0001| HOUSE BILL 1092 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| EDWARD C. SANDOVAL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC HEALTH; CREATING THE STATE PUBLIC HEALTH | 0012| FACILITIES AUTHORITY AND BOARD; CREATING LOCAL HEALTH | 0013| FACILITIES AUTHORITIES AND BOARDS; PROVIDING FOR THE POWERS AND | 0014| DUTIES OF THE AUTHORITIES AND THE BOARDS CREATED. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0018| through 10 of this act may be cited as the "Public Health | 0019| Facilities Authority Act". | 0020| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the | 0021| Public Health Facilities Authority Act is to create a statutory | 0022| mechanism by which public health facilities may be operated in | 0023| a competitive, less governmentally restricted environment, | 0024| while maintaining a publicly responsive health care | 0025| infrastructure that provides quality health care services to | 0001| the citizens of New Mexico, including continued support for the | 0002| indigent population of the state. | 0003| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0004| Public Health Facilities Authority Act: | 0005| A. "health facility" means a facility or entity | 0006| licensed by the department of health as a health facility; | 0007| B. "local authority" means a local public health | 0008| facilities authority created pursuant to the Public Health | 0009| Facilities Authority Act; | 0010| C. "local board" means a local health facilities | 0011| board created pursuant to the Public Health Facilities | 0012| Authority Act; | 0013| D. "public health facility" means a health | 0014| facility owned or operated by a state agency or institution or | 0015| an agency or institution of a political subdivision of the | 0016| state; and | 0017| E. "state authority" means the public health | 0018| facilities authority created pursuant to the Public Health | 0019| Facilities Authority Act. | 0020| Section 4. [NEW MATERIAL] CREATION OF THE PUBLIC | 0021| HEALTH FACILITIES AUTHORITY.-- | 0022| A. There is created as a public body politic and | 0023| corporate, separate and apart from the state, constituting a | 0024| governmental instrumentality to be known as the "public health | 0025| facilities authority". The state authority is created to | 0001| implement the provisions of the Public Health Facilities | 0002| Authority Act consistent with the public purposes stated in | 0003| Section 2 of that act. | 0004| B. The state authority shall be governed by a board | 0005| of directors composed of seven members who are residents of New | 0006| Mexico appointed by the governor, with the advice and consent | 0007| of the senate. The members shall be appointed in a manner to | 0008| provide geographic diversity, representation of both public and | 0009| private interests in the state and persons with knowledge of | 0010| health care policy with both provider and consumer interests | 0011| represented. | 0012| C. Board members shall be appointed for five-year | 0013| terms. To provide for staggered terms, four of the initially | 0014| appointed members shall be appointed for terms of five years | 0015| and three of the initially apppointed members shall be | 0016| appointed for terms of three years. Thereafter, all members | 0017| shall be appointed for five-year terms. A vacancy on the board | 0018| shall be filled by appointment by the governor for the | 0019| remainder of the unexpired term. A member shall serve until | 0020| his replacement is confirmed by the senate. Board members are | 0021| eligible for reappointment. | 0022| Section 5. [NEW MATERIAL] POWERS AND DUTIES OF THE | 0023| STATE AUTHORITY.--The state authority shall: | 0024| A. designate areas within the state that constitute | 0025| local areas for the purpose of creating local boards; | 0001| B. create local boards upon receipt of a petition | 0002| meeting the following conditions: | 0003| (1) petitioners shall be one or more current | 0004| operators or owners of a health facility or health facilities | 0005| to be included within the board's designated local area; | 0006| (2) petitioners shall submit an operational, | 0007| business and financial plan on behalf of the health facility or | 0008| health facilities proposed to be included in a designated local | 0009| area and shall also submit proposed bylaws of the local board | 0010| requested to be created; | 0011| (3) petitioners shall present a list of | 0012| proposed local board members; and | 0013| (4) petitioners shall prepare and present a | 0014| plan, which states the commitment and ability of the public | 0015| health facility or health facilities