reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-21 - [Public contracts with nonresident persons or partnerships or unadmitted foreign corporations; agent for service of process.]

That all contracts entered into by the state of New Mexico, any political subdivision of the state of New Mexico or any institution or department of the state of New Mexico, with any person or partnership not a resident of the state of New Mexico, or with any foreign corporation not authorized to do business in the state of New Mexico, for the furnishing of any materials or supplies or for the performance of any public work within the state of New Mexico by such nonresident person, partnership or foreign corporation not authorized to do business in the state of New Mexico, shall contain a specific provision designating an agent of such person, partnership or corporation, resident within the state of New Mexico, with his residence and post-office address, upon whom process and writs in any action or proceeding against any such nonresident person, partnership or corporation may be served in any action arising out of such contract to the same effect as though such person, partnership or corporation were actually and personally served within the state of New Mexico.
History:
Laws 1937, ch. 144, § 1; 1941 Comp., § 6-515; 1953 Comp., § 6-6-14.
ANNOTATIONS
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-22 - [Secretary of state as agent for service.]

In the event any such contract shall not contain the provision above set forth in Section 1 [13-4-21 NMSA 1978] of this act, or in the event the agent so designated in such contract shall die or remove from the state of New Mexico, then and in such event, the nonresident person, partnership or foreign corporation, as the case may be, by entering into said contract shall be deemed to have named the secretary of the state of New Mexico, and his successor in office, as the true and lawful agent of such person, partnership or corporation upon whom such legal process or writs may be served in any action arising out of such contract, and when service is made upon the secretary of state in the manner hereinafter provided, such service shall have the same force and effect as though personal service had been made upon such person, partnership or corporation within the state of New Mexico.
History:
Laws 1937, ch. 144, § 2; 1941 Comp., § 6-516; 1953 Comp., § 6-6-15.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-23 - [Service where there is no designated agent.]

The manner of procuring and serving process in any action brought pursuant to the provisions of this act [13-4-21 to 13-4-24 NMSA 1978] when there has been, either, no designation of an agent in any such public contract, or where the agent named in such contract has died or removed from the state so that service cannot be had upon such agent, shall be as follows, to-wit: - the plaintiff, at the time of filing his complaint shall allege and set forth in his complaint or in an affidavit, to the satisfaction of the judge of the court having jurisdiction, that the defendant is one of the persons, partnerships or corporations contemplated in Section 1 [13-4-21 NMSA 1978] of this act, with the residence of said defendant, if known, and the further fact that said defendant has no designated agent within the state. Upon such showing being made, the judge shall make an order directing that service of process be made upon the defendant by delivering two copies of the process and of the complaint and of said order to the secretary of the state of New Mexico, with instructions and directions to the secretary of the state to forward one copy of said summons, complaint or other process, together with a copy of such order of the court to said defendant by registered mail to the address shown in the complaint or affidavit, as the case may be; and that in addition to making service upon the secretary of the state, the order of the court shall also direct that a copy of the process, together with a copy of the complaint and of said order accompanied by a notice that the same has been served upon the secretary of the state, pursuant to this act, be delivered to the defendant without the state. Proof of such service shall be made by affidavit filed in said action, and service shall be deemed complete thirty days from the date such personal service is made on the defendant.
History:
Laws 1937, ch. 144, § 3; 1941 Comp., § 6-517; 1953 Comp., § 6-6-16.
ANNOTATIONS
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-24 - [Continuances.]

The court in which any such action is pending shall, upon affidavit submitted upon behalf of the defendant, grant such additional time to answer, or continuances, as shall be reasonably necessary to allow the defendant full opportunity to plead and prepare for the trial of said action.
History:
Laws 1937, ch. 144, § 4; 1941 Comp., § 6-518; 1953 Comp., § 6-6-17.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 13-4-25 and 13-4-26 NMSA 1978, as amended by Laws 1983, ch. 301, §§ 29, 30, relating to architectural contracts and architect rate schedules for capital projects, effective November 1, 1984. For present comparable provisions,
see
13-1-123 and 13-1-124 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-27 to 13-4-30 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 68, § 12 repealed 13-4-27 to 13-4-30 NMSA 1978, as enacted by Laws 1985, ch. 124, §§ 1, 2, and 4 and Laws 1989, ch. 217, § 1, as amended by Laws 1995, ch. 147, §§ 1 to 3, relating to the payment of public works contracts, effective June 15, 2001. For provisions of former sections,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-31 - Short title.

