reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-58 - Allotment of appropriation.

From the money appropriated in Section 67-3-57 NMSA 1978, the state treasurer shall set aside each month out of the funds prescribed by law for the payment thereof a sufficient sum to pay the interest accrued each month on each series of state highway debentures then outstanding and, during the twelve months next preceding the maturity of each series of such debentures, he shall set aside from said funds sufficient money to provide for the payment of the principal thereof at maturity. The money so set aside shall be disbursed by the state treasurer only for the payment of the principal and interest of the series of the state highway debentures for which the money is set aside. The remainder of the money appropriated in Section 67-3-57 NMSA 1978 shall be disbursed upon the order of the state transportation commission or its duly authorized agent in the manner provided by law for disbursement of money in the state road fund.
History:
1941 Comp., § 58-265, enacted by Laws 1947, ch. 118, § 2; 1953 Comp., § 55-2-48; 2003, ch. 142, § 63.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
Compiler's notes.
— This section, 67-3-57 and 67-3-59 NMSA 1978 are deemed to supersede Laws 1939, ch. 74, which reads exactly as Laws 1947, ch. 118, except that the annual appropriation was $15,000,000.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 C.J.S. Highways § 176.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-59 - [Balances; continuation of appropriation.]

All monies hereby appropriated for any fiscal year or any part thereof which are not expended at the end of such fiscal year shall be added to the appropriation hereby made for the succeeding fiscal year.
The same appropriation with the same provisions and limitations as is made by this act [67-3-57 to 67-3-59 NMSA 1978] for the thirty-sixth fiscal year is hereby declared to apply and be continued to and in every fiscal year subsequent to the thirty-sixth fiscal year, unless otherwise provided by law.
History:
1941 Comp., § 58-266, enacted by Laws 1947, ch. 118, § 3; 1953 Comp., § 55-2-49.
ANNOTATIONS
Compiler's notes.
— This section, 67-3-57 and 67-3-58 NMSA 1978 are deemed to supersede Laws 1939, ch. 74, which reads exactly as Laws 1947, ch. 118, except that the annual appropriation was $15,000,000.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 C.J.S. Highways § 176.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-60 - Bypasses and relocation projects; expenditure of highway funds; purpose.

The purpose of Sections 67-3-60 and 67-3-61 NMSA 1978 is to foster and insure the correlation of state highway construction programs closely affecting smaller municipalities and unincorporated communities with the future economic growth, livelihood, development, safety and general welfare of the communities by limiting the use of public funds for the construction of highway bypasses or relocation projects diverting traffic and commerce from existing state highway routes through the communities in accordance with the provisions of all existing agreements between a municipality or county and the state transportation commission relating to obtaining the consent of the municipality or county pursuant to the provisions of Section 67-3-61 NMSA 1978.
History:
1953 Comp., § 55-2-50, enacted by Laws 1963, ch. 114, § 1; 1966, ch. 16, § 1; 2003, ch. 142, § 65.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted "of Act" at the end of the section heading; substituted "Sections 67-3-60 and 67-3-61 NMSA 1978" for "this act"; substituted "state transportation commission" for "state highway commission"; and substituted "Section 67-3-61 NMSA 1978" for "Laws 1963, Chapter 114, Section 1 and Laws 1965, Chapter 188, Section 1" at the end of the section.
Effect of repeal of by-pass laws on agreements.
— Since the commission and various municipal and county governing bodies have executed written agreements relative to highway construction and by-passes, such agreements are valid and binding upon the commission and the state highway department (now department of transportation) even if the by-pass laws (67-3-60 and 67-3-61 NMSA 1978) are repealed. 1966 Op. Att'y Gen. No. 66-13.
Law reviews.
— For comment, "Constitutional Law - Delegation of Power - New Mexico Bypass Law," see 4 Nat. Resources J. 160 (1964).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-61 - Limitation of expenditures of highway funds for construction of highway bypasses.