within the designated | 0016| local area to deliver indigent care; | 0017| C. approve, after legal review and approval by the | 0018| attorney general the sale, transfer or lease to the local board | 0019| of public health facilities from local governments or health | 0020| facilities from private entities, including transfer by | 0021| exchange; | 0022| D. establish criteria to require public health | 0023| facilities to continue to deliver indigent care and remain | 0024| eligible for medicaid, medicare, state and local health care | 0025| and indigent care funds; | 0001| E. approve the inclusion of a public health | 0002| facility owned or operated by a state agency or institution to | 0003| operate as part of any local authority or as part of the state | 0004| authority; | 0005| F. establish and review policies to promote access | 0006| and delivery of quality health care throughout the state to | 0007| assure that the creation and operation of local authorities | 0008| facilitates competition and results in enhanced coordination, | 0009| accessibility, affordability and efficiency in the delivery of | 0010| the health care; | 0011| G. prepare annual reports to the governor and | 0012| legislature about the status and operation of the state | 0013| authority and local authorities; and | 0014| H. exercise the powers granted to local authorities | 0015| in the event that state-owned public health facilities are | 0016| operated under the auspices of the state authority. | 0017| Section 6. [NEW MATERIAL] LOCAL BOARDS--CREATION-- | 0018| COMPOSITION.-- | 0019| A. Local boards shall be created pursuant to | 0020| petition to and approval by the state authority within areas | 0021| designated by the state authority for the purpose of owning and | 0022| operating or leasing public health facilities. | 0023| B. The membership of a local board shall be | 0024| representative of the residents of the designated local area | 0025| and shall include local government officials, representatives | 0001| of existing health facility governing boards, health | 0002| professionals, members of the public, consumer advocates and | 0003| other interested persons. The original members of the local | 0004| board, their terms and provisions for replacement of local | 0005| board members shall be proposed in the petition presented for | 0006| approval by the state authority. | 0007| Section 7. [NEW MATERIAL] LOCAL BOARDS--POWERS AND | 0008| DUTIES.--Local boards generally have all powers necessary and | 0009| convenient to carry out and effectuate the provisions of the | 0010| Public Health Facilities Authority Act pertaining to local | 0011| boards and have the power to: | 0012| A. sue and be sued; | 0013| B. purchase, lease, take, receive or otherwise | 0014| acquire, own, hold, use and otherwise deal in and with real or | 0015| personal property; | 0016| C. sell, convey, lease, pledge, exchange, transfer | 0017| and otherwise dispose of its assets for the consideration, | 0018| terms and conditions determined by the local board and in | 0019| accordance with applicable laws; | 0020| D. make contracts, incur liabilities and borrow | 0021| money at such rates of interest as may be determined by the | 0022| local board, but the local board has no authority to create a | 0023| debt that would be prohibited by law or the constitution of New | 0024| Mexico if created by the state or a political subdivision of | 0025| the state; | 0001| E. execute contracts and other instruments | 0002| necessary or convenient in the exercise of the powers and | 0003| functions of the local board; | 0004| F. receive and administer grants and private gifts; | 0005| G. receive funds from federal, state and local | 0006| government sources; | 0007| H. invest and reinvest its funds; | 0008| I. conduct its activities, carry out its operations | 0009| and maintain offices and facilities necessary and appropriate | 0010| to exercise its powers pursuant to the Public Health Facilities | 0011| Authority Act; | 0012| J. make and amend bylaws for the administration and | 0013| regulation of its affairs, including in those bylaws within its | 0014| discretion provisions indemnifying any person who is a local | 0015| board member, officer, employee or agent of the local board or | 0016| a public health facility under its control for liability | 0017| incurred or claimed for actions taken or not taken within the | 0018| scope of the person's duties or employment; | 0019| K. employ officers and employees, set their | 0020| compensation and describe their duties; | 0021| L. enter into agreements with insurance carriers to | 0022| insure against any loss in connection with its operations; | 0023| M. authorize retirement programs and other benefits | 0024| for its salaried officers and employees and salaried officers | 0025| and employees of a public health facility under its control; | 0001| and | 0002| N. employ fiscal consultants, attorneys and other | 0003| consultants and pay compensation to the persons employed. | 0004| Section 8. [NEW MATERIAL] EXEMPTIONS FROM CERTAIN | 0005| LAWS.