SENATE BILL 41

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Mimi Stewart and Christine Chandler

AN ACT

RELATING TO UNIVERSITY RESEARCH PARKS; AMENDING THE UNIVERSITY RESEARCH PARK AND ECONOMIC DEVELOPMENT ACT; DESIGNATING RESEARCH PARK CORPORATIONS AS PUBLIC EMPLOYERS FOR THE PURPOSE OF THE PUBLIC EMPLOYEE BARGAINING ACT; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 21-28-7 NMSA 1978 (being Laws 1989, Chapter 264, Section 7, as amended) is amended to read:

     "21-28-7. LIMITATIONS ON APPLICATION OF LAWS.--

          A. A research park corporation shall not be deemed an agency, public body or other political subdivision of New Mexico, including for purposes of applying statutes and laws relating to personnel, procurement of goods and services, meetings of the board of directors, gross receipts tax, disposition or acquisition of property, capital outlays, per diem and mileage and inspection of records.

          B. A research park corporation shall be deemed:

                (1) an agency or other political subdivision of the state for purposes of applying statutes and laws relating to the furnishing of goods and services to the university that operates it and the risk management fund; and

                (2) a public employer for the purposes of the Public Employee Bargaining Act.

          C. A research park corporation, its officers, directors and employees shall be granted immunity from liability for any tort as provided in the Tort Claims Act. A research park corporation may enter into agreements with insurance carriers to insure against a loss in connection with its operations even though the loss may be included among losses covered by the risk management fund of New Mexico."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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