N.M. Const. art. V, § 14
There is created a "state transportation commission". The members of the state transportation commission shall be appointed, shall have such power and shall perform such duties as may be provided by law. Notwithstanding the provisions of Article 5, Section 5 of the constitution of New Mexico, state transportation commissioners shall only be removed as provided by law. (As repealed and reenacted November 7, 1967; as amended November 5, 2002.)
The 2002 amendment, which was proposed by H.J.R. No. 27 (Laws 2001) and adopted at the general election held on November 5, 2002, by a vote of 216,751 for and 205,494 against, substituted "state transportation" for "state highway" in three places.
The 1967 amendment of this section, which was proposed by S.J.R. No. 3, § 1 (Laws 1967) and was adopted at the special election held on November 7, 1967, with a vote of 27,598 for and 25,338 against, repealed the former N.M. Const., art. V, § 14, and enacted the above section, creating a state highway commission to be appointed and removed and have such powers and duties as might be provided by law.
The 1955 amendment, which was proposed by S.J.R. No. 11 (Laws 1955) amended Subsection A of § 14 as it then read, to read:
"A. The state highway commission is empowered and charged with the duty of determining all matters of policy relating to the design, construction, location, and maintenance of state highways and public roads. It shall have general charge and supervision of all the highways and bridges which are constructed or maintained in whole or in part with state aid. It shall have charge, subject to such regulation as may hereafter be provided by law, of all matters pertaining to the expenditure of highway funds. It shall have the power to institute any legal proceedings deemed necessary to the exercise of its powers. It shall have all powers which are now or which may hereafter be conferred on it by law."
The 1949 amendment, which was proposed by H.J.R. No. 2 (Laws 1949) and was adopted by the people at a special election held on September 20, 1949, with a vote of 18,696 for and 9,618 against, added a Section 14 to N.M. Const., art. V. As adopted in 1949, the section read:
"A permanent commission to consist of five (5) members is hereby created, which shall be known as the 'state highway commission'.
"A. The state highway commission is empowered and charged with the duty of determining all matters of policy relating to state highways and public roads. It shall have general charge and supervision of all highways and bridges which are constructed or maintained in whole or in part with state aid. It shall have complete charge of all matters pertaining to the expenditure of state funds for the construction, improvement and maintenance of public roads and bridges. It shall have charge of all matters pertaining to highway employees. It shall have the power to institute any legal proceedings deemed necessary to the exercise of its powers. It shall have all powers which are now or which may hereafter be conferred on it by law.
"B. There are hereby created five (5) highway commission districts as follows, to wit:
"District No. 1 which shall be composed of the counties of Catron, Socorro, Grant, Sierra, Dona Ana, Luna and Hidalgo.
"District No. 2 which shall be composed of the counties of Lea, Eddy, Chaves, Roosevelt, Curry, De Baca, Lincoln and Otero.
"District No. 3 which shall be composed of the counties of San Juan, McKinley, Valencia, Sandoval and Bernalillo.
"District No. 4 which shall be composed of the counties of Colfax, Union, Mora, Harding, San Miguel, Quay and Guadalupe.
"District No. 5 which shall be composed of the counties of Rio Arriba, Taos, Santa Fe, Torrance and Los Alamos.
"The state legislature in the event of the creation of any new county or counties, shall have the power to attach any such county or counties to any of the above districts to which said county or counties may be contiguous.
"C. The members of the commission shall be appointed by the governor with the advice and consent of the senate for overlapping terms of six (6) years each. One member shall be appointed from each of the five (5) aforesaid highway commission districts and such member shall reside in the district from which he shall be appointed. Change of residence of a highway commissioner to a place outside of the highway district from which he was appointed shall automatically terminate the term of such commissioner. No more than three (3) of the said commissioners shall belong to the same political party. Each of the said commissioners, 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 ($25,000.00) conditioned upon the faithful performance of his duties.
"The governor shall submit the appointment of commissioners to the state senate for confirmation not later than the 5th day of each regular session of the legislature. A three-fifths (3/5's) vote of the senate shall be required for confirmation. The appointment of such commissioner or commissioners shall become effective upon the date of confirmation by the senate and no commissioner shall be appointed in any event without confirmation of the senate except that commissioners may be appointed by a majority of the remaining members of the highway commission, to fill vacancies until the next regular session of the legislature, at which time an appointment shall be made for the balance of the unexpired term.
"In the event the governor should refuse or fail to submit the highway commissioners to the senate for confirmation in the manner above provided, the senate shall appoint and confirm the highway commissioners.
"The members first appointed shall determine by lot from among their group two (2) members to serve two (2) year terms, two (2) members to serve six (6) year terms, and one (1) member to serve a four (4) year term.
"D. Highway commissioners shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such commissioner. The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove highway commissioners under such rules as it may promulgate and its decision in connection with such matters shall be final.
