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SENATE BILL 478
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Joshua A. Sanchez
AN ACT
RELATING TO AVIATION; CREATING THE STATE AVIATION COMMISSION;
TASKING THE COMMISSION WITH DETERMINING MATTERS OF POLICY FOR
THE AVIATION DIVISION; ADMINISTRATIVELY ATTACHING THE AVIATION
DIVISION AND THE STATE AVIATION COMMISSION TO THE DEPARTMENT OF
TRANSPORTATION; ASSIGNING DUTIES AND POWERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Aviation Act is enacted
to read:
"[NEW MATERIAL] STATE AVIATION COMMISSION--CREATION--
APPOINTMENT--POWERS.--
A. The "state aviation commission" is created and,
in accordance with the provisions of Section 9-1-7 NMSA 1978,
is administratively attached to the department. The commission
consists of five commissioners: the secretary and, to be
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appointed by the governor with the advice and consent of the
senate, two current or former New Mexico airport managers and
two federal aviation administration-certified pilots, all four
of whom shall serve at the pleasure of the governor and shall
be at least twenty-one years of age and a resident of New
Mexico.
B. The first meeting of the commission shall be
called within ninety days of the effective date of this 2025
act by the secretary, at which meeting the commissioners shall
select a chair and a vice chair from among themselves.
Thereafter, the commission shall meet not less than quarterly
at the call of the chair or a request of three-fifths of its
membership to carry out the commission's duties. Meetings
shall be conducted in accordance with the Open Meetings Act and
at a public location. The meeting location, date and agenda
shall be published electronically and in a newspaper of general
circulation not less than ten days prior to a meeting.
C. A majority of the members constitutes a quorum
for the transaction of business, and the support of a majority
of the quorum is required for adoption of any action. For
questions posed by a commissioner or the director outside of a
regularly constituted meeting, a majority vote is required, the
question shall be posed in writing at least ten days prior to
the vote and the vote shall be in writing and delivered to all
commissioners and the director. The director shall report
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within ten days of the vote to the commission about the
questions posed and results of votes.
D. The commissioners are entitled to receive per
diem and mileage as provided in the Per Diem and Mileage Act
and shall receive no other compensation, perquisite or
allowance. All salaries, per diem and contingent expenses
incurred by the commission shall be paid upon warrants of the
secretary of finance and administration, pursuant to vouchers
signed by the director.
E. The commission shall:
(1) determine all matters of policy for the
division; and
(2) employ a director of the division, with
the approval of the governor, who shall serve at the pleasure
of the commission and is exempt from the provisions of the
Personnel Act."
SECTION 2. Section 64-1-12 NMSA 1978 (being Laws 1963,
Chapter 314, Section 2, as amended) is amended to read:
"64-1-12. DEFINITIONS.--As used in the Aviation Act:
A. "aircraft" means airplane and helicopter;
B. "pilot" means any person participating in the
operation of an aircraft while it is in flight;
C. "passenger" means any person riding in an
aircraft except a pilot;
D. "department" means the department of
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transportation;
E. "division" means the aviation division of the
department;
F. "director" means the director of the division;
[and]
G. "secretary" means the secretary of
transportation; and
H. "commission" means the state aviation
commission."
SECTION 3. Section 64-1-13 NMSA 1978 (being Laws 1963,
Chapter 314, Section 5, as amended) is amended to read:
"64-1-13. AVIATION DIVISION--POWERS AND DUTIES.--The
division, in accordance with the provisions of Section 9-1-7
NMSA 1978, is administratively attached to the department and
shall exercise its functions independently of the department.
The division shall:
A. cooperate with all public and private agencies
and organizations, state, local and federal, to encourage and
advance aviation in this state;
B. assemble and distribute to the public
information relating to aviation, landing fields, beacons and
other matters pertaining to aviation and may accept federal
money made available for the advancement of aviation;
C. authorize expenditures of money from the state
aviation fund for construction, development and maintenance of
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public-use airport facilities, except airports serving
regularly scheduled interstate airlines using aircraft with a
maximum passenger capacity of more than one hundred seats or a
maximum payload capacity of more than twenty-five thousand
pounds, including rural landing fields and airstrips.