No expenditure or contract for the expenditure of state public funds for purposes of construction of highway bypasses or highway relocation projects diverting public motor vehicle travel from a previously existing highway route shall be made that violates the provisions of an existing agreement between a municipality or county and the state transportation commission relating to obtaining the consent of the municipality or county pursuant to the provisions of this section. An existing agreement between a municipality or county and the state transportation commission may be amended or revised by mutual consent of the parties to the agreement. Once authority is given by the governing authority and the state transportation commission has affirmatively acted in reliance upon the expressed approval, public funds may be expended and contracts executed despite subsequent withdrawal of approval by the governing authority.
History:
1953 Comp., § 55-2-51, enacted by Laws 1963, ch. 114, § 2; 1965, ch. 188, § 1; 1966, ch. 16, § 2; 2003, ch. 142, § 66.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "this section" for "Laws 1963, Chapter 114, Section 1 and Laws 1965, Chapter 188, Section 1".
Saving clauses.
— Laws 1965, ch. 188, § 2, provides that the act does not affect the limitations on expenditure of public funds imposed by Laws 1963, ch. 114 (67-3-60 NMSA 1978), prior to its effective date.
Effect of repeal of by-pass laws on agreements.
— Since the commission and various municipal and county governing bodies have executed written agreements relative to highway construction and by-passes, such agreements are valid and binding upon the commission and the state highway department (now department of transportation) even if the by-pass laws (67-3-60 and 67-3-61 NMSA 1978) are repealed. 1966 Op. Att'y Gen. No. 66-13.
Law reviews.
— For comment, "Constitutional Law - Delegation of Power - New Mexico Bypass Law," see 4 Nat. Resources J. 160 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 387.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-62 - Provisions for pedestrian, bicycle and equestrian traffic required.

A. No expenditure or contract for the expenditure of state public funds for purposes of constructing highways along new alignments or for purposes of substantially widening highways along the existing alignments shall be made or entered into by the state highway department unless the design and construction of such highways makes provision for pedestrian, bicycle and equestrian traffic along and across such highway, except when the state highway department, after notice and a public hearing, determines, pursuant to its published regulations as provided in Section 67-3-63 NMSA 1978, that:
(1) such provisions for pedestrian, bicycle and equestrian traffic would be contrary to the public safety; or
(2) the cost of such provision would be disproportionate to the need or probable usage.
B. Notice of public hearings shall be required only when:
(1) project plans require acquisition of additional right-of-way for purposes of constructing the project along a new alignment;
(2) the project plans require a substantial widening of the travel lanes for highway reconstruction along an existing alignment; or
(3) the highway department is petitioned by authorized officials of affected pedestrian, bicycle or equestrian associations. If such petition is filed, public hearing shall be held.
For purposes of Paragraphs (1) and (2) of this subsection, the requirement for notice and public hearing may be satisfied by publishing two notices of opportunity for a public hearing and holding a public hearing if written request for such a hearing is received within the time specified in the published notice.
History:
1953 Comp., § 55-2-52, enacted by Laws 1972, ch. 78, § 1; 1973, ch. 21, § 1; 1975, ch. 51, § 1; 1979, ch. 93, § 1.
ANNOTATIONS
The 1979 amendment
substituted "of constructing highways" for "of construction or reconstruction of highways" and "state highway department" for "state highway commission" in two places and inserted "along new alignments or for purposes of substantially widening highways along the existing alignments" following "constructing highways" in the introductory paragraph in Subsection A and rewrote Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 195.
State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R.4th 204.
39A C.J.S. Highways §§ 67; 40 C.J.S. Highways § 244.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-63 - Construction and maintenance of footpaths, bicycle lanes and bridle paths; expenditure of funds authorized.

A. The state transportation commission is authorized to expend as necessary matching state road funds and federal aid highway funds administered by the department for the construction and maintenance of footpaths, bridle paths or bicycle lanes along and across state, county and municipal roads, streets or highways.
B. In administering Sections 67-3-62 and 67-3-63 NMSA 1978, the state transportation commission shall promulgate regulations setting forth guidelines by which the state transportation commission shall determine whether the establishment of any proposed bicycle lanes, footpaths or bridle paths is contrary to public safety or the cost thereof is disproportionate to the need or probable usage within the meaning of Section 67-3-62 NMSA 1978. The commission shall recommend construction standards for footpaths, bicycle lanes and bridle paths and shall provide a uniform system of signs that shall apply to all such paths or lanes under the jurisdiction of the commission and all counties and municipalities. The commission may restrict the use of footpaths, bicycle lanes or bridle paths under its jurisdiction to pedestrian, equestrian or nonmotorized vehicle use.
C. As used in this section, "bicycle lane" means a publicly owned and maintained paved path, way or trail designated and signed as a bicycle route, and "bridle path" includes equestrian trails or ways.
D. In the event that any of the provisions of this section or of Section 67-3-62 NMSA 1978 conflict with provisions of federal law or regulations relating to highway construction funds and such conflict jeopardizes the receipt of funds by the state, then the conflicting provisions of the specified sections of state law shall be suspended and not effective.
History:
1953 Comp., § 55-2-52.1, enacted by Laws 1973, ch. 21, § 2; 2003, ch. 142, § 67.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in Subsection A; in Subsection B, substituted "Sections 67-3-62 and 67-3-63 NMSA 1978" for "this act"; and in Subsection D, substituted "Section 67-3-62 NMSA 1978" for "Sections 55-2-52 or 55-2-52.2 NMSA 1953".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 195.
State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R.4th 204.
39A C.J.S. Highways § 67; 40 C.J.S. Highways § 244.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-64 - Ramps for handicapped required.

