State transportation commissioners; number; appointment; powers; term of office; bond.

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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 duties. No more than four of the appointed commissioners shall belong to the same political party.

D. The state transportation commission shall have the power to determine all matters of policy for the department.

History: 1953 Comp., § 55-2-1.1, enacted by Laws 1967, ch. 266, § 1; 1983, ch. 305, § 1; 1989, ch. 67, § 1; 2003, ch. 142, § 27.

ANNOTATIONS

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

The 2003 amendment, effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading; substituted "transportation commission" for "highway commission" in Subsections A and D; and substituted "State transportation commissioners" for "The highway commissioners holding office on the effective date of this act shall serve out the remainder of their unexpired terms and" in Subsection B.

The 1989 amendment, effective June 16, 1989, added "for the department" at the end of Subsection D.

The 1983 amendment substituted "six" for "five" in Subsection A and substituted "four" for "three" in the last sentence of Subsection C.

Effective dates. — Laws 1983, ch. 305, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 13 to 21, 34, 207.

39A C.J.S. Highways §§ 56, 164.


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