0001| SENATE BILL 109
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CYNTHIA NAVA
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO GOVERNMENT PURCHASES; REDUCING THE TIME FOR PAYMENT
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0012| OF BILLS; AMENDING SECTIONS OF THE NMSA 1978.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984,
|
0016| Chapter 65, Section 131, as amended) is amended to read:
|
0017| "13-1-158. PAYMENTS FOR PURCHASES.--
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0018| A. No warrant, check or other negotiable instrument
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0019| shall be issued in payment for any purchase of services,
|
0020| construction or items of tangible personal property unless the
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0021| central purchasing office or the using agency certifies that
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0022| the services, construction or items of tangible personal
|
0023| property have been received and meet specifications or unless
|
0024| prepayment is permitted under Section 13-1-98 NMSA 1978 by
|
0025| exclusion of the purchase from the Procurement Code.
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0001| B. Unless otherwise agreed upon by the parties or
|
0002| unless otherwise specified in the invitation for bids, request
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0003| for proposals or other solicitation, within fifteen days from
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0004| the date the [state] central purchasing office or [state]
|
0005| using agency receives written notice from the contractor that
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0006| payment is requested for services or construction completed or
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0007| items of tangible personal property delivered on site and
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0008| received by the state, the [state] central purchasing office
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0009| or [state] using agency shall issue a written certification
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0010| of complete or partial acceptance or rejection of the services,
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0011| construction or items of tangible personal property.
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0012| C. Upon certification by the [state] central
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0013| purchasing office or the [state] using agency that the
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0014| services, construction or items of tangible personal property
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0015| have been received and accepted, payment shall be tendered to
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0016| the contractor within [sixty] thirty days of the date of
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0017| certification. If payment is made by mail, the payment shall
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0018| be deemed tendered on the date it is postmarked. After the
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0019| [sixtieth] thirtieth day from the date that written
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0020| certification of acceptance is issued, late payment charges
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0021| shall be paid on the unpaid balance due on the contract to the
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0022| contractor at the rate of one and one-half percent per month.
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0023| D. Late payment charges that differ from the
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0024| provisions of Subsection C of this section may be assessed if
|
0025| specifically provided for by contract or pursuant to tariffs
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0001| approved by the New Mexico public utility commission or the
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0002| state corporation commission."
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0003| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984,
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0004| Chapter 65, Section 143) is amended to read:
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0005| "13-1-170. UNIFORM CONTRACT CLAUSES.--
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0006| A. A state agency, local public body or central
|
0007| purchasing office with the power to issue regulations may
|
0008| require by regulation that contracts include uniform clauses
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0009| providing for termination of contracts, adjustments in prices,
|
0010| adjustments in time of performance or other contract provisions
|
0011| as appropriate, including but not limited to the following
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0012| subjects:
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0013| [A.] (1) the unilateral right of a state
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0014| agency or a local public body to order in writing:
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0015| [(1)] (a) changes in the work within the
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0016| scope of the contract; and
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0017| [(2)] (b) temporary stoppage of the work
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0018| or the delay of performance;
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0019| [B.] (2) variations occurring between
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0020| estimated quantities of work in a contract and actual
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0021| quantities;
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0022| [C.] (3) liquidated damages;
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0023| [D.] (4) permissible excuses for delay or
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0024| nonperformance;
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0025| [E.] (5) termination of the contract for
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0001| default;
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0002| [F.] (6) termination of the contract in whole
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0003| or in part for the convenience of the state agency or a local
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0004| public body;
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0005| [G.] (7) assignment clauses providing for
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0006| the assignment by the contractor to the state agency or a local
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0007| public body of causes of action for violation of state or
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0008| federal antitrust statutes;
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0009| [H.] (8) identification of subcontractors by
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0010| bidders in bids; and
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0011| [I.] (9) uniform subcontract clauses in
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0012| contracts.
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0013| B. A state agency, local public body or central
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0014| purchasing office with the power to issue regulations shall
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0015| require by regulation that contracts include a clause imposing
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0016| late payment charges against the state agency, local public
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0017| body or central purchasing office in the amount and under the
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0018| conditions stated in Subsection C of Section 13-1-158 NMSA
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0019| 1978."