Whenever any curbing on a public street, road or highway is constructed, repaired or remodeled to a major degree by the state highway department or the road department of any county or municipality, ramps shall be installed at any intersection having curbs or other barriers to entry onto the street or road from a sidewalk.
History:
1953 Comp., § 55-2-53, enacted by Laws 1973, ch. 151, § 1.
ANNOTATIONS
Immunity.
— The addition of ramps is immunized under the Tort Claims Act because such installation would not constitute "maintenance" but rather would be a "reconstruction".
Villanueva v. City of Tucumcari
, 1998-NMCA-138, 125 N.M. 762, 965 P.2d 346.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-65 - State road fund created.

The "state road fund" is created within the state treasury, to which shall be credited all receipts authorized by law to be paid into it. No income earned on the fund shall be transferred to another fund.
History:
1953 Comp., § 55-2-54, enacted by Laws 1973, ch. 145, § 1; 1980, ch. 54, § 1.
ANNOTATIONS
The 1980 amendment,
effective July 1, 1980, added the second sentence.
Appropriations.
— Laws 1996 (1st S.S.), ch. 4, § 39, effective March 21, 1996, appropriates $1,000,000 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1997 through 2000 for the purpose of completing the Santa Teresa border station in Dona Ana county.
Laws 1996 (1st S.S.), ch. 4, § 40, effective March 21, 1996, appropriates $478,700 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1997 through 2000 for the purpose of installing salt storage domes at patrol yards in the cities of Taos, Chama and Santa Fe.
Laws 1998, ch. 7, § 31, effective February 17, 1998, appropriates $733,800 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1998 through 2002 to acquire land, plan, design, construct and equip a maintenance patrol yard near Eagle Nest in Colfax county. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the state road fund.
Laws 1998, ch. 7, § 32, effective February 17, 1998, appropriates $900,000 from the state road fund to the capital program fund for expenditure in fiscal years 1998 through 2002 to acquire land, make site improvements and purchase and erect a modular office building and equip a port-of-entry facility near Santa Teresa in Dona Ana county. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the state road fund.
Laws 1998, ch. 7, § 44, effective February 17, 1998, provides that the balance of the appropriation from the state road fund to the state highway and transportation department [department of transportation] for the purpose of installing salt storage domes at patrol yards in Taos located in Taos county, in Chama located in Rio Arriba county and in Santa Fe located in Santa Fe county pursuant to Laws 1996 (1st S.S.), ch. 4, § 40, shall not be expended for its original purpose but is appropriated to the state highway and transportation department [department of transportation] to purchase and install chemical de-icer storage units throughout the state.
Laws 2004, ch. 126, § 42, effective March 10, 2004, appropriates $1,000,000 from the state road fund to the taxation and revenue department for expenditure in fiscal years 2004 through 2009 for the acquisition of a gas tax automation system for the taxation and revenue department.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-65.1 - State road fund distribution.

The amounts distributed to the state road fund pursuant to Sections 7-1-6.10, 66-6-23 and 66-6-23.1 NMSA 1978 shall be used for maintenance, construction and improvement of state transportation projects and to meet federal allotments under the federal-aid road laws, but sufficient money from the state road fund shall be set aside each year by the state treasurer to pay the principal and interest due each year on state transportation revenue bonds issued to anticipate the collection of this revenue.
History:
1978 Comp., § 67-3-65.1, enacted by Laws 1983, ch. 211, § 40; 2003 (1st S.S.), ch. 3, § 25.
ANNOTATIONS
The 2003 (1st S.S.) amendment
effective February 3, 2004, substituted "Sections 7-1-6.10, 66-6-23 and 66-6-23.1" for "Section 7-1-6.10," "state transportation projects" for "the public highways," and "due each year on state transportation revenue bonds" for "coupons of highway debentures," and deleted "as the principal and interest coupons mature" following "of this revenue" at the end.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-66 - Motor vehicle department [division] fees imposed by regulation; revenue disposition.

