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Article V

Section 14. State highway commission.

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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.

There is created a "state highway commission". The members of the state highway 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 highway commissioners shall only be removed as provided by law.

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 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.

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 by 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.

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 he 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 and Torrance.
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 and confirmed by 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 he appointed in any event without confirmation by 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.