--The provisions of the following laws shall not apply or | 0006| shall apply in only a limited manner to the state authority and | 0007| its board, the local authority and the local board and public | 0008| health facilities under their respective control or ownership: | 0009| A. the Personnel Act; | 0010| B. the Procurement Code; | 0011| C. those provisions of Section 10-15-2 NMSA 1978 | 0012| specifically exempting certain activities of state and local | 0013| boards from the provisions of the Open Meetings Act; | 0014| D. those provisions of Section 14-2-9 NMSA 1978 | 0015| specifically exempting certain records from the provisions of | 0016| the Inspection of Public Records Act; and | 0017| E. the Per Diem and Mileage Act. | 0018| Section 9. [NEW MATERIAL] ISSUANCE OF REVENUE BONDS.-- | 0019| The state authority and a local authority may issue negotiable | 0020| revenue bonds or notes or both. | 0021| Section 10. [NEW MATERIAL] DISSOLUTION.--On | 0022| termination or dissolution of the state authority or a local | 0023| authority, all rights and properties of the state authority or | 0024| the local authority shall be transferred by action of the | 0025| respective authority or, in the absence of that action, | 0001| automatically by operation of law, to the state or the local | 0002| governmental entity from which they were acquired, subject to | 0003| the rights of any bondholders, lienholder or creditors of the | 0004| respective authority. | 0005| | 0006| Section 11. Section 10-8-3 NMSA 1978 (being Laws 1971, | 0007| Chapter 116, Section 2, as amended) is amended to read: | 0008| "10-8-3. DEFINITIONS.--As used in the Per Diem and | 0009| Mileage Act: | 0010| A. "secretary" means the secretary of finance and | 0011| administration; | 0012| B. "employee" means any person who is in the employ | 0013| of any state agency, local public body or public post-secondary | 0014| educational institution and whose salary is paid either | 0015| completely or in part from public money, but does not include | 0016| jurors or jury commissioners; | 0017| C. "governing board" means the board of regents of | 0018| any institution designated in Article 12, Section 11 of the | 0019| constitution of New Mexico or designated in Chapter 21, Article | 0020| 14 NMSA 1978, or the board of any institution designated in | 0021| Chapter 21, Articles 13, 16 and 17 NMSA 1978; | 0022| D. "local public body" means all political | 0023| subdivisions of the state and their agencies, instrumentalities | 0024| and institutions, except public post-secondary educational | 0025| institutions and the local authorities and local boards | 0001| created pursuant to the Public Health Facilities Authority | 0002| Act; | 0003| E. "state agency" means the state or any of its | 0004| branches, agencies, departments, boards, instrumentalities or | 0005| institutions, except public post-secondary educational | 0006| institutions; | 0007| F. "public post-secondary educational institution" | 0008| means any institution designated in Article 12, Section 11 of | 0009| the constitution of New Mexico and any institution designated | 0010| in Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and | 0011| G. "public officer" or "public official" means | 0012| every elected or appointed officer of the state, local public | 0013| body or any public post-secondary educational institution. | 0014| "Public officer" includes members of advisory boards appointed | 0015| by any state agency, local public body or public post-secondary | 0016| educational institution." | 0017| Section 12. Section 10-9-4 NMSA 1978 (being Laws 1961, | 0018| Chapter 240, Section 4, as amended) is amended to read: | 0019| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the | 0020| service cover all state positions except: | 0021| A. officials elected by popular vote or appointed | 0022| to fill vacancies to elective offices; | 0023| B. members of boards and commissions and heads of | 0024| agencies appointed by the governor; | 0025| C. heads of agencies appointed by boards or | 0001| commissions; | 0002| D. directors of department divisions; | 0003| E. those in educational institutions and in public | 0004| schools; | 0005| F. those employed by state institutions and by | 0006| state agencies providing educational programs and who are | 0007| required to hold valid certificates as certified school | 0008| instructors as defined in Section 22-1-2 NMSA 1978 issued by | 0009| the state board of education; | 0010| G. those in the governor's office; | 0011| H. those in the state militia or the commissioned | 0012| officers of the New Mexico state police division of the | 0013| department of public safety; | 0014| I. those in the governmental instrumentality known | 0015| as the public health facilities authority created pursuant to | 0016| the Public Health Facilities Authority Act; | 0017| ~~[I.]