0001| SENATE BILL 1257
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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| BEN D. ALTAMIRANO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.
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0012|
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0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0014|
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 1, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your FINANCE COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 1257
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO NOT PASS, but that
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0005|
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0006| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0007| SENATE BILL 1257
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0008|
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0009| DO PASS, and thence referred to the COMMITTEES' COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015| __________________________________
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0016| Ben D. Altamirano, Chairman
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 0 Against
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0001| Yes: 6
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0002| No: None
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0003| Excused: Carraro, Ingle, Lyons, McKibben, Smith
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0004| Absent: None
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0005|
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0006| S1257FC1 SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0007| SENATE BILL 1257
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0008| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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|
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0014|
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0015|
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0016| AN ACT
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0017| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0018| CREATING THE STATE PUBLIC HEALTH FACILITIES AUTHORITY AND
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0019| BOARD; CREATING LOCAL HEALTH FACILITIES AUTHORITIES AND BOARDS;
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0020| PROVIDING FOR THE POWERS AND DUTIES OF THE AUTHORITIES AND THE
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0021| BOARDS CREATED.
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0022|
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0023| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0024| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0025| through 10 of this act may be cited as the "Public Health
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0001| Facilities Authority Act".
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0002| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the
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0003| Public Health Facilities Authority Act is to create a statutory
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0004| mechanism by which public health facilities may be operated in
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0005| a competitive, less governmentally restricted environment,
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0006| while maintaining a publicly responsive health care
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0007| infrastructure that provides quality health care services to
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0008| the citizens of New Mexico, including continued support for the
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0009| indigent population of the state.
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0010| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0011| Public Health Facilities Authority Act:
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0012| A. "health facility" means a facility or entity
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0013| licensed by the department of health as a health facility;
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0014| B. "local authority" means a local public health
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0015| facilities authority created pursuant to the Public Health
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0016| Facilities Authority Act;
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0017| C. "local board" means a local health facilities
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0018| board created pursuant to the Public Health Facilities
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0019| Authority Act;
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0020| D. "public health facility" means a health facility
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0021| owned or operated by a state agency or institution or an agency
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0022| or institution of a political subdivision of the state; and
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0023| E. "state authority" means the public health
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0024| facilities authority created pursuant to the Public Health
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0025| Facilities Authority Act.
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0001| Section 4. [NEW MATERIAL] CREATION OF THE PUBLIC
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0002| HEALTH FACILITIES AUTHORITY.--
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0003| A. There is created as a public body politic and
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0004| corporate, separate and apart from the state, constituting a
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0005| governmental instrumentality to be known as the "public health
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0006| facilities authority". The state authority is created to
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0007| implement the provisions of the Public Health Facilities
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0008| Authority Act consistent with the public purposes stated in
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0009| Section 2 of that act.
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0010| B. The state authority shall be governed by a board of
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0011| directors composed of seven members who are residents of New
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0012| Mexico appointed by the governor, with the advice and consent of
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0013| the senate. The members shall be appointed in a manner to provide
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0014| geographic diversity, representation of both public and private
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0015| interests in the state and persons with knowledge of health care
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0016| policy with both provider and consumer interests represented.
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0017|
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0018| C. Board members shall be appointed for five-year terms.
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0019| To provide for staggered terms, four of the initially appointed
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0020| members shall be appointed for terms of five years and three of
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0021| the initially appointed members shall be appointed for terms of
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0022| three years. Thereafter, all members shall be appointed for five-
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0023| year terms. A vacancy on the board shall be filled by appointment
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0024| by the governor for the remainder of the unexpired term. A member
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0025| shall serve until his replacement is confirmed by the senate.
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0001| Board members are eligible for reappointment.
