed in parentheses by the compiler to indicate that it was deemed to be superseded by 67-4-13 NMSA 1978.
Exclusive authority to grant franchises.
— The commission has exclusive authority to grant franchises for use of highways. 1920 Op. Att'y Gen. No. 20-2671.
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.
Permission to post signs.
— On a road over which the commission has exclusive jurisdiction without regard whatsoever to obligations incurred to another governmental agency, the commission can grant or refuse permission to post signs. On such highways, the state soil conservation committee (now soil and water conservation commission) can make application subject to the discretion of the commission. 1958 Op. Att'y Gen. No. 58-99.
On rights of way.
— The commission has the authority within its own discretion to grant or refuse permits to place signs of boundaries on highway rights of way. 1958 Op. Att'y Gen. No. 58-99.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 157.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-42 - Bridges considered part of highway.

For the purposes of Chapter 67 NMSA 1978, necessary bridges, culverts and other appertaining structures on any highway shall be considered a part of such highway. Not more than fifty percent of the cost of all construction or improvement of highways, under the provisions of Chapter 67 NMSA 1978, shall be paid by the state and not less than fifty percent by the county in which such work is done, except where such work is done by the state transportation commission without the use of county funds.
History:
Laws 1917, ch. 38, § 13; C.S. 1929, § 64-314; 1941 Comp., § 58-231; 1953 Comp., § 55-2-31; 2003, ch. 142, § 55.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
Compiler's notes.
— Parentheses were formerly inserted by the compiler to indicate that the words "or improvement" were deemed to be superseded by 67-3-40 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 11, 12, 41 to 48, 80.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-45 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 127, § 20, repeals 67-3-44 and 67-3-45 NMSA 1978, relating to the use of convict labor on highway work.
Laws 1981, ch. 127, contains no effective date provision applicable to this section, but was enacted at the session which adjourned on March 21, 1981.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-46 - Rental of equipment; bids not required in emergencies; bid procedure; restrictions.

In cases of emergency where a state highway is rendered impassable for vehicular traffic by reason of fire, flood, storm or any other unusual condition and when it is necessary to take emergency action to reestablish the highway to a condition to render it passable to traffic, and equipment owned by the state transportation commission suitable for such purpose is not immediately available, the secretary, subject to approval of the state transportation commission, may rent equipment for such purpose at a reasonable rental rate without advertising for bids. In all other cases, the secretary shall advertise for bids before renting equipment and shall rent such equipment from the party submitting the lowest satisfactory bid. Such advertisement for bids shall be in accordance with such rules as may be adopted therefor by the state transportation commission, and bids shall be on such forms and in such manner and accompanied by such guarantee as may be prescribed by the commission.
History:
Laws 1939, ch. 91, § 1; 1941 Comp., § 58-235; 1953 Comp., § 55-2-35; 2003, ch. 142, § 56.
ANNOTATIONS
Cross references.
— For Procurement Code,
see
13-1-28 to 13-1-199 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 233, 234.
40 C.J.S. Highways §§ 197 to 202.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-47 - [Contracts for state aid roads; execution; restrictions.]

That every contract for highway improvement upon state roads or roads improved, maintained or constructed with state aid, under the provisions of this act, shall be made in the name of the state of New Mexico and signed by the state highway engineer, together with the board of county commissioners or other proper officer or officers of a participating county, and by the contracting party, and no such contract shall be entered into, nor shall any such work be authorized, in any county which will create a liability on the part of the state in excess of the funds apportioned to or otherwise available for expenditures in such county under the terms of this act.
History:
Laws 1917, ch. 38, § 10; C.S. 1929, § 64-311; 1941 Comp., § 58-236; 1953 Comp., § 55-2-36.
ANNOTATIONS
Meaning of "this act".
— The term "this act" refers to Laws 1917, ch. 38, the provisions of which are presently compiled as 67-3-9 to 67-3-11, 67-3-24, 67-3-26, 67-3-31, 67-3-33, 67-3-41 to 67-3-43, 67-3-47, 67-3-48, and 67-4-17.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 96, 98.
Construction and effect of "changed conditions" clause in public works or construction contract with state or its subdivision, 56 A.L.R.4th 1042.
40 C.J.S. Highways §§ 197 to 202.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-48 - Partial payments on road contracts; progress estimates; limitation; division of amounts.