~~ J. those in the judicial branch of | 0018| government; | 0019| ~~[J.]~~ K. those in the legislative branch of | 0020| government; | 0021| ~~[K.]~~ L. not more than two assistants and one | 0022| secretary in the office of each official listed in Subsections | 0023| A, B and C of this section, excluding members of boards and | 0024| commissions in Subsection B of this section; | 0025| ~~[L.]~~ M. those of a professional or scientific | 0001| nature which are temporary in nature; | 0002| ~~[M.]~~ N. those filled by patients or inmates in | 0003| charitable, penal or correctional institutions; | 0004| ~~[N.]~~ O. state employees if the personnel board | 0005| in its discretion decides that the position is one of | 0006| policymaking; and | 0007| ~~[O.]~~ P. disadvantaged youth under twenty-two | 0008| years of age regularly enrolled or to be enrolled in a | 0009| secondary educational institution approved by the state board | 0010| of education or in an accredited state institution of advanced | 0011| learning or vocational training and who are to be employed for | 0012| not more than seven hundred twenty hours during any calendar | 0013| year: | 0014| (1) the term "disadvantaged youth" shall be | 0015| defined for purposes of this exemption by regulation duly | 0016| promulgated by the board; and | 0017| (2) the board shall: | 0018| (a) require that all the criteria of | 0019| this subsection have been met; | 0020| (b) establish employment lists for the | 0021| certification of the highest-standing candidates to the | 0022| prospective employers; and | 0023| (c) establish the pay rates for such em- | 0024| | 0025| ployees." | 0001| Section 13. Section 10-15-1 NMSA 1978 (being Laws 1974, | 0002| Chapter 91, Section 1, as amended) is amended to read: | 0003| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN | 0004| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.-- | 0005| A. In recognition of the fact that a representative | 0006| government is dependent upon an informed electorate, it is | 0007| declared to be public policy of this state that all persons are | 0008| entitled to the greatest possible information regarding the | 0009| affairs of government and the official acts of those officers | 0010| and employees who represent them. The formation of public | 0011| policy or the conduct of business by vote shall not be | 0012| conducted in closed meeting. All meetings of any public body | 0013| except the legislature and the courts shall be public meetings, | 0014| and all persons so desiring shall be permitted to attend and | 0015| listen to the deliberations and proceedings. Reasonable | 0016| efforts shall be made to accommodate the use of audio and video | 0017| recording devices. | 0018| B. All meetings of a quorum of members of any | 0019| board, commission, administrative adjudicatory body or other | 0020| policymaking body of any state agency, any agency or authority | 0021| of any county, municipality, district or any political | 0022| subdivision, held for the purpose of formulating public policy, | 0023| including the development of personnel policy, rules, | 0024| regulations or ordinances, discussing public business or for | 0025| the purpose of taking any action within the authority of or the | 0001| delegated authority of any board, commission or other | 0002| policymaking body are declared to be public meetings open to | 0003| the public at all times, except as otherwise provided in the | 0004| constitution of New Mexico or the Open Meetings Act. No public | 0005| meeting once convened that is otherwise required to be open | 0006| pursuant to the Open Meetings Act shall be closed or dissolved | 0007| into small groups or committees for the purpose of permitting | 0008| the closing of the meeting. | 0009| C. If otherwise allowed by law or rule of the | 0010| public body, a member of a public body may participate in a | 0011| meeting of the public body by means of a conference telephone | 0012| or other similar