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0002| Section 5. [NEW MATERIAL] POWERS AND DUTIES OF THE STATE
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0003| AUTHORITY.--The state authority shall:
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0004| A. designate areas within the state that constitute
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0005| local areas for the purpose of creating local boards;
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0006| B. create local boards upon receipt of a petition
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0007| meeting the following conditions:
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0008| (1) petitioners shall be one or more current
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0009| operators or owners of a health facility or health facilities to
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0010| be included within the board's designated local area;
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0011| (2) petitioners shall submit an operational,
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0012| business and financial plan on behalf of the health facility or
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0013| health facilities proposed to be included in a designated local
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0014| area and shall also submit proposed bylaws of the local board
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0015| requested to be created;
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0016| (3) petitioners shall present a list of proposed
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0017| local board members; and
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0018| (4) petitioners shall prepare and present a plan,
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0019| which states the commitment and ability of the public health
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0020| facility or health facilities within the designated local area to
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0021| deliver indigent care;
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0022| C. approve, after legal review and approval by the
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0023| attorney general the sale, transfer or lease to the local board of
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0024| public health facilities from local governments or health
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0025| facilities from private entities, including transfer by exchange;
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0001| D. establish criteria to require public health
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0002| facilities to continue to deliver indigent care and remain
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0003| eligible for medicaid, medicare, state and local health care and
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0004| indigent care funds;
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0005| E. approve the inclusion of a public health facility
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0006| owned or operated by a state agency or institution to operate as
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0007| part of any local authority or as part of the state authority;
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0008| F. establish and review policies to promote access and
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0009| delivery of quality health care throughout the state to assure
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0010| that the creation and operation of local authorities facilitates
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0011| competition and results in enhanced coordination, accessibility,
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0012| affordability and efficiency in the delivery of the health care;
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0013| G. prepare annual reports to the governor and
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0014| legislature about the status and operation of the state authority
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0015| and local authorities; and
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0016| H. exercise the powers granted to local authorities in
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0017| the event that state-owned public health facilities are operated
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0018| under the auspices of the state authority.
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0019| Section 6. [NEW MATERIAL] LOCAL BOARDS--CREATION--
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0020| COMPOSITION.--
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0021| A. Local boards shall be created pursuant to petition to
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0022| and approval by the state authority within areas designated by the
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0023| state authority for the purpose of owning and operating or leasing
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0024| public health facilities.
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0025| B. The membership of a local board shall be
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0001| representative of the residents of the designated local area and
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0002| shall include local government officials, representatives of
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0003| existing health facility governing boards, health professionals,
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0004| members of the public, consumer advocates and other interested
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0005| persons. The original members of the local board, their terms and
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0006| provisions for replacement of local board members shall be
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0007| proposed in the petition presented for approval by the state
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0008| authority.
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0009| Section 7. [NEW MATERIAL] LOCAL BOARDS--POWERS AND
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0010| DUTIES.--Local boards generally have all powers necessary and
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0011| convenient to carry out and effectuate the provisions of the
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0012| Public Health Facilities Authority Act pertaining to local boards
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0013| and have the power to:
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0014| A. sue and be sued;
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0015| B. purchase, lease, take, receive or otherwise acquire,
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0016| own, hold, use and otherwise deal in and with real or personal
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0017| property;
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0018| C. sell, convey, lease, pledge, exchange, transfer and
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0019| otherwise dispose of its assets for the consideration, terms and
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0020| conditions determined by the local board and in accordance with
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0021| applicable laws;
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0022| D. make contracts, incur liabilities and borrow money at
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0023| such rates of interest as may be determined by the local board,
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0024| but the local board has no authority to create a debt that would
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0025| be prohibited by law or the constitution of New Mexico if created
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0001| by the state or a political subdivision of the state;
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0002| E. execute contracts and other instruments necessary or
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0003| convenient in the exercise of the powers and functions of the
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0004| local board;
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0005| F. receive and administer grants and private gifts;
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0006| G. receive funds from federal, state and local
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0007| government sources;
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0008| H. invest and reinvest its funds;
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0009| I. conduct its activities, carry out its operations and
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0010| maintain offices and facilities necessary and appropriate to
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0011| exercise its powers pursuant to the Public Health Facilities
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0012| Authority Act;
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0013| J. make and amend bylaws for the administration and
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0014| regulation of its affairs, including in those bylaws within its
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0015| discretion provisions indemnifying any person who is a local board
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0016| member, officer, employee or agent of the local board or a public
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0017| health facility under its control for liability incurred or
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0018| claimed for actions taken or not taken within the scope of the
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0019| person's duties or employment;
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0020| K. employ officers and employees, set their compensation
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0021| and describe their duties;
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0022| L. enter into agreements with insurance carriers to
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0023| insure against any loss in connection with its operations;
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0024| M. authorize retirement programs and other benefits for
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0025| its salaried officers and employees and salaried officers and
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0001| employees of a public health facility under its control; and
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0002| N. employ fiscal consultants, attorneys and other
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0003| consultants and pay compensation to the persons employed.
