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.

History: 1953 Comp., § 55-2-1.5, enacted by Laws 1967, ch. 266, § 5; 1987, ch. 268, § 35; 2003, ch. 142, § 29.

Cross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14.

For radio communication property, ownership transferred to communications division, see 15-2-5 NMSA 1978.

The 2003 amendment, effective July 1, 2003, substituted "department of transportation" for "state highway and transportation" in the section heading and the section; substituted "state transportation commission" for "state highway commission" twice; and deleted "state highway and transportation" preceding "department" three times in the section.

The 1987 amendment, effective July 1, 1987, substituted "state highway and transportation department" for "state highway department" in three places; in the second sentence substituted "in Chapter 67, Article 3 NMSA 1978" for "herein"; updated two statutory references; and made minor changes in language and punctuation throughout the section.

Temporary provisions. — Laws 1997, ch. 52, § 8, effective July 1, 1997, provides that all personnel, appropriations, money of the state transportation authority shall be transferred to the state highway and transportation department [department of transportation] and all contracts, agreements and obligations of the state transportation authority shall be binding and effective on the state highway and transportation department [department of transportation].

Laws 2006, ch. 34, § 1, effective March 2, 2006, enacts a temporary provision that authorized the continued development of real property for the building or buildings designed and constructed to serve as the general office headquarters of the department in Santa Fe, including parking and related facilities and a multi-modal facility developed to accommodate train, bus and other forms of transportation as determined by the department provided the facilities not cost more than $90,000,000.

Laws 2006, ch. 34, § 2, effective March 2, 2006, enacts a temporary provision that authorizes continued development of real property at the district 5 location for district 5 facilities, a central materials laboratory, a vehicle maintenance facility, a vehicle fueling facility, a vehicle storage facility, a vehicle car wash, a signal laboratory, a sign shop and related facilities at the new district 5 site.

Appropriations. — Laws 1995, ch. 222, § 27, effective April 7, 1995, appropriates $2,031,000 from the general fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1995 through 1999 for various purposes.

Laws 1995, ch. 222, § 48, effective April 7, 1995, appropriates $416,700 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1996 and 1997 for the improvement of the Roswell and Milan district offices.

Laws 1996 (1st S.S.), ch. 4, § 34, effective April 1, 1997, appropriates $1,713,000 from the general fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1997 and 1998 for various purposes.

Laws 1996 (1st S.S.), ch. 4, § 39, effective March 21, 1996, appropriates $1,000,000 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1997 through 2000 for the purpose of completing the Santa Teresa border station in Dona Ana county.

Laws 1996 (1st S.S.), ch. 4, § 40, effective March 21, 1996, appropriates $478,700 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1997 through 2000 for the purpose of installing salt storage domes at patrol yards in the cities of Taos, Chama and Santa Fe.

Laws 1996, ch. 22, § 3 provides that the balance of the appropriation from the general fund to the state highway and transportation department [department of transportation] in § 27T of Chapter 222 of Laws 1995 is reauthorized and appropriated to the department of environment to repair and renovate the Golden Acres well in the village of Milan in Cibola county.

Laws 1998, ch. 7, § 31, effective February 17, 1998, appropriates $733,800 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 1998 through 2002 to acquire land, plan, design, construct and equip a maintenance patrol yard near Eagle Nest in Colfax county. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the state road fund.

Laws 1998, ch. 7, § 44, effective February 17, 1998, provides that the balance of the appropriation from the state road fund to the state highway and transportation department [department of transportation] for the purpose of installing salt storage domes at patrol yards in Taos located in Taos county, in Chama located in Rio Arriba county and in Santa Fe located in Santa Fe county pursuant to Laws 1996 (1st S.S.), ch. 4, § 40, shall not be expended for its original purpose but is appropriated to the state highway and transportation department [department of transportation] to purchase and install chemical de-icer storage units throughout the state.

Laws 1998, ch. 7, § 49, effective February 17, 1998, provides that the balance of the appropriation from the state road fund pursuant to Laws 1994, ch. 148, § 48B, to design and construct a highway from state road 117 to the observatory site in Cibola county shall not be expended for its original purpose but is appropriated to the state highway and transportation department [department of transportation] for infrastructure, construction and equipping an astronomy science center at Enchanted Skies park in Cibola county. The period of time in which this appropriation may be expended shall be extended through fiscal year 2002. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the state road fund.