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0020| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992,
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0021| Chapter 64, Section 10, as amended) is amended to read:
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0022| "74-6B-13. PAYMENT PROGRAM.--
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0023| A. Unless provided otherwise in this section, all
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0024| costs in excess of ten thousand dollars ($10,000) that are
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0025| necessary to perform a minimum site assessment in accordance
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0001| with the regulations of the board shall be paid from the
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0002| corrective action fund. In the event that an owner or operator
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0003| has performed a minimum site assessment after March 7, 1990 but
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0004| prior to March 9, 1992 and has expended more than ten thousand
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0005| dollars ($10,000), the owner or operator may apply to the
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0006| department for reimbursement of the costs of the minimum site
|
0007| assessment in excess of ten thousand dollars ($10,000) and
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0008| shall be entitled to reimbursement of those costs to the extent
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0009| that money is available.
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0010| B. An owner or operator who has performed or who has
|
0011| made arrangements to perform corrective action after March 7,
|
0012| 1990 and in accordance with applicable environmental laws and
|
0013| regulations may apply to the department for payment of the
|
0014| costs of corrective action, other than a minimum site
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0015| assessment, and shall be entitled to payment of those costs
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0016| from the corrective action fund, if he has proven to the
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0017| department that he has complied with the requirements of
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0018| Section 74-6B-8 NMSA 1978 and if money is available in the
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0019| fund.
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0020| C. Payment of the cost of corrective action,
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0021| including the cost of a minimum site assessment, shall be made
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0022| by the department following application and proper
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0023| documentation of the costs and in accordance with regulations
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0024| adopted by the secretary establishing eligible and ineligible
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0025| costs. Eligible costs for payment are those reasonable and
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0001| necessary costs actually incurred after March 7, 1990 in the
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0002| performance of a site assessment and for corrective action that
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0003| are consistent with the department's fee schedule. Ineligible
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0004| costs include [attorneys'] attorney fees, repair or upgrade
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0005| of tanks, loss of revenue and costs of monitoring a contractor.
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0006| D. The department shall adopt regulations to provide
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0007| for payments from the corrective action fund, to the extent
|
0008| that money is available in the fund, to persons who cannot
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0009| afford to pay all or a portion of the initial ten thousand
|
0010| dollar ($10,000) cost of a minimum site assessment otherwise
|
0011| required in this section. The department shall develop a
|
0012| financial assistance means test, including a sliding scale of
|
0013| financial relief as the department deems appropriate, that
|
0014| allows some or all of the minimum site assessment costs to be
|
0015| paid from the corrective action fund. This financial
|
0016| assistance relief shall be available to owners or operators who
|
0017| performed or made arrangements to perform corrective action
|
0018| after March 7, 1990.
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0019| E. All department determinations concerning the
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0020| manner of payment, compliance and cost eligibility shall be
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0021| made in accordance with department regulations.
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0022| F. If the owner or operator is in compliance with the
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0023| requirements of Subsection B of Section 74-6B-8 NMSA 1978,
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0024| payment of costs from the corrective action fund shall occur
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0025| not later than [ninety] thirty days after the submission of
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0001| the application and proper documentation of costs by the owner
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0002| or operator, except as provided in Section 74-6B-14 NMSA 1978.
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0003| G. The department shall reserve not less than
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0004| twenty-five percent of the unexpended, unencumbered balance of
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0005| the corrective action fund on July 1 of each year for the
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0006| payment of claims made on the fund."
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0007|
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0008|
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0009|
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0010|
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0011|
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016| February 17, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0021| referred
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0022|
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0023| SENATE BILL 109
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO NOT PASS, but that
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0002|
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0003| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0004| SENATE BILL 109
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0005|
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0006| DO PASS, and thence referred to the FINANCE
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0007| COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012| __________________________________
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0013| Shannon Robinson, Chairman
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0014|
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0015| Adopted_______________________ Not Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018| Date ________________________
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0019|
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0020| The roll call vote was 5 For 0 Against
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0021| Yes: 5
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0022| No: 0
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0023| Excused: Adair, Boitano, Ingle, Vernon
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0024| Absent: None
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0025|
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0001| S0109PA1
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0002|
|
0003| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
|
0004| SENATE BILL 109
|
0005| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011|
|
0012|
|
0013| AN ACT
|
0014| RELATING TO GOVERNMENT PAYMENTS; REDUCING THE TIME FOR PAYMENTS
|
0015| FROM GOVERNMENT; AMENDING SECTIONS OF THE NMSA 1978.