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0004| Section 8. [NEW MATERIAL] EXEMPTIONS FROM CERTAIN LAWS.--
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0005| The provisions of the following laws shall not apply or shall
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0006| apply in only a limited manner to the state authority and its
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0007| board, the local authority and the local board and public health
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0008| facilities under their respective control or ownership:
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0009| A. the Personnel Act;
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0010| B. the Procurement Code;
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0011| C. those provisions of Section 10-15-2 NMSA 1978
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0012| specifically exempting certain activities of state and local
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0013| boards from the provisions of the Open Meetings Act;
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0014| D. those provisions of Section 14-2-9 NMSA 1978
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0015| specifically exempting certain records from the provisions of the
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0016| Inspection of Public Records Act; and
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0017| E. the Per Diem and Mileage Act.
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0018| Section 9. [NEW MATERIAL] ISSUANCE OF REVENUE BONDS.--The
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0019| state authority and a local authority may issue negotiable revenue
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0020| bonds or notes or both.
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0021| Section 10. [NEW MATERIAL] DISSOLUTION.--On termination
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0022| or dissolution of the state authority or a local authority, all
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0023| rights and properties of the state authority or the local
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0024| authority shall be transferred by action of the respective
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0025| authority or, in the absence of that action, automatically by
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0001| operation of law, to the state or the local governmental entity
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0002| from which they were acquired, subject to the rights of any
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0003| bondholders, lienholder or creditors of the respective authority.
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0004| Section 11. Section 10-8-3 NMSA 1978 (being Laws 1971, Chap-
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0005|
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0006| ter 116, Section 2, as amended) is amended to read:
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0007| "10-8-3. DEFINITIONS.--As used in the Per Diem and Mileage
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0008| Act:
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0009| A. "secretary" means the secretary of finance and admin-
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0010|
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0011| istration;
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0012| B. "employee" means any person who is in the employ of
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0013| any state agency, local public body or public post-secondary
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0014| educational institution and whose salary is paid either completely
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0015| or in part from public money, but does not include jurors or jury
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0016| commissioners;
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0017| C. "governing board" means the board of regents of any
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0018| institution designated in Article 12, Section 11 of the
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0019| constitution of New Mexico or designated in Chapter 21, Article 14
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0020| NMSA 1978, or the board of any institution designated in Chapter
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0021| 21, Articles 13, 16 and 17 NMSA 1978;
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0022| D. "local public body" means all political subdivisions
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0023| of the state and their agencies, instrumentalities and
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0024| institutions, except public post-secondary educational
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0025| institutions and the local authorities and local boards created
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0001| pursuant to the Public Health Facilities Authority Act;
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0002| E. "state agency" means the state or any of its
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0003| branches, agencies, departments, boards, instrumentalities or in-
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0004|
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0005| stitutions, except public post-secondary educational institutions;
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0006| F. "public post-secondary educational institution" means
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0007| any institution designated in Article 12, Section 11 of the
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0008| constitution of New Mexico and any institution designated in
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0009| Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and
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0010| G. "public officer" or "public official" means every
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0011| elected or appointed officer of the state, local public body or
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0012| any public post-secondary educational institution. "Public
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0013| officer" includes members of advisory boards appointed by any
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0014| state agency, local public body or public post-secondary
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0015| educational institution."
