reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-8 - Implied consent to submit to chemical test.

A. A person who operates a motorboat within this state shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to chemical tests of his blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purposes of determining the drug or alcohol content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motorboat while under the influence of an intoxicating liquor or drug.
B. The arrested person shall be advised by a law enforcement officer that failure to submit to a chemical test may be introduced into evidence in court and that the court, upon conviction, may impose increased penalties for the person's failure to submit to a chemical test.
C. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a motorboat while under the influence of an intoxicating liquor or drug.
D. A person who operates a motorboat in this state and who is involved in a fatal boating incident shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to mandatory chemical tests of his blood or breath or both, as determined by a law enforcement officer and approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978.
History:
Laws 2003, ch. 241, § 8.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-9 - Consent of person incapable of refusal not withdrawn.

A person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by the Boating While Intoxicated Act, and the test designated by the law enforcement officer may be administered.
History:
Laws 2003, ch. 241, § 9.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-10 - Administration of chemical test; payment of costs; additional tests.

A. Only the persons authorized by the Boating While Intoxicated Act shall withdraw blood from a person for the purpose of determining its alcohol or drug content. This limitation does not apply to the taking of samples of breath.
B. The person tested shall be advised by the law enforcement officer of the person's right to be given an opportunity to arrange for a physician, licensed professional or practical nurse or laboratory technician or technologist who is employed by a hospital or physician of his own choosing to perform a chemical test in addition to a test performed at the direction of a law enforcement officer.
C. Upon the request of the person tested, full information concerning the test performed at the direction of the law enforcement officer shall be made available to him as soon as it is available from the person performing the test.
D. The agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test.
E. If a person exercises his right under Subsection B of this section to have a chemical test performed upon him by a person of his own choosing, the cost of that test shall be paid by the agency represented by the law enforcement officer at whose direction a chemical test was administered pursuant to Section 8 [66-13-8 NMSA 1978] of the Boating While Intoxicated Act.
History:
Laws 2003, ch. 241, § 10.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-11 - Use of tests in criminal or civil actions; levels of intoxication; mandatory charging.

A. The results of a test performed pursuant to the Boating While Intoxicated Act may be introduced into evidence in a civil action or criminal action arising out of the acts alleged to have been committed by the person tested for operating a motorboat while under the influence of intoxicating liquor or drugs.
B. When the blood or breath of the person tested contains:
(1) an alcohol concentration of five one hundredths or less, it shall be presumed that the person was not under the influence of intoxicating liquor; or
(2) an alcohol concentration of more than five one hundredths but less than eight one hundredths, no presumption shall be made that the person either was or was not under the influence of intoxicating liquor. However, the amount of alcohol in the person's blood or breath may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.
C. When the blood or breath of the person tested contains an alcohol concentration of eight one hundredths or more, the arresting officer shall charge him with a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act.
D. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.
E. The alcohol concentration in a person's blood or breath shall be determined by a chemical test administered to the person within three hours of the alleged boating while under the influence of intoxicating liquor. In a prosecution pursuant to the provisions of the Boating While Intoxicated Act, it is a rebuttable presumption that a person is in violation of the provisions of that act if he has an alcohol concentration of eight one hundredths or more in his blood or breath as determined by a chemical test administered to the person within three hours of the alleged boating while under the influence of intoxicating liquor. If the chemical test is administered more than three hours after the alleged boating while under the influence of intoxicating liquor, the test result is admissible as evidence of the alcohol concentration in the person's blood or breath at the time of the alleged boating and the trier of fact shall determine what weight to give the test result.
F. The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor.
G. If a person is convicted of operating a motorboat while under the influence of intoxicating liquor or drugs, the trial judge shall be required to inquire into past convictions of the person for operating a motorboat while under the influence of intoxicating liquor or drugs before sentence is entered in the matter.
History:
Laws 2003, ch. 241, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-12 - Motorboats; influence of intoxicating liquor or drugs; fee upon conviction.