|
0016|
|
0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0018| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984,
|
0019| Chapter 65, Section 131, as amended) is amended to read:
|
0020| "13-1-158. PAYMENTS FOR PURCHASES.--
|
0021| A. No warrant, check or other negotiable instrument
|
0022| shall be issued in payment for any purchase of services,
|
0023| construction or items of tangible personal property unless the
|
0024| central purchasing office or the using agency certifies that
|
0025| the services, construction or items of tangible personal
|
0001| property have been received and meet specifications or unless
|
0002| prepayment is permitted under Section 13-1-98 NMSA 1978 by
|
0003| exclusion of the purchase from the Procurement Code.
|
0004| B. Unless otherwise agreed upon by the parties or
|
0005| unless otherwise specified in the invitation for bids, request
|
0006| for proposals or other solicitation, within fifteen days from
|
0007| the date the [state] central purchasing office or [state]
|
0008| using agency receives written notice from the contractor that
|
0009| payment is requested for services or construction completed or
|
0010| items of tangible personal property delivered on site and
|
0011| received [by the state], the [state] central purchasing
|
0012| office or [state] using agency shall issue a written
|
0013| certification of complete or partial acceptance or rejection of
|
0014| the services, construction or items of tangible personal
|
0015| property.
|
0016| C. Upon certification by the [state] central
|
0017| purchasing office or the [state] using agency that the
|
0018| services, construction or items of tangible personal property
|
0019| have been received and accepted, payment shall be tendered to
|
0020| the contractor within [sixty] thirty days of the date of
|
0021| certification. If payment is made by mail, the payment shall
|
0022| be deemed tendered on the date it is postmarked. After the
|
0023| [sixtieth] thirtieth day from the date that written
|
0024| certification of acceptance is issued, late payment charges
|
0025| shall be paid on the unpaid balance due on the contract to the
|
0001| contractor at the rate of one and one-half percent per month.
|
0002| D. Late payment charges that differ from the
|
0003| provisions of Subsection C of this section may be assessed if
|
0004| specifically provided for by contract or pursuant to tariffs
|
0005| approved by the New Mexico public utility commission or the
|
0006| state corporation commission."
|
0007| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984,
|
0008| Chapter 65, Section 143) is amended to read:
|
0009| "13-1-170. UNIFORM CONTRACT CLAUSES.--
|
0010| A. A state agency, local public body or central
|
0011| purchasing office with the power to issue regulations may require
|
0012| by regulation that contracts include uniform clauses providing for
|
0013| termination of contracts, adjustments in prices, adjustments in
|
0014| time of performance or other contract provisions as appropriate,
|
0015| including but not limited to the following subjects:
|
0016| [A.] (1) the unilateral right of a state agency
|
0017| or a local public body to order in writing:
|
0018| [(1)] (a) changes in the work within the
|
0019| scope of the contract; and
|
0020| [(2)] (b) temporary stoppage of the work or
|
0021| the delay of performance;
|
0022| [B.] (2) variations occurring between estimated
|
0023| quantities of work in a contract and actual quantities;
|
0024| [C.] (3) liquidated damages;
|
0025| [D.] (4) permissible excuses for delay or
|
0001| nonperformance;
|
0002| [E.] (5) termination of the contract for
|
0003| default;
|
0004| [F.] (6) termination of the contract in whole or
|
0005| in part for the convenience of the state agency or a local public
|
0006| body;
|
0007| [G.] (7) assignment clauses providing for the
|
0008| assignment by the contractor to the state agency or a local public
|
0009| body of causes of action for violation of state or federal
|
0010| antitrust statutes;
|
0011| [H.] (8) identification of subcontractors by
|
0012| bidders in bids; and
|
0013| [I.] (9) uniform subcontract clauses in
|
0014| contracts.