Sections 1 through 12 [13-4-31 to 13-4-42 NMSA 1978] of this act may be cited as the "Subcontractors Fair Practices Act".
History:
Laws 1988, ch. 18, § 1.
ANNOTATIONS
Meaning of "this act".
— The term "this act" refers to Laws 1988, Chapter 18, §§ 1 to 12 of which appears as 13-4-31 to 13-4-42 NMSA 1978. Section 13 of Laws 1988, Chapter 18 appears as 13-4-43 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-32 - Legislative findings.

The legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration and repair of public works projects often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among contractors and subcontractors and lead to insolvencies and loss of wages to employees.
History:
Laws 1988, ch. 18, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-33 - Definitions.

As used in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978]:
A. "contractor" means the prime contractor on a public works construction project who contracts directly with the using agency;
B. "subcontractor" means a contractor who contracts directly with the contractor;
C. "listing threshold" means the dollar amount, stipulated in the bidding documents, above which subcontractors must be listed;
D. "notice" means information, advice or a written warning intended to apprise a contractor, subcontractor or using agency of some proceeding in which the contractor's, subcontractor's or using agency's interests are involved or to inform him of some fact that is his right to know. Notice may be sent to a contractor, subcontractor or using agency by certified or registered mail and shall be deemed to be completed upon date of mailing; and
E. "using agency" means any state agency or local public body requiring services or construction.
History:
Laws 1988, ch. 18, § 3; 1995, ch. 82, § 2.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in Subsection D, substituted "subcontractor or using agency" for "or subcontractor" twice, substituted "the contractor's, subcontractor's or using agency's" for "his", and substituted "that" for "which".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-34 - Listing of subcontractors; requirements.

A. Any using agency taking bids for any public works construction project shall provide in the bidding documents prepared for that project a listing threshold which shall be five thousand dollars ($5,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater. If the bidding documents do not include a listing threshold, then the using agency shall supply the listing threshold. If the listing threshold has not been included, the bid opening shall be postponed until the using agency has complied with this section. Any contractor or subcontractor interested in bidding may apply to the district court in the county in which the project will be located for an injunction preventing the bid opening until the using agency has complied with this section. Any person submitting a bid shall in his bid set forth:
(1) the name and the city or county of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount in excess of the listing threshold; and
(2) the category of the work that will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid.
B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this section is a nonresponsive bid which shall not be accepted by a using agency.
History:
Laws 1988, ch. 18, § 4; 1989, ch. 296, § 1; 1995, ch. 82, § 3.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in Subsection A, inserted "not including alternates", added the second through fourth sentences, substituted in Paragraph A(1) "the city or county" for "location", and in Paragraph A(2) substituted "category" for "nature" and "that" for "which"; and in Subsection B, substituted "a contractor who" for "any person which".
Separate categories of work in one bid request.
— Although there was only one invitation for bids, since it requested two distinct bids covering a single bid lot and a combination of that bid lot with another, the contractor should have listed the subcontractor who would perform each category of work.
Dynacon, Inc. v. D & S Contracting
, 1995-NMCA-071, 120 N.M. 170, 899 P.2d 613.
Written contract not required for listing as subcontractor.
— The absence of a written contract between a general contractor and subcontractor at the time the general contractor submitted its bid did not mean that the general contractor was not obligated to list the subcontractor in the bid.
Romero Excavation & Trucking, Inc. v. Bradley Constr., Inc.
, 1996-NMSC-010, 121 N.M. 471, 913 P.2d 659.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-35 - Exemption.

With the exclusion of that portion of work covering street lighting and traffic signals, the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] shall not apply to contracts for the construction, improvement or repair of streets or highways, including bridges, underground utilities within easements including but not limited to water lines, sewer lines and storm sewer lines.
History:
Laws 1988, ch. 18, § 5.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-35.1 - Application of act.

The Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] shall not apply to any transaction occurring after the contractor and the listed subcontractor have executed a subcontract unless subsequent action on the subcontract relates to subcontractor listing requirements.
History:
Laws 1995, ch. 82, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-37 - Bond requirements.

