45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO PROCUREMENT; INCREASING THE AMOUNT THE NEW MEXICO STATE FAIR COMMISSION CAN PURCHASE THAT IS EXCLUDED FROM CENTRAL PURCHASING THROUGH THE STATE PURCHASING AGENT.

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

Section 1. Section 13-1-30 NMSA 1978 (being Laws 1984, Chapter 65, Section 3, as amended) is amended to read:

"13-1-30. APPLICATION OF THE CODE.--

A. Except as otherwise provided in the Procurement Code, that code shall apply to every expenditure by state agencies and local public bodies for the procurement of items of tangible personal property, services and construction [and]. That code also applies to concession contracts at the New Mexico state fair in excess of [ten thousand dollars ($10,000)] thirty thousand dollars ($30,000), whether those concession contracts generate revenue and earnings or expand funds.

B. When a procurement involves the expenditure of federal funds, the procurement shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of the Procurement Code, compliance with federal law or regulations shall be compliance with the Procurement Code."

Section 2. Section 13-1-99 NMSA 1978 (being Laws 1984, Chapter 65, Section 72, as amended) is amended to read:

"13-1-99. EXCLUDED FROM CENTRAL PURCHASING THROUGH THE STATE PURCHASING AGENT.--Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following:

A. procurement of professional services;

B. small purchases having a value not exceeding one thousand five hundred dollars ($1,500);

C. emergency procurement;

D. procurement of highway construction or reconstruction by the state highway and transportation department;

E. procurement by the judicial branch of state government;

F. procurement by the legislative branch of state government;

G. procurement by the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico;

H. procurement by the state fair commission of tangible personal property, services and construction under [five thousand dollars ($5,000)] ten thousand dollars ($10,000);

I. purchases from the instructional material fund;

J. procurement by all local public bodies;

K. procurement by regional education cooperatives;

L. procurement by charter schools; and

M. procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.