All revenues from all fees imposed by the motor vehicle department [motor vehicle division of the taxation and revenue department] solely by regulation, without statutory authority, shall be paid to the state treasurer for credit to the state road fund.
History:
1953 Comp., § 55-2-54.1, enacted by Laws 1975, ch. 339, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material near the beginning of the section was inserted by the compiler. Laws 1977, ch. 250, § 4, abolished the motor vehicle department. Laws 1977, ch. 250, § 3 (9-12-3 NMSA 1978, now repealed) created the motor vehicle division of the transportation department. See, now, 9-11-4 NMSA 1978 as to creation of taxation and revenue department and divisions thereof. The bracketed material was not enacted by the legislature and is not part of the law.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-67 - Name.

This act [67-3-67 to 67-3-70 NMSA 1978] may be cited as the "Public Mass Transportation Act."
History:
1953 Comp., § 55-2-55, enacted by Laws 1975, ch. 343, § 1.
ANNOTATIONS
Cross references.
— For Municipal Transit Law,
see
Chapter 3, Article 52 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-68 - Purpose and interpretation.

It is the intent of the legislature to assign to the state highway and transportation department all functions and powers necessary to develop a coordinated program with the United States government, and others, in the field of public mass transportation. In order to accomplish this purpose and obtain all possible funds available to implement this program, the Public Mass Transportation Act [67-3-67 to 67-3-70 NMSA 1978] shall be liberally construed.
History:
1953 Comp., § 55-2-56, enacted by Laws 1975, ch. 343, § 2; 1977, ch. 250, § 35; 1987, ch. 268, § 37.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, inserted "highway and" preceding "transportation department" near the beginning of the first sentence.
The 1977 amendment
substituted "transportation department" for "highway department" in the first sentence.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-69 - Power to state highway and transportation department.

In addition to the power and authority elsewhere granted to the state highway and transportation department to enter into cooperative agreements, the department is authorized to enter into agreements with any bureau, department or agency of the United States government dealing with or concerning the planning, design, construction, maintenance or supervision of any public mass transportation program or system, or the operation thereof, in this state. The department may additionally enter into agreements with any other bureau, agency or department of this state; any city, county school district or other political entity of this state; or any individual, firm, partnership, corporation, association or other organization, to carry out the foregoing.
History:
1953 Comp., § 55-2-57, enacted by Laws 1975, ch. 343, § 3; 1977, ch. 250, § 36; 1987, ch. 268, § 38.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, inserted "highway and" preceding "transportation department" near the beginning of the first sentence.
The 1977 amendment
substituted "transportation department" for "highway department" in the first sentence.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-70 - Use of appropriated funds.

The department may expend such portion of its appropriated funds as it deems necessary to effectuate the purposes of the Public Mass Transportation Act [67-3-67 to 67-3-70 NMSA 1978].
History:
1953 Comp., § 55-2-58, enacted by Laws 1975, ch. 343, § 4; 1977, ch. 250, § 37; 1987, ch. 268, § 39; 2003, ch. 68, § 1; 2003, ch. 142, § 68.
ANNOTATIONS
2003 amendments
— Identical amendmens to this section were enacted by Laws 2003, ch. 68, § 1 and Laws 2003, ch. 142, § 68, effective July 1, 2003, deleting "state highway and transportation" preceding "department"; and deleting "provided that such expenditure of funds which are not eligible for federal reimbursement shall not exceed fifty thousand dollars ($50,000) in any one fiscal year" at the end of the section. The section is set out as amended by Laws 2003, ch. 142, § 68.
See
12-1-8 NMSA 1978.
The 1987 amendment,
effective July 1, 1987, inserted "state highway and" preceding "transportation department" near the beginning and substituted "the Public Mass Transportation Act" for "this Act" near the middle of the section.
The 1977 amendment
substituted "transportation department" for "highway department" and "appropriated funds as" for "state road funds" and deleted "state road" following "expenditure of."
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-71 - State highway and transportation department; power to acquire property for transportation systems; power of eminent domain.

The state highway and transportation department may:
A. acquire property by purchase, lease, donation, gift, bequest, devise or eminent domain for the purpose of construction and operation of a transportation system; and
B. negotiate for the acquisition of property from any person, governmental entity, Indian tribe or Indian pueblo for the construction and operation of a transportation system.
History:
Laws 1997, ch. 52, § 1.
ANNOTATIONS
Cross references.
— For Eminent Domain Code,
see
Chapter 42A, Article 1 NMSA 1978.
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-72 - Transportation bonds.