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0016| Section 12. Section 10-9-4 NMSA 1978 (being Laws 1961, Chap-
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0017|
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0018| ter 240, Section 4, as amended) is amended to read:
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0019| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the
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0020| service cover all state positions except:
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0021| A. officials elected by popular vote or appointed to
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0022| fill vacancies to elective offices;
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0023| B. members of boards and commissions and heads of agen-
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0024|
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0025| cies appointed by the governor;
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0001| C. heads of agencies appointed by boards or commissions;
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0002| D. directors of department divisions;
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0003| E. those in educational institutions and in public
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0004| schools;
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0005| F. those employed by state institutions and by state
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0006| agencies providing educational programs and who are required to
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0007| hold valid certificates as certified school instructors as defined
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0008| in Section 22-1-2 NMSA 1978 issued by the state board of
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0009| education;
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0010| G. those in the governor's office;
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0011| H. those in the state militia or the commissioned
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0012| officers of the New Mexico state police division of the department
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0013| of public safety;
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0014| I. those in the governmental instrumentality known as
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0015| the public health facilities authority created pursuant to the
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0016| Public Health Facilities Authority Act;
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0017| [I.] J. those in the judicial branch of government;
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0018| [J.] K. those in the legislative branch of
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0019| government;
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0020| [K.] L. not more than two assistants and one
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0021| secretary in the office of each official listed in Subsections A,
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0022| B and C of this section, excluding members of boards and
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0023| commissions in Subsection B of this section;
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0024| [L.] M. those of a professional or scientific nature
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0025| which are temporary in nature;
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0001| [M.] N. those filled by patients or inmates in
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0002| charitable, penal or correctional institutions;
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0003| [N.] O. state employees if the personnel board in
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0004| its discretion decides that the position is one of policymaking;
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0005| and
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0006| [O.] P. disadvantaged youth under twenty-two years
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0007| of age regularly enrolled or to be enrolled in a secondary
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0008| educational institution approved by the state board of education
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0009| or in an accredited state institution of advanced learning or
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0010| vocational training and who are to be employed for not more than
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0011| seven hundred twenty hours during any calendar year:
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0012| (1) the term "disadvantaged youth" shall be defined
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0013| for purposes of this exemption by regulation duly promulgated by
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0014| the board; and
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0015| (2) the board shall:
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0016| (a) require that all the criteria of this sub-
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0017|
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0018| section have been met;
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0019| (b) establish employment lists for the certi-
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0020|
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0021| fication of the highest-standing candidates to the prospective em-
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0022|
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0023| ployers; and
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0024| (c) establish the pay rates for such em-
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0025|
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0001| ployees."
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0002| Section 13. Section 10-15-1 NMSA 1978 (being Laws 1974,
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0003| Chapter 91, Section 1, as amended) is amended to read:
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0004| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN
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0005| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.--
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0006| A. In recognition of the fact that a representative
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0007| government is dependent upon an informed electorate, it is
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0008| declared to be public policy of this state that all persons are
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0009| entitled to the greatest possible information regarding the
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0010| affairs of government and the official acts of those officers and
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0011| employees who represent them. The formation of public policy or
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0012| the conduct of business by vote shall not be conducted in closed
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0013| meeting. All meetings of any public body except the legislature
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0014| and the courts shall be public meetings, and all persons so
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0015| desiring shall be permitted to attend and listen to the
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0016| deliberations and proceedings. Reasonable efforts shall be made
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0017| to accommodate the use of audio and video recording devices.
