SENATE BILL 566

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO PROCUREMENT; ENACTING A NEW SECTION OF THE PROCUREMENT CODE TO REQUIRE EACH STATE AGENCY AND LOCAL PUBLIC BODY TO DEVELOP A POLICY REGARDING THE PROCUREMENT OF SERVICES FROM PERSONS WITH DISABILITIES; AMENDING THE STATE USE ACT TO PROVIDE THAT A STATE AGENCY OR LOCAL PUBLIC BODY MAY, CONSISTENT WITH ITS POLICY, PROCURE SERVICES PURSUANT TO THE PROVISIONS OF THAT ACT.

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

     SECTION 1. A new section of the Procurement Code is enacted to read:

     "[NEW MATERIAL] POLICY REGARDING PROCUREMENT FROM PERSONS WITH DISABILITIES.--

          A. No later than January 1, 2012 each state agency and each local public body shall adopt a policy regarding how that state agency or local public body intends to procure services from persons with disabilities. The policy shall include targets for contracting services with persons with disabilities such as a percentage of contracts, a number of contracts, a dollar amount or other appropriate measure that the state agency or local public body intends to meet during the calendar year. The policy shall be filed with the state purchasing agent and the New Mexico council for purchasing from persons with disabilities. The policy shall also be available on the web site of the state agency or local public body if the agency or public body maintains a web site.

          B. No later than January 1, 2013 and January 1 of each year thereafter, each state agency and each local public body shall evaluate whether the state agency or local public body followed the policy during the previous calendar year and whether the targets established in the policy for that year were met. As part of the evaluation, the state agency or local public body may amend its policy and set different targets for the current calendar year. The evaluation and amended policy shall be filed with the state purchasing agent and the New Mexico council for purchasing from persons with disabilities and posted on the state agency's or local public body's web site."

     SECTION 2. Section 13-1C-7 NMSA 1978 (being Laws 2005, Chapter 334, Section 7) is amended to read:

     "13-1C-7. PROCUREMENT BY STATE AGENCIES AND LOCAL PUBLIC BODIES--COOPERATIVE AGREEMENTS.--

          A. A state agency or local public body intending to procure a service on a list published by the council [shall] may, in accordance with rules of the council and the policy of the state agency or local public body regarding procurement of services from persons with disabilities, procure the service at the price established by the council if the service is available within the period required by the state agency or local public body. Procurement pursuant to the State Use Act is exempt from the provisions of the Procurement Code.

          B. The council and a state agency or local public body may enter into a cooperative agreement for effective coordination of the objectives of the State Use Act and any other law requiring procurement of services from a state agency or local public body."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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