A. The state transportation commission may determine that interest or necessity demands the issuance of revenue bonds to finance the development and construction of transportation systems and may by resolution make and issue revenue bonds that shall be known as "transportation bonds". The bonds shall be payable solely out of the net income to be derived from the operation of the project, and the commission shall pledge irrevocably such income to the payment of those bonds. The bonds shall not become a general obligation of the state or a political subdivision of the state.
B. The proceeds from the sale of transportation bonds shall be used solely for the purpose for which the bonds were issued.
C. Transportation bonds shall not be issued pursuant to this section unless the state board of finance approves the issuance of the bonds, the principal amount of the bonds and the maximum net effective interest rate on the bonds.
History:
Laws 1997, ch. 52, § 2; 2003, ch. 142, § 69.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-73 - Transportation bonds; terms.

Transportation bonds issued by the state transportation commission:
A. shall be payable at such times as the commission may provide;
B. may be subject to prior redemption at the commission's option at such time and upon such terms and conditions, with or without payment of premiums, as may be provided in the resolution of the commission;
C. may mature at any time not exceeding fifty years after the date of issuance;
D. may be serial in form and maturity and may consist of one bond payable at one time or in installments or may be in such other form as may be determined by the commission;
E. shall be sold for cash at, above or below par and at the effective interest rate approved by the state board of finance; and
F. may be sold at a public or private sale.
History:
Laws 1997, ch. 52, § 3; 2003, ch. 142, § 70.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-74 - Refunding bonds.

A. Transportation bonds issued pursuant to the provisions of Section 67-3-72 NMSA 1978 that are outstanding may be refunded at any time by the state transportation commission upon:
(1) the adoption of a resolution providing for the issuance of refunding bonds; and
(2) the issuance of the refunding bonds in an amount the commission determines is necessary to refund:
(a) the principal of the transportation bonds;
(b) all unpaid accrued and unaccrued interest on transportation bonds to the normal maturity date or to selected prior redemption dates of the bonds;
(c) any redemption premiums; and
(d) all estimated costs, including any commission cost, incidental to the issuance of the refunding bonds, as may be determined by the commission.
B. The principal amount of the refunding bonds may be equal to, less than or greater than the principal amount of the bonds so refunded.
C. A refunding may be effected, whether the bonds to be refunded have then matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded or by exchange of the refunding bonds for the bonds to be refunded; provided that the bonds to be refunded shall not be canceled without the consent of the holders to surrender their bonds for payment or exchange prior to the date on which they are payable or if they are called for redemption prior to the date on which they are by their terms subject to redemption.
D. The refunding bonds issued pursuant to this section shall be payable solely from the revenues out of which transportation bonds may be payable or solely from those amounts derived from an escrow as provided in this section, including amounts derived from the investment of refunding bond proceeds and other legally available amounts also provided in this section or from any combination of those sources.
E. Proceeds of refunding bonds shall either be applied immediately to the retirement of the bonds being refunded or be placed in escrow in a commercial bank or trust company that possesses and exercises trust powers. The escrowed proceeds may be invested in short-term securities, long-term securities or both.
History:
Laws 1997, ch. 52, § 4; 2003, ch. 142, § 71.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "Section 67-3-72 NMSA 1978" for "Section 2 of this act"; and substituted "state transportation commission" for "state highway commission".
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-75 - Transportation bonds eligible for investment.

Transportation bonds issued by the state transportation commission are securities in which public officers and public bodies of this state and its political subdivisions and insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds are securities that may properly and legally be deposited with and be received by a state or political subdivision officer for which the deposit of bonds or obligations of the state is authorized by law. Bonds shall not be eligible for investment or deposit by or with the state or its political subdivisions unless they have been rated AA or higher by an independent nationally recognized bond rating service based solely on the security of the bonds as an investment without resort to a collateral guarantee.
History:
Laws 1997, ch. 52, § 5; 2003, ch. 142, § 72.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-76 - Transportation bonds; exemption from taxation.

The construction, operation and maintenance of a transportation project by the state transportation commission shall constitute the performance of an essential governmental function. As such, the income from the transportation bonds issued pursuant to Chapter 67, Article 3 NMSA 1978 shall at all times be free from taxation by the state and by its political subdivisions.
History:
Laws 1997, ch. 52, § 6; 2003, ch. 142, § 73.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission".
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-77 - Definition.