communications equipment when it is otherwise | 0013| difficult or impossible for the member to attend the meeting in | 0014| person, provided that each member participating by conference | 0015| telephone can be identified when speaking, all participants are | 0016| able to hear each other at the same time and members of the | 0017| public attending the meeting are able to hear any member of the | 0018| public body who speaks during the meeting. | 0019| D. Any meetings at which the discussion or adoption | 0020| of any proposed resolution, rule, regulation or formal action | 0021| occurs and at which a majority or quorum of the body is in | 0022| attendance, and any closed meetings, shall be held only after | 0023| reasonable notice to the public. The affected body shall | 0024| determine at least annually in a public meeting what notice for | 0025| a public meeting is reasonable when applied to that body. That | 0001| notice shall include broadcast stations licensed by the federal | 0002| communications commission and newspapers of general circulation | 0003| that have provided a written request for such notice. | 0004| E. A public body may recess and reconvene a meeting | 0005| to a day subsequent to that stated in the meeting notice if, | 0006| prior to recessing, the public body specifies the date, time | 0007| and place for continuation of the meeting, and, immediately | 0008| following the recessed meeting, posts notice of the date, time | 0009| and place for the reconvened meeting on or near the door of the | 0010| place where the original meeting was held and in at least one | 0011| other location appropriate to provide public notice of the | 0012| continuation of the meeting. Only matters appearing on the | 0013| agenda of the original meeting may be discussed at the | 0014| reconvened meeting. | 0015| F. Meeting notices shall include an agenda | 0016| containing a list of specific items of business to be discussed | 0017| or transacted at the meeting or information on how the public | 0018| may obtain a copy of such an agenda. Except in the case of an | 0019| emergency, the agenda shall be available to the public at least | 0020| twenty-four hours prior to the meeting. Except for emergency | 0021| matters, a public body shall take action only on items | 0022| appearing on the agenda. For purposes of this subsection, an | 0023| "emergency" refers to unforeseen circumstances that, if not | 0024| addressed immediately by the public body, will likely result in | 0025| injury or damage to persons or property or substantial | 0001| financial loss to the public body. | 0002| G. The board, commission or other policymaking body | 0003| shall keep written minutes of all its meetings. The minutes | 0004| shall include at a minimum the date, time and place of the | 0005| meeting, the names of members in attendance and those absent, | 0006| the substance of the proposals considered and a record of any | 0007| decisions and votes taken that show how each member voted. All | 0008| minutes are open to public inspection. Draft minutes shall be | 0009| prepared within ten working days after the meeting and shall be | 0010| approved, amended or disapproved at the next meeting where a | 0011| quorum is present. Minutes shall not become official until | 0012| approved by the policymaking body. | 0013| H. The provisions of Subsections A, B and G of this | 0014| section do not apply to: | 0015| (1) meetings pertaining to issuance, | 0016| suspension, renewal or revocation of a license, except that a | 0017| hearing at which evidence is offered or rebutted shall be open. | 0018| All final actions on the issuance, suspension, renewal or | 0019| revocation of a license shall be taken at an open meeting; | 0020| (2) limited personnel matters; provided that | 0021| for purposes of the Open Meetings Act, "limited personnel | 0022| matters" means the discussion of hiring, promotion, demotion, | 0023| dismissal, assignment or resignation of or the investigation or | 0024| consideration of complaints or charges against any individual | 0025| public employee; provided further that this subsection is not | 0001| to be construed as to exempt final actions on personnel from | 0002| being taken at open public meetings, nor does it preclude an | 0003| aggrieved public employee from demanding a public hearing. | 0004| Judicial candidates interviewed by any commission shall have | 0005| the right to demand an open interview; | 0006| (3) deliberations by a public body in | 0007| connection with an administrative adjudicatory proceeding. For | 0008| purposes of this paragraph, an "administrative adjudicatory | 0009| proceeding" means