SENATE BILL 382
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Clinton D. Harden
AN ACT
RELATING TO RECRUITMENT OF MEDICAL PROFESSIONAL PERSONNEL; PROVIDING AUTHORITY TO THE BOARD OF TRUSTEES OF THE MINERS' HOSPITAL OF NEW MEXICO TO MAKE DECISIONS REGARDING THE REIMBURSEMENT OF ITS OFFICERS AND EMPLOYEES FOR TRAVEL AND MOVING EXPENSES; EXEMPTING FROM THE PROCUREMENT CODE THE PROCUREMENT OF PROFESSIONAL MEDICAL SERVICES BY THE MINERS' HOSPITAL OF NEW MEXICO; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 10-8-3 NMSA 1978 (being Laws 1971, Chapter 116, Section 2, as amended) is amended to read:
"10-8-3. DEFINITIONS.--As used in the Per Diem and Mileage Act:
A. "secretary" means the secretary of finance and administration;
B. "employee" means [any] a person who is in the employ of [any] a state agency, local public body, [or] public post-secondary educational institution or the miners' hospital and whose salary is paid either completely or in part from public money, but does not include jurors or jury commissioners;
C. "governing board" means the board of regents of [any] an institution designated in Article 12, Section 11 of the constitution of New Mexico or designated in Chapter 21, Article 14 NMSA 1978, [or] the board of [any] an institution designated in Chapter 21, Articles 13, 16 and 17 NMSA 1978 or the board of trustees of the miners' hospital;
D. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions, except public post-secondary educational institutions;
E. "miners' hospital" means the miners' hospital of New Mexico as named in Article 14, Section 1 of the constitution of New Mexico;
[E.] F. "state agency" means the state or [any of] its branches, agencies, departments, boards, instrumentalities or institutions, except public post-secondary educational institutions and the miners' hospital;
[F.] G. "public post-secondary educational institution" means [any] an institution designated in Article 12, Section 11 of the constitution of New Mexico and [any] an institution designated in Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and
[G.] H. "public officer" or "public official" means [every] an elected or appointed officer of the state, a local public body, [or any] a public post-secondary educational institution or the miners' hospital. "Public officer" includes members of advisory boards appointed by [any] a state agency, local public body, [or] public post-secondary educational institution or the miners' hospital."
Section 2. Section 10-8-4 NMSA 1978 (being Laws 1963, Chapter 31, Section 3, as amended) is amended to read:
"10-8-4. PER DIEM AND MILEAGE RATES--IN LIEU OF
PAYMENT.--
A. Notwithstanding any other specific law to the contrary and except as provided in Subsection I of this section, every nonsalaried public officer shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or up to ninety-five dollars ($95.00) per diem expenses:
(1) for each board or committee meeting attended; or
(2) for each day spent in discharge of official duties for travel within the state but away from [his] the officer's home.
Nonsalaried public officers who travel to attend a board or committee meeting may elect to be reimbursed per diem under either Paragraph (1) or (2) of this subsection.
B. Every salaried public officer or employee who is traveling within the state but away from [his] the officer's or employee's home and [away from his] designated post of duty on official business shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or:
(1) up to eighty-five dollars ($85.00) per diem expenses for each day spent in the discharge of [his] official duties for a salaried public officer or employee of a local public body or state agency. If the secretary finds that a per diem allowance of eighty-five dollars ($85.00) is inadequate for reimbursement of expenses in any municipality of this state, the secretary may authorize the reimbursement of per diem for travel to the municipality not to exceed one hundred thirty-five dollars ($135); or
(2) up to eighty-five dollars ($85.00) per diem expenses for each day spent in the discharge of [his] official duties for a salaried public officer or employee of a public post-secondary educational institution or the miners' hospital. If the governing board finds that a per diem allowance of eighty-five dollars ($85.00) is inadequate for reimbursement of expenses in any municipality of this state, the governing board may authorize the reimbursement of per diem for travel to the municipality not to exceed one hundred thirty-five dollars ($135).