As used in Chapter 67, Article 3 NMSA 1978, "transportation system" means facilities used for the transportation of natural resources, manufactured products or passengers and includes communication and transportation structures and other facilities necessary for the operation of the transportation facilities.
History:
Laws 1997, ch. 52, § 7.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 117, § 3C repeals 67-4-1 NMSA 1978, as enacted by Laws 1917, ch. 38, § 18, relating to general powers of county commissioners, county road fund, and road map, effective March 28, 1989.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-2 - [County commissioners succeed to powers and duties of county road superintendents.]

Until the legislature shall otherwise provide the several boards of county commissioners shall succeed to all the powers and duties of the county road superintendents, and all public property in the possession of or under the control of said county road superintendents shall, within fifteen days after the approval of this act [this section], be turned over and delivered to the several boards of county commissioners, and said county road superintendents shall within fifteen days after the approval of this act, make a correct and detailed report to said boards of county commissioners of all pending work, contracts and unpaid accounts or claims due on account of any unfinished work or pending contract or contracts. Nothing herein contained shall be construed to invalidate or repudiate any obligations, contracts or indebtedness lawfully made or created under the provisions of said Chapter 99 of the Session Laws of 1919, but any such contracts or obligations shall be fulfilled and any such indebtedness shall be paid and the payment thereof shall be provided for by the levy of taxes at the time and in the manner contemplated by the laws under which such contracts or obligations were made and such indebtedness created.
History:
Laws 1921, ch. 11, § 2; C.S. 1929, § 64-501; 1941 Comp., § 58-301a; 1953 Comp., § 55-3-2.
ANNOTATIONS
Compiler's notes.
— Laws 1919, ch. 99, referred to in this section, was repealed by Laws 1921, ch. 11, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 123.
20 C.J.S. Counties § 63.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-3 - [County road superintendent; employment; powers.]

The board of county commissioners of any county in this state may employ a county road superintendent and by resolution provide that such county road superintendent, subject to supervisory powers in the board of county commissioners, shall have charge of all work of construction and maintenance of county roads and bridges, and the purchasing of equipment, materials and supplies therefor.
History:
Laws 1921, ch. 135, § 1; C.S. 1929, § 64-201; 1941 Comp., § 58-302; 1953 Comp., § 55-3-3.
ANNOTATIONS
This section is entitled to reasonable and practical construction,
as to employment of road superintendents.
State ex rel. Bard v. Board of Cnty. Comm'rs
, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
Implied repeal of provisions regarding county surveyor.
— As respects right of board of county commissioners to employ county road superintendent, provision of Laws 1891, ch. 33, § 11, requiring all county surveying and engineering on roads and bridges to be performed by county surveyor, was impliedly repealed by this section.
State ex rel. Bard v. Board of Cnty. Comm'rs
, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
Implications of authority to employ.
— Authority to employ implies a choice of employee and a discretion as to terms of employment.
State ex rel. Bard v. Board of Cnty. Comm'rs
, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 123.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-4 - County road contracts with state transportation commission.

The board of county commissioners of any county in this state may enter into a contract with the state transportation commission by which all or any part of the work of construction and maintenance of county roads and bridges and the purchasing of equipment, materials and supplies shall be under the direction and control of the state transportation commission and subject to the limitations of Sections 67-4-3 through 67-4-16 NMSA 1978, and such board of county commissioners shall draw warrants payable out of the county road and bridge fund to pay for the same, upon itemized vouchers or estimates certified by the secretary.
In the event a county has inadequate equipment and machinery to grade and maintain county roads, upon request by the board of county commissioners and at such times as state equipment and machinery are available in the vicinity and not in use for state purposes, the state transportation commission is authorized to furnish the required equipment and machinery with the operators and personnel required to perform such work in consideration of the actual cost of the gasoline, oil and wages of such operators and personnel involved in the work performed.
History:
Laws 1921, ch. 135, § 2; C.S. 1929, § 64-202; 1941 Comp., § 58-303; Laws 1945, ch. 102, § 1; 1953 Comp., § 55-3-4; 2003, ch. 142, § 74.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; substituted "Sections 67-4-3 through 67-4-16 NMSA 1978" for "this act"; and substituted "secretary" for "state highway engineer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 494.
20 C.J.S. Counties § 150 et seq.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-5 - [Road districts; establishment; road supervisor; appointment; powers.]