A. It is the responsibility of each subcontractor submitting a bid to a contractor to be prepared to submit a faithful performance and payment bond if so requested by the contractor.
B. In the event any subcontractor submitting a bid to a contractor does not, upon the request of the contractor and at the expense of the contractor at the established charge or premium therefor, furnish to the contractor a bond issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code [Chapter 59A NMSA 1978] and listed in the United States treasury department circular 570 wherein the contractor is named the obligee, guaranteeing prompt and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be done and performed under the subcontract, the contractor may reject the bid and make a substitution of another subcontractor subject to the provisions of Section 13-4-36 NMSA 1978. Such bond may be required at the expense of the subcontractor only if the contractor in his written or published request for subcontract bids:
(1) specifies that the expense for the bond shall be borne by the subcontractor; and
(2) clearly specifies the amount and requirements of the bond.
History:
Laws 1988, ch. 18, § 7; 1995, ch. 82, § 5.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in Subsection A, substituted "a bid" for "bids" and inserted "a" preceding "faithful"; in Subsection B, substituted "a corporate" for "an admitted", and inserted the language beginning "authorized" and ending "circular 570"; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 A.L.R.5th 649.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-38 - Failure to specify subcontractor.

If a contractor fails to list a subcontractor in excess of the listing threshold and he does not state that no bid was received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work himself and that he shall perform that portion of the work himself. If after the award of the contract the contractor subcontracts any portion of the work, except as provided in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978], the contractor shall be guilty of violation of the Subcontractors Fair Practices Act and subject to the penalties provided in Section 13-4-41 NMSA 1978.
History:
Laws 1988, ch. 18, § 8; 1995, ch. 82, § 6.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in the first sentence, substituted "list" for "specify", inserted "and he does not state that no bid was received or that only one bid was received", inserted "of the work" following "portion" twice; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-40 - Emergency subcontracting.

Subcontracting any portion of the work in excess of the listing threshold as to which no subcontractor was designated in the original bid shall be permitted only in the case of public emergency or necessity and then only upon a written finding by the using agency setting forth the facts constituting the emergency or necessity.
History:
Laws 1988, ch. 18, § 10.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-41 - Penalties.

A. When a contractor violates any provision of the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] except Section 13-4-34 NMSA 1978, the using agency shall:
(1) in the case of a contractor who substitutes another subcontractor in violation of Section 13-4-36 NMSA 1978, for the subcontractor originally included in the bid, assess the contractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor or the difference between the amount bid by the listed subcontractor and the amount bid by the substituted subcontractor;
(2) in the case of a contractor substituting a listed subcontractor for another subcontractor, and the substituted subcontractor knowingly participated in a violation of Section 13-4-36 NMSA 1978, assess the substituted subcontractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor and the difference between the amount bid by the listed subcontractor and the substituted subcontractor; or
(3) in the case of a contractor who fails to list a subcontractor in excess of the listing threshold as defined in Section 13-4-38 NMSA 1978, assess the contractor a penalty of eight percent of the amount of the subcontract issued for the first violation and thirty percent of the amount of the subcontract issued for any violation thereafter, on any one project.
B. Penalties assessed pursuant to the provisions of this section shall be deposited into the fund from which the contract was awarded.
C. In a proceeding under this section, the contractor shall be entitled to a hearing after notice.
D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds for disciplinary action against a contractor or a subcontractor, pursuant to regulations of the construction industries division of the regulation and licensing department.
E. A contractor or a subcontractor who attempts to circumvent the provisions of the Subcontractors Fair Practices Act shall be subject to the penalties established pursuant to this section.
F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices Act may bring an action in the district court for damages, injunctive or other relief.
History:
Laws 1988, ch. 18, § 11; 1989, ch. 296, § 2; 1995, ch. 82, § 8.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, rewrote the beginning of Subsection A, deleted former Paragraph A(1), rewrote and redesignated former Paragraph A(2) as Paragraph A(1), added Paragraphs A(2) and A(3), added Subsections B and C, redesignated former Subsections B to D as Subsections D to E, and in Subsections D and E, inserted "or a subcontractor".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-42 - Coverage of home rule municipalities.

