House Bill text for HB0317

HOUSE BILL 317

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Luciano "Lucky" Varela

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; TRANSFERRING THE PURCHASING DIVISION FROM THE GENERAL SERVICES DEPARTMENT TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION; CREATING THE STATE PERSONNEL DIVISION IN THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TRANSFERRING THE PERSONNEL BOARD AND THE STATE PERSONNEL OFFICE TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION; REPEALING SECTIONS 9-17-6 AND 10-9-11 NMSA 1978 (BEING LAWS 1983, CHAPTER 301, SECTION 6 AND LAWS 1977, CHAPTER 247, SECTION 47, AS AMENDED).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 9-6-3 NMSA 1978 (being Laws 1977, Chapter 247, Section 3, as amended) is amended to read:

"9-6-3. DEPARTMENT OF FINANCE AND ADMINISTRATION--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including but not limited to:

(1) the board of finance division;

(2) the financial control division;

(3) the local government division;

(4) the management and contracts review division; [and]

(5) the state budget division;

(6) the purchasing division; and

(7) the state personnel division, which shall be comprised of the personnel board and the state personnel office pursuant to the Personnel Act.

B. The secretary is empowered to organize the department and the divisions thereof specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy."

Section 2. Section 9-17-3 NMSA 1978 (being Laws 1983, Chapter 301, Section 3, as amended) is amended to read:

"9-17-3. GENERAL SERVICES DEPARTMENT--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

A. The "general services department" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including:

(1) the administrative services division;

(2) the building services division;

(3) the property control division;

[(4) the purchasing division;

(5)] (4) the risk management division; and

[(6)] (5) the transportation services division.

B. The secretary of general services is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency or economy."

Section 3. Section 10-9-3 NMSA 1978 (being Laws 1961, Chapter 240, Section 3) is amended to read:

"10-9-3. DEFINITIONS.--As used in the Personnel Act:

A. "director" [means the personnel director] or "personnel director" means the director of the state personnel division of the department of finance and administration;

B. "board" means the personnel board;

C. "service" means the state personnel service created by the Personnel Act and includes all positions covered by the Personnel Act;

D. "position" means any state office, job or position of employment;

E. "employer" means any authority having power to fill positions in an agency;

F. "agency" means any state department, bureau, division, branch or administrative group [which] that is under the same employer;

G. "class" means a group of positions similar enough in powers and responsibilities that they can be covered by the same qualifications and rate of pay;

H. "test" means a test of the qualifications, fitness and ability and includes tests that are written, oral, physical or in the form of a demonstration of skill or any combination thereof;

I. "employee" means a person in a position in the service who has completed [his] the probationary period for that position; and

J. "probationer" means a person in a position in the service who is still in the probationary period for that position."

Section 4. Section 10-9-8 NMSA 1978 (being Laws 1961, Chapter 240, Section 5, as amended) is amended to read:

"10-9-8. PERSONNEL BOARD--APPOINTMENT.--

A. The "personnel board" is created and shall be composed of five members, appointed by the governor and confirmed by the senate, who shall serve staggered terms of five years each with one board member's term expiring each year. No person shall be a member of the board or eligible for appointment to the board who is an employee in the service, holds political office or is an officer of a political organization.

B. The board is established in connection with the state personnel division of the department of finance and administration. The secretary of finance and administration, with the approval of the board, shall appoint a director of the division. This subsection shall not be construed to affect the exercise of any board power or duty nor shall it be construed as placing the board under the provisions of the Executive Reorganization Act or the provisions of Section 9-6-5 NMSA 1978."