A. A person convicted of a violation of the Boating While Intoxicated Act shall be assessed by the court, in addition to any other fee or fine, a fee of sixty-five dollars ($65.00) to defray the costs of chemical and other tests used to determine the influence of intoxicating liquor or drugs.
B. All fees collected pursuant to the provisions of this section shall be transmitted monthly to the crime laboratory fund. All balances in the crime laboratory fund collected pursuant to this section are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the department of health for the costs of chemical and other tests used to determine the influence of intoxicating liquor or drugs.
C. Payment of funds out of the crime laboratory fund of fees collected pursuant to this section shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration.
History:
Laws 2003, ch. 241, § 12.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 66 - Motor Vehicles › Article 13 - Boating While Intoxicated › Section 66-13-13 - Educational program.

The state parks division of the energy, minerals and natural resources department shall develop and implement a program to advertise and further educate the boating public about the dangers of boating while under the influence of alcohol or drugs and the penalties associated with a conviction pursuant to the provisions of the Boating While Intoxicated Act.
History:
Laws 2003, ch. 241, § 13.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 1 - Highway Department Organization › Section 67-1-1 - Short title.

This act [67-1-1 to 67-1-3 NMSA 1978] may be cited as the "Highway Department Organization Act."
History:
Laws 1977, ch. 251, § 1.
ANNOTATIONS
Highway Department Organization Act.
— Highway Department Organization Act refers to Laws 1977, ch. 251, the provisions of which are presently compiled as 67-1-1, 67-1-3, 67-2-4, 67-3-7, 67-3-8 and 67-3-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 1 - Highway Department Organization › Section 67-1-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 100, § 1, repeals 67-1-2 NMSA 1978, relating to the termination of the highway department.
Laws 1983, ch. 100, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 1 - Highway Department Organization › Section 67-1-3 - Effective date.

The effective date of the provisions of the Highway Department Organization Act is March 31, 1978.
History:
Laws 1977, ch. 251, § 7.
ANNOTATIONS
Highway Department Organization Act.
—
See
67-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 2 - General Provisions › Section 67-2-3 - Post roads and mail routes declared to be public roads.

Where as the congress of the United States has declared all post roads over which the mails of the United States are carried to be public roads. It is likewise declared by this section that all such roads are public roads; provided, however, that discontinuance of mail service, and nonuser [nonuse] by the public for three years shall constitute abandonment and vacation of such roads for such roads for such public purpose.
History:
Laws 1903, ch. 58, § 1; Code 1915, § 2628; C.S. 1929, § 64-103; 1941 Comp., § 58-103; Laws 1945, ch. 31, § 1; 1953 Comp., § 55-1-3.
ANNOTATIONS
Cross references.
— For definition of public highways,
see
67-2-1 NMSA 1978.
Implied dedication.
— The law of implied dedication gives the public greater rights than the legislature has provided under this section.
Luevano v. Maestas
, 1994-NMCA-051, 117 N.M. 580, 874 P.2d 788.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 43.
39A C.J.S. Highways § 1.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 2 - General Provisions › Section 67-2-4 - Definitions.

As used in Chapter 67 NMSA 1978:
A. "state highway" shall include any highway declared to be a state highway by an act of the legislature or designated as such by the state highway engineer;
B. "department" means the department of transportation; and
C. "secretary" means the secretary of transportation.
History:
Laws 1929, ch. 77, § 1; C.S. 1929, § 64-1901; 1941 Comp., § 58-104; 1953 Comp., § 55-1-4; Laws 1977, ch. 251, § 2; 1987, ch. 268, § 34; 2003, ch. 142, § 25.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted Subsection B, defining "state highway engineer" or "chief highway administrator", and redesignated the remaining subsections accordingly; and deleted "highway and" preceding "transportation" in Subsection C.
The 1987 amendment,
effective July 1, 1987, in Subsection B, substituted "or the 'chief highway administrator' means the secretary" for "means the 'chief highway administrator'"; added Subsections C and D; and updated the statutory reference.
The 1977 amendment
rewrote this section which formerly defined state highway.
Consent of county commissioners unnecessary.
— The commission can acquire a right of way or lay out and establish a state highway in a county without the consent of the county commissioners.
Gallegos v. Conroy
, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
When underpass not to be designated state highway.
— The commission is not authorized by this section, 67-3-15, 67-3-16 or 67-3-41 NMSA 1978 to designate as a state highway, an underpass not connected with or intended to be a part of a state highway.
Springer Transfer Co. v. City of Albuquerque
, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.
On abandonment of portion of public highway,
the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 1, 2.
39A C.J.S. Highways § 1.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 2 - General Provisions › Section 67-2-5 - [Rights-of-way vest in state after use as highway for a year.]

