New Mexico § 64-1-13 - Aviation division; powers and duties

§ 64-1-13. Aviation division; powers and duties

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 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; 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; E. establish 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: (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 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.