C. Every public officer or employee shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or:
(1) for public officers or employees of a state agency or local public body, up to one hundred fifteen dollars ($115) per diem expenses for each day of travel outside the state on official business. If the secretary finds that a per diem allowance of one hundred fifteen dollars ($115) is inadequate for out-of-state travel to a geographical area, the secretary may authorize per diem not to exceed two hundred fifteen dollars ($215) for out-of-state travel to that geographical area; provided that the secretary may authorize per diem for travel to a locality inside or outside the continental United States for a public officer or employee who is reimbursed solely from federal funds in accordance with the rate allowed by the federal government for travel to that locality. In lieu of per diem, a person trained in the field of accountancy and performing duties in that field of training as an employee while assigned for periods exceeding three weeks per assignment to travel out of state on official business may receive either reimbursement pursuant to the provisions of Subsection K of this section or actual expenses not to exceed two hundred fifteen dollars ($215) per day. Expenses shall be substantiated in accordance with rules promulgated by the department of finance and administration. The secretary may promulgate rules defining what constitutes out-of-state travel for purposes of the Per Diem and Mileage Act; or
(2) for public officers or employees of a public post-secondary educational institution or the miners' hospital, up to one hundred fifteen dollars ($115) per diem expenses for each day of travel outside the state on official business. If the governing board finds that a per diem allowance of one hundred fifteen dollars ($115) is inadequate for out-of-state travel to a geographical area, the governing board may authorize per diem not to exceed two hundred fifteen dollars ($215) for out-of-state travel to that geographical area; provided that the governing board may authorize per diem for travel to a locality inside or outside the continental United States for a public officer or employee who is reimbursed solely from federal funds in accordance with the rate allowed by the federal government for travel to that locality. Expenses shall be substantiated in accordance with rules promulgated by the governing board. The governing board may promulgate rules defining what constitutes out-of-state travel for purposes of the Per Diem and Mileage Act.
D. Every public officer or employee shall receive thirty-two cents ($.32) a mile for each mile traveled in a privately owned vehicle or eighty-eight cents ($.88) a mile for each mile traveled in a privately owned airplane if the travel is necessary to the discharge of [his] the officer's or employee's official duties and if the private conveyance is not a common carrier; provided, however, that only one person shall receive mileage for each mile traveled in a single privately owned vehicle or airplane, except in the case of common carriers, in which case the person shall receive the cost of the ticket in lieu of the mileage allowance.
E. The per diem and mileage or per diem and cost of tickets for common carriers paid to salaried public officers or employees is in lieu of actual expenses for transportation, lodging and subsistence.
F. In addition to the in-state per diem set forth in this section, the department of finance and administration, by rule, may authorize a flat subsistence rate in the amount set by the legislature in the general appropriation act for commissioned officers of the New Mexico state police in accordance with rules promulgated by the department of finance and administration.
G. In lieu of the in-state per diem set in Subsection B of this section, the department of finance and administration may, by rule, authorize a flat monthly subsistence rate for certain employees of the [state highway and transportation] department of transportation, provided that the payments made under this subsection shall not exceed the maximum amount that would be paid under Subsection B of this section.
H. Per diem received by nonsalaried public officers for travel on official business or in the discharge of their official duties, other than attending a board or committee meeting, and per diem received by public officers and employees for travel on official business shall be prorated in accordance with rules of the department of finance and administration or the governing board.
I. The provisions of Subsection A of this section do not apply to payment of per diem expense to a nonsalaried public official of a municipality for attendance at board or committee meetings held within the boundaries of the municipality.
J. In addition to any other penalties prescribed by law for false swearing on an official voucher, it shall be cause for removal or dismissal from office.
K. With prior written approval of the secretary or the secretary's designee or the local public body, a nonsalaried public officer [of a state agency or local public body, a], salaried public officer [of a state agency or local public body] or [a] salaried employee of a state agency or local public body is entitled to per diem expenses under this subsection and shall receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for meals not to exceed thirty dollars ($30.00) per day for in-state travel and forty-five dollars ($45.00) per day for out-of-state travel.