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0018| B. All meetings of a quorum of members of any board,
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0019| commission, administrative adjudicatory body or other policymaking
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0020| body of any state agency, any agency or authority of any county,
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0021| municipality, district or any political subdivision, held for the
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0022| purpose of formulating public policy, including the development of
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0023| personnel policy, rules, regulations or ordinances, discussing
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0024| public business or for the purpose of taking any action within the
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0025| authority of or the delegated authority of any board, commission
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0001| or other policymaking body are declared to be public meetings open
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0002| to the public at all times, except as otherwise provided in the
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0003| constitution of New Mexico or the Open Meetings Act. No public
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0004| meeting once convened that is otherwise required to be open
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0005| pursuant to the Open Meetings Act shall be closed or dissolved
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0006| into small groups or committees for the purpose of permitting the
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0007| closing of the meeting.
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0008| C. If otherwise allowed by law or rule of the public
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0009| body, a member of a public body may participate in a meeting of
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0010| the public body by means of a conference telephone or other
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0011| similar communications equipment when it is otherwise difficult or
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0012| impossible for the member to attend the meeting in person,
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0013| provided that each member participating by conference telephone
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0014| can be identified when speaking, all participants are able to hear
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0015| each other at the same time and members of the public attending
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0016| the meeting are able to hear any member of the public body who
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0017| speaks during the meeting.
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0018| D. Any meetings at which the discussion or adoption of
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0019| any proposed resolution, rule, regulation or formal action occurs
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0020| and at which a majority or quorum of the body is in attendance,
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0021| and any closed meetings, shall be held only after reasonable
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0022| notice to the public. The affected body shall determine at least
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0023| annually in a public meeting what notice for a public meeting is
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0024| reasonable when applied to that body. That notice shall include
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0025| broadcast stations licensed by the federal communications
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0001| commission and newspapers of general circulation that have
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0002| provided a written request for such notice.
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0003| E. A public body may recess and reconvene a meeting to a
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0004| day subsequent to that stated in the meeting notice if, prior to
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0005| recessing, the public body specifies the date, time and place for
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0006| continuation of the meeting, and, immediately following the
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0007| recessed meeting, posts notice of the date, time and place for the
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0008| reconvened meeting on or near the door of the place where the
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0009| original meeting was held and in at least one other location
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0010| appropriate to provide public notice of the continuation of the
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0011| meeting. Only matters appearing on the agenda of the original
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0012| meeting may be discussed at the reconvened meeting.
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0013| F. Meeting notices shall include an agenda containing a
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0014| list of specific items of business to be discussed or transacted
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0015| at the meeting or information on how the public may obtain a copy
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0016| of such an agenda. Except in the case of an emergency, the agenda
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0017| shall be available to the public at least twenty-four hours prior
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0018| to the meeting. Except for emergency matters, a public body shall
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0019| take action only on items appearing on the agenda. For purposes
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0020| of this subsection, an "emergency" refers to unforeseen
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0021| circumstances that, if not addressed immediately by the public
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0022| body, will likely result in injury or damage to persons or
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0023| property or substantial financial loss to the public body.
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0024| G. The board, commission or other policymaking body
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0025| shall keep written minutes of all its meetings. The minutes shall
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0001| include at a minimum the date, time and place of the meeting, the
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0002| names of members in attendance and those absent, the substance of
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0003| the proposals considered and a record of any decisions and votes
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0004| taken that show how each member voted. All minutes are open to
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0005| public inspection. Draft minutes shall be prepared within ten
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0006| working days after the meeting and shall be approved, amended or
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0007| disapproved at the next meeting where a quorum is present.
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0008| Minutes shall not become official until approved by the
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0009| policymaking body.
