HOUSE BILL 213

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Al Park

AN ACT

RELATING TO PROCUREMENT BY THE STATE FAIR COMMISSION; EXCLUDING CONCESSION CONTRACTS AT THE STATE FAIR FROM THE APPLICATION OF THE PROCUREMENT CODE; AMENDING A SECTION OF THE PROCUREMENT CODE.

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 also applies to concession contracts at the New Mexico state fair in excess of ten thousand dollars ($10,000), 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. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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