Any home rule municipality or H class county chartered under the provisions of Article 10, Section 6 of the constitution of New Mexico is expressly denied authority to legislate regulation of the subject matter covered in the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978] that conflicts with the provisions of that act.
History:
Laws 1988, ch. 18, § 12.
ANNOTATIONS
Cross references.
— For Municipal Charter Act,
see
3-15-1 to 3-15-16 NMSA 1978.
For H class counties,
see
4-44-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-43 - Dispute resolution.

Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978], the using agency or agent of the using agency may:
A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a "form of dispute" which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or
B. refer the matter in dispute to be resolved through arbitration.
History:
Laws 1988, ch. 18, § 13.
ANNOTATIONS
Cross references.
— For the Uniform Arbitration Act,
see
44-7A-1 NMSA 1978. For public works mediation,
see
Chapter 13, Article 4C NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-1 - Short title.

This act [13-4A-1 to 13-4A-11 NMSA 1978] may be cited as the "Art in Public Places Act".
History:
Laws 1986, ch. 11, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-2 - Legislative declaration.

The legislature declares it to be a policy of the state that a portion of appropriations for capital expenditures be set aside for the acquisition or commissioning of works of art to be used in, upon or around public buildings.
History:
Laws 1986, ch. 11, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-3 - Definitions.

As used in the Art in Public Places Act:
A. "agency" means all state departments and agencies, boards, councils, institutions, commissions and quasi-public corporations, including all state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, and all statutorily created post-secondary educational institutions;
B. "architect" means the person or firm designing the project for the contracting agency to which the one percent provision pursuant to Section 13-4A-4 NMSA 1978 applies;
C. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;
D. "division" means the arts division of the cultural affairs department;
E. "public buildings" means those buildings under the control and management of the facilities management division of the general services department, the department of game and fish, the energy, minerals and natural resources department, the department of transportation, the state fair commission, the supreme court, the commissioner of public lands, the cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the public education department and the legislature or all buildings constructed with funds appropriated by the legislature. For the purposes of the Art in Public Places Act, "public buildings" does not include such auxiliary buildings as maintenance plants, correctional facilities, warehouses or temporary structures; and
F. "work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen or a work of graphic art of like nature; works in clay, textile, fiber, wood, metal, plastic, glass and like materials; or mixed media, including a collage or assemblage or any combination of the foregoing art media that is chosen to be included in or immediately adjoining the public building under consideration. Under special circumstances, the term may include environmental landscaping if approved by the division.
History:
Laws 1986, ch. 11, § 3; 1989, ch. 178, § 1; 2013, ch. 115, § 11.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; in Subsection E, deleted "property control" and added "facilities management" before "division"; in Subsections D and E, changed "office of cultural affairs" to "cultural affairs department"; and in Subsection E, changed "state highway and transportation department" to "department of transportation" and changed "state department of public education" to "public education department".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-4 - Allocation of construction costs.

A. All agencies shall allocate as a nondeductible item an amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, of the amount of money appropriated for new construction or any major renovation exceeding one hundred thousand dollars ($100,000), to be expended for the acquisition and installation of works of art for the new building to be constructed or the building in which the major renovation is to occur.
B. An amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, allocated from appropriations for new construction or major renovations of excluded structures pursuant to Subsection E of Section 3 [13-4A-3 NMSA 1978] of the Art in Public Places Act shall be accounted for separately and expended for acquisition and installation of art for existing public buildings. The division shall determine the amount, not to exceed fifty thousand dollars ($50,000), to be made available for the purchase of art in existing buildings in consultation with the contracting agency. The selection process for art for existing buildings shall follow guidelines established by the division pursuant to the Art in Public Places Act.
History:
Laws 1986, ch. 11, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-5 - Art in public places fund; creation.

There is created in the state treasury the "art in public places fund" which shall be administered by the division pursuant to the Art in Public Places Act.
History:
Laws 1986, ch. 11, § 5; 1989, ch. 324, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-6 - Works of art.

The works of art acquired pursuant to the Art in Public Places Act may be an integral part of the building, attached to the building, detached within or outside the structure or placed on public lands, part of a temporary exhibition or loaned or exhibited by the agency in other public facilities.
History:
Laws 1986, ch. 11, § 6.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-7 - Administration of the program.