When any state highway in the state of New Mexico, is continuously used by, or open for use to the public, as such, for a period of one year from and after the time this act [67-2-4, 67-2-5 NMSA 1978] goes into effect, or for a period of one year at any time thereafter, and the same has not been so used or occupied under any lease, contract or agreement recognizing the ownership of the right-of-way thereof in any person, firm or corporation, other than the state, such right-of-way shall be and become the property of and fee thereto shall vest in the state of New Mexico for such highway purposes, and the title thereto shall not thereafter be divested by adverse possession or in any other manner except with the consent of the state of New Mexico, so long as such right-of-way is so used for highway purposes.
History:
Laws 1929, ch. 77, § 2; C.S. 1929, § 64-1902; 1941 Comp., § 58-105; 1953 Comp., § 55-1-5.
ANNOTATIONS
Standing to appeal annexation proceeding.
— The state's interest in highway property granted by this section satisfied the requirement for standing of the department to appeal an annexation proceeding under 3-7-17C NMSA 1978.
State ex rel. State Highway & Transp. Dep't v. City of Sunland Park
, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85.
On abandonment of portion of public highway,
the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644.
Title to be conditional fee for public purposes only.
— A public highway, even though acquired only by virtue of the one-year limitation statute, should be used only for public purposes. The state is only authorized to take private property for such purposes and even though the statute purports to place the fee thereof in the state of New Mexico, such title would appear to be a conditional fee for public purposes only. 1954 Op. Att'y Gen. No. 54-5884.
Erection of telephone line on public right-of-way.
— If a telephone line is strictly a private one, then neither the county nor the state could consent to its erection on a public right-of-way. If, however, it is also devoted to a public use and the county authorized its erection, the commission might grant it a permit. 1954 Op. Att'y Gen. No. 54-5884.
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 2 - General Provisions › Section 67-2-7 - Petition for determination of abandonment or vacation.

Any owner of lands abutting any highway, street or road, his heirs or assigns may petition the state or any commission, department, bureau, agency or political subdivision thereof, who believes a section of any public road, street or highway is not [no] longer needed for public purposes, [and] may petition the state or any commission, department, bureau, agency or political subdivision thereof for a formal determination of abandonment or vacation.
History:
1953 Comp., § 55-1-7, enacted by Laws 1959, ch. 192, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler for purposes of clarity; it was not enacted by the legislature and is not a part of the law.
County commissioners proper body to vacate or abandon roads.
— Sections 67-2-4, 67-2-6 and 67-2-7 NMSA 1978 all relate to the vacation or abandonment of public highways, streets or roads by formal declaration, determination or order of the state or the appropriate commission, department, institution, bureau or political subdivision thereof. Being in pari materia, these statutes should be construed so as to give effect to every provision. They evince an intent on the part of the legislature to provide a formal procedure for the abandonment or vacation of public roads, streets and highways, and the district courts are not vested with this power. The county commission is the proper body to abandon or vacate roads in suit to quiet title.
Chavez v. County of Valencia
, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
Subject-matter jurisdiction not conferred by consent.
— Although the county entered an appearance in the quiet title suit and participated in the proceedings therein conducted by the district court, this did not confer jurisdiction or power in the district court over the subject matter of the suit, insofar as the subject matter of the suit was concerned with the quieting of title in the roads as subject-matter jurisdiction cannot be conferred by consent of the parties.
Chavez v. County of Valencia
, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 148.
39A C.J.S. Highways §§ 130 to 135.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-1 - Reimbursement of state transportation commissioners.