Section 5. Section 10-9-10 NMSA 1978 (being Laws 1961, Chapter 240, Section 7, as amended) is amended to read:

"10-9-10. BOARD DUTIES.--The board shall:

A. promulgate regulations to effectuate the Personnel Act;

B. hear appeals and make recommendations to employers;

C. [hire, with the approval of the governor, a director] approve or disapprove the appointment by the secretary of finance and administration of a director of the state personnel division of the department of finance and administration experienced in the field of personnel administration;

D. review budget requests prepared by the director for the operation of the personnel program and make appropriate recommendations thereon;

E. make investigations, studies and audits necessary to the proper administration of the Personnel Act;

F. make an annual report to the governor at the end of each fiscal year;

G. establish and maintain liaison with the [general services] department of finance and administration; and

H. represent the public interest in the improvement of personnel administration in the system."

Section 6. Section 13-1-37 NMSA 1978 (being Laws 1984, Chapter 65, Section 10) is amended to read:

"13-1-37. DEFINITION--CENTRAL PURCHASING OFFICE.--"Central purchasing office" means that office or officer within a state agency or a local public body responsible for the control of procurement of items of tangible personal property, services or construction. "Central purchasing office" includes the purchasing division of the [general services] department of finance and administration and the state purchasing agent."

Section 7. Section 13-1-86 NMSA 1978 (being Laws 1984, Chapter 65, Section 59) is amended to read:

"13-1-86. DEFINITION--SECRETARY.--"Secretary" means the secretary of [general services] finance and administration."

Section 8. Section 13-1-90 NMSA 1978 (being Laws 1984, Chapter 65, Section 63) is amended to read:

"13-1-90. DEFINITION--STATE AGENCY.--"State agency" means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. "State agency" includes the purchasing division of the [general services] department of finance and administration and the state purchasing agent but does not include local public bodies."

Section 9. Section 13-1-92 NMSA 1978 (being Laws 1984, Chapter 65, Section 65) is amended to read:

"13-1-92. DEFINITION--STATE PURCHASING AGENT.--"State purchasing agent" means the director of the purchasing division of the [general services] department of finance and administration."

Section 10. Section 13-1-95 NMSA 1978 (being Laws 1984, Chapter 65, Section 68) is amended to read:

"13-1-95. PURCHASING DIVISION--CREATION--DIRECTOR IS STATE PURCHASING AGENT--APPOINTMENT--DUTIES.--

A. The "purchasing division" is created within the [general services] department of finance and administration.

B. Subject to the authority of the secretary, the state purchasing agent shall be the administrator and chief executive of the purchasing division. The state purchasing agent shall be appointed by the secretary with the approval of the governor.

C. The purchasing division and state purchasing agent shall be responsible for the procurement of services, construction and items of tangible personal property for all state agencies except as otherwise provided in the Procurement Code and shall administer the Procurement Code for those state agencies not excluded from the requirement of procurement through the state purchasing agent.

D. The state purchasing agent shall have the following additional authority and responsibility to:

(1) recommend procurement regulations to the secretary;

(2) establish and maintain programs for the development and use of procurement specifications and for the inspection, testing and acceptance of services, construction and items of tangible personal property;

(3) cooperate with the state budget division of the department of finance and administration in the preparation of statistical data concerning the acquisition and [usage] use of all services, construction and items of tangible personal property by state agencies;

(4) require state agencies to furnish reports concerning [usage] use, needs and stocks on hand of items of tangible personal property and [usage] use and needs for services or construction;

(5) prescribe, with consent of the secretary, forms to be used by state agencies to requisition and report the procurement of items of tangible personal property, services and construction;

(6) provide information to state agencies and local public bodies concerning the development of specifications, quality control methods and other procurement information; and

(7) collect information concerning procurement matters, quality and quality control of commonly used services, construction and items of tangible personal property.

E. The state purchasing agent shall, upon the request of the central purchasing office of a local public body, procure a price agreement for the requested services, construction or items of tangible personal property."

