HOUSE BILL 50
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Luciano "Lucky" Varela
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO TRANSPORTATION; ADDRESSING THE REMOVAL OF STATE TRANSPORTATION COMMISSIONERS AND THE POWERS OF THE STATE TRANSPORTATION COMMISSION AND DEPARTMENT OF TRANSPORTATION; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
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 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] the member's duties. No more than four of the appointed commissioners shall belong to the same political party.
D. The state transportation commission shall have the limited power to determine [all matters] a matter of policy for the department to the extent that the matter of policy has not been established by law or the matter of policy has not been specifically addressed by an appropriation."
SECTION 2. Section 67-3-5 NMSA 1978 (being Laws 1967, Chapter 266, Section 4, as amended) is amended to read:
"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.] A member of the state transportation commission shall not be removed from office except for incompetence, neglect of duty or malfeasance in office. The removal of a member shall not be made without the prior approval of the senate."
SECTION 3. Section 67-3-6 NMSA 1978 (being Laws 1967, Chapter 266, Section 5, as amended) is amended to read:
"67-3-6. CREATION OF DEPARTMENT OF TRANSPORTATION--ASSUMPTION OF CERTAIN COMMISSION AUTHORITY AND DUTY.--
A. A department of government within the executive branch to be known as the "department of transportation" is established. [Except for the powers expressly granted to the state transportation commissioners in Chapter 67, Article 3 NMSA 1978, the department shall exercise all the power, authority and duty granted to the state transportation commission in Chapter 67 NMSA 1978. All references contained in the NMSA 1978, as amended, and which refer to the "state transportation commission" or "commissioners" shall, wherever appropriate, be construed to refer to or to mean the department as designated in this section.]
B. The authority granted to and duty imposed upon the state transportation commission are deemed granted to and imposed upon the department and references in the NMSA 1978, as amended, to the state transportation commission are deemed references to the department, except:
(1) the express authority to issue bonds and to promulgate rules;
(2) the limited authority to set policy for the department;
(3) references to the chair of the state transportation commission or to the state transportation commission regarding its own organization and administration; and
(4) where a provision of law expressly requires interaction between the state transportation commission and the department or secretary."
SECTION 4. Section 67-3-14 NMSA 1978 (being Laws 1912, Chapter 54, Section 2, as amended) is amended to read:
"67-3-14. STATE TRANSPORTATION COMMISSION--POWERS AND DUTIES--ROAD FUNDS.--
A. The state transportation commission has charge of [all policy matters pertaining to the expenditure of the state road fund in] the construction, improvement and maintenance of state highways and bridges in the state.
B. The state transportation commission may [also make rules and regulations] promulgate rules governing the method of construction, improvement and maintenance of state highways and bridges and compel compliance with the laws and rules [and regulations] relating to state highways and bridges. The commission shall have no duty to maintain or supervise the maintenance of roads that are not designated state highways or bridges.
C. The secretary shall have authority to expend state road funds and use state forces and equipment in an amount not to exceed ten thousand dollars ($10,000) for the purpose of restoring and preserving the public safety and welfare in any emergency involving a threat of injury to lives or property within areas under the control of the state or local governmental bodies."
SECTION 5. Section 67-3-22 NMSA 1978 (being Laws 1909, Chapter 42, Section 9, as amended) is amended to read:
"67-3-22. STATE TRANSPORTATION COMMISSION--DEPARTMENT--ANNUAL REPORT.--
A. The state transportation commission and the department shall, on or before the first day of [January] November of each year, make a report to the governor and the legislative finance committee of all business transacted by the commission and the department up to and including the thirtieth day of [November] September, showing an itemized statement of money received and disbursed.
B. The report shall include:
(1) the current status of the statewide transportation improvement plan and the statewide transportation improvement program required by 23 U.S.C. Section 135, as amended;
(2) a summary of the planning process, including the consultations, comparisons and considerations involved in developing the statewide transportation improvement plan and statewide transportation improvement program;
(3) a detailed explanation of the projects, strategies and services that were considered for inclusion in the statewide transportation improvement plan or statewide transportation improvement program but were not included and the reasons for their exclusion; and
(4) a detailed explanation of a financial plan considered to implement the statewide transportation improvement plan or statewide transportation improvement program if that financial plan has not been authorized by the legislature."
SECTION 6. Section 67-3-65.1 NMSA 1978 (being Laws 1983, Chapter 211, Section 40, as amended) is amended to read:
"67-3-65.1. STATE ROAD FUND DISTRIBUTION.--Upon appropriation, 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."
SECTION 7. REPEAL.--Section 67-3-70 NMSA 1978 (being Laws 1975, Chapter 343, Section 4, as amended) is repealed.
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