L. With prior written approval of the governing board or its designee, a nonsalaried public officer [of a public post-secondary educational institution, a], salaried public officer [of a public post-secondary educational institution] or [a] salaried employee of a public post-secondary educational institution or the miners' hospital is entitled to per diem expenses under this subsection and shall receive:
(1) reimbursement for actual expenses for lodging; and
(2) reimbursement for actual expenses for meals not to exceed thirty dollars ($30.00) per day for in-state travel and forty-five dollars ($45.00) per day for out-of-state travel."
Section 3. Section 10-8-5 NMSA 1978 (being Laws 1978, Chapter 184, Section 4, as amended) is amended to read:
"10-8-5. RESTRICTIONS--REGULATIONS.--
A. The secretary may promulgate rules and regulations for state agencies and local public bodies for the purpose of carrying out the provisions of the Per Diem and Mileage Act. Public officials [of public post-secondary educational institutions] and employees of public post-secondary educational institutions or the miners' hospital shall be subject to the rules [and regulations] of their governing boards.
B. Public funds may be advanced to any public officer or employee before the travel occurs only with prior written approval of the secretary, the secretary's designee, the local public body or the governing board or its designee. This restriction shall not prohibit the use of authorized credit cards in connection with purchases necessary to the use of vehicles owned by the state, a local public body, [or] a public post-secondary educational institution or the miners' hospital or for food, lodging or transportation as permitted by the department of finance and administration or the governing board. Public funds shall be paid out under the Per Diem and Mileage Act only upon vouchers duly presented with any required receipts attached thereto. For employees authorized to receive public funds in advance of travel, payment shall be received only upon vouchers submitted with attached authorization for each travel period. For public officers or employees using authorized credit cards, vouchers with required receipts for each month's travel expenses shall be submitted as a condition to receiving authorization to use the credit card for the next month's travel. Travel expenses may also be advanced if the travel is to be performed under provisions of federal or private contracts and the funds used are not derived from taxes or revenues paid to the state or any of its political subdivisions.
C. Money expended by the governor from the appropriations made for [his] the governor's office and contingent and other expenses are not subject to any of the foregoing provisions of this section and are not subject to audit; provided that the governor shall only use contingent and other expenses for purposes connected with obligations of the office. An expenditure report on the use of the governor's contingent and other expenses shall be submitted annually to the department of finance and administration.
D. The secretary may reduce the rates set for the per diem and mileage for any class of public officials and for employees of state agencies, except public officials and employees of public post-secondary educational institutions or the miners' hospital, at any time [he] the secretary deems it to be in the public interest, and such reduction shall not be construed to permit payment of any other compensation, perquisite or allowance. The secretary shall exercise this power of reduction in a reasonable manner and shall attempt to achieve a standard rate for all public officers and employees of the same classification. The secretary may, at the request of any state agency and for good cause shown, reduce the rates of per diem and mileage for that state agency. The governing body of any local public body may eliminate or may reduce the rates set for the per diem and mileage for all or any class of public officials and employees of the local public body at any time the local public body deems it to be in the public interest, and such reduction shall not be construed to permit payment of any other compensation, perquisite or allowance. The local public body shall exercise this power of reduction in a reasonable manner and shall attempt to achieve a standard rate for all public officers and employees of the same classification. The secretary may, in extraordinary circumstances and with the prior approval of the state board of finance in public meeting, allow actual expenses rather than the per diem rates set in the Per Diem and Mileage Act.
E. The governing board or its designee may reduce the rates set for the per diem and mileage for public officials [of public post-secondary educational institutions] and [for] employees of public post-secondary educational institutions or the miners' hospital at any time the governing board deems it to be in the public interest, and such reduction shall not be construed to permit payment of any other compensation, perquisite or allowance. The governing board shall exercise this power of reduction in a reasonable manner and shall attempt to achieve a standard rate for public officers and employees of public post-secondary educational institutions or the miners' hospital. The governing board may reduce the rates of per diem and mileage for [its] a public post-secondary educational institution or the miners' hospital and may, in extraordinary circumstances and in public meeting, allow actual expenses rather than the per diem rates set in the Per Diem and Mileage Act.