Section 11. Section 13-1-100.1 NMSA 1978 (being Laws 1997, Chapter 171, Section 3) is amended to read:

"13-1-100.1. CONSTRUCTION CONTRACTS--CONSTRUCTION MANAGEMENT SERVICES.--

A. A construction management services contract may be entered into for any construction or state or local public works project when a state agency or local public body makes a determination that it is in the public's interest to utilize construction management services. Construction management services shall not duplicate and are in addition to the normal scope of separate architect or engineer contracts, the need for which may arise due to the complexity or unusual requirements of a project as requested by a state agency or local public body.

B. To [insure] ensure fair, uniform, clear and effective procedures that will strive for the delivery of a quality project, on time and within budget, the secretary, in consultation with the secretary of general services and in conjunction with the appropriate and affected professional associations and contractors, shall promulgate [regulations] rules, which shall be adopted by the governing bodies of all using agencies and shall be followed by all using agencies when procuring construction management services as authorized in Subsection A of this section.

C. A state agency shall make the decision on a construction management services contract for a state public works project, and a local public body shall make that decision for a local public works project. A state agency shall not make the decision on a construction management services contract for a local public works project."

Section 12. Section 13-1-119.1 NMSA 1978 (being Laws 1997, Chapter 171, Section 5, as amended) is amended to read:

"13-1-119.1. PUBLIC WORKS PROJECT DELIVERY SYSTEM--DESIGN AND BUILD PROJECTS AUTHORIZED.--

A. Except for road and highway construction or reconstruction projects, a design and build project delivery system may be authorized when the state purchasing agent or a central purchasing office makes a determination in writing that it is appropriate and in the best interest of the state or local public body to use the system on a specific project with a maximum allowable construction cost of more than ten million dollars ($10,000,000). The determination shall be issued only after the state purchasing agent or a central purchasing office has taken into consideration the following criteria, which shall be used as the minimum basis in determining when to use the design and build process:

(1) the extent to which the project requirements have been or can be adequately defined;

(2) time constraints for delivery of the project;

(3) the capability and experience of potential teams with the design and build process;

(4) the suitability of the project for use of the design and build process as concerns time, schedule, costs and quality; and

(5) the capability of the using agency to manage the project, including experienced personnel or outside consultants, and to oversee the project with persons who are familiar with the design and build process.

B. When a determination has been made by the state purchasing agent or a central purchasing office that it is appropriate to use a design and build project delivery system, the design and build team shall include, as needed, a New Mexico registered engineer or architect and a contractor properly licensed in New Mexico for the type of work required.

C. Except as provided in Subsections F and G of this section, for each proposed state or local public works design and build project, a two-phase procedure for awarding design and build contracts shall be adopted and shall include at a minimum the following:

(1) during phase one, and prior to solicitation, documents shall be prepared for a request for qualifications by a registered engineer or architect, either in-house or selected in accordance with Sections 13-1-120 through 13-1-124 NMSA 1978, and shall include minimum qualifications, a scope of work statement and schedule, documents defining the project requirements, the composition of the selection committee and a description of the phase-two requirements and subsequent management needed to bring the project to completion. Design and build qualifications of responding firms shall be evaluated and a maximum of five firms shall be short-listed in accordance with technical and qualifications-based criteria; and

(2) during phase two, the short-listed firms shall be invited to submit detailed specific technical concepts or solutions, costs and scheduling. Unsuccessful firms may be paid a stipend to cover proposal expenses. After evaluation of these submissions, selection shall be made and the contract awarded to the highest-ranked firm.

D. Except as provided in Subsections F and G of this section, to ensure fair, uniform, clear and effective procedures that will strive for the delivery of a quality project on time and within budget, the secretary, in consultation with the secretary of general services and in conjunction with the appropriate and affected professional associations and contractors, shall promulgate rules applicable to all using agencies, which shall be followed by all using agencies when procuring a design and build project delivery system.

E. A state agency shall make the decision on a design and build project delivery system for a state public works project, and a local public body shall make that decision for a local public works project. A state agency shall not make the decision on a design and build project delivery system for a local public works project.

