[Investigations and experiments; reports; cooperation of state educational institutions; costs; publications.]

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The commission shall conduct such investigations and experiments as in its judgment may tend to the benefit of highway construction in the state, and make reports thereof to the governor, and may cooperate with state or national organizations in experiments and work for the advancement of highway construction. It shall cause investigations and tests of road materials to be made within the various counties of the state until a sufficient knowledge is obtained of the location and availability of all materials suitable for road building, and in such investigations and tests may call upon and utilize any of the officers, employes [employees], equipment or resources of any of the state educational institutions. Provided, however, that the actual cost of such tests or investigations made by any institution shall be borne by the state and paid from the state road fund. The commission may issue and circulate such bulletins, pamphlets and literature as it may deem necessary.

History: Laws 1912, ch. 54, § 4; Code 1915, § 2634; C.S. 1929, § 64-328; 1941 Comp., § 58-213; 1953 Comp., § 55-2-13.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Right of commissioners to discuss issues in open meetings. — Although the power to make investigations and report thereon to the governor is unquestioned, under the broad and general authority of N.M. Const., art. V, § 14, there is no restriction on the right of the commission to discuss any of its responsibilities or problems in open meeting, and, inasmuch as under the democratic system it is important that the public be informed concerning the conduct of official business generally, an immunity otherwise enjoyed is not altered by the fact that a meeting was open and newspaper representatives were in attendance. Adams v. Tatsch, 1961-NMSC-085, 68 N.M. 446, 362 P.2d 984.

Funding of investigation legal. — Commission of the state of New Mexico may legally set aside highway funds to be spent at the discretion of the legislative finance committee to pay for an investigation of the operations of the New Mexico highway department. 1959 Op. Att'y Gen. No. 59-171.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 59, 62.


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