Partial payments may be made on any contract for highway improvement under the provisions of this act, as the work progresses. Progress estimates shall be based on materials in place and labor expended thereon, but no more than ninety-five percent of the contract price of the work shall be paid in advance of the full completion of such contract and its acceptance by the state highway engineer. The state and county shall each pay its proportionate share of such partial payments on the certification of the amount thereof by the state highway engineer.
History:
Laws 1917, ch. 38, § 11; C.S. 1929, § 64-312; 1941 Comp., § 58-237; 1953 Comp., § 55-2-37; Laws 1975, ch. 266, § 1.
ANNOTATIONS
Meaning of "this act".
— The term "this act" refers to Laws 1917, ch. 38, the provisions of which are presently compiled as 67-3-9 to 67-3-11, 67-3-24, 67-3-26, 67-3-31, 67-3-33, 67-3-41 to 67-3-43, 67-3-47, 67-3-48, and 67-4-17.
Limitation on advancement.
— Even though the contractor cannot finish job because of conditions completely beyond his control, such as nondelivery of steel to the state necessary to complete the project, commission may not advance more than 85% (now 95%) of the contract price. 1947 Op. Att'y Gen. No. 47-5116.
Effect of claim by judgment creditor on final proceedings.
— No payment of the retainage and no final settlement can be made where a creditor, who has a disputed claim upon which suit has been brought, has pursued the case to judgment in the state court. 1951 Op. Att'y Gen. No. 51-5395.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.

Whenever, after the completion of any contract for the construction, repair or maintenance of any public highway under the supervision of the state transportation commission and the final acceptance of the work done thereunder, there now is or hereafter may be funds in a sum of less than five hundred dollars ($500) remaining in the hands of the state treasurer, properly payable under said contract, and claims of alleged creditors of such contractor have been filed with the state transportation commission against such funds, then, and at the election of the state transportation commission and upon an appropriate voucher issued by the proper officer of said commission specifying the project number of such contract and the name of such contractor and the names of all creditors who have filed such claims with said commission and the amounts of all claims so filed, the secretary of finance and administration shall issue a warrant for the transfer of the full amount of said fund to a special account to be known as the "state highway suspense fund" and shall specify upon his records the amount of money so transferred, the project number of said contract, the name of said contractor and the names and amounts of the claims of such creditors. Upon receipt of such warrant, the state treasurer shall transfer such funds to the state highway suspense fund in accordance with said warrant.
History:
Laws 1929, ch. 108, § 1; C.S. 1929, § 64-342; 1941 Comp., § 58-238; 1953 Comp., § 55-2-38; Laws 1977, ch. 247, § 165; 2003, ch. 142, § 57.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
The 1977 amendment
substituted "secretary of finance and administration" for "state auditor" in the first sentence.
Making final payment when road may need to be redone.
— The commission may lawfully make final payment to a highway contractor on a road constructed by the said contractor even though it appears that it may be necessary to remove and replace the surface base and subbase of the highway at considerable expense, unless the contractor failed to meet the standard and special specifications which constitute a part of the contract and such failure to follow said specifications resulted in the failure of the highway. 1958 Op. Att'y Gen. No. 58-147.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-50 - Account closing; nonliability.

Upon transfer of the funds as provided in Section 67-3-49 NMSA 1978, the state transportation commission shall close its book of account upon such project and shall have no further responsibility in connection with such fund or with the payment of the balance of money remaining to the credit of said contractor upon said contract.
History:
Laws 1929, ch. 108, § 2; C.S. 1929, § 64-343; 1941 Comp., § 58-239; 1953 Comp., § 55-2-39; 2003, ch. 142, § 58.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "of the funds as provided in Section 67-3-49 NMSA 1978" for "being made"; and substituted "state transportation commission" for "state highway commission".
Making final payment when road may need to be redone.
— The commission may lawfully make final payment to a highway contractor on a road constructed by the said contractor when it appears that it may be necessary to remove and replace the surface base and subbase of the highway at considerable expense, unless the contractor failed to meet the standard and special specifications which constitute a part of the contract and such failure to follow said specifications resulted in the failure of the highway. 1958 Op. Att'y Gen. No. 58-147.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-51 - [Restrictions on disbursements from suspense fund.]

The monies in said "state highway suspense fund" shall be paid to such contractor or his creditors, as the case may be, only upon the determination of the respective rights of such contractor and said creditors who have filed such claims, by a court of competent jurisdiction in some action by or against the contractor or the sureties upon his bond.
History:
Laws 1929, ch. 108, § 3; C.S. 1929, § 64-344; 1941 Comp., § 58-240; 1953 Comp., § 55-2-40.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 C.J.S. Highways §§ 176, 203 et seq.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-52 - Payment from state highway suspense fund.

