HOUSE BILL 130

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Stephanie Garcia Richard

AN ACT

RELATING TO PROCUREMENT; REVISING THE DEFINITION OF "SMALL BUSINESS"; REQUIRING THE STATE PROCUREMENT STANDARDS AND SPECIFICATIONS COMMITTEE TO PERIODICALLY REVIEW REQUESTS FOR PROPOSALS; REVISING THE COMPOSITION OF THE COMMITTEE.

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

     SECTION 1. Section 13-1-88 NMSA 1978 (being Laws 1984, Chapter 65, Section 61) is amended to read:

     "13-1-88. DEFINITION--SMALL BUSINESS.--"Small business" means a business that is not a subsidiary or division of another business [having] and that has:

          A. an average annual volume for the preceding three fiscal years [which] that does not exceed one million five hundred thousand dollars ($1,500,000); or

          B. an average number of employees for the preceding three fiscal years that does not exceed one hundred fifty."

     SECTION 2. Section 13-1-162 NMSA 1978 (being Laws 1984, Chapter 65, Section 135) is amended to read:

     "13-1-162. STATE PROCUREMENT STANDARDS AND SPECIFICATIONS COMMITTEE--TERMS--STAFF.--

          A. There is created a "state procurement standards and specifications committee". The state purchasing agent is a member and the [chairman] chair of the committee.

          B. The committee consists of [eleven] thirteen members knowledgeable in procurement procedures. In addition to the state purchasing agent, the following members shall be appointed by the secretary with the approval of the governor [as follows]:

                (1) one representative of the [state highway] department of transportation;

                (2) one representative of the department of health [and environment department];

                (3) one representative of the corrections department;

                (4) one person who is an elected county official or [is] a full-time county employee;

                (5) one person who is an elected municipal official or [is] a full-time municipal employee;

                (6) one person who is an elected district school board member or [is] a full-time school employee;

                (7) two persons representing other state

departments; and

                (8) [two] four persons representing the private sector.

          C. The terms of all committee members are limited to the term of the governor under whom they were appointed; provided, however, that the terms of the county, municipal and district school board members are further conditioned upon their continuing service with the local governing body [which] that qualified their appointment.

          D. The state purchasing agent shall provide the necessary staff for the committee."

     SECTION 3. Section 13-1-163 NMSA 1978 (being Laws 1984, Chapter 65, Section 136) is amended to read:

     "13-1-163. COMMITTEE POWERS AND DUTIES--SPECIAL COMMITTEES--ANNUAL REPORT.--

          A. The state procurement standards and specifications committee shall prepare standards, specifications and a list of acceptable brand-name items and shall seek the advice and assistance of state agencies and local public bodies to ascertain their common and special requirements.

          B. The committee shall meet monthly and conduct reviews of requests for proposals to identify any concerns with the preparation or contents of the requests for proposals. If the committee identifies a concern with a request for proposals, the committee shall inform the relevant agency of the committee's concern and shall provide a recommendation on how to remedy the concern.

          [B.] C. The committee shall develop model specifications for all state agencies and local public bodies.

          [C.] D. The committee shall assist the state purchasing agent in the preparation of rules and regulations.

          [D.] E. The committee shall appoint special committees consisting of representatives of state departments, local public bodies and private industry, including technical consultants, for the study of any commodity or commodity group whenever such appointment is necessary or reasonable. The special committee shall automatically dissolve upon the completion of its specific task.

          [E.] F. The committee and special committees may make use of the laboratories, engineering facilities and technical staff of any state department or agency, including educational institutions, in connection with the performance of their duties.

          [F.] G. The state purchasing agent shall report annually to the secretary on the work done by the committee and its special committees and on the concerns that the committee noted in its review of requests for proposals pursuant to Subsection B of this section during the calendar year. The report shall be made available to the legislature by delivering a copy to the legislative finance committee prior to the beginning of each annual legislative session.

         [G.] H. No standard, specification, acceptable brand list, rule or regulation recommended by the committee shall be construed to alter the authority of any state agency or local public body."

    SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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