Laws 1998, ch. 7, § 53, effective February 17, 1998, provides that the balance of the general fund appropriation made to the state highway and transportation department [department of transportation] pursuant to Laws 1996 (1st S.S.), ch. 4, § 34L, for the purpose of planning and designing archaeological, environmental and ethnographic assessments and preliminary design specifications for the Nenahnezad chapter school bus route improvements located in San Juan county shall not be expended for its original purpose but is appropriated to the state agency on aging to purchase a van for and equip and furnish the senior citizen center at Nenahnezad chapter in San Juan county.

Laws 2000 (2nd S.S.), ch. 23, § 32 appropriates $2,238,000 from the state road fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 2000 to 2004 for various projects. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the state road fund.

Laws 2000 (2nd S.S.), ch. 23, § 41, as amended by Laws 2003, ch. 429, §§ 58, 141, 149, appropriates various sums to the state highway and transportation department [department of transportation] for expenditure in fiscal years 2000 through 2005, for various projects. Any unexpended balance remaining at the end of fiscal year 2005 or other specified expenditure period shall revert to the general fund.

Laws 2000 (2nd S.S.), ch. 23, § 97 amends the purpose of the appropriations made by Laws 1996 (1st S.S.), ch. 4, § 34E and P so that those funds shall be used to make improvements to the south Florida street from Panorama to Desert Lake road in Otero county. The period of time in which this appropriation may be expended shall be extended through fiscal year 2004. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Laws 2001, ch. 198, § 3, effective April 3, 2001, appropriates $400,000 from the general fund to the state highway and transportation department [department of transportation] for expenditure in fiscal years 2001 and 2002 by the aviation division to carry out the provisions of this act for an air service assistance program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Laws 2003, ch. 385, § 10, effective April 8, 2003, appropriates $975, 500 from the general fund to the state highway and transportation department for various road improvements.

Laws 2006, ch. 111, 60, effective March 8, 2006, appropriates general funds to the department of transportation for expenditure in fiscal years 2006 through 2010 for specific projects throughout the state.

Laws 2007, ch. 2, § 30, effective March 1, 2007, appropriates funds from the general fund to the department of transportation for expenditure in fiscal years 2007 through 2011 for various capital outlay projects. Laws 2007, ch. 334, § 3, effective April 2, 2007, changes the amount, recipient and purpose of the general fund appropriations in Subsections 43, 44, 45 and 48 of Laws 2007, ch. 2, § 30.

Laws 2007, ch. 253, § 1, effective April 2, 2007, appropriates $3,000,000 from the general fund to the department of transportation for expenditure in fiscal years 2007 and 2008 to establish a pilot project to assess the use of tire spikes to prevent wrong-way traffic on highway off-ramps.

Laws 2007 (1st S.S.), ch. 3, § 3, effective June 15, 2007, appropriates $25,000,000 from the general fund to the department of transportation for expenditure in fiscal years 2007 through 2010 for completion of various projects.

Laws 2007 (1st S.S.), ch. 3, § 3, effective June 15, 2007, appropriates $10,000,000 from the general fund to the department of transportation for expenditure in fiscal years 2007 through 2010 for the southwest regional spaceport in Sierra county and for transportation improvements in Sierra county and Dona Ana county related to the spaceport.

Laws 2007 (1st S.S.), ch. 3, § 4, effective June 15, 2007, appropriates funds from the local government transportation fund to the department of transportation for various projects.

Laws 2008 (2nd S.S.), ch. 9, § 2, effective September 2, 2008, appropriated the following funds from the general fund to the department of transportation for expenditure for certain road projects enumerated in Laws 2003 (1st S. S.), ch. 3, § 27: $25,000,000 for expenditure in fiscal years 2009 through 2013, contingent upon certain general fund consensus revenue forecasts and $25,000,000 for expenditure in fiscal years 2010 through 2013, contingent upon certain general fund consensus revenue forecasts, plus $25,000,000 or $50,000,000 depending upon whether or not the contingency in the appropriation for fiscal years 2009 through 2010 was met.

Laws 2009, ch. 125, § 45, effective June 19, 2009, appropriated the following funds from the state road fund to the department of transportation for expenditure in fiscal years 2009 through 2013: $50,000 to replace the roof of the hilltop building in district 3 in Albuquerque in Bernalillo county; $100,000 for improvements and expansion of the administrative services facility in district 2, including electrical, mechanical and communications systems, in Roswell in Chaves county, $950,000 to plan, design and construct the patrol facility in district 5 in Tierra Amarilla in Rio Arriba county, and $350,000 for purchase, installation and construction of salt storage facilities statewide.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 32, 34.

39A C.J.S. Highways §§ 55 to 63.