Expenditures shall be made according to the need for airport
facilities as determined by the division and in accordance with
commission policy;
D. operate under a director [appointed by the
secretary, with the approval of the governor ] who shall have an
aviation background and meet other qualifications prescribed by
the [secretary] commission;
E. [establish] adhere to and administer commission
policies for operation of the division;
F. promulgate rules for proper enforcement of
aviation laws;
G. provide for a surety bond, paid from the state
aviation fund, issued by a corporate surety company licensed to
do business in New Mexico, in an amount set by the state board
of finance, on a form approved by the attorney general,
conditioned upon the faithful performance of the duties of the
personnel of the division who expend or authorize the
expenditure of state funds;
H. have the following powers with respect to state
airports:
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(1) the division may, on behalf of and in the
name of the state, out of appropriations and other money made
available for such purposes, plan, construct, enlarge, improve,
maintain, equip and operate airports and air navigation
facilities, including the construction, equipment, maintenance
and operation at such airports of buildings and other
facilities for the servicing of aircraft or for the comfort and
accommodation of air travelers. For such purposes, the
division may, in the name of the state, by purchase, gift,
devise, lease or otherwise, acquire property, real or personal,
or any interest in property, including easements in airport
hazards or land outside the boundaries of an airport or airport
site, as are necessary to permit safe and efficient operation
of the airports or air navigation facilities. The division may
enter into any contracts necessary to the execution of the
powers granted it by this paragraph; and
(2) the division may accept, receive, receipt
for, disburse and expend federal money and other money, public
or private, made available to accomplish, in whole or in part,
any of the purposes of this subsection. All federal money
accepted under this subsection shall be accepted and expended
by the division upon such terms and conditions as are
prescribed by the United States. The division, on behalf of
the state, may enter into contracts with the United States or
with any person that may be required in connection with a grant
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or loan of federal money for airport or air navigation facility
purposes. All money received by the division pursuant to this
subsection is appropriated for the purpose for which the money
was made available, to be disbursed or expended in accordance
with the terms and conditions upon which the money was made
available; provided that nothing contained in this section
shall affect the power of a local government to contract with
the United States or any person in connection with a grant or
loan of money for airports or air navigation facilities in
accordance with the terms and conditions upon which the funds
were made available; [and ]
I. have the power to engage in planning for the
development of a system of public airports within the state;
J. submit its budget requests to the commission;
K. submit reports required of it by law or by the
governor through the commission; and
L. have the authority to purchase, own, operate,
maintain and replace as needed a propeller-driven aircraft not
to exceed a six-person capacity, including the pilot, to be
paid out of the state aviation fund and to be used solely for
purposes consistent with the provisions of the Aviation Act ."
SECTION 4. Section 64-1-14 NMSA 1978 (being Laws 1963,
Chapter 314, Section 6, as amended) is amended to read:
"64-1-14. DIRECTOR--POWERS AND DUTIES.--The director
shall:
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A. be the executive officer of the division;
B. with the consent of the [secretary ] commission,
employ necessary personnel, prescribe duties and fix
compensation of personnel ; and
C. administer the aviation laws of this state and
enforce the policies, rules and regulations of the division."
SECTION 5. Section 64-1-15 NMSA 1978 (being Laws 1963,
Chapter 314, Section 7, as amended) is amended to read:
"64-1-15. STATE AVIATION FUND.--
A. There is created in the state treasury the
"state aviation fund". All income to the state aviation fund
is appropriated to the division. Earnings from investment of
the fund shall be credited to the fund.
B. The amounts distributed to the state aviation
fund pursuant to Subsection C of Section 7-1-6.7 NMSA 1978
shall be used for the air service assistance program, including
planning, program administration, construction, equipment,
materials and maintenance of a system of airports, navigation
aids and related facilities. All other amounts distributed to
the state aviation fund, including collections by the division
for aircraft registration pursuant to the Aircraft Registration
Act, payments to the division pursuant to Sections 64-1-13 and
64-1-19 NMSA 1978 and reimbursements to the division from
federal aviation administration funds or from any other source
shall be used for planning and program administration,
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construction, equipment, materials and maintenance of a system
of airports, navigation aids and related facilities. All
expenditures shall be made in accordance with budgets approved
by the [department] commission. Balances in the state aviation
fund shall not be transferred and shall not revert to any other
fund."
SECTION 6. Section 64-1-19 NMSA 1978 (being Laws 1975,
Chapter 197, Section 2, as amended) is amended to read:
"64-1-19. AVIATION DIVISION--ADDITIONAL POWERS AND
DUTIES.--The division may:
A. contract with any agency of the federal
government to perform specified aviation services;
B. accept federal grants for the administration and
performance of such aviation services; and
C. employ necessary personnel and pay other
administrative costs from federal grant funds in accordance
with a budget approved by the commission and the department of
finance and administration without regard to other restrictions
or limitations imposed on the division's budget."
SECTION 7. TEMPORARY PROVISION--APPOINTMENT OF
COMMISSION.--By December 1, 2025 the governor shall appoint
initial commissioners of the state aviation commission.
SECTION 8. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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