The members of the state transportation commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1935, ch. 44, § 1; 1941 Comp., § 58-201; 1953 Comp., § 55-2-1; Laws 1961, ch. 178, § 1; 1963, ch. 43, § 5; 2003, ch. 142, § 26.
ANNOTATIONS
Cross references.
— For creation of state transportation commission,
see
N.M. Const., art. V, § 14.
For removal of highway commissioners, jurisdiction,
see
N.M. Const., art. V, § 14.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading and the section.
Drawing of per diem allowance prohibited.
— State highway commissioners (now state transportation commissioners), as unsalaried state officers, may not draw the statutory per diem allowance while engaged in official state business at their residence or personal business premises. 1977 Op. Att'y Gen. No. 77-20.
Membership in retirement association.
— Members of the state highway commission (state transportation commission) are not eligible for membership in the public employees retirement association. 1965 Op. Att'y Gen. No. 65-29.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 58.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-2 - State transportation commissioners; number; appointment; powers; term of office; bond.

A. The state transportation commission shall consist of six members to be appointed by the governor with the advice and consent of the senate.
B. State transportation commissioners shall be appointed for staggered terms of six years each commencing on January 1 so that the terms of not more than two commissioners expire on December 31 of each even-numbered year. Any vacancy shall be filled by appointment by the governor with the approval of the senate for the remainder of the unexpired term.
C. Each of the members, in order to qualify as such, shall take the usual oath and execute in favor of the state a surety company bond in a form approved by the attorney general in the amount of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. No more than four of the appointed commissioners shall belong to the same political party.
D. The state transportation commission shall have the power to determine all matters of policy for the department.
History:
1953 Comp., § 55-2-1.1, enacted by Laws 1967, ch. 266, § 1; 1983, ch. 305, § 1; 1989, ch. 67, § 1; 2003, ch. 142, § 27.
ANNOTATIONS
Cross references.
— For creation of state transportation commission,
see
N.M. Const., art. V, § 14.
The 2003 amendment,
effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading; substituted "transportation commission" for "highway commission" in Subsections A and D; and substituted "State transportation commissioners" for "The highway commissioners holding office on the effective date of this act shall serve out the remainder of their unexpired terms and" in Subsection B.
The 1989 amendment,
effective June 16, 1989, added "for the department" at the end of Subsection D.
The 1983 amendment
substituted "six" for "five" in Subsection A and substituted "four" for "three" in the last sentence of Subsection C.
Effective dates.
— Laws 1983, ch. 305, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 13 to 21, 34, 207.
39A C.J.S. Highways §§ 56, 164.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-4 - Method and time of appointment of commissioners.

A. The governor shall submit the names of the commissioners to be appointed to the state senate for confirmation not later than the thirtieth day of each regular session of the legislature. A three-fifths vote of the senate shall be required for confirmation. The appointment of such commissioners shall become effective on the day of confirmation by the senate. No commissioner shall be appointed without confirmation by the senate except that, in the case of a vacancy, the governor may appoint a commissioner to fill a vacancy until the next regular session of the legislature, at which time an appointment shall be made for the balance of the unexpired term.
B. In the event the governor should refuse or fail to submit the names of the highway commissioners to the senate for confirmation in the manner above provided, the senate shall appoint and confirm the highway commissioners.
History:
1953 Comp., § 55-2-1.3, enacted by Laws 1967, ch. 266, § 3.
ANNOTATIONS
Cross references.
— For creation of state transportation commission,
see
N.M. Const., art. V, § 14.
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 67-3-5 - Removal of commissioners.