Upon the delivery to the department of finance and administration of a certified copy of any such decree determining the respective rights of said contractor or sureties, and all of said creditors to said fund, the secretary of finance and administration shall issue a warrant for the payment thereof in accordance with such decree, and the state treasurer shall pay the same in accordance therewith.
History:
Laws 1929, ch. 108, § 4; C.S. 1929, § 64-345; 1941 Comp., § 58-241; 1953 Comp., § 55-2-41; Laws 1977, ch. 247, § 166.
ANNOTATIONS
The 1977 amendment
substituted "department of finance and administration" for "state auditor" and "secretary of finance and administration" for "state auditor."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 208.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-53 - [Reversion of suspense fund balances.]

If any monies remain in said "state highway suspense fund" for a period of five years without such a determination of the respective rights of said contractor and creditors thereto, the same shall revert to the state of New Mexico and be covered back into the state road fund.
History:
Laws 1929, ch. 108, § 5; C.S. 1929, § 64-346; 1941 Comp., § 58-242; 1953 Comp., § 55-2-42.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-54 - Flight strips, airport and access roads; contracts with federal government; secretary.

The state transportation commission is hereby authorized to enter into and make agreements with the federal government, or any agency, bureau or commission thereof, providing for the construction and maintenance of flight strips for the landing and launching of aircraft adjacent to or in the vicinity of public highways, for the construction and maintenance of airports or the construction and maintenance of access roads to flight strips, airports, bombing ranges, target ranges, federal reservations or to any industry or location deemed necessary to the war effort. Whenever a project for the construction and maintenance of a flight strip, an airport or an access road has been approved by the state transportation commission, the secretary is hereby authorized to execute and sign on behalf of the commission the project agreement and modifications thereof and all other documents in connection with such project. Such agreements, modifications thereof and documents, when so executed and signed, shall be binding upon the state to the same extent as if they had been signed by every member of the state transportation commission.
History:
1941 Comp., § 58-254, enacted by Laws 1943, ch. 7, § 1; 1953 Comp., § 55-2-44; 2003, ch. 142, § 59.
ANNOTATIONS
Cross references.
— For Procurement Code,
see
13-1-28 to 13-1-199 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
Construction and funding of state-owned airport.
— State highway department (now department of transportation) rather than aeronautics commission (now aviation division) may legally construct and maintain a state-owned public airport (necessary to the war effort) and may accept federal money in connection with it. 1947 Op. Att'y Gen. No. 47-5117.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 201.
40 C.J.S. Highways §§ 179, 197 et seq.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-55 - Flight strips, airports and access roads; bidding procedures; bond.

The state transportation commission may construct, reconstruct or maintain any flight strips, any airport or access road by work done with its own forces. In all other cases, it is the duty of the secretary to let the work on contract, after taking bids therefor, subject to the approval of the state transportation commission. The taking of bids therefor shall be in accordance with such rules as may be adopted by the commission. The secretary may reject any or all bids if they are unbalanced or for any other good cause, but otherwise he shall award the contract to the lowest responsible bidder. The successful bidder shall be required to furnish satisfactory bond in such amount as may be determined by the state transportation commission pledged to the faithful performance by the bidder of the terms of his contract.
History:
1941 Comp., § 58-255, enacted by Laws 1943, ch. 7, § 2; 1953 Comp., § 55-2-45; 2003, ch. 142, § 60.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-56 - State transportation commission; power to acquire land for flight strip, airport or access thereto.

The state transportation commission is hereby authorized and empowered to acquire by purchase, condemnation, gift or easement any and all lands or property necessary for the construction, maintenance and use of a flight strip for the landing or launching of aircraft adjacent to or in the vicinity of a public highway, for the construction, maintenance and use of an airport, or any access road. The secretary is authorized to issue his voucher for the payment to the owner of any or all lands required for such purpose in the sum agreed upon with such owners or as may be determined by appraisement and, when presented with such voucher by the secretary, it is the duty of the secretary of finance and administration to issue a warrant in such amount, and the state treasurer shall pay the same out of the state road fund.
History:
1941 Comp., § 58-256, enacted by Laws 1943, ch. 7, § 3; 1953 Comp., § 55-2-46; Laws 1977, ch. 247, § 167; 2003, ch. 142, § 61.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003,; substituted "state transportation commission" for "state highway commission" in the section heading and the section; and substituted "secretary" for "state highway engineer".
The 1977 amendment
deleted "of " preceding "any access" near the end of the first sentence and substituted "secretary of finance and administration" for "state auditor" in the second sentence.