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0010| H. The provisions of Subsections A, B and G of this
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0011| section do not apply to:
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0012| (1) meetings pertaining to issuance, suspension,
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0013| renewal or revocation of a license, except that a hearing at which
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0014| evidence is offered or rebutted shall be open. All final actions
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0015| on the issuance, suspension, renewal or revocation of a license
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0016| shall be taken at an open meeting;
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0017| (2) limited personnel matters; provided that for
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0018| purposes of the Open Meetings Act, "limited personnel matters"
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0019| means the discussion of hiring, promotion, demotion, dismissal,
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0020| assignment or resignation of or the investigation or consideration
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0021| of complaints or charges against any individual public employee;
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0022| provided further that this subsection is not to be construed as to
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0023| exempt final actions on personnel from being taken at open public
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0024| meetings, nor does it preclude an aggrieved public employee from
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0025| demanding a public hearing. Judicial candidates interviewed by
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0001| any commission shall have the right to demand an open interview;
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0002| (3) deliberations by a public body in connection
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0003| with an administrative adjudicatory proceeding. For purposes of
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0004| this paragraph, an "administrative adjudicatory proceeding" means
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0005| a proceeding brought by or against a person before a public body
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0006| in which individual legal rights, duties or privileges are
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0007| required by law to be determined by the public body after an
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0008| opportunity for a trial-type hearing. Except as otherwise
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0009| provided in this section, the actual administrative adjudicatory
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0010| proceeding at which evidence is offered or rebutted and any final
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0011| action taken as a result of the proceeding shall occur in an open
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0012| meeting;
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0013| (4) the discussion of personally identifiable
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0014| information about any individual student, unless the student, his
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0015| parent or guardian requests otherwise;
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0016| (5) meetings for the discussion of bargaining
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0017| strategy preliminary to collective bargaining negotiations between
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0018| the policymaking body and a bargaining unit representing the
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0019| employees of that policymaking body and collective bargaining
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0020| sessions at which the policymaking body and the representatives of
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0021| the collective bargaining unit are present;
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0022| (6) that portion of meetings at which a decision
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0023| concerning purchases in an amount exceeding two thousand five
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0024| hundred dollars ($2,500) that can be made only from one source and
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0025| that portion of meetings at which the contents of competitive
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0001| sealed proposals solicited pursuant to the Procurement Code are
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0002| discussed during the contract negotiation process. The actual
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0003| approval of purchase of the item or final action regarding the
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0004| selection of a contractor shall be made in an open meeting;
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0005| (7) meetings subject to the attorney-client
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0006| privilege pertaining to threatened or pending litigation in which
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0007| the public body is or may become a participant;
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0008| (8) meetings for the discussion of the purchase,
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0009| acquisition or disposal of real property or water rights by the
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0010| public body; [and]
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0011| (9) those portions of meetings of committees or
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0012| boards of public hospitals that receive less than fifty percent of
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0013| their operating budget from direct public funds and appropriations
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0014| where strategic and long-range business plans are discussed; and
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0015| (10) meetings of the board of directors of the
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0016| public health facilities authority or a local board of a local
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0017| public health facilities authority held pursuant to the provisions
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0018| of the Public Health Facilities Authority Act.
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0019| I. If any meeting is closed pursuant to the exclusions
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0020| contained in Subsection H of this section, the closure:
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0021| (1) if made in an open meeting, shall be approved
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0022| by a majority vote of a quorum of the policymaking body; the
|
0023| authority for the closure and the subject to be discussed shall be
|
0024| stated with reasonable specificity in the motion calling for the
|
0025| vote on a closed meeting; the vote shall be taken in an open
|
0001| meeting; and the vote of each individual member shall be recorded
|
0002| in the minutes. Only those subjects announced or voted upon prior
|
0003| to closure by the policymaking body may be discussed in a closed
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0004| meeting; and
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0005| (2) if called for when the policymaking body is not
|
0006| in an open meeting, shall not be held until public notice,
|
0007| appropriate under the circumstances, stating the specific
|
0008| provision of the law authorizing the closed meeting and stating
|
0009| with reasonable specificity the subject to be discussed is given
|
0010| to the members and to the general public.
|
0011| J. Following completion of any closed meeting, the
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0012| minutes of the open meeting that was closed or the minutes of the
|
0013| next open meeting if the closed meeting was separately scheduled
|
0014| shall state that the matters discussed in the closed meeting were
|
0015| limited only to those specified in the motion for closure or in
|
0016| the notice of the separate closed meeting. This statement shall
|
0017| be approved by the public body under Subsection G of this section
|
0018| as part of the minutes."
