NMAGO 04-04.

• Case Date: August 13, 2004
• Court: New Mexico

New Mexico Attorney General Opinions 2004. NMAGO 04-04. August 13, 2004OPINION OF PATRICIA A. MADRID Attorney General Opinion No. 04-04BY: Elizabeth A. Glenn Assistant Attorney General TO: The Honorable Rory OgleState Representative2500 Algodones, NEAlbuquerque, NM 87112-1809 CC: The Honorable Ben D. Altamirano, State SenatorChair, Legislative Finance Committee1123 Santa Rita Street Silver City, NM 88061Rhonda Faught, Secretary New Mexico Department of Transportation P.O. Box 1149 Santa Fe, NM 87504-1149 QUESTION: May the New Mexico Department of Transportation ("NMDOT") use money from the State Road Fund to purchase a passenger plane for general use by the state?CONCLUSION: The New Mexico Department of Transportation may not use money in the State Road Fund to purchase a passenger airplane for general use by state government agencies, officials and employees. FACTS: In May 2004, the State Transportation Commission authorized a budget adjustment request to the State Budget Division of the Department of Finance and Administration that proposed transferring $4 million from the State Road Fund to the Department's Aviation Division. See BAR #29, New Mexico Department of Transportation, 2004-2004 Fiscal Year (May 19, 2004). The purpose of BAR #29 was to "provide assistance to the General Services Department in the replacement of an aging state aircraft due to maintenance and safety concerns." The airplane will be used to "transport government officials within, but not limited to, the State of New Mexico," and "by State of New Mexico agencies, commissions, institutions and employees as allowed by law." NMDOT Request for Proposals, p. 4 (July 16, 2004). NMDOT has issued a Request for Proposals ("RFP") for the airplane and we understand that two finalists have been selected. According to the RFP, the contract for the acquisition of the airplane may be awarded as soon as August 16, 2004. Once the airplane is purchased, NMDOT plans to transfer it to the General Services Department ("GSD") under a Memorandum of Understanding. The State Aircraft Act requires that all state airplanes used primarily to transport passengers be consolidated in and owned by GSD. See NMSA 1978, §§ 15-9-2, 15-9-3. DISCUSSION: By statute, the State Transportation Commission "has charge of all policy matters pertaining to the expenditure of the...