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 governing the method of construction, improvement and maintenance of state highways and bridges and compel compliance with the laws, 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.

History: Laws 1912, ch. 54, § 2; Code 1915, § 2632; C.S. 1929, § 64-326; 1941 Comp., § 58-209; 1953 Comp., § 55-2-9; 1981, ch. 359, § 1; 1989, ch. 117, § 1; 2003, ch. 142, § 35.

Cross references. — For creation of state highway department, see 67-3-6 NMSA 1978.

The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in the section heading and in Subsections A and B; and deleted "of highway and transportation" following "secretary" in Subsection B.

Temporary provisions. — Laws 2003, ch. 142, § 97, effective July 1, 2003, provides that all references in law to the state highway commission shall be deemed to be references to the state transportation commission. All references in law to the state highway and transportation department shall be deemed to be references to the department of transportation. All references in law to the secretary of highway and transportation shall be deemed to be references to the secretary of transportation.

The 1989 amendment, effective March 28, 1989, in Subsection A substituted the present language for the former first sentence, which read: "The commission shall have charge of all matters pertaining to the expenditure of the state road fund in the construction, improvement and maintenance of public roads and bridges in the state and shall do all things necessary and expedient in the exercise of such supervision" and deleted the former second and third sentences, relating to employment of personnel; in Subsection B rewrote the first sentence and added the second sentence; and in Subsection C substituted "secretary of highway and transportation" for "chief highway administrator" and made minor stylistic changes.

The 1981 amendment added the catchline, designated the formerly undesignated two paragraphs as Subsections A and B, added Subsection C and, in Subsection B, substituted "employees" for "employes" twice in the first sentence and in the second sentence and "The" for "Said" in the third sentence and deleted "and" preceding "compel" and following "effect;" in the third sentence. Laws 1981, ch. 359, contains no effective date provision but was enacted at the session which adjourned on March 21, 1981. See N.M. Const., art. IV, § 23.

Compiler's notes. — Some of the following annotations are taken from cases decided prior to the 1981 and 1989 amendments.

The courts have subject matter jurisdiction to review a claim that the state transportation commission is acting in excess of its delegated authority. Piedra, Inc. v. N.M. Transp. Comm'n, 2008-NMCA-089, 144 N.M. 382, 188 P.3d 106, cert. denied, 2008-NMCERT-005, 144 N.M. 331, 187 P.3d 677.

Pre-1989 responsibilities. — The greater supervisory responsibilities contemplated by this section prior to the 1989 amendment included more than issuing regulations. Those responsibilities could have included supervising a county's actual day-to-day maintenance of a roadway. Romero v. State, 1991-NMSC-071, 112 N.M. 332, 815 P.2d 628.

County roads constructed with aid of state moneys. — The department has the responsibility for maintenance of state highways. The counties have responsibility for maintenance of purely county roads. For the intermediate case - county roads that are constructed or maintained in whole or in part by the aid of state moneys - maintenance is a county responsibility, but under the general charge and supervision of the department, which may promulgate rules and regulations for that purpose. Romero v. State, 1991-NMCA-042, 112 N.M. 291, 814 P.2d 1019.

Commission control over state road fund, generally. — The commission may order all or any part of the state road fund to be drawn from the state treasury to be disposed of as it directs in the construction, improvement and maintenance of public roads and bridges. State Highway Comm'n v. Sargent, 1915-NMSC-065, 20 N.M. 577, 151 P. 232.

General policy of legislation has been to centralize control of the state highways in the commission, leaving control of purely local county roads with the board of county commissioners. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

When designation of city underpass as state highway not permitted. — The commission may not designate as a state highway an underpass in a city, 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.

Removal of road signs. — A private citizen has no such interest in the maintenance of a highway and the route signs placed thereon by the commission as to enable him to maintain suit to enjoin their removal. Tomlin v. Town of Las Cruces, 1934-NMSC-021, 38 N.M. 247, 31 P.2d 258.

State transportation commission has power to employ special counsel to advise and assist it in the performance of its duties. State v. Davidson, 1929-NMSC-016, 33 N.M. 664, 275 P. 373.

Commission to determine necessity for construction of road. — Whether the construction of a Y road is necessary to connect two main trunk highways is to be determined by the commission and not the courts. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Cannot determine geographic course. — The territorial roads commission was directed to cooperate with the various boards of county commissioners in the construction of highways, but the commissioners were not vested with power to regulate the geographic course of such highways. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Commission insurance requirements evidence desire to provide compensation for bodily injury and property damage, the contractor's employees are compensated by workmen's (workers') compensation, and members of the public in general are compensated by the public liability insurance. The policy of the commission is not to indemnify employees under Hockett v. Chapman, 1961-NMSC-163, 69 N.M. 324, 366 P.2d 850, interpretation of the workmen's (workers') compensation law permitting actions against coemployees. Chavez v. Pino, 1974-NMCA-071, 86 N.M. 464, 525 P.2d 391.

Mandamus dismissed since no evidence of acceptance or maintenance. — Mandamus to compel board of county commissioners to remove obstructions from land purportedly part of public highway system must be dismissed in absence of proof of acceptance of dedication or at least a partial maintenance by public funds. State ex rel. Shelton v. Board of Comm'rs, 1945-NMSC-027, 49 N.M. 218, 161 P.2d 212.

Commission, not counties, to expend bond proceeds. — The commission has full authority to establish a system of state highways, and the proceeds of state highway bonds must be expended by the commission [state transportation commission] and not by counties. 1912 Op. Att'y Gen. No. 12-972.

Power to improve road. — Until the commission certifies back to the 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.

Purchasing of real estate for departmental division offices. — The department has statutory power to purchase real estate to be used for offices of a departmental division under the provisions of this section. 1952 Op. Att'y Gen. No. 52-5555.

Posting of signs. — On a road over which the commission has exclusive jurisdiction without regard whatsoever to obligations incurred to another governmental agency, the commission can grant or refuse permission to post signs. On such highways, the state soil conservation committee (now soil and water conservation commission) can make application subject to the discretion of the commission. 1958 Op. Att'y Gen. No. 58-99.

Permits to place signs of boundaries on rights of way. — The commission has the authority within its own discretion to grant or refuse permits to place signs of boundaries on highway rights of way. 1958 Op. Att'y Gen. No. 58-99.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 122.

39A C.J.S. Highways § 157.