0001| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 109 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO GOVERNMENT PAYMENTS; REDUCING THE TIME FOR PAYMENTS | 0013| FROM GOVERNMENT; AMENDING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984, | 0017| Chapter 65, Section 131, as amended) is amended to read: | 0018| "13-1-158. PAYMENTS FOR PURCHASES.-- | 0019| A. No warrant, check or other negotiable instrument | 0020| shall be issued in payment for any purchase of services, | 0021| construction or items of tangible personal property unless the | 0022| central purchasing office or the using agency certifies that | 0023| the services, construction or items of tangible personal | 0024| property have been received and meet specifications or unless | 0025| prepayment is permitted under Section 13-1-98 NMSA 1978 by | 0001| exclusion of the purchase from the Procurement Code. | 0002| B. Unless otherwise agreed upon by the parties or | 0003| unless otherwise specified in the invitation for bids, request | 0004| for proposals or other solicitation, within fifteen days from | 0005| the date the [state] central purchasing office or [state] using | 0006| agency receives written notice from the contractor that payment | 0007| is requested for services or construction completed or items of | 0008| tangible personal property delivered on site and received [by | 0009| the state], the [state] central purchasing office or [state] | 0010| using agency shall issue a written certification of complete or | 0011| partial acceptance or rejection of the services, construction | 0012| or items of tangible personal property. | 0013| C. Upon certification by the [state] central | 0014| purchasing office or the [state] using agency that the | 0015| services, construction or items of tangible personal property | 0016| have been received and accepted, payment shall be tendered to | 0017| the contractor within [sixty] thirty days of the date of | 0018| certification. If payment is made by mail, the payment shall | 0019| be deemed tendered on the date it is postmarked. After the | 0020| [sixtieth] thirtieth day from the date that written | 0021| certification of acceptance is issued, late payment charges | 0022| shall be paid on the unpaid balance due on the contract to the | 0023| contractor at the rate of one and one-half percent per month. | 0024| D. Late payment charges that differ from the | 0025| provisions of Subsection C of this section may be assessed if | 0001| specifically provided for by contract or pursuant to tariffs | 0002| approved by the New Mexico public utility commission or the | 0003| state corporation commission." | 0004| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984, | 0005| Chapter 65, Section 143) is amended to read: | 0006| "13-1-170. UNIFORM CONTRACT CLAUSES.-- | 0007| A. A state agency, local public body or central | 0008| purchasing office with the power to issue regulations may require | 0009| by regulation that contracts include uniform clauses providing for | 0010| termination of contracts, adjustments in prices, adjustments in | 0011| time of performance or other contract provisions as appropriate, | 0012| including but not limited to the following subjects: | 0013| [A.] (1) the unilateral right of a state agency or | 0014| a local public body to order in writing: | 0015| [(1)] (a) changes in the work within the scope | 0016| of the contract; and | 0017| [(2)] (b) temporary stoppage of the work or the | 0018| delay of performance; | 0019| [B.] (2) variations occurring between estimated | 0020| quantities of work in a contract and actual quantities; | 0021| [C.] (3) liquidated damages; | 0022| [D.] (4) permissible excuses for delay or | 0023| nonperformance; | 0024| [E.] (5) termination of the contract for default; | 0025| [F.] (6) termination of the contract in whole or in | 0001| part for the convenience of the state agency or a local public | 0002| body; | 0003| [G.] (7) assignment clauses providing for the | 0004| assignment by the contractor to the state agency or a local public | 0005| body of causes of action for violation of state or federal | 0006| antitrust statutes; | 0007| [H.] (8) identification of subcontractors by | 0008| bidders in bids; and | 0009| [I.] (9) uniform subcontract clauses in contracts. | 0010| B. A state agency, local public body or central | 0011| purchasing office with the power to issue regulations shall | 0012| require by regulation that contracts include a clause imposing | 0013| late payment charges against the state agency, local public body | 0014| or central purchasing office in the amount and under the | 0015| conditions stated in Section 13-1-158 NMSA 1978." | 0016| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992, | 0017| Chapter 64, Section 10, as amended) is amended to read: | 0018| "74-6B-13. PAYMENT PROGRAM.-- | 0019| A. Unless provided otherwise in this section, all costs | 0020| in excess of ten thousand dollars ($10,000) that are necessary to | 0021| perform a minimum site assessment in accordance with the | 0022| regulations of the board shall be paid from the corrective action | 0023| fund. In the event that an owner or operator has performed a | 0024| minimum site assessment after March 7, 1990 but prior to March 9, | 0025| 1992 and has expended more than ten thousand dollars ($10,000), | 0001| the owner or operator may apply to the department for | 0002| reimbursement of the costs of the minimum site assessment in | 0003| excess of ten thousand dollars ($10,000) and shall be entitled to | 0004| reimbursement of those costs to the extent that money is | 0005| available. | 0006| B. An owner or operator who has performed or who has | 0007| made arrangements to perform corrective action after March 7, 1990 | 0008| and in accordance with applicable environmental laws and | 0009| regulations may apply to the department for payment of the costs | 0010| of corrective action, other than a minimum site assessment, and | 0011| shall be entitled to payment of those costs from the corrective | 0012| action fund, if he has proven to the department that he has | 0013| complied with the requirements of Section 74-6B-8 NMSA 1978 and if | 0014| money is available in the fund. | 0015| C. Payment of the cost of corrective action, including | 0016| the cost of a minimum site assessment, shall be made by the | 0017| department following application and proper documentation of the | 0018| costs and in accordance with regulations adopted by the secretary | 0019| establishing eligible and ineligible costs. Eligible costs for | 0020| payment are those reasonable and necessary costs actually incurred | 0021| after March 7, 1990 in the performance of a site assessment and | 0022| for corrective action that are consistent with the department's | 0023| fee schedule. Ineligible costs include [attorneys'] attorney | 0024| fees, repair or upgrade of tanks, loss of revenue and costs of | 0025| monitoring a contractor. | 0001| D. The department shall adopt regulations to provide for | 0002| payments from the corrective action fund, to the extent that money | 0003| is available in the fund, to persons who cannot afford to pay all | 0004| or a portion of the initial ten thousand dollar ($10,000) cost of | 0005| a minimum site assessment otherwise required in this section. The | 0006| department shall develop a financial assistance means test, | 0007| including a sliding scale of financial relief as the department | 0008| deems appropriate, that allows some or all of the minimum site | 0009| assessment costs to be paid from the corrective action fund. This | 0010| financial assistance relief shall be available to owners or | 0011| operators who performed or made arrangements to perform corrective | 0012| action after March 7, 1990. | 0013| E. All department determinations concerning the manner | 0014| of payment, compliance and cost eligibility shall be made in | 0015| accordance with department regulations. | 0016| F. If the owner or operator is in compliance with the | 0017| requirements of Subsection B of Section 74-6B-8 NMSA 1978, payment | 0018| of costs from the corrective action fund shall occur not later | 0019| than [ninety] thirty days after the submission of the application | 0020| and proper documentation of costs by the owner or operator, except | 0021| as provided in Section 74-6B-14 NMSA 1978. | 0022| G. The department shall reserve not less than | 0023| twenty-five percent of the unexpended, unencumbered balance of the | 0024| corrective action fund on July 1 of each year for the payment of | 0025| claims made on the fund." | 0001|  |