HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 1096

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ENACTING A SECTION OF THE AUDIT ACT TO EXEMPT CERTAIN CONTRACTS ENTERED INTO BY THE STATE AUDITOR FROM ANY REQUIREMENT OF LEGAL REVIEW; DECLARING AN EMERGENCY.

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

     Section 1. A new section of the Audit Act is enacted to read:

     "[NEW MATERIAL] LEGAL REVIEW OF CONTRACTS.--

          A. Notwithstanding any other provision of law, professional services contracts entered into by the state auditor with a value not exceeding twenty thousand dollars ($20,000) are exempt from any requirement for legal review by the attorney general or an attorney of any state agency.

          B. Notwithstanding any other provision of law, all contracts for auditing entered into between an agency and an independent auditor pursuant to Section 12-6-14 NMSA 1978 and all contracts for auditing entered into between an agency and the state auditor are exempt from any requirement for legal review by the attorney general or an attorney of any state agency if the contracts are on a contract form approved by the attorney general as to legal sufficiency."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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