The division shall determine the amount to be made available for the purchase of art, in consultation with the contracting agency responsible for the building to be constructed or renovated, and payments thereof shall be made in accordance with law. All agencies shall notify the division in writing upon legislative approval of construction budgets. One percent of the total appropriation for new construction or renovation of any building shall be deposited into the art in public places fund after the issuance of the appropriate bonds. If the entire one percent of the total funds appropriated for a particular building is not required for the project, the remainder shall accumulate in the art in public places fund and shall be accounted for separately and expended for the acquisition of art for existing buildings, as determined by the division. Any money remaining in the fund at the end of each fiscal year shall not revert but shall remain in the art in public places fund to be used to implement the purposes of the Art in Public Places Act.
History:
Laws 1986, ch. 11, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-8 - Artist selection.

The division shall establish guidelines for the art selection process. This process shall provide for participation from representatives of the contracting agency, the user agency, the division, the project architect, visual artists or design professionals and interested members of the community.
History:
Laws 1986, ch. 11, § 8.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-9 - Separate contracts.

Expenditures for works of art as provided in Section 7 [13-4A-7 NMSA 1978] of the Art in Public Places Act shall be contracted for separately from all other items in the new construction of the public building.
History:
Laws 1986, ch. 11, § 9.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-10 - Division; rules and regulations.

The selection, execution, placement and acceptance of works of art for a construction project shall be the responsibility of the division in consultation with the contracting agency. The division shall adopt rules and regulations to govern the selection, execution, placement and acceptance of the works of art to be acquired in accordance with this section and other rules, regulations and procedures necessary to implement the Art in Public Places Act. Administrative costs incurred by the division for the implementation of the Art in Public Places Act may be charged against the art in public places fund, provided that such costs have been properly budgeted and the budget has been approved by the state cultural affairs officer and the secretary of finance and administration.
History:
Laws 1986, ch. 11, § 10.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by Laws 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4A - Art in Public Places › Section 13-4A-11 - Maintenance.

The contracting agency or its designee is responsible for inventory, maintenance, repair and security of art work. Any maintenance or repair work shall be done in consultation with the division.
History:
Laws 1986, ch. 11, § 11.
ANNOTATIONS
Compiler's notes.
— Laws 1986, ch. 11, § 13, which was to repeal this article effective January 1, 1990, was repealed by L. 1989, ch. 178, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4B - Fine Art in Public Buildings › Section 13-4B-1 - Findings.

The legislature finds that the physical alteration or destruction of fine art, which is an expression of the personality of the artist, is detrimental to the reputation of the artist and artists therefore have an interest in protecting their works of fine art against such alteration or destruction. The legislature also finds that there is a public interest in preserving the integrity of cultural and artistic creations.
History:
Laws 1987, ch. 70, § 1.
ANNOTATIONS
Law reviews.
— For note, "Advancing the Arts Community in New Mexico through Moral Rights and Droit De Suite: The International Impetus and Implications of Preemption Analysis,"
see
36 N.M.L. Rev. 713 (2006).
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4B - Fine Art in Public Buildings › Section 13-4B-2 - Definitions.

As used in this act [13-4B-1 to 13-4B-3 NMSA 1978]:
A. "artist" means the natural person who actually creates a work of fine art but does not include art created by an employee within the scope of his employment. In case of a joint creation of a work of art, each joint creator shall have the rights of an artist with respect to the work of fine art as a whole;
B. "fine art" means any original work of visual or graphic art of any media including any painting, print, drawing, sculpture, craft, object, photograph, audio or video tape, film, hologram or any combination of such media of recognized quality;
C. "gross negligence" means the exercise of so slight a degree of care as to justify the belief that there was indifference to the particular work of fine art;
D. "public building" means a building owned by the state or any of its branches, agencies, departments, boards, instrumentalities or institutions or a building owned by any political subdivision of the state or any of its agencies, instrumentalities or institutions; and
E. "public view" means on the exterior of a public building or in an interior area of a public building.
History:
Laws 1987, ch. 70, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-1 - Short title.

Chapter 13, Article 4C NMSA 1978 may be cited as the "Public Works Mediation Act".
History:
1978 Comp., § 13-4C-1, enacted by Laws 1992, ch. 63, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-2 - Definitions.

