44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO HIGHWAYS; PROVIDING THAT STATE HIGHWAY COMMISSIONERS BE APPOINTED FROM CONGRESSIONAL DISTRICTS.

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

Section 1. Section 67-3-2 NMSA 1978 (being Laws 1967, Chapter 266, Section 1, as amended) is amended to read:

"67-3-2. STATE HIGHWAY COMMISSIONERS--NUMBER--APPOINTMENT--POWERS--TERM OF OFFICE--BOND.--

A. The state highway commission shall consist of six members to be appointed by the governor with the advice and consent of the senate.

B. The state highway commissioners holding office on [the effective date of this act] July 1, 2001 shall serve out the remainder of their unexpired terms [and]. Thereafter, two members of the commission shall be appointed from each of the three congressional districts for six-year terms as provided in this subsection. For terms beginning on January 1, 2003, one commissioner shall be appointed from congressional district one and one commissioner shall be appointed from congressional district two. For terms beginning on January 1, 2005, one commissioner shall be appointed from congressional district one and one commissioner shall be appointed from congressional district three. For terms beginning on January 1, 2007, one commissioner shall be appointed from congressional district two and one commissioner shall be appointed from congressional district three. Thereafter, 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. Each member shall reside in the district from which he is appointed. A change of residence of a member to a place outside the district from which he was appointed shall disqualify that member from serving as a state highway commissioner and shall create a vacancy in that office. Any vacancy shall be filled by appointment [of] 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 highway commission shall have the power to determine all matters of policy for the department."

Section 2. REPEAL.--Section 67-3-3 NMSA 1978 (being Laws 1967, Chapter 266, Section 2, as amended) is repealed.