F. The requirements of Subsections C and D of this section and the minimum construction cost requirement of Subsection A of this section do not apply to a design and build project delivery system and the services procured for the project if:

(1) the maximum allowable construction cost of the project is four hundred thousand dollars ($400,000) or less; and

(2) the only requirement for architects, engineers, landscape architects or surveyors is limited to either site improvements or adaption for a pre-engineered building or system.

G. The procurement of a design and build project delivery system qualifying for exemptions pursuant to Subsection F of this section, including the services of any architect, engineer, landscape architect, construction manager or surveyor needed for the project, shall be accomplished by competitive sealed bids pursuant to Sections 13-1-102 through 13-1-110 NMSA 1978."

Section 13. Section 13-1-120 NMSA 1978 (being Laws 1984, Chapter 65, Section 93, as amended) is amended to read:

"13-1-120. COMPETITIVE SEALED QUALIFICATIONS-BASED PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--SURVEYORS--SELECTION PROCESS.--

A. For each proposed state public works project, local public works project or construction management contract, the architect, engineer, landscape architect, construction management and surveyor selection committee, [state highway and] department of transportation [department] selection committee or local selection committee, as appropriate, shall evaluate statements of qualifications and performance data submitted by at least three businesses in regard to the particular project and may conduct interviews with and may require public presentation by all businesses applying for selection regarding their qualifications, their approach to the project and their ability to furnish the required services.

B. The appropriate selection committee shall select, ranked in the order of their qualifications, no less than three businesses deemed to be the most highly qualified to perform the required services, after considering the following criteria, together with any criteria, except price, established by the using agency authorizing the project:

(1) specialized design and technical competence of the business, including a joint venture or association, regarding the type of services required;

(2) capacity and capability of the business, including any consultants, their representatives, qualifications and locations, to perform the work, including any specialized services, within the time limitations;

(3) past record of performance on contracts with government agencies or private industry with respect to such factors as control of costs, quality of work and ability to meet schedules;

(4) proximity to or familiarity with the area in which the project is located;

(5) the amount of design work that will be produced by a New Mexico business within this state;

(6) the volume of work previously done for the entity requesting proposals [which] that is not seventy-five percent complete with respect to basic professional design services, with the objective of effecting an equitable distribution of contracts among qualified businesses and of assuring that the interest of the public in having available a substantial number of qualified businesses is protected; provided, however, that the principle of selection of the most highly qualified businesses is not violated; and

(7) notwithstanding any other provisions of this subsection, price may be considered in connection with construction management contracts, unless the services are those of an architect, engineer, landscape architect or surveyor.

C. Notwithstanding the requirements of Subsections A and B of this section, if fewer than three businesses have submitted a statement of qualifications for a particular project, the appropriate committee may:

(1) rank in order of qualifications and submit to the secretary or local governing authority of the public body for award those businesses [which] that have submitted a statement of qualifications. The secretary shall consult with the secretary of general services prior to making an award; or

(2) recommend termination of the selection process pursuant to Section 13-1-131 NMSA 1978 and sending out of new notices of the resolicitation of the proposed procurement pursuant to Section 13-1-104 NMSA 1978. Any proposal received in response to the terminated solicitation is not public information and shall not be made available to competing offerors.

D. The names of all businesses submitting proposals and the names of all businesses, if any, selected for interview shall be public information. After an award has been made, the appropriate selection committee's final ranking and evaluation scores for all proposals shall become public information. Businesses [which] that have not been selected for contract award shall be so notified in writing within fifteen days after an award is made."