F. No reimbursement for out-of-state travel shall be paid to any elected public officer, including any member of the legislature, if after the last day to do so that officer has not filed a declaration of candidacy for reelection to [his] the public officer's currently held office or has been defeated for reelection to [his] the public officer's currently held office in a primary election or any general election.
G. Subsection F of this section does not apply to any elected public officer who is ineligible to [succeed himself] serve another term after serving [his] the public officer's term in office.
H. Subsection F of this section does not apply to legislators whose travel has been approved by a three-fourths' vote of the New Mexico legislative council at a regularly called meeting.
I. Any person who is not an employee, appointee or elected official of a county or municipality and who is reimbursed under the provisions of the Per Diem and Mileage Act in an amount that singly or in the aggregate exceeds one thousand five hundred dollars ($1,500) in any one year shall not be entitled to further reimbursement under the provisions of that act until the person furnishes in writing to [his] the person's department head or, in the case of a department head or board or commission member, to the governor or, in the case of a member of the legislature, to the New Mexico legislative council an itemized statement on each separate instance of travel covered within the reimbursement, the place to which traveled and the executive, judicial or legislative purpose served by the travel."
Section 4. Section 10-8-8 NMSA 1978 (being Laws 1979, Chapter 273, Section 5, as amended) is amended to read:
"10-8-8. OTHER REIMBURSEMENTS.--
A. The secretary may authorize by regulation reimbursement for the following actual expenses incurred by public officers and employees of state agencies:
(1) moving expenses; provided that moving expenses shall include the expenses of moving to New Mexico from out of state incurred by a person recruited to become an employee in New Mexico;
(2) professional fees or dues;
(3) tuition and fees for attending educational programs or classes approved by the secretary; and
(4) registration fees for attending seminars, educational programs or classes.
B. The governing body of any local public body may, by resolution, authorize the reimbursement of public officers and employees for any of the actual expenses set forth in Subsection A of this section. No resolution adopted pursuant to this subsection shall authorize the reimbursement for any expense not authorized by regulation of the secretary pursuant to Subsection A of this section.
C. The governing board may, by [regulation] rule, authorize the reimbursement of public officers [of public post-secondary educational institutions] and employees of public post-secondary educational institutions or the miners' hospital for any of the actual expenses set forth in Subsection A of this section.
D. No reimbursement shall be made for any expenses unless receipts for all such expenses are attached to the reimbursement voucher."
Section 5. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2007, Chapter 55, Section 1 and by Laws 2007, Chapter 345, Section 1) is amended to read:
"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:
A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections
13-1-135 through 13-1-137 NMSA 1978;
B. procurement of tangible personal property or services for the governor's mansion and grounds;
C. printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;
D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;
E. purchases of books and periodicals from the publishers or copyright holders thereof;
F. travel or shipping by common carrier or by private conveyance or to meals and lodging;
G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;
H. contracts with businesses for public school transportation services;
I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections industries commission, which shall be reviewed by the purchasing division of the general services department prior to adoption;
J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases where prepayments are required;
K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;
L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;
M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections
33-3-26 and 33-3-27 NMSA 1978;
N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;
O. contracts and expenditures for services or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;
P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
Q. contracts with professional entertainers;
R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;
S. contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section
4-55A-12.1 NMSA 1978;
T. works of art for museums or for display in public buildings or places;
U. contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;
V. purchases of advertising in all media, including radio, television, print and electronic;
W. purchases of promotional goods intended for resale by the tourism department;
X. procurement of printing services for materials produced and intended for resale by the cultural affairs department;
Y. procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act; provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);
Z. procurement of services from community rehabilitation programs or qualified individuals pursuant to
the State Use Act;
AA. purchases of products or services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;
BB. procurement of an agreement, pursuant to Section 9-7-6.5 NMSA 1978, to operate Fort Bayard medical center or to provide and operate in Grant county a replacement facility for Fort Bayard medical center;
CC. contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act; [and
CC.] DD. the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of livestock; and
EE. procurement of professional medical services by the board of trustees of the miners' hospital of New Mexico."
Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.
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