A. The board of county commissioners of any county in this state may by resolution duly adopted at any regular meeting of such board, divide their county into road districts composed of two or more contiguous school districts and may appoint a district road supervisor (hereinafter called road supervisor) for each of such road districts, provided that no person shall be appointed to the office of road supervisor for any road district unless his name has been proposed by a petition signed by at least twenty-five percent of the residents of such road district, who have paid a road tax in such road district during the preceding year, and the work of construction and maintenance of county roads and bridges in such road district shall be under the direction and control of the road supervisor of such district, and such road supervisor, subject to the approval of the board of county commissioners of his county, shall purchase the road equipment, materials and supplies for his district.
B. Such road supervisor shall hold office until the first day of January next after his appointment and qualifications [qualification].
C. Such road supervisor, before assuming the duties of his office, shall enter into a good and sufficient bond with two or more sureties, in the penal sum of one thousand dollars [($1,000)], conditioned for the honest and faithful performance of the duties of his office. Such bond shall be approved in the same manner as bonds for county officers.
D. Each road supervisor shall receive compensation for the actual time he shall be employed in work on county roads and bridges in his road district, at the rate of four dollars ($4.00) per day. Such compensation shall be paid by warrant of the board of county commissioners of the county upon itemized and verified voucher, showing in detail the actual amount and character of work done, and the actual place where done during the day or fraction of day such road supervisor has been engaged.
History:
Laws 1921, ch. 135, § 3; C.S. 1929, § 64-203; 1941 Comp., § 58-304; 1953 Comp., § 55-3-5.
ANNOTATIONS
Cross references.
— For bonds of county officers,
see
Chapter 10, Article 2 NMSA 1978.
Compiler's notes.
— The parts of this section providing that the payment of a road tax shall be a qualification for those signing the petition may be obsolete since Code 1915, § 2674, as amended by Laws 1923, ch. 104, § 1, which provided for a road tax, was repealed by Laws 1927, ch. 44, § 1.
Sections 73-2-16 and 73-2-17 NMSA 1978 list certain disqualifications for "public road supervisors"; however, they are deemed inapplicable to the supervisor appointed under this section, since the office of road supervisor as it existed at the time the above mentioned sections were enacted was abolished by Laws 1912, ch. 54, § 9.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 13.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-6 - [Disbursements from road and bridge fund; county road superintendent's plan.]

In those counties where the county road superintendent's plan is adopted, the county road and bridge fund shall only be paid out upon itemized bills or estimates rendered and approved by the county road superintendent, showing in detail the time, place and character of work done, or in detail the supplies or materials purchased and received for county road and bridge purposes, by warrants drawn by the board of county commissioners on the county road and bridge fund.
History:
Laws 1921, ch. 135, § 4; C.S. 1929, § 64-204; 1941 Comp., § 58-305; 1953 Comp., § 55-3-6.
ANNOTATIONS
Expenditures are by board's warrant on approval of the superintendent.
State ex rel. Bard v. Board of Cnty. Comm'rs
, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
County road fund is intended
to be used for the establishment, construction and maintenance of county roads and may not be used for other purposes nor may the same be transferred to other county funds. A highway traffic patrolman is not even remotely connected with the construction and maintenance of county roads and his salary cannot properly be chargeable or disbursed from the county road fund. 1955 Op. Att'y Gen. No. 55-6110.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-7 - Disbursements from road fund; state transportation commission plan.

In those counties where the state transportation commission plan is adopted, the county road and bridge funds shall only be paid out upon itemized bills or estimates rendered and approved by the secretary or his assistant showing in detail the time, place and character of work done or the supplies or materials purchased and received for county road and bridge purposes by warrants drawn by the board of county commissioners on the county road and bridge fund.
History:
Laws 1921, ch. 135, § 5; C.S. 1929, § 64-205; 1941 Comp., § 58-306; 1953 Comp., § 55-3-7; 2003, ch. 142, § 75.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "secretary" for "state highway engineer".
County road fund is intended
to be used for the establishment, construction and maintenance of county roads and may not be used for other purposes nor may the same be transferred to other county funds. A highway traffic patrolman is not even remotely connected with the construction and maintenance of county roads and his salary cannot properly be chargeable or disbursed from the county road fund. 1955 Op. Att'y Gen. No. 55-6110.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-8 - [Disbursements from road and bridge fund; road supervisor's plan.]

