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AN ACT

RELATING TO HEALTH FACILITIES; AUTHORIZING THE STATE TO

ACQUIRE A FACILITY TO REPLACE FORT BAYARD MEDICAL CENTER;

AUTHORIZING CERTAIN AGREEMENTS TO EFFECTUATE THE ACQUISITION;

RATIFYING AND APPROVING A LEASE-PURCHASE AGREEMENT; PROVIDING

EXEMPTIONS FROM THE PROCUREMENT CODE; RECONCILING MULTIPLE

AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007; DECLARING

AN EMERGENCY.

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

Section 1. Section 9-7-6.5 NMSA 1978 (being Laws 2005,

Chapter 317, Section 1) is amended to read:

"9-7-6.5. AGREEMENTS FOR A REPLACEMENT FACILITY FOR

FORT BAYARD MEDICAL CENTER.--

A. Notwithstanding any other provision of state

law or rule, the secretary may do one or more of the

following:

(1) enter into an agreement, including an

agreement with an independent contractor, to operate Fort

Bayard medical center or a replacement for Fort Bayard medical

center in Grant county;

(2) acquire by purchase, lease,

construction, lease-purchase or other financing arrangement a

facility to be located in Grant county to replace Fort Bayard

medical center, provided that, if the acquisition results in

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the transfer of the title to the facility, the title to the

facility shall be in the name of the property control division

of the general services department; or

(3) enter into an agreement with Grant

county under which the department may construct or cause to be

constructed the facility that will replace the Fort Bayard

medical center.

B. The provisions of the Procurement Code shall

not apply to the procurement, by either the department or

Grant county or both, of tangible personal property, services

or construction deemed necessary by the department to

effectuate the provisions of this section. However,

agreements related to the acquisition of the facility to

replace Fort Bayard medical center shall be subject to the

provisions of state law regulating the acquisition and

disposal of real property by governmental entities.

C. An operating agreement entered into pursuant to

this section shall include provisions for the continued

employment of all current and future Fort Bayard medical

center employees, excluding management employees of the

contractor, as state employees, entitled and subject to all

the rights and responsibilities of state employees. Under the

terms of the agreement and the overall direction of the

department, the independent contractor shall provide

management and supervision to state employees at Fort Bayard

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medical center, including the provision of work assignments,

evaluations and promotional and disciplinary actions.

D. Pursuant to Section 15-3-35 NMSA 1978, the

legislature ratifies and approves a lease-purchase agreement,

in a form approved by the state board of finance, between the

department, as lessee-purchaser and Grant county, as lessor-

seller, for the facility that will replace the Fort Bayard

medical center, provided that, upon transfer of title, title

to the facility shall be in the name of the property control

division of the general services department."

Section 2. 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

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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;

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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

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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

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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, by either the department of

health or Grant county or both, of tangible personal property,

services or construction that are exempt from the Procurement

Code pursuant to Section 9-7-6.5 NMSA 1978;

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

DD. the purchase for resale by the state fair

commission of feed and other items necessary for the upkeep of

livestock."

Section 3. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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