Section 14. Section 13-1-122 NMSA 1978 (being Laws 1984, Chapter 65, Section 95, as amended) is amended to read:

"13-1-122. COMPETITIVE SEALED QUALIFICATIONS-BASED PROPOSALS--AWARD OF ARCHITECT, ENGINEERING, LANDSCAPE ARCHITECT AND SURVEYING CONTRACTS.--The secretary, in consultation with the secretary of general services, or [his] the secretary's designee or the secretary of [the highway and] transportation [department] or [his] that secretary's designee or a designee of a local public body shall negotiate a contract with the highest qualified business for the architectural, landscape architectural, engineering or surveying services at compensation determined in writing to be fair and reasonable. In making this decision, the secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or the designee of a local public body shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature of the services. Should the secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or the designee of a local public body be unable to negotiate a satisfactory contract with the business considered to be the most qualified at a price determined to be fair and reasonable, negotiations with that business shall be formally terminated. The secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or the designee of a local public body shall then undertake negotiations with the second most qualified business. Failing accord with the second most qualified business, the secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or a designee of a local public body shall formally terminate negotiations with that business. The secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or the designee of the local public body shall then undertake negotiations with the third most qualified business. Should the secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or a designee of a local public body be unable to negotiate a contract with any of the businesses selected by the committee, additional businesses shall be ranked in order of their qualifications and the secretary or [his] the secretary's designee or the secretary of transportation or that secretary's designee or the designee of a local public body shall continue negotiations in accordance with this section until a contract is signed with a qualified business or the procurement process is terminated and a new request for proposals is initiated. The secretary or the secretary of transportation or the representative of a local public body shall publicly announce the business selected for award."

Section 15. Section 13-1-135.1 NMSA 1978 (being Laws 1995, Chapter 60, Section 2) is amended to read:

"13-1-135.1. RECYCLED CONTENT GOODS--COOPERATIVE PROCUREMENT.--

A. Beginning July 1, 1995, each central purchasing office shall, whenever its price, quality, quantity, availability and delivery requirements are met, purchase recycled content goods through contracts established by the purchasing division of the [general services] department of finance and administration or with other central purchasing offices.

B. For purposes of this section, "recycled content goods" means supplies and materials composed in whole or in part of recycled materials; provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications."

Section 16. Section 13-1C-3 NMSA 1978 (being Laws 2005, Chapter 334, Section 3) is amended to read:

"13-1C-3. DEFINITIONS.--As used in the State Use Act:

A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of:

(1) qualified individuals; and

(2) community rehabilitation programs;

B. "community rehabilitation program" means a nonprofit entity:

(1) that is organized under the laws of the United States or this state, operated in the interest of persons with disabilities and operated so that no part of the income of which inures to the benefit of any shareholder or other person;

(2) that complies with applicable occupational health and safety standards as required by federal or state law; and

(3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least seventy-five percent persons with disabilities in direct labor for the provision of services;

C. "council" means the New Mexico council for purchasing from persons with disabilities;

D. "direct labor" means all work directly relating to the provision of services, but not work required for or relating to supervision, administration or inspection;

E. "local public body" means a political subdivision of the state and the political subdivision's agencies, instrumentalities and institutions;

F. "persons with disabilities" means persons who have a mental or physical impairment that constitutes or results in a substantial impediment to employment as defined by the federal Rehabilitation Act of 1973;

G. "qualified individual" means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least seventy-five percent persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment from the vocational rehabilitation division of the public education department or from the commission for the blind shall be presumed to be a person with disability, as shall a person who is receiving supplemental security income or social security benefits based on disability;

H. "state agency" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of government of this state; and

I. "state purchasing agent" means the director of the purchasing division of the [general services] department of finance and administration."