As used in the Public Works Mediation Act:
A. "interested person" means a person with an association to a dispute related to the performance of a public works project, when that association arises out of the same transaction or occurrence underlying the dispute;
B. "mediator" means an individual or organization, independent of a dispute related to the performance of a public works project, that acts to assist persons in the resolution of the dispute;
C. "person" means the state, political subdivision of the state, including any home rule municipality chartered pursuant to the provisions of Article 10, Section 6 of the constitution of New Mexico, institution or department of the state, local public body, contractor, subcontractor, supplier, architect, engineer, surety or project manager; and
D. "public works project" means a project of the state, including highway projects of the state highway and transportation department, a project of a political subdivision of the state, including any home rule municipality chartered pursuant to the provisions of Article 10, Section 6 of the constitution of New Mexico, a project of an institution or department of the state or a project of a local public body to construct, repair, alter, demolish, install or extend an improvement on real property or to improve real property owned, used or leased by the state, political subdivision of the state, an institution or department of the state or a local public body.
History:
1978 Comp., § 13-4C-2, enacted by Laws 1992, ch. 63, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-4 - Mediation requirement; exemptions.

A. Except as provided in Subsections B, C and D of this section, a person who seeks to resolve a dispute related to the performance of a public works project shall exhaust the mediation procedures set forth in the Public Works Mediation Act before seeking judicial relief in a court of law.
B. A dispute that arises under an arbitration clause of a contract for a public works project that includes a clause in the contract that requires arbitration is exempt from the provisions of the Public Works Mediation Act.
C. The provisions of the Public Works Mediation Act shall not apply to:
(1) any disputes between employers and employees, including disputes arising pursuant to the provisions of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] or the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978]; or
(2) any disputes regarding an apprenticeship, including disputes arising pursuant to the provisions of Sections 50-7-1 through 50-7-7 NMSA 1978.
D. All contractual alternative dispute resolution remedies shall be exhausted prior to application of the provisions of the Public Works Mediation Act.
History:
1978 Comp., § 13-4C-4, enacted by Laws 1992, ch. 63, § 4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-5 - Notice of mediation session; service of notice.

A. An interested person may convene a mediation session for the purpose of resolving disputes related to the performance of a public works project. Mediation of a dispute related to the performance of a public works project shall take place within thirty days after an interested person has provided notice of the mediation session to other interested persons.
B. When an interested person receives notice of a mediation session, that person may notify other interested persons of the mediation session. A person who receives notice of a mediation session shall provide notice:
(1) to other interested persons no later than five days following receipt of the original notice; and
(2) that other interested persons have been notified to the interested person who convened the mediation session no later than five days following receipt of the original notice.
C. An interested person providing notice of a mediation session shall include the following information within the notice:
(1) the name and mailing address of the mediator;
(2) the date, time and location of the mediation session;
(3) a brief summary of all issues concerning a dispute related to the performance of a public works project;
(4) a brief statement regarding an interested person's association to a dispute related to the performance of a public works project, when the interested person has been provided with notice of a mediation session; and
(5) the cost for an eight-hour mediation session and the responsibility for payment of the costs pursuant to the provisions of Section 13-4C-11 NMSA 1978.
D. Service of the notice required pursuant to the provisions of Subsection B of this section shall be made by:
(1) mailing a certified letter, return receipt requested, to an interested person's residence, principal office or place of business; or
(2) delivering a copy of the notice to interested persons.
History:
1978 Comp., § 13-4C-5, enacted by Laws 1992, ch. 63, § 5.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-6 - Location of mediation session.

The mediation session shall be conducted at a neutral site that affords no advantage to any person attending the mediation session. The mediation session shall be held in the county where the public works project is located unless otherwise agreed to by all persons attending the session. In no event shall the mediation session be held at the residence, office or place of business of any person attending the mediation session unless otherwise agreed to by all persons attending the session. A mediator has final authority regarding the location of a mediation session if the persons attending a session are unable to agree on a location.
History:
1978 Comp., § 13-4C-6, enacted by Laws 1992, ch. 63, § 6.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-7 - Written materials.