In those counties where the road supervisor's plan is adopted, county road and bridge funds shall only be paid out upon itemized bills or estimates showing in detail the time, place and character of work done, or in detail the supplies or materials purchased and received for county road and bridge purposes, duly rendered and approved by the road supervisor of the road district in which such work is done or for which such supplies of materials are purchased and received, by warrant drawn by the board of county commissioners on the county road and bridge fund.
History:
Laws 1921, ch. 135, § 6; C.S. 1929, § 64-206; 1941 Comp., § 58-307; 1953 Comp., § 55-3-8.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 249, § 1 repeals 67-4-9 NMSA 1978, as enacted by Laws 1921, ch. 135, § 7, relating to adoption of plan for road work, budget, effective June 14, 1991.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-10 - Budget contents; limitations.

The budget provided for in Section 67-4-9 NMSA 1978 shall provide for engineering, supervision, superintending, automobile travel expenses and other overhead expenses and for the compensation of county road superintendents in counties where the county road superintendent plan is adopted, for such overhead and other expenses of the state transportation commission in counties where the state transportation commission contract plan is adopted and for the compensation of road supervisors where the road supervisor plan is adopted. The total expenditures for all the foregoing purposes in any one fiscal year shall not exceed ten percent of the total county road and bridge budget up to and including fifty thousand dollars ($50,000) and five percent of the budget in excess of fifty thousand dollars ($50,000) and up to and including seventy-five thousand dollars ($75,000) and two and one-half percent of the budget in excess of seventy-five thousand dollars ($75,000).
History:
Laws 1921, ch. 135, § 9; C.S. 1929, § 64-209; 1941 Comp., § 58-309; 1953 Comp., § 55-3-10; 2003, ch. 142, § 76.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
No limit is placed upon superintendent's compensation
under this section.
State ex rel. Bard v. Board of Cnty. Comm'rs
, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
Salary of road overseers should be included
in the 10% overhead. 1921 Op. Att'y Gen. No. 21-3036.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-11 - Unlawful to transfer money from county road and bridge fund to any other county fund.

It shall be unlawful to transfer any moneys from the county road and bridge fund to any other county fund. The county treasurer shall be liable on his official bond for any such transfer or transfers.
History:
Laws 1921, ch. 135, § 10; C.S. 1929, § 64-210; 1941 Comp., § 58-310; 1953 Comp., § 55-3-11; Laws 1973, ch. 258, § 145.
ANNOTATIONS
Money may not be legally transferred
from the county road fund to other funds within the county operating budget. 1969 Op. Att'y Gen. No. 69-149.
Disposition of surplus legislative matter.
— The disposition of any surplus in the county road fund, other than as provided in this chapter, is a matter for the legislature and it alone can authorize a different use than what is now permitted under the statute. 1952 Op. Att'y Gen. No. 52-5500.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Taxation for highway purposes as within constitutional provisions prohibiting legislature from imposing taxes for town, county, city or corporate purposes, or providing that legislature may invest power to levy such taxes in local authorities, 46 A.L.R. 609, 106 A.L.R. 906.
20 C.J.S. Counties §§ 193 to 203.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-12 - Rights of way; road location changes.

A. Rights of way deemed necessary by the board of county commissioners for new roads or changes in location in roads shall be acquired by the board of county commissioners by donation by the owner, by payment of a price agreed upon by the owner and the board of county commissioners or by the exercise of the power of eminent domain in the manner provided by law for acquiring property for public use. No change of location of any portion of a state highway or road construction with federal or state aid shall be made without the approval of the state transportation commission.
B. Future rights of way may be designated without immediate acquisition if:
(1) the changes in the county highway map due to designation of a future right of way are posted at the county courthouse of the respective county;
(2) persons who may be adversely affected are notified of the future right of way designation and the estimated period of time that may elapse before acquisition;
(3) a hearing is provided for all interested persons; and
(4) the county highway map, as amended, is filed with the state transportation commission.
History:
Laws 1921, ch. 135, § 11; C.S. 1929, § 64-211; 1941 Comp., § 58-311; 1953 Comp., § 55-3-12; Laws 1971, ch. 197, § 1; 2003, ch. 142, § 77.
ANNOTATIONS
Cross references.
— For eminent domain,
see
Chapter 42A, Article 1 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission."
Damages not unreasonable or excessive.
— The fact that the last award of damages for land condemned was 10 times as much as the original award is not indicative that the final judgment was unreasonable and excessive, without evidence of the value of the land.
Board of Cnty. Comm'rs v. Wasson
, 1933-NMSC-076, 37 N.M. 503, 24 P.2d 1098;
Board of Cnty. Comm'rs v. Gardner
, 1933-NMSC-077, 37 N.M. 514, 24 P.2d 1104.