Section 17. Section 33-8-6 NMSA 1978 (being Laws 1981, Chapter 127, Section 6, as amended) is amended to read:

"33-8-6. COMMISSION--POWERS AND DUTIES.--The commission has the following powers and duties to:

A. determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities that will serve as a means of enhancing vocational skills;

B. determine whether any enterprise should be established, expanded, diminished or discontinued;

C. establish policy with respect to the conduct of all enterprises;

D. approve the prices at which all services and products provided, manufactured, produced or harvested by enterprises shall be furnished; provided that the prices shall be as near the prevailing market price as possible. As used in this subsection, "prevailing market price" means the prevailing price that an equivalent product or service would have if purchased by a state agency or local public body from community sources. The commission shall include data provided by the purchasing division of the [general services] department of finance and administration in the price determination process. Compensation paid to inmates shall be included as an item of the cost in fixing prices;

E. consult regularly and continuously with state agencies and local public bodies in order to develop new enterprise products, adapt existing enterprise products and establish new service functions to meet their needs;

F. act as liaison with private industry, organized labor, the legislature and the general public;

G. obtain and provide technical assistance for enterprise programs;

H. hold meetings at such times and for such periods as it deems essential, but not less than quarterly;

I. recommend to the department the adoption of rules necessary to carry out the provisions of the Corrections Industries Act;

J. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of raw materials involving the expenditure of twelve thousand dollars ($12,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials from the same or different suppliers at the same time or about the same time where each purchase does not exceed twelve thousand dollars ($12,000), but the aggregate of such purchases exceeds twelve thousand dollars ($12,000), shall be considered a single purchase involving more than twelve thousand dollars ($12,000);

K. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of a product or service other than raw materials involving the expenditure of two thousand dollars ($2,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product or service. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials or services from the same or different suppliers at the same time or about the same time where each purchase does not exceed two thousand dollars ($2,000), but the aggregate of such purchases exceeds two thousand dollars ($2,000), shall be considered a single purchase involving more than two thousand dollars ($2,000);

L. review, approve, adopt and monitor an annual budget for all enterprises. The budget process shall include a projected profit analysis, sales forecast and anticipated year-end financial forecast;

M. submit and recommend the names of one or more qualified individuals to the secretary of corrections for appointment as director of the corrections industries division;

N. advise the director of the corrections industries division in the management and control of the corrections industries division;

O. assist in the process of inmate occupational placement upon release from confinement by coordination with the parole board and the field services division; and

P. prepare an annual report to the governor and the legislature that contains:

(1) a detailed financial statement for each enterprise in each facility;

(2) a detailed financial statement of the fund;

(3) reasons for establishing or terminating enterprises;

(4) a summary of plans to develop additional enterprises;

(5) the number of inmates employed in each enterprise;

(6) the number of idle inmates available for work at each facility; and

(7) any further information requested by the governor or the legislature."

Section 18. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW AND RULES.--On July 1, 2009:

A. all personnel of the purchasing division of the general services department are transferred to the department of finance and administration;

B. all appropriations, money, records, property, equipment and supplies of the purchasing division of the general services department are transferred to the department of finance and administration;

C. all contracts, grants, agreements and other obligations of the general services department relating to the purchasing division are transferred to and binding on the department of finance and administration;

D. all references in law and rules to the purchasing division of the general services department shall be deemed to be references to the purchasing division of the department of finance and administration;

E. all rules of the general services department pertaining to the purchasing division of the general services department shall be considered rules of the department of finance and administration pertaining to the purchasing division of the department of finance and administration;

F. all personnel of the state personnel office are transferred to the department of finance and administration;

G. all appropriations, money, records, property,

equipment and supplies of the state personnel office and personnel board, and of the general services department that are being used by the state personnel office or personnel board, are transferred to the department of finance and administration;

H. all contracts, grants, agreements and other

obligations of the state personnel office and personnel board are transferred to and binding on the department of finance and administration;

I. all references in law and rules to the state personnel office and the personnel board, including their administrative attachment to the general services department, shall be deemed to be references to the state personnel division of the department of finance and administration; and

J. all rules of the personnel board or state personnel office shall be deemed to be rules of the state personnel division of the department of finance and administration.

Section 19. REPEAL.--Sections 9-17-6 and 10-9-11 NMSA 1978 (being Laws 1983, Chapter 301, Section 6 and Laws 1977, Chapter 247, Section 47, as amended) are repealed.

Section 20. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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