[1] NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website. The Adobe PDF version includes all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the LFC’s office in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR:	Burpo		DATE TYPED:	02/11/02		HB	HJM 77/a HEC
SHORT TITLE:		Procurement Code Compliance				SB
					ANALYST:		J. Sandoval

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC files

Responses Received From

Attorney General’s Office

New Mexico State Department of Education

No Response

The Department of Finance and Administration

SUMMARY

Synopsis of HEC Amendment

Only minor technical corrections are made that do not change or alter the intent of the memorial.

Synopsis of Bill

House Joint Memorial requests the Attorney General to inform school districts, regional center cooperatives, state educational institutions, other public post-secondary institutions, joint powers agreements agencies and other state and local public bodies that they are required to follow the provisions of the Procurement Code. The Attorney General is also requested to consider appropriate and meaningful penalties for violations of the Procurement Code by state or local public bodies and report its recommendation to the first session of the Forty-Sixth Legislature.

Significant Issues

According to the New Mexico State Department of Education, “The purposes of the Procurement Code are to provide for the fair and equitable treatment of all persons who want to provide goods or services to publicly funded state and local public bodies and to ensure taxpayers that their hard-earned dollars are being spent through a procurement system that safeguards integrity, fairness and value. While some purchases are exempt from the provisions of the Procurement Code, and Section 13-1-99 NMSA 1978 excludes certain named public bodies from purchasing through the state purchasing agent, it does not exempt them from the provisions of the Procurement Code.”

FISCAL IMPLICATIONS

There is no additional appropriation to the Office of the Attorney General to carry out this request. The Office of the Attorney General has concerns that they will not be able carry out this request without some form of additional assistance.

ADMINISTRATIVE IMPLICATIONS