The state transportation commission, appointed by the governor and confirmed by the senate, shall serve at the pleasure of the governor. Transportation commissioners, appointed and confirmed by the senate pursuant to Subsection B of Section 67-3-4 NMSA 1978, shall not be removed without prior approval of the senate.
History:
1953 Comp., § 55-2-1.4, enacted by Laws 1967, ch. 266, § 4; 1978, ch. 1, § 1; 2003, ch. 55, § 1.
ANNOTATIONS
Cross references.
— For creation of state transportation commission,
see
N.M. Const., art. V, § 14.
For removal of commissioners,
see
N.M. Const., art. V, § 14.
The 2003 amendment,
effective June 20, 2003, rewrote this section.
The 1978 amendment
deleted "supreme court jurisdiction" at the end of the catchline, substituted "prior approval of the senate" for "notice of hearing and an opportunity to be heard having first been given such commissioner" at the end of the second sentence and deleted the former last sentence which read: "The supreme court of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove highway commissioners under such rules as it may promulgate and its decision in connection with such matters shall be final."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 38.
39A C.J.S. Highways § 165.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-6.2 - Department of transportation may inspect books and records. (Effective July 1, 2024.)

The department of transportation or person authorized by the department in writing under its seal to make an examination shall have the right at all times to inspect the books, papers and records of all such companies and common carriers doing business in this state relating to any matter pending before or being investigated by the department. Any officer, agent or employee of any such company or corporation or any person in charge of such books, papers and records who refuses to permit examination or who conceals, destroys or mutilates or attempts to conceal, destroy or mutilate any such books, papers or records or remove the same beyond the limits of the state for the purpose of preventing examination shall be deemed guilty of a misdemeanor and upon conviction may be fined not to exceed five hundred dollars ($500) or imprisoned in the county jail not more than six months.
History:
Laws 2023, ch. 100, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 100, § 82 made Laws 2023, ch. 100, § 2 effective July 1, 2024.
Temporary provisions.
— Laws 2023, ch. 100, § 81, provided that the department of transportation may review, amend, repeal and enact rules to carry out the provisions of this act; provided that any rules amended, repealed or enacted pursuant to the authority provided in this section shall not be effective until July 1, 2024.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-6.3 - Carrier inspection; fee. (Effective July 1, 2024.)

A. Each carrier doing business in this state that is subject to the control and jurisdiction of the department of transportation with respect to its rates and service shall pay annually to the department a fee in performance of its duties as now provided by law. The fee for carriers shall not exceed two hundred fifty-six thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the carrier. In the case of carriers engaged in interstate business, the fees shall be measured by the gross receipts of the carriers from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business.
B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month.
C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due.
D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.
History:
Laws 2023, ch. 100, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 100, § 82 made Laws 2023, ch. 100, § 3 effective July 1, 2024.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-6.4 - Disposition of fees. (Effective July 1, 2024.)

All money collected under the provisions of Section 3 [67-3-6.3 NMSA 1978] of this 2023 act shall be deposited with the state treasurer who shall credit it to the general fund.
History:
Laws 2023, ch. 100, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 100, § 82 made Laws 2023, ch. 100, § 4 effective July 1, 2024.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-6.5 - Exemptions. (Effective July 1, 2024.)

The provisions of Section 3 [67-3-6.3 NMSA 1978] of this 2023 act shall not apply to common or contract motor carriers or aircraft carriers transporting passengers or property for hire.
History:
Laws 2023, ch. 100, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 100, § 82 made Laws 2023, ch. 100, § 5 effective July 1, 2024.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-7 - Secretary of transportation; appointment; qualifications; bond.

