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