a proceeding brought by or against a person | 0010| before a public body in which individual legal rights, duties | 0011| or privileges are required by law to be determined by the | 0012| public body after an opportunity for a trial-type hearing. | 0013| Except as otherwise provided in this section, the actual | 0014| administrative adjudicatory proceeding at which evidence is | 0015| offered or rebutted and any final action taken as a result of | 0016| the proceeding shall occur in an open meeting; | 0017| (4) the discussion of personally identifiable | 0018| information about any individual student, unless the student, | 0019| his parent or guardian requests otherwise; | 0020| (5) meetings for the discussion of bargaining | 0021| strategy preliminary to collective bargaining negotiations | 0022| between the policymaking body and a bargaining unit | 0023| representing the employees of that policymaking body and | 0024| collective bargaining sessions at which the policymaking body | 0025| and the representatives of the collective bargaining unit are | 0001| present; | 0002| (6) that portion of meetings at which a | 0003| decision concerning purchases in an amount exceeding two | 0004| thousand five hundred dollars ($2,500) that can be made only | 0005| from one source and that portion of meetings at which the | 0006| contents of competitive sealed proposals solicited pursuant to | 0007| the Procurement Code are discussed during the contract | 0008| negotiation process. The actual approval of purchase of the | 0009| item or final action regarding the selection of a contractor | 0010| shall be made in an open meeting; | 0011| (7) meetings subject to the attorney-client | 0012| privilege pertaining to threatened or pending litigation in | 0013| which the public body is or may become a participant; | 0014| (8) meetings for the discussion of the | 0015| purchase, acquisition or disposal of real property or water | 0016| rights by the public body; ~~[and]~~ | 0017| (9) those portions of meetings of committees | 0018| or boards of public hospitals that receive less than fifty | 0019| percent of their operating budget from direct public funds and | 0020| appropriations where strategic and long-range business plans | 0021| are discussed; and | 0022| (10) meetings of the board of directors of the | 0023| public health facilities authority or a local board of a local | 0024| public health facilities authority held pursuant to the | 0025| provisions of the Public Health Facilities Authority Act. | 0001| I. If any meeting is closed pursuant to the | 0002| exclusions contained in Subsection H of this section, the | 0003| closure: | 0004| (1) if made in an open meeting, shall be | 0005| approved by a majority vote of a quorum of the policymaking | 0006| body; the authority for the closure and the subject to be | 0007| discussed shall be stated with reasonable specificity in the | 0008| motion calling for the vote on a closed meeting; the vote shall | 0009| be taken in an open meeting; and the vote of each individual | 0010| member shall be recorded in the minutes. Only those subjects | 0011| announced or voted upon prior to closure by the policymaking | 0012| body may be discussed in a closed meeting; and | 0013| (2) if called for when the policymaking body | 0014| is not in an open meeting, shall not be held until public | 0015| notice, appropriate under the circumstances, stating the | 0016| specific provision of the law authorizing the closed meeting | 0017| and stating with reasonable specificity the subject to be | 0018| discussed is given to the members and to the general public. | 0019| J. Following completion of any closed meeting, the | 0020| minutes of the open meeting that was closed or the minutes of | 0021| the next open meeting if the closed meeting was separately | 0022| scheduled shall state that the matters discussed in the closed | 0023| meeting were limited only to those specified in the motion for | 0024| closure or in the notice of the separate closed meeting. This | 0025| statement shall be approved by the public body under Subsection | 0001| G of this section as part of the minutes." | 0002| Section 14. Section 13-1-98 NMSA 1978 (being Laws 1984, | 0003| Chapter 65, Section 71, as amended) is amended to read: | 0004| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The | 0005| provisions of the Procurement Code shall not apply to: | 0006| A. procurement of items of tangible personal | 0007| property or services by a state agency or a local public body | 0008| from a state agency, a local public body or external | 0009| procurement unit except as otherwise provided in