A. The department shall be under the control of an executive officer to be known as the "secretary". The secretary shall have all powers necessary for the efficient management of the department. Except for the powers expressly granted to the state transportation commission by Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978, the secretary shall have all powers granted by law to the state transportation commission or the state transportation commissioners.
B. The secretary shall devote his entire time to his duties and shall receive an annual salary set by the commission. A secretary, during his period of service, shall not hold any other office under the laws of this state or of the United States.
History:
1953 Comp., § 55-2-1.6, enacted by Laws 1967, ch. 266, § 6; 1977, ch. 251, § 3; 1978, ch. 1, § 2; 2003, ch. 142, § 30.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "Secretary of Transportation" for "State Highway Engineer" in the section heading; substituted "secretary" for "state highway engineer" in Subsections A and B; in Subsection A, substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978" for "this 1978 act and by Section 55-2-1.1 NMSA 1953".
The 1978 amendment,
in the last sentence of Subsection A, capitalized the word "Except," inserted "by this 1978 act and" preceding the statutory reference and substituted "the state highway engineer" for "and he"; deleted former Subsection B which read: "The state highway engineer shall be appointed by the highway commission with the consent of the governor"; redesignated former Subsection C as present Subsection B and deleted former Subsection D which read: "The state highway engineer shall execute a bond in the penal sum set by the state board of finance, conditioned for the faithful performance of his duties, which bond shall be approved by the commission. The cost of the bond shall be paid by the highway department as part of the operating cost of the department and it shall be filed with the secretary of state."
The 1977 amendment
substituted the specific statutory reference for "Section 1" in the second sentence of Subsection A, added "with the consent of the governor" at the end of Subsection B and in Subsection C, deleted the former first sentence which read "The state highway engineer shall be a professional engineer" and substituted "the state highway engineer" for "he" in the present first sentence.
State highway engineer (now secretary of transportation) is not subject to transfer
provisions of 10-7-1 NMSA 1978.
State ex rel. Bird v. Apodaca
, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 162.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-8.1 - Secretary; authority to enter into intergovernmental agreement; gasoline tax sharing agreement; qualified tribe.

A. The secretary may enter into an intergovernmental agreement that may be referred to as a "gasoline tax sharing agreement" with a qualified tribe to receive forty percent of the gasoline tax revenue paid on two million five hundred thousand gallons of gasoline each month in exchange for the qualified tribe's agreement that the qualified tribe or a registered Indian tribal distributor owned by the qualified tribe shall not:
(1) distribute gasoline for resale outside of the boundaries of that registered Indian tribal distributor's Indian reservation, pueblo grant or trust land located in New Mexico; and
(2) claim all or part of the deduction authorized in Subsection F of Section 7-13-4 NMSA 1978.
B. The term of a gasoline tax sharing agreement entered into pursuant to this section shall be for a period of up to twenty years. The secretary and a qualified tribe with a gasoline tax sharing agreement shall report, at the midpoint of the term of the agreement, to the legislative finance committee and to the revenue stabilization and tax policy committee on the status of the agreement.
C. A gasoline tax sharing agreement entered into pursuant to this section shall be construed solely as an agreement between the two party governments and shall not alter or affect the government-to-government relations between the state and any other tribe.
D. Nothing in this section or in a gasoline tax sharing agreement entered into pursuant to this section shall be construed as creating rights in a third party.
E. Copies of gasoline tax sharing agreements shall be promptly transmitted to the secretary upon signing by the representatives of the governments that are parties to the agreement.
F. As used in this section:
(1) "qualified tribe" means the Pueblo of Nambe or the Pueblo of Santo Domingo, as long as it owns one hundred percent of a registered Indian tribal distributor pursuant to the Gasoline Tax Act [Chapter 7, Article 13 NMSA 1978], that qualifies for a deduction pursuant to Subsection F of Section 7-13-4 NMSA 1978; and
(2) "tribe" means an Indian nation, tribe or pueblo located in New Mexico.
History:
1978 Comp., § 67-3-8.1, enacted by Laws 2003, ch. 150, § 3; 2004, ch. 109, § 3; 2010, ch. 15, § 1.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection B, in the first sentence, after "for a period of up to", deleted "ten" and added "twenty"; and added the second sentence.
The 2004 amendment,
effective July 1, 2004, amended Paragraph (1) of Subsection F to add "or the Pueblo of Santo Domingo".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-8.2 - Secretary; authority to sell or otherwise dispose of property or property interest.

