The governor shall appoint a secretary of transportation, with the approval of the state transportation commission and subject to the advice and consent of the senate. The secretary shall be in general charge of the work of the commission and be its active executive representative and shall serve as the representative of the department on the executive cabinet as provided for in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. The secretary shall take the usual oath and execute in favor of the state a bond in the sum of fifty thousand dollars ($50,000), of like character, with like sureties and for like purposes, to be approved and filed as prescribed in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. The premium of the bond shall be paid out of the state road fund.

History: 1953 Comp., § 55-2-15, enacted by Laws 1977, ch. 251, § 5; 1978, ch. 1, § 3; 1987, ch. 268, § 36; 2003, ch. 142, § 40.

Repeals and reenactments. — Laws 1977, ch. 251, § 5, repeals 55-2-15, 1953 Comp., relating to the appointment, duties, qualifications, etc., of the state highway engineer and enacts the above section.

The 2003 amendment, effective July 1, 2003, rewrote the section heading; and substituted "state transportation commission" for "state highway commission".

The 1987 amendment, effective July 1, 1987, in the first sentence substituted "secretary of highway and transportation" for "chief highway administrator" and inserted "state highway" preceding "commission" in the second sentence substituted "secretary" for "chief highway administrator" at the beginning and near the end substituted "state highway and transportation department" for "highway department," in the third sentence substituted "the Surety Bond Act" for "Section 51-1-1 NMSA 1953", and made minor changes in language and punctuation throughout the section.

The 1978 amendment substituted "governor" for "commission" and "the approval of the commission and subject to the advice and consent of the senate" for "the consent of the governor" in the first sentence, substituted "The chief highway administrator" for "who" at the beginning of the second sentence and deleted the former third sentence which read: "He shall receive an annual salary to be fixed by the commission and shall give his entire time and energy to the duties of his office, save as hereinafter provided."

When salary increases lawful. — When the salary increases granted are pursuant to the commission's personnel plan, such increases are lawful and the Personnel Act (10-9-1 to 10-9-25 NMSA 1978) is not applicable until commission employees are specifically included under the act. 1958 Op. Att'y Gen. No. 58-52 (rendered under former law).

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 § 56.