|
0019| Section 14. Section 13-1-98 NMSA 1978 (being Laws 1984,
|
0020| Chapter 65, Section 71, as amended) is amended to read:
|
0021| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
|
0022| provisions of the Procurement Code shall not apply to:
|
0023| A. procurement of items of tangible personal property or
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0024| services by a state agency or a local public body from a state
|
0025| agency, a local public body or external procurement unit except as
|
0001| otherwise provided in Sections 13-1-135 through 13-1-137 NMSA
|
0002| 1978;
|
0003| B. procurement of tangible personal property or services
|
0004| for the governor's mansion and grounds;
|
0005| C. printing and duplicating contracts involving
|
0006| materials which are required to be filed in connection with
|
0007| proceedings before administrative agencies or state or federal
|
0008| courts;
|
0009| D. purchases of publicly provided or publicly regulated
|
0010| gas, electricity, water, sewer and refuse collection services;
|
0011| E. purchases of books and periodicals from the
|
0012| publishers or copyright holders thereof;
|
0013| F. travel or shipping by common carrier or by private
|
0014| conveyance or to meals and lodging;
|
0015| G. purchase of livestock at auction rings or to the
|
0016| procurement of animals to be used for research and experimentation
|
0017| or exhibit;
|
0018| H. contracts with businesses for public school
|
0019| transportation services;
|
0020| I. procurement of tangible personal property or
|
0021| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, by
|
0022| the corrections industries division of the corrections department
|
0023| pursuant to regulations adopted by the corrections [industries]
|
0024| commission, which shall be reviewed by the purchasing division of
|
0025| the general services department prior to adoption;
|
0001| J. minor purchases consisting of magazine subscriptions,
|
0002| conference registration fees and other similar purchases where
|
0003| prepayments are required;
|
0004| K. municipalities having adopted home rule charters and
|
0005| having enacted their own purchasing ordinances;
|
0006| L. the issuance, sale and delivery of public securities
|
0007| pursuant to the applicable authorizing statute, with the exception
|
0008| of bond attorneys and general financial consultants;
|
0009| M. contracts entered into by a local public body with a
|
0010| private independent contractor for the operation, or provision and
|
0011| operation, of a jail pursuant to Sections 33-3-26 and 33-3-27 NMSA
|
0012| 1978;
|
0013| N. contracts for maintenance of grounds and facilities
|
0014| at highway rest stops and other employment opportunities,
|
0015| excluding those intended for the direct care and support of
|
0016| persons with handicaps, entered into by state agencies with
|
0017| private, nonprofit, independent contractors who provide services
|
0018| to persons with handicaps;
|
0019| O. contracts and expenditures for services to be paid or
|
0020| compensated by money or other property transferred to New Mexico
|
0021| law enforcement agencies by the United States department of
|
0022| justice drug enforcement administration;
|
0023| P. contracts for retirement and other benefits pursuant
|
0024| to Sections 22-11-47 through 22-11-52 NMSA 1978; [and]
|
0025| Q. contracts with professional entertainers; and
|
0001| R. procurement of tangible personal property or services
|
0002| by the public health facilities authority or a local public health
|
0003| facilities authority pursuant to the Public Health Facilities
|
0004| Authority Act."
|
0005| Section 15. Section 13-6-2.1 NMSA 1978 (being Laws 1989,
|
0006| Chapter 380, Section 1) is amended to read:
|
0007| "13-6-2.1. LEASES--BOARD OF FINANCE APPROVAL.--
|
0008| A. Any sale, trade or lease for a period of more than
|
0009| five years but less than twenty-five years in duration of real
|
0010| property belonging to any state agency, local public body, school
|
0011| district or state educational institution or any sale, trade or
|
0012| lease of such real property for a consideration of more than
|
0013| twenty-five thousand dollars ($25,000) but less than one hundred
|
0014| thousand dollars ($100,000) shall not be valid unless it is ap-
|
0015|
|
0016| proved prior to its effective date by the state board of finance.
