FORTY-EIGHTH LEGISLATURE

FIRST SESSION, 2007

February 25, 2007

Mr. Speaker:

    Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred

HOUSE BILL 303 as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. Strike House Labor and Human Resources Committee Amendment 1.

     2. On page 3, line 22, after the period insert a quotation

 mark.

     3. On page 3, line 23, through page 4, line 23, strike Subsection F in its entirety.

     4. On page 6, line 6, after "price" insert "for which the construction manager at risk is financially responsible".

     5. On page 7, line 18, after "procedure" insert "may be used when the total amount of money available for the project is less than five hundred thousand dollars ($500,000) and".

     6. On page 8, line 8, strike "and".

     7. On page 8, line 25, strike the period and insert in lieu thereof "; and".

     8. On page 8, after line 25, insert the following new paragraph:

                "(3) a verification of the maximum allowable construction cost.".

     9. On page 9, line 6, after the period insert the subsection designation "E." and reletter the succeeding subsections accordingly.

     10. On page 9, line 7, strike "based upon the statements of

qualification".

     11. On page 9, line 8, after "qualify" insert "based upon the statements of qualification".

     12. On page 9, line 22, strike "F" and insert in lieu thereof "G".

     13. On page 9, line 23, strike "shall" and insert in lieu thereof "may".

     14. On page 10, line 7, strike "or" and insert in lieu thereof a comma.

     15. On page 10, line 9, before the period insert "or grant the contract to the applicant that ranked as second most qualified".

     16. On page 11, line 8, strike "The" and insert in lieu thereof "After a contract is awarded, the".

     17. On page 12, between lines 24 and 25, insert the following section:

     "Section 8. A new section of Chapter 13, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS--CONSTRUCTION CONTRACT--CONTRACTOR.--As used in Chapter 13, Article 4 NMSA 1978:

          A. "contract" or "construction contract" includes a construction manager at risk contract entered into pursuant to the Educational Facility Construction Manager At Risk Act; and

          B. "contractor" includes a construction manager at risk selected pursuant to the Educational Facility Construction Manager At Risk Act."".

     18. Renumber the succeeding section accordingly.