|
0015| B. A state agency, local public body or central
|
0016| purchasing office with the power to issue regulations shall
|
0017| require by regulation that contracts include a clause imposing
|
0018| late payment charges against the state agency, local public body
|
0019| or central purchasing office in the amount and under the
|
0020| conditions stated in Section 13-1-158 NMSA 1978."
|
0021| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992,
|
0022| Chapter 64, Section 10, as amended) is amended to read:
|
0023| "74-6B-13. PAYMENT PROGRAM.--
|
0024| A. Unless provided otherwise in this section, all costs
|
0025| in excess of ten thousand dollars ($10,000) that are necessary to
|
0001| perform a minimum site assessment in accordance with the
|
0002| regulations of the board shall be paid from the corrective action
|
0003| fund. In the event that an owner or operator has performed a
|
0004| minimum site assessment after March 7, 1990 but prior to March 9,
|
0005| 1992 and has expended more than ten thousand dollars ($10,000),
|
0006| the owner or operator may apply to the department for
|
0007| reimbursement of the costs of the minimum site assessment in
|
0008| excess of ten thousand dollars ($10,000) and shall be entitled to
|
0009| reimbursement of those costs to the extent that money is
|
0010| available.
|
0011| B. An owner or operator who has performed or who has
|
0012| made arrangements to perform corrective action after March 7, 1990
|
0013| and in accordance with applicable environmental laws and
|
0014| regulations may apply to the department for payment of the costs
|
0015| of corrective action, other than a minimum site assessment, and
|
0016| shall be entitled to payment of those costs from the corrective
|
0017| action fund, if he has proven to the department that he has
|
0018| complied with the requirements of Section 74-6B-8 NMSA 1978 and if
|
0019| money is available in the fund.
|
0020| C. Payment of the cost of corrective action, including
|
0021| the cost of a minimum site assessment, shall be made by the
|
0022| department following application and proper documentation of the
|
0023| costs and in accordance with regulations adopted by the secretary
|
0024| establishing eligible and ineligible costs. Eligible costs for
|
0025| payment are those reasonable and necessary costs actually incurred
|
0001| after March 7, 1990 in the performance of a site assessment and
|
0002| for corrective action that are consistent with the department's
|
0003| fee schedule. Ineligible costs include [attorneys'] attorney
|
0004| fees, repair or upgrade of tanks, loss of revenue and costs of
|
0005| monitoring a contractor.
|
0006| D. The department shall adopt regulations to provide for
|
0007| payments from the corrective action fund, to the extent that money
|
0008| is available in the fund, to persons who cannot afford to pay all
|
0009| or a portion of the initial ten thousand dollar ($10,000) cost of
|
0010| a minimum site assessment otherwise required in this section. The
|
0011| department shall develop a financial assistance means test,
|
0012| including a sliding scale of financial relief as the department
|
0013| deems appropriate, that allows some or all of the minimum site
|
0014| assessment costs to be paid from the corrective action fund. This
|
0015| financial assistance relief shall be available to owners or
|
0016| operators who performed or made arrangements to perform corrective
|
0017| action after March 7, 1990.
|
0018| E. All department determinations concerning the manner
|
0019| of payment, compliance and cost eligibility shall be made in
|
0020| accordance with department regulations.
|
0021| F. If the owner or operator is in compliance with the
|
0022| requirements of Subsection B of Section 74-6B-8 NMSA 1978, payment
|
0023| of costs from the corrective action fund shall occur not later
|
0024| than [ninety] thirty days after the submission of the
|
0025| application and proper documentation of costs by the owner or
|
0001| operator, except as provided in Section 74-6B-14 NMSA 1978.
|
0002| G. The department shall reserve not less than
|
0003| twenty-five percent of the unexpended, unencumbered balance of the
|
0004| corrective action fund on July 1 of each year for the payment of
|
0005| claims made on the fund."
|
0006|
|
0007|
|
0008| FORTY-THIRD LEGISLATURE
|
0009| FIRST SESSION, 1997
|
0010|
|
0011|
|
0012| March 4, 1997
|
0013|
|
0014| Mr. President:
|
0015|
|
0016| Your FINANCE COMMITTEE, to whom has been referred
|
0017|
|
0018| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
|
0019| SENATE BILL 109
|
0020|
|
0021| has had it under consideration and reports same with recommendation
|
0022| that it DO PASS, amended as follows:
|
0023|
|
0024| 1. On page 2, line 22, after the period insert "For
|
0025| purchases funded by state or federal grants to local public bodies,
|
0001| if the local public body has not received the funds from the federal
|
0002| or state funding agency, payments shall be tendered to the
|
0003| contractor within five working days of receipt of funds from that
|
0004| funding agency.".