|
0017| B. The provisions of this section shall not be
|
0018| applicable as to those institutions specifically enumerated in
|
0019| Article 12, Section 11 of the constitution of New Mexico, the
|
0020| state land office [or], the state highway commission or the
|
0021| public health facilities authority or a local public health
|
0022| facilities authority created pursuant to the provisions of the
|
0023| Public Health Facilities Authority Act."
|
0024| Section 16. Section 14-2-6 NMSA 1978 (being Laws 1993,
|
0025| Chapter 258, Section 3) is amended to read:
|
0001| "14-2-6. DEFINITIONS.--As used in the Inspection of Public
|
0002| Records Act:
|
0003| A. "custodian" means any person responsible for the
|
0004| maintenance, care or keeping of a public body's public records,
|
0005| regardless of whether the records are in that person's actual
|
0006| physical custody and control;
|
0007| B. "inspect" means to review all public records that are
|
0008| not excluded in Section 14-2-1 NMSA 1978;
|
0009| C. "person" means any individual, corporation,
|
0010| partnership, firm, association or entity;
|
0011| D. "public body" means the executive, legislative and
|
0012| judicial branches of state and local governments and all advisory
|
0013| boards, commissions, committees, agencies or entities created by
|
0014| the constitution or any branch of government that receives any
|
0015| public funding, including political subdivisions, special taxing
|
0016| districts, school districts and institutions of higher education,
|
0017| but "public body" does not include the public health facilities
|
0018| authority or a local public health facilities authority created
|
0019| pursuant to the Public Health Facilities Authority Act; and
|
0020| E. "public records" means all documents, papers,
|
0021| letters, books, maps, tapes, photographs, recordings and other
|
0022| materials, regardless of physical form or characteristics, that
|
0023| are used, created, received, maintained or held by or on behalf of
|
0024| any public body and relate to public business, whether or not the
|
0025| records are required by law to be created or maintained."
|
0001| Section 17. SEVERABILITY. If any part or application of the
|
0002| Public Health Facilities Authority Act is held invalid, the
|
0003| remainder or its application to other situations or persons shall
|
0004| not be affected.
|
0005| Section 18. EFFECTIVE DATE.--The effective date of the
|
0006| provisions of this act is July 1, 1997.
|
0007|
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997
|
0011|
|
0012|
|
0013| March 3, 1997
|
0014|
|
0015| Mr. President:
|
0016|
|
0017| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0018|
|
0019| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0020| SENATE BILL 1257
|
0021|
|
0022| has had it under consideration and reports same WITHOUT
|
0023| RECOMMENDATION, and further recommends that it now be referred to
|
0024| the PUBLIC AFFAIRS COMMITTEE.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Manny M. Aragon, Chairman
|
0007|
|
0008|
|
0009| Adopted_______________________ Not Adopted_______________________
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012|
|
0013| Date ________________________
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| S1257CC1
|
0021|
|
0022|
|
0023|
|
0024| FORTY-THIRD LEGISLATURE
|
0025| FIRST SESSION, 1997
|
0001|
|
0002|
|
0003| March 20, 1997
|
0004|
|
0005| Mr. President:
|
0006|
|
0007| Your FINANCE COMMITTEE, to whom has been referred
|
0008|
|
0009| HOUSE BILL 1257, as amended
|
0010|
|
0011| has had it under consideration and reports same with recommendation
|
0012| that it DO PASS.
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018| __________________________________
|
0019| Ben D. Altamirano, Chairman
|
0020|
|
0021|
|
0022|
|
0023| Adopted_______________________ Not Adopted_______________________
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001|
|
0002|
|
0003| Date ________________________
|
0004|
|
0005|
|
0006| The roll call vote was 6 For 0 Against
|
0007| Yes: 6
|
0008| No: None
|
0009| Excused: Aragon, Campos, Ingle, McKibben, Smith
|
0010| Absent: None
|
0011|
|
0012|
|
0013| H1257FC1
|