Sections | 0010| 13-1-135 through 13-1-137 NMSA 1978; | 0011| B. procurement of tangible personal property or | 0012| services for the governor's mansion and grounds; | 0013| C. printing and duplicating contracts involving | 0014| materials which are required to be filed in connection with | 0015| proceedings before administrative agencies or state or federal | 0016| courts; | 0017| D. purchases of publicly provided or publicly | 0018| regulated gas, electricity, water, sewer and refuse collection | 0019| services; | 0020| E. purchases of books and periodicals from the | 0021| publishers or copyright holders thereof; | 0022| F. travel or shipping by common carrier or by | 0023| private conveyance or to meals and lodging; | 0024| G. purchase of livestock at auction rings or to the | 0025| procurement of animals to be used for research and | 0001| experimentation or exhibit; | 0002| H. contracts with businesses for public school | 0003| transportation services; | 0004| I. procurement of tangible personal property or | 0005| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, | 0006| by the corrections industries division of the corrections | 0007| department pursuant to regulations adopted by the corrections | 0008| ~~[industries]~~ commission, which shall be reviewed by the | 0009| purchasing division of the general services department prior to | 0010| adoption; | 0011| J. minor purchases consisting of magazine | 0012| subscriptions, conference registration fees and other similar | 0013| purchases where prepayments are required; | 0014| K. municipalities having adopted home rule charters | 0015| and having enacted their own purchasing ordinances; | 0016| L. the issuance, sale and delivery of public | 0017| securities pursuant to the applicable authorizing statute, with | 0018| the exception of bond attorneys and general financial | 0019| consultants; | 0020| M. contracts entered into by a local public body | 0021| with a private independent contractor for the operation, or | 0022| provision and operation, of a jail pursuant to Sections 33-3-26 | 0023| and 33-3-27 NMSA 1978; | 0024| N. contracts for maintenance of grounds and | 0025| facilities at highway rest stops and other employment | 0001| opportunities, excluding those intended for the direct care and | 0002| support of persons with handicaps, entered into by state | 0003| agencies with private, nonprofit, independent contractors who | 0004| provide services to persons with handicaps; | 0005| O. contracts and expenditures for services to be | 0006| paid or compensated by money or other property transferred to | 0007| New Mexico law enforcement agencies by the United States | 0008| department of justice drug enforcement administration; | 0009| P. contracts for retirement and other benefits | 0010| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; | 0011| ~~[and]~~ | 0012| Q. contracts with professional entertainers; and | 0013| R. procurement of tangible personal property or | 0014| services by the public health facilities authority or a local | 0015| public health facilities authority pursuant to the Public | 0016| Health Facilities Authority Act." | 0017| Section 15. Section 13-6-2.1 NMSA 1978 (being Laws 1989, | 0018| Chapter 380, Section 1) is amended to read: | 0019| "13-6-2.1. LEASES--BOARD OF FINANCE APPROVAL.-- | 0020| A. Any sale, trade or lease for a period of more | 0021| than five years but less than twenty-five years in duration of | 0022| real property belonging to any state agency, local public body, | 0023| school district or state educational institution or any sale, | 0024| trade or lease of such real property for a consideration of | 0025| more than twenty-five thousand dollars ($25,000) but less than | 0001| one hundred thousand dollars ($100,000) shall not be valid | 0002| unless it is approved prior to its effective date by the state | 0003| board of finance. | 0004| B. The provisions of this section shall not be | 0005| applicable as to those institutions specifically enumerated in | 0006| Article 12, Section 11 of the constitution of New Mexico, the | 0007| state land office ~~[or]~~, the state highway commission or the | 0008| public health facilities authority or a local public health | 0009| facilities authority created pursuant to the provisions of the | 0010| Public Health Facilities Authority Act." | 0011| Section 16. Section 14-2-6 NMSA 1978 (being Laws 1993, | 0012| Chapter 258, Section 3) is amended to read: | 0013| "14-2-6. DEFINITIONS.