"The state highway commission shall appoint a competent chief highway engineer, who shall be chief administrator of the highway commission and shall have charge of the hiring and firing of employees of the highway commission subject to the control and supervision of the highway commission." Section 2 of the resolution provided that the amendment should become effective the January 1st next following its adoption and that the governor should submit his appointments to the senate for confirmation at the next regular session of the legislature, which was the 1951 session.
Compiler's notes. — An amendment proposed by S.J.R. No. 17, § 1 (1959), which would have added a Section 15 to this article, concerning location of state offices, was submitted to the people at the general election held on November 8, 1960. It failed to pass because it did not receive the necessary majority.
An amendment proposed by S.J.R. No. 2, § 2 (Laws 1959), which would have added a new and separate section to this article, concerning terms of state officers, was submitted to the people at the general election held on November 8, 1960. It failed to pass because it did not receive the necessary majority.
An amendment proposed by S.J.R. No. 13, § 2 (Laws 1961), which would have added a new and separate section to this article, concerning terms of state officers, was submitted to the people at the special election held on September 19, 1961. It was defeated by a vote of 22,377 for and 29,483 against.
An amendment to this section proposed by H.J.R. No. 4, § 1 (Laws 1961), relating to the appointment of highway commissioners, was submitted to the people at the special election held on September 19, 1961. It was defeated by a vote of 24,658 for and 25,658 against.
An amendment proposed by S.J.R. No. 18, § 1 (Laws 1963), which would have repealed and reenacted a new Section 14 to provide for highway director and highway commission, was submitted to the people at the general election held on November 3, 1964. It was defeated by a vote of 54,547 for and 63,306 against.
Sections 67-3-2 to 67-3-8 NMSA 1978, enacted by Laws 1967, ch. 266, and based upon the adoption of the repeal and reenactment of art. V, § 14 proposed by S.J.R. No. 3, § 1 (Laws 1967), took effect when the constitutional provision was adopted November 7, 1967.
An amendment proposed by H.J.R. No. 2 (Laws 1993), which would have substituted "state transportation commission" for "state highway commission", was submitted to the people in the general election held on November 8, 1994. It was defeated by a vote of 174,276 for and 223,455 against.
Cross references. — For legislation relating to appointment, removal and powers of the state transportation commission, and creating a department of transportation exercising much of the authority formerly vested in the commission, see 67-3-2, 67-3-6 and 67-3-12 NMSA 1978.
For rule governing removal of public officials where jurisdiction has been conferred on the supreme court, see Rule 12-604 NMRA.
Privileges and immunities. — Individual members of the New Mexico highway commission, while participating in a meeting thereof, enjoy all the privileges and immunities of the body as a whole. Adams v. Tatsch, 1961-NMSC-085, 68 N.M. 446, 362 P.2d 984 (case decided prior to 1967 repeal and reenactment of this section).
Powers of state transportation commission formerly. — The state highway commission [state transportation commission], created by this section as it read prior to its 1967 repeal and reenactment, was empowered and charged with the duty of determining all matters of policy relating to state highways and given general charge and supervision of all of highways and bridges; it had complete charge of all matters pertaining to the expenditure of state funds for the construction and maintenance of public roads and bridges. State ex rel. State Hwy. Comm'n v. City of Albuquerque, 1960-NMSC-110, 67 N.M. 383, 355 P.2d 925.
Removal proceedings moot. — Since the constitutional provision creating the office of highway commissioner and setting forth details concerning it was repealed in 1967, and provision made for a new commission which, to become operative, had to be implemented by legislation which might or might not create a similar or comparable body, a commissioner whose removal was being attempted prior to the 1967 repeal and reenactment did not thereafter still hold the same office from which his removal was being attempted; hence, the court's jurisdiction over the removal proceeding was terminated and the action itself became moot. In re Thaxton, 1968-NMSC-014, 78 N.M. 668, 437 P.2d 129.
Injunctive relief. — Petition brought by state highway commission [state transportation commission], seeking injunctive relief to compel removal of encroachments from a highway right-of-way, stated a cause of action, and the city in which the portion of the highway in question was located was not an indispensable party to the cause. State ex rel. State Hwy. Comm'n v. Ford, 1964-NMSC-037, 74 N.M. 18, 389 P.2d 865 (case decided under this section as it read prior to the 1969 repeal and reenactment).
Office of highway commissioner is a "civil office" within the meaning of N.M. Const., art. IV, § 28, limiting appointment of legislators to civil office. 1957 Op. Att'y Gen. No. 57-20 (opinion rendered prior to 1967 repeal and reenactment of this section).
Law reviews. — For article, "An Administrative Procedure Act For New Mexico," see 8 Nat. Resources J. 114 (1968).
For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967).
For comment, "Constitutional Law - Delegation of Power - New Mexico Bypass Law," see 4 Nat. Resources J. 160 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 13.
39A C.J.S. Highways §§ 154, 155, 157.