The secretary shall:

A. serve as the chief staff officer of the state transportation commission and shall be responsible to the commission for the operations and management of the work of the department;

B. organize the department in such a manner as to properly conduct the work of the department;

C. establish six highway construction districts with the approval of the state transportation commission. The secretary shall designate a district engineer in each construction district to supervise and manage the operations of the district. The district engineer shall be a professional engineer. The authority and responsibility for the actual construction for all construction projects within the district shall be delegated to the district engineer. District engineers shall attend state transportation commission meetings;

D. in accordance with the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978], employ such assistants and employees as may be required for the efficient operation of the department, each of whom shall possess all the qualifications that may be prescribed for such position; provided that, notwithstanding the provisions of the Personnel Act, no more than five division directors shall be covered by and subject to the Personnel Act;

E. observe, administer and enforce the provisions of law now existing or hereafter enacted that pertain to the state highways, the state transportation commission or the department; and

F. ensure that any behavioral health services, including mental health and substance abuse services, provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978.

History: 1953 Comp., § 55-2-1.7, enacted by Laws 1967, ch. 266, § 7; 1977, ch. 251, § 4; 1983, ch. 305, § 3; 1987, ch. 344, § 1; 1987, ch. 345, § 1; 2003, ch. 142, § 31; 2004, ch. 46, § 14.

The 2004 amendment, effective May 19, 2004, added new Subsection F.

The 2003 amendment, effective July 1, 2003, substituted "secretary" for "engineer" in the section heading; substituted "secretary" for "state highway engineer" and "state transportation commission" for "state highway commission" throughout the section; and deleted "state highway" preceding "department" in Subsections A, B, D and E.

The 1987 amendments. — Laws 1987, ch. 344, § 1, effective June 19, 1987, deleting the former last sentence of Subsection C which read "District engineers shall attend state highway commission meetings", was approved April 10, 1987. However, Laws 1987, ch. 345, § 1, effective April 10, 1987, inserting the proviso clause in Subsection D, but not including the deletion made in Laws 1987, ch. 344, § 1, was approved later on April 10, 1987. The section was set out as amended by Laws 1987, ch. 345, § 1. See 12-1-8 NMSA 1978.

The 1983 amendment inserted "state highway" preceding "commission" in Subsection A and in the first sentence of Subsection C, inserted "state highway" preceding "department" in Subsection A, in Subsection B, and in Subsection D; and substituted "six" for "five" in the first sentence of Subsection C.

The 1977 amendment inserted "of the work" in Subsection A, substituted "with the approval of the commission" for "which shall be coextensive with the highway commission districts" in the first sentence of Subsection C and deleted "State" preceding "Personnel Act" in Subsection D.

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

Personnel Act. — See 10-9-1 NMSA 1978 and notes thereto.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 162.