--As used in the Inspection of | 0014| Public Records Act: | 0015| A. "custodian" means any person responsible for the | 0016| maintenance, care or keeping of a public body's public records, | 0017| regardless of whether the records are in that person's actual | 0018| physical custody and control; | 0019| B. "inspect" means to review all public records | 0020| that are not excluded in Section 14-2-1 NMSA 1978; | 0021| C. "person" means any individual, corporation, | 0022| partnership, firm, association or entity; | 0023| D. "public body" means the executive, legislative | 0024| and judicial branches of state and local governments and all | 0025| advisory boards, commissions, committees, agencies or entities | 0001| created by the constitution or any branch of government that | 0002| receives any public funding, including political subdivisions, | 0003| special taxing districts, school districts and institutions of | 0004| higher education, but "public body" does not include the | 0005| public health facilities authority or a local public health | 0006| facilities authority created pursuant to the Public Health | 0007| Facilities Authority Act; and | 0008| E. "public records" means all documents, papers, | 0009| letters, books, maps, tapes, photographs, recordings and other | 0010| materials, regardless of physical form or characteristics, that | 0011| are used, created, received, maintained or held by or on behalf | 0012| of any public body and relate to public business, whether or | 0013| not the records are required by law to be created or | 0014| maintained." | 0015| Section 17. SEVERABILITY. If any part or application of | 0016| the Public Health Facilities Authority Act is held invalid, the | 0017| remainder or its application to other situations or persons | 0018| shall not be affected. | 0019| Section 18. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1997. | 0021| State of New Mexico | 0022| House of Representatives | 0023| | 0024| FORTY-THIRD LEGISLATURE | 0025| FIRST SESSION, 1997 | 0001| | 0002| | 0003| February 27, 1997 | 0004| | 0005| | 0006| Mr. Speaker: | 0007| | 0008| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0009| whom has been referred | 0010| | 0011| HOUSE BILL 1092 | 0012| | 0013| has had it under consideration and reports same with | 0014| recommendation that it DO PASS, and thence referred to the | 0015| CONSUMER AND PUBLIC AFFAIRS COMMITTEE. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| Lynda M. Lovejoy, Chairwoman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 6 For 0 Against | 0008| Yes: 6 | 0009| Excused: Hobbs, Wallace | 0010| Absent: None | 0011| | 0012| | 0013| G:\BILLTEXT\BILLW_97\H1092 State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| March 4, 1997 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0001| whom has been referred | 0002| | 0003| HOUSE BILL 1092 | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS, and thence referred to the | 0007| JUDICIARY COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Gary King, Chairman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 6 For 2 Against | 0025| Yes: 6 | 0001| No: Dana, King | 0002| Excused: Rios, Sandel | 0003| Absent: None | 0004| | 0005| | 0006| G:\BILLTEXT\BILLW_97\H1092 State of New Mexico | 0007| House of Representatives | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| March 19, 1997 | 0014| | 0015| | 0016| Mr. Speaker: | 0017| | 0018| Your JUDICIARY COMMITTEE, to whom has been referred | 0019| | 0020| HOUSE BILL 1092 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO NOT PASS, but that | 0024| | 0025| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0001| HOUSE BILL 1092 | 0002| | 0003| DO PASS. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| Thomas P. Foy, Chairman | 0012| | 0013| | 0014| Adopted Not Adopted | 0015| | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| Date | 0019| | 0020| The roll call vote was 11 For 0 Against | 0021| Yes: 11 | 0022| Excused: Rios, Sanchez | 0023| Absent: None | 0024| | 0025| G:\BILLTEXT\BILLW_97\H1092 | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 21, 1997 | 0007| | 0008| Mr. President: | 0009| | 0010| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0011| referred | 0012| | 0013| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0014| HOUSE BILL 1092 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| __________________________________ | 0023| Shannon Robinson, Chairman | 0024| | 0025| | 0001| Adopted_______________________ Not Adopted_______________________ | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| | 0005| Date ________________________ | 0006| | 0007| | 0008| The roll call vote was 5 For 1 Against | 0009| Yes: 5 | 0010| No: Adair | 0011| Excused: Boitano, Ingle, Smith | 0012| Absent: None | 0013| | 0014| | 0015| | 0016| H1092PA1 |