A. In the event the department acquires by condemnation or other means property or a property interest, including water, mineral and oil and gas rights in excess of the dimensions or amount necessary for public use, as determined by the department if the determination occurs within five years of the date of the acquisition, the prior owner from whom the property or property interest was acquired or the prior owner's personal representative or heirs shall have the option to purchase the property or property interest determined to be in excess. The persons may purchase the property or property interest at a price equal to the price paid for the excess property or property interest by the department to the prior owner at the time of acquisition, plus interest at the rate of six percent per year, for the period beginning with the date the prior owner received final payment for the property or property interest taken and ending when the notice of intent to dispose is mailed, less the amount of any liens attached against the property or property interest while it was held by the department.
B. The notice of intent to dispose shall be mailed to the last known address of the prior owner by certified mail with a return receipt requested. The notice shall notify the prior owner of the prior owner's right to purchase, specify which portion of the property or property interest of the prior owner is available for purchase by the prior owner, the amount of money, both the principal and interest, required to repurchase it and the amount of any liens that may be deducted from the purchase price. If within thirty days after mailing the notice of intent to dispose, the prior owner or the prior owner's personal representative or heirs elect to exercise the option to purchase, the department shall enter into an agreement prepared and approved by the appropriate legal officer for the sale of the excess property or property interest to the prior owner or the prior owner's personal representative or heirs.
C. If the prior owner or the prior owner's personal representative or heirs have not elected to exercise the option within thirty days from the date of mailing the notice of intent to dispose, the department may sell the property or the property interest on the open market in a commercially reasonable manner. The proceeds from the sale of the property or property interest shall be deposited in the state road fund.
History:
Laws 2004, ch. 77, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2004, ch. 77, § 2 makes the act effective immediately. Approved March 4, 2004.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-8.4 - Department; powers.

A. The secretary may use an alternative to the design-bid-build project delivery method for project procurement to allow the department to use the services of a construction manager general contractor. No more than twenty-five percent of the projects placed on the department's letting schedule in any calendar year may be let pursuant to the design and build project delivery method pursuant to Section 13-1-119.2 NMSA 1978 or the construction manager general contractor delivery method pursuant to the Transportation Construction Manager General Contractor Act [13-1-122.1 to 13-1-122.4 NMSA 1978].
B. As used in this section, "letting schedule" means the department's construction projects that are posted to give notice to the public prior to receiving bids on any project.
History:
1978 Comp., § 67-3-8.4, enacted by Laws 2022, ch. 12, § 7.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 12, § 8 made Laws 2022, ch. 12, § 7 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-9 - [Office.]

That the said state highway commission and the state highway engineer shall be provided with suitable offices in the state capitol by the superintendent of public buildings and property, which offices shall be under the charge of the said state highway engineer and shall be kept open at such times as the business of the commission and the convenience of the public shall require. Such offices shall be conveniently and properly furnished and shall be the repository for all records of the commission.
History:
Laws 1917, ch. 38, § 4; C.S. 1929, § 64-305; 1941 Comp., § 58-204; 1953 Comp., § 55-2-4.
ANNOTATIONS
Superintendent of public buildings and property.
— For present provisions regarding the control, care and custody of the building in which the legislature sits by the legislative council,
see
2-3-4 and 2-3-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-10 - Meetings; oaths; seal; policy.

It is the duty of the state transportation commission to hold meetings at such times and for such periods as it deems essential to the proper carrying out of the provisions of Chapter 67 NMSA 1978. The members shall have power to administer oaths, and the commission shall have a common seal. It is the duty of the commission to consider and determine at its meetings all questions relating to the general policy of the commission and the conduct of the work in general; to receive and consider, at such times as it may elect, the annual report of the secretary; and to act in all matters relating to the recommendations, reports and such other matters as it finds advisable to submit to the governor or to the legislature; provided, however, that any reports or information shall be furnished to the governor by the commission upon his request.
History:
Laws 1917, ch. 38, § 6; C.S. 1929, § 64-307; 1941 Comp., § 58-205; 1953 Comp., § 55-2-5; 2003, ch. 142, § 32.
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".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways §§ 56, 59.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-11 - Rule-making power.