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010| __________________________________
|
0011| Ben D. Altamirano, Chairman
|
0012|
|
0013|
|
0014|
|
0015| Adopted_______________________ Not Adopted_______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019| Date ________________________
|
0020|
|
0021|
|
0022| The roll call vote was 6 For 0 Against
|
0023| Yes: 6
|
0024| No: None
|
0025| Excused: Carraro, Eisenstadt, Ingle, Lyons, McKibben
|
0001| Absent: None
|
0002|
|
0003|
|
0004| S0109FC1 .117980.1
|
0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION
|
0008|
|
0009|
|
0010|
|
0011| March 3, 1997
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0012|
|
0013|
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0014|
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0015| SENATE FLOOR AMENDMENT number _______ to SENATE PUBLIC AFFAIRS
|
0016| COMMITTEE SUBSTITUTE FOR
|
0017| SENATE BILL 109, as amended
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0018|
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0019|
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0020| Amendment sponsored by Senator Carroll H. Leavell
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0021|
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0022|
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0023| 1. On page 2, line 12, strike "Upon" and insert in lieu
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0024| thereof "Except as provided in Subsection D of this section, upon".
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0025|
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0001| 2. On page 2, between lines 22 and 23, insert the following
|
0002| new subsection:
|
0003|
|
0004| "D. If the central purchasing office or the using agency
|
0005| finds that the services, construction or items of tangible personal
|
0006| property are not acceptable, it shall, within thirty days of the
|
0007| date of receipt of written notice from the contractor that payment
|
0008| is requested for services or construction completed or items of
|
0009| tangible personal property delivered on site, provide to the
|
0010| contractor a letter of exception explaining the defect or objection
|
0011| to the services, construction or delivered tangible personal
|
0012| property along with details of how the contractor may proceed to
|
0013| provide remedial action.".
|
0014|
|
0015|
|
0016|
|
0017|
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0018|
|
0019|
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0020|
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| 3. Reletter succeeding subsections accordingly and adjust
|
0001| cross-references to correspond to these amendments.
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0002|
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0003|
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0004|
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0005|
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0006|
|
0007|
|
0008|
|
0009|
|
0010| __________________________
|
0011| Carroll H. Leavell
|
0012|
|
0013|
|
0014|
|
0015| Adopted ___________________ Not Adopted _______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019| Date _________________
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0020| State of New Mexico
|
0021| House of Representatives
|
0022|
|
0023| FORTY-THIRD LEGISLATURE
|
0024| FIRST SESSION, 1997
|
0025|
|
0001|
|
0002| March 13, 1997
|
0003|
|
0004|
|
0005| Mr. Speaker:
|
0006|
|
0007| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
|
0008| whom has been referred
|
0009|
|
0010| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
|
0011| SENATE BILL 109, as amended
|
0012|
|
0013| has had it under consideration and reports same with
|
0014| recommendation that it DO PASS.
|
0015|
|
0016| Respectfully submitted,
|
0017|
|
0018|
|
0019|
|
0020|
|
0021| Lynda M. Lovejoy, Chairwoman
|
0022|
|
0023|
|
0024| Adopted Not Adopted
|
0025| (Chief Clerk)
|
0001| (Chief Clerk)
|
0002|
|
0003| Date
|
0004|
|
0005| The roll call vote was 6 For 0 Against
|
0006| Yes: 6
|
0007| Excused: Hobbs, Pederson
|
0008| Absent: None
|
0009|
|
0010|
|
0011| G:\BILLTEXT\BILLW_97\S0109
|