SENATE BILL 478

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Joshua A. Sanchez

 

 

 

 

 

AN ACT

RELATING TO AVIATION; CREATING THE STATE AVIATION COMMISSION; TASKING THE COMMISSION WITH DETERMINING MATTERS OF POLICY FOR THE AVIATION DIVISION; ADMINISTRATIVELY ATTACHING THE AVIATION DIVISION AND THE STATE AVIATION COMMISSION TO THE DEPARTMENT OF TRANSPORTATION; ASSIGNING DUTIES AND POWERS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Aviation Act is enacted to read:

     "[NEW MATERIAL] STATE AVIATION COMMISSION--CREATION--APPOINTMENT--POWERS.--

          A. The "state aviation commission" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the department. The commission consists of five commissioners: the secretary and, to be appointed by the governor with the advice and consent of the senate, two current or former New Mexico airport managers and two federal aviation administration-certified pilots, all four of whom shall serve at the pleasure of the governor and shall be at least twenty-one years of age and a resident of New Mexico.

          B. The first meeting of the commission shall be called within ninety days of the effective date of this 2025 act by the secretary, at which meeting the commissioners shall select a chair and a vice chair from among themselves. Thereafter, the commission shall meet not less than quarterly at the call of the chair or a request of three-fifths of its membership to carry out the commission's duties. Meetings shall be conducted in accordance with the Open Meetings Act and at a public location. The meeting location, date and agenda shall be published electronically and in a newspaper of general circulation not less than ten days prior to a meeting.

          C. A majority of the members constitutes a quorum for the transaction of business, and the support of a majority of the quorum is required for adoption of any action. For questions posed by a commissioner or the director outside of a regularly constituted meeting, a majority vote is required, the question shall be posed in writing at least ten days prior to the vote and the vote shall be in writing and delivered to all commissioners and the director. The director shall report within ten days of the vote to the commission about the questions posed and results of votes.

          D. The commissioners are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. All salaries, per diem and contingent expenses incurred by the commission shall be paid upon warrants of the secretary of finance and administration, pursuant to vouchers signed by the director.

          E. The commission shall:

                (1) determine all matters of policy for the division; and

                (2) employ a director of the division, with the approval of the governor, who shall serve at the pleasure of the commission and is exempt from the provisions of the Personnel Act."

     SECTION 2. Section 64-1-12 NMSA 1978 (being Laws 1963, Chapter 314, Section 2, as amended) is amended to read:

     "64-1-12. DEFINITIONS.--As used in the Aviation Act:

          A. "aircraft" means airplane and helicopter;

          B. "pilot" means any person participating in the operation of an aircraft while it is in flight;

          C. "passenger" means any person riding in an aircraft except a pilot;

          D. "department" means the department of transportation;

          E. "division" means the aviation division of the department;

          F. "director" means the director of the division; [and]

          G. "secretary" means the secretary of transportation; and

          H. "commission" means the state aviation commission."

     SECTION 3. Section 64-1-13 NMSA 1978 (being Laws 1963, Chapter 314, Section 5, as amended) is amended to read:

     "64-1-13. AVIATION DIVISION--POWERS AND DUTIES.--The division, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the department and shall exercise its functions independently of the department. The division shall:

          A. cooperate with all public and private agencies and organizations, state, local and federal, to encourage and advance aviation in this state;

          B. assemble and distribute to the public information relating to aviation, landing fields, beacons and other matters pertaining to aviation and may accept federal money made available for the advancement of aviation;

          C. authorize expenditures of money from the state aviation fund for construction, development and maintenance of public-use airport facilities, except airports serving regularly scheduled interstate airlines using aircraft with a maximum passenger capacity of more than one hundred seats or a maximum payload capacity of more than twenty-five thousand pounds, including rural landing fields and airstrips. Expenditures shall be made according to the need for airport facilities as determined by the division and in accordance with commission policy;

          D. operate under a director [appointed by the secretary, with the approval of the governor] who shall have an aviation background and meet other qualifications prescribed by the [secretary] commission;