The state transportation commission is hereby authorized to make all rules and regulations as may be necessary to carry out the provisions of Chapter 67 NMSA 1978.
History:
Laws 1917, ch. 38, § 20; C.S. 1929, § 64-321; 1941 Comp., § 58-206; 1953 Comp., § 55-2-6; 2003, ch. 142, § 33.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; 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 §§ 209, 210.
39A C.J.S. Highways § 157.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 117, § 3A repeals 67-3-13 NMSA 1978, as enacted by Laws 1909, ch. 42, § 3, relating to general charge and supervision of highways, effective March 28, 1989. For present comparable provisions,
see
67-3-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-15 - [Duty to advise towns, villages and counties; highway system for state.]

The commission shall, when requested, advise towns, villages and counties with regard to the construction and maintenance of any road or bridge, and shall select, lay out and construct a system of prospective state highways.
History:
Laws 1912, ch. 54, § 3; Code 1915, § 2633; C.S. 1929, § 64-327; 1941 Comp., § 58-210; 1953 Comp., § 55-2-10.
ANNOTATIONS
Cross references.
— For establishment of department of transportation,
see
67-3-6 NMSA 1978.
No authority to designate city underpass as state highway.
— The commission is not authorized by this section, 67-2-4, 67-3-16 or 67-3-41 NMSA 1978 to designate as a state highway an underpass in a city not part of or intended to be part of a state highway.
Springer Transfer Co. v. City of Albuquerque
, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 3 - State Transportation Commission › Section 67-3-16 - [General duty to construct, repair and maintain highways.]

It shall be the duty of such commission to construct, repair and maintain, at the expense of the state either wholly or in part, such public roads and highways, within the state, as in their judgment will best subserve the interest of the general public, looking to the construction and maintenance of a complete system of highways in the state.
History:
Laws 1909, ch. 42, § 4; Code 1915, § 2638; C.S. 1929, § 64-331; 1941 Comp., § 58-211; 1953 Comp., § 55-2-11.
ANNOTATIONS
Cross references.
— For establishment of department of transportation,
see
67-3-6 NMSA 1978.
Purpose of commission.
— The paramount purpose of the creation of the commission was to subserve the public interest, in construction and maintenance of a complete system of highways in the state.
Gallegos v. Conroy
, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
Public necessity of right of way not obviated by donation.
— Merely because an individual gratuitously gave to the state a right of way does not negative the public necessity thereof.
Gallegos v. Conroy
, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
Commission, not courts, to determine highway necessity.
— Need or requirement for construction of a particular piece of highway is a matter to be determined by the commission and not by the courts.
Gallegos v. Conroy
, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
No authority to designate city underpass as state highway.
— The commission is not authorized by this section, 67-2-4, 67-3-15 or 67-3-41 NMSA 1978 to designate an underpass in a city as a state highway.
Springer Transfer Co. v. City of Albuquerque
, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.
Power to improve road.
— Until the commission certifies back to a county or municipality a section of road it has been using as part of the state highway system, and for which an alternative route has been adopted, it has the power to improve such section under 67-3-14, 67-3-16, 67-3-26, 67-3-31 and 67-3-40 NMSA 1978. 1934 Op. Att'y Gen. No. 34-797.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 64 to 69.
Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 A.L.R.4th 532.
Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way, 21 A.L.R.4th 1309.
Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 A.L.R.4th 1200.
Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342.
Governmental tort liability as to highway median barriers, 58 A.L.R.4th 559.
Governmental tort liability for detour accidents, 1 A.L.R.5th 163.
40 C.J.S. Highways § 179.