SENATE BILL 227

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Pete Campos

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO PUBLIC WORKS; ALLOWING CONTRACTORS TO BECOME LICENSED CONTRACTORS AFTER THE AWARD OF A CONTRACT FOR PUBLIC WORKS; REPEALING THE REQUIREMENT FOR THE BONDING OF SUBCONTRACTORS.

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

     Section 1. Section 60-13-12 NMSA 1978 (being Laws 1967, Chapter 199, Section 15, as amended) is amended to read:

     "60-13-12. CONTRACTOR'S LICENSE REQUIRED.--

          A. No person shall act as a contractor without a license issued by the division classified to cover the type of work to be undertaken.

          B. Except as provided in Subsection C or D of this section, no bid on a contract shall be submitted unless the contractor has a valid license issued by the division to bid and perform the type of work to be undertaken; provided this subsection shall not prohibit a licensed contractor from bidding or contracting work involving the use of two or more trades, crafts or classifications if the performance of the work in the trades, crafts or classifications other than the one in which [he] the contractor is licensed is incidental or supplemental to the performance of the work in the trades, crafts or classifications for which [he] the contractor is licensed; and further provided that work coming under the jurisdiction of the mechanical bureau or the electrical bureau of the division [must] shall be performed by a contractor licensed to perform that work.

          C. [Any] A contractor may bid on a New Mexico highway project involving the expenditure of federal funds prior to making application to the division for a license. The contractor, if [he] the contractor has not previously been issued a license, shall upon becoming the apparent successful bidder apply to the division for a license. The director shall issue a license to the contractor in accordance with the provisions of the Construction Industries Licensing Act.

          D. An unlicensed contractor may bid on a public works project if:

                (1) the contractor is licensed by another state to perform the type of work to be undertaken; and

                (2) the contractor certifies that, if the bid is accepted, the contractor will obtain a license from the division before commencing any work on the project."

     Section 2. REPEAL.--Section 13-1-148.1 NMSA 1978 (being Laws 2005, Chapter 99, Section 1) is repealed.

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007."

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