A. The department shall be under the control of an executive officer to be known as the "secretary". The secretary shall have all powers necessary for the efficient management of the department. Except for the powers expressly granted to the state transportation commission by Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978, the secretary shall have all powers granted by law to the state transportation commission or the state transportation commissioners.
B. The secretary shall devote his entire time to his duties and shall receive an annual salary set by the commission. A secretary, during his period of service, shall not hold any other office under the laws of this state or of the United States.
History: 1953 Comp., § 55-2-1.6, enacted by Laws 1967, ch. 266, § 6; 1977, ch. 251, § 3; 1978, ch. 1, § 2; 2003, ch. 142, § 30.
The 2003 amendment, effective July 1, 2003, substituted "Secretary of Transportation" for "State Highway Engineer" in the section heading; substituted "secretary" for "state highway engineer" in Subsections A and B; in Subsection A, substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978" for "this 1978 act and by Section 55-2-1.1 NMSA 1953".
The 1978 amendment, in the last sentence of Subsection A, capitalized the word "Except," inserted "by this 1978 act and" preceding the statutory reference and substituted "the state highway engineer" for "and he"; deleted former Subsection B which read: "The state highway engineer shall be appointed by the highway commission with the consent of the governor"; redesignated former Subsection C as present Subsection B and deleted former Subsection D which read: "The state highway engineer shall execute a bond in the penal sum set by the state board of finance, conditioned for the faithful performance of his duties, which bond shall be approved by the commission. The cost of the bond shall be paid by the highway department as part of the operating cost of the department and it shall be filed with the secretary of state."
The 1977 amendment substituted the specific statutory reference for "Section 1" in the second sentence of Subsection A, added "with the consent of the governor" at the end of Subsection B and in Subsection C, deleted the former first sentence which read "The state highway engineer shall be a professional engineer" and substituted "the state highway engineer" for "he" in the present first sentence.
State highway engineer (now secretary of transportation) is not subject to transfer provisions of 10-7-1 NMSA 1978. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 162.
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