          E. [establish] adhere to and administer commission policies for operation of the division;

          F. promulgate rules for proper enforcement of aviation laws;

          G. provide for a surety bond, paid from the state aviation fund, issued by a corporate surety company licensed to do business in New Mexico, in an amount set by the state board of finance, on a form approved by the attorney general, conditioned upon the faithful performance of the duties of the personnel of the division who expend or authorize the expenditure of state funds;

          H. have the following powers with respect to state airports:

                (1) the division may, on behalf of and in the name of the state, out of appropriations and other money made available for such purposes, plan, construct, enlarge, improve, maintain, equip and operate airports and air navigation facilities, including the construction, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. For such purposes, the division may, in the name of the state, by purchase, gift, devise, lease or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or air navigation facilities. The division may enter into any contracts necessary to the execution of the powers granted it by this paragraph; and

                (2) the division may accept, receive, receipt for, disburse and expend federal money and other money, public or private, made available to accomplish, in whole or in part, any of the purposes of this subsection. All federal money accepted under this subsection shall be accepted and expended by the division upon such terms and conditions as are prescribed by the United States. The division, on behalf of the state, may enter into contracts with the United States or with any person that may be required in connection with a grant or loan of federal money for airport or air navigation facility purposes. All money received by the division pursuant to this subsection is appropriated for the purpose for which the money was made available, to be disbursed or expended in accordance with the terms and conditions upon which the money was made available; provided that nothing contained in this section shall affect the power of a local government to contract with the United States or any person in connection with a grant or loan of money for airports or air navigation facilities in accordance with the terms and conditions upon which the funds were made available; [and]

          I. have the power to engage in planning for the development of a system of public airports within the state;

          J. submit its budget requests to the commission;

          K. submit reports required of it by law or by the governor through the commission; and

          L. have the authority to purchase, own, operate, maintain and replace as needed a propeller-driven aircraft not to exceed a six-person capacity, including the pilot, to be paid out of the state aviation fund and to be used solely for purposes consistent with the provisions of the Aviation Act."

     SECTION 4. Section 64-1-14 NMSA 1978 (being Laws 1963, Chapter 314, Section 6, as amended) is amended to read:

     "64-1-14. DIRECTOR--POWERS AND DUTIES.--The director shall:

          A. be the executive officer of the division;

          B. with the consent of the [secretary] commission, employ necessary personnel, prescribe duties and fix compensation of personnel; and

          C. administer the aviation laws of this state and enforce the policies, rules and regulations of the division."

     SECTION 5. Section 64-1-15 NMSA 1978 (being Laws 1963, Chapter 314, Section 7, as amended) is amended to read:

     "64-1-15. STATE AVIATION FUND.--

          A. There is created in the state treasury the "state aviation fund". All income to the state aviation fund is appropriated to the division. Earnings from investment of the fund shall be credited to the fund.

           B. The amounts distributed to the state aviation fund pursuant to Subsection C of Section 7-1-6.7 NMSA 1978 shall be used for the air service assistance program, including planning, program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All other amounts distributed to the state aviation fund, including collections by the division for aircraft registration pursuant to the Aircraft Registration Act, payments to the division pursuant to Sections 64-1-13 and 64-1-19 NMSA 1978 and reimbursements to the division from federal aviation administration funds or from any other source shall be used for planning and program administration, construction, equipment, materials and maintenance of a system of airports, navigation aids and related facilities. All expenditures shall be made in accordance with budgets approved by the [department] commission. Balances in the state aviation fund shall not be transferred and shall not revert to any other fund."

     SECTION 6. Section 64-1-19 NMSA 1978 (being Laws 1975, Chapter 197, Section 2, as amended) is amended to read:

     "64-1-19. AVIATION DIVISION--ADDITIONAL POWERS AND DUTIES.--The division may:

          A. contract with any agency of the federal government to perform specified aviation services;

          B. accept federal grants for the administration and performance of such aviation services; and

          C. employ necessary personnel and pay other administrative costs from federal grant funds in accordance with a budget approved by the commission and the department of finance and administration without regard to other restrictions or limitations imposed on the division's budget."

     SECTION 7. TEMPORARY PROVISION--APPOINTMENT OF COMMISSION.--By December 1, 2025 the governor shall appoint initial commissioners of the state aviation commission.

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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