Each interested person properly notified of a mediation session shall prepare a summary of his position relative to issues concerning a dispute related to the performance of a public works project. The summary shall not exceed four pages in length. The summary shall be provided to the mediator at least four days prior to the mediation session. A mediator may request additional information or materials from persons properly notified of the mediation session.
History:
1978 Comp., § 13-4C-7, enacted by Laws 1992, ch. 63, § 7.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-8 - Attendance.

All interested persons or representatives of interested persons properly notified of a mediation session shall attend the session for a minimum of eight hours unless otherwise agreed to by all persons attending the session. An interested person or a representative of an interested person attending a mediation session shall have the authority to enter into a settlement of disputes related to the performance of a public works project. A person may be accompanied by an attorney during the mediation session.
History:
1978 Comp., § 13-4C-8, enacted by Laws 1992, ch. 63, § 8.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-9 - Recording of agreements; compromise and offers to compromise.

A. Following the completion of a mediation session, the mediator shall record any agreements entered into by persons during the session. Agreements shall be recorded in writing or by an audio or video tape recording; provided that all persons entering into the agreement shall indicate their assent to the agreement.
B. Evidence of offers to compromise a dispute or disclosures made during a mediation session shall not be admissible in subsequent judicial proceedings.
History:
1978 Comp., § 13-4C-9, enacted by Laws 1992, ch. 63, § 9.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-10 - Mediation clause in a contract; application of federal law.

A. When persons include a mediation clause in a contract for performance of a public works project, the provisions of the mediation clause shall not conflict with the provisions of the Public Works Mediation Act. Any language in a mediation clause that conflicts with the provisions of the Public Works Mediation Act shall be unenforceable at law.
B. When a public works project involves the expenditure of federal funds, the mediation process shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of the Public Works Mediation Act, compliance with federal law or regulations shall constitute compliance with the Public Works Mediation Act.
History:
1978 Comp., § 13-4C-10, enacted by Laws 1992, ch. 63, § 10.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4C - Public Works Mediation › Section 13-4C-11 - Costs.

A. The costs of a mediation session shall be borne equally by all interested persons properly notified of a mediation session. When an interested person who has been properly notified of a mediation session fails to appear for that session or fails to remain for the duration of a session, that interested person shall be wholly responsible for the costs of the mediation session.
B. When a person files a lawsuit subsequent to exhausting the procedures set forth in the Public Works Mediation Act, the court may assess costs against any interested person who was properly notified of a mediation session and who failed to pay his share of the costs of the mediation session.
C. The mediator shall determine whether a person is an interested person for the purpose of sharing the costs of a mediation session.
History:
1978 Comp., § 13-4C-11, enacted by Laws 1992, ch. 63, § 11.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-1 - Short title.

Chapter 13, Article 4D NMSA 1978 may be cited as the "Public Works Apprentice and Training Act".
History:
Laws 1992, ch. 74, § 1; 2007, ch. 200, § 15.
ANNOTATIONS
Cross references.
— For Apprenticeship Assistance Act,
see
21-19A-1 NMSA 1978 et seq.
For apprenticeship council,
see
50-7-3 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-2 - Purpose.

The purpose of the Public Works Apprentice and Training Act is to ensure funding, through contributions made by employers, to establish an apprenticeship program that will develop skilled building trades craftsmen in occupations recognized by the bureau of apprenticeship and training of the United States department of labor or the New Mexico apprenticeship council. The funding will ensure adequate training during economic downturns, increase the number of New Mexicans possessing skills that will enhance their opportunities for employment and maintain the high standards of craftsmanship in our state.
History:
Laws 1992, ch. 74, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-3 - Definitions.

As used in the Public Works Apprentice and Training Act:
A. "approved apprentice and training programs" means building trades apprenticeship and training programs in New Mexico that are recognized by the bureau of apprenticeship and training of the United States department of labor or the New Mexico apprenticeship council;
B. "compliance statement" means a monthly record of an employer's contributions paid into an approved apprentice and training program in New Mexico or into the public works apprentice and training fund;
C. "director" or "division" means the labor relations division of the workforce solutions department; and
D. "employer" means a contractor, subcontractor or any person acting as a contractor on a public works project, as that term is defined in the provisions of the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978].
History:
Laws 1992, ch. 74, § 3; 2007, ch. 200, § 16.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, defined "division" as the labor relations division of the workforce solutions department.