reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-196.1 - State ethics commission jurisdiction.

The state ethics commission may investigate complaints against a contractor who has a contract with a state agency or a person who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a state agency. The state ethics commission may impose the civil penalties authorized in Sections 13-1-196 through 13-1-198 NMSA 1978 pursuant to the provisions of those sections.
History:
Laws 2019, ch. 86, § 33.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 33 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-197 - Recovery of value transferred or received; additional civil penalty.

An amount equal to the value of anything transferred or received in violation of the provisions of the Procurement Code by a transferor and transferee may be imposed as a civil penalty upon both the transferor and transferee. The civil penalty provided for in this section is imposed in addition but pursuant to the terms and conditions of Section 169 [13-1-196 NMSA 1978] of the Procurement Code.
History:
Laws 1984, ch. 65, § 170.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-198 - Kickbacks; additional civil penalty.

Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract or order thereunder, it is conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state agency or a local public body. An amount equal to the kickback is imposed as a civil penalty by the state agency or a local public body upon the recipient and upon the subcontractor making such kickbacks in addition but pursuant to the terms and conditions of Section 169 [13-1-196 NMSA 1978] of the Procurement Code.
History:
Laws 1984, ch. 65, § 171.
ANNOTATIONS
Cross references.
— For soliciting or receiving illegal kickbacks, bribes or rebates,
see
Chapter 30, Article 41 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-199 - Penalties.

Any business or person that willfully violates the Procurement Code is guilty of:
A. a misdemeanor if the transaction involves fifty thousand dollars ($50,000) or less; or
B. a fourth degree felony if the transaction involves more than fifty thousand dollars ($50,000).
History:
Laws 1984, ch. 65, § 172; 2013, ch. 40, § 5.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, increased the penalties for violations of the Procurement Code; in the title, deleted "Misdemeanor" and added "Penalties"; in the introductory sentence, after "person", added "that willfully"; in Subsection A, after "misdemeanor", added the remainder of the sentence; and added Subsection B.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1A - Purchasing Discounts › Section 13-1A-1 - Short title.

This act [13-1A-1 to 13-1A-4 NMSA 1978] may be cited as the "Purchasing Discount Act".
History:
Laws 1983, ch. 164, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1A - Purchasing Discounts › Section 13-1A-2 - Purpose.

The purpose of the Purchasing Discount Act is to effect certain economies in the operation of state government by requiring state agencies to establish bookkeeping and administrative procedures to accelerate payments to vendors for supplies and equipment so as to secure price discounts offered by such vendors for early payment of accounts.
History:
Laws 1983, ch. 164, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1A - Purchasing Discounts › Section 13-1A-4 - Revision of bookkeeping and payment procedures; reports of progress.

A. Not later than July 1, 1986, each state agency shall review and revise its bookkeeping and vouchering procedures so as to effect accelerated payments to vendors for purchases of supplies and equipment in order to secure for the state the largest available price discount offered by such vendors for early payment of accounts. On or before September 1 of each year, a progress report of the implementation of the provisions of the Purchasing Discount Act shall be submitted by each state agency to the department of finance and administration and to the legislative finance committee as an addendum to its budget request for the ensuing fiscal year.
B. The department of finance and administration shall review its administrative procedures for payment of vouchers by state agencies for the purchase of supplies and equipment in order to effect revised procedures to secure the largest available price discounts offered by vendors for early payment of accounts. The department shall prescribe guidelines for state agencies to implement the provisions of the Purchasing Discount Act. The department shall, annually by December 15, submit a progress report to the legislature on the overall progress made by state agencies in implementing the procedures required by the Purchasing Discount Act.
History:
Laws 1983, ch. 164, § 4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-1 - Short title.

Chapter 13, Article 1B NMSA 1978 may be cited as the "Alternative Fuel Acquisition Act".
History:
Laws 1992, ch. 58, § 1; 2002, ch. 32, § 2.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, rewrote the section, which formerly read: "Sections 1 through 7 of this act may be cited as the "Alternative Fuel Conversion Act".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-2 - Definitions.

As used in the Alternative Fuel Acquisition Act:
A. "alternative fuel" means natural gas, liquefied petroleum gas, electricity, hydrogen, a fuel mixture containing not less than eighty-five percent ethanol or methanol, a fuel mixture containing not less than twenty percent vegetable oil or a water-phased hydrocarbon fuel emulsion consisting of a hydrocarbon base and water in an amount not less than twenty percent by volume of the total water-phased fuel emulsion;
B. "conventional fuel" means gasoline or diesel fuel;
C. "department" means the energy, minerals and natural resources department;
D. "fund" means the alternative fuel acquisition loan fund;
E. "heavy duty vehicle" means a vehicle weighing more than twenty-six thousand pounds;
F. "light duty vehicle" means a vehicle weighing not more than fourteen thousand pounds;
G. "medium duty vehicle" means a vehicle weighing more than fourteen thousand pounds but not more than twenty-six thousand pounds; and
H. "political subdivision" means a county, municipality or school district.
History:
Laws 1992, ch. 58, § 2; 1994, ch. 130, § 1; 1995, ch. 160, § 1; 1997, ch. 24, § 2; 1998, ch. 22, § 2; 2002, ch. 32, § 3; 2018, ch. 53, § 1.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, defined "heavy duty vehicle", "light duty vehicle", and "medium duty vehicle", and removed the definition of "vehicle" as used in the Alternative Fuel Acquisition Act; added new Subsections E through G and redesignated former Subsection E as Subsection H; and deleted former Subsection F, which defined "vehicle".
The 2002 amendment,
effective July 1, 2002, substituted "acquisition" for "conversion" in the section heading and in Subsection D; added "a fuel mixture containing not less than twenty percent vegetable oil" in Subsection A; deleted former Subsection F, which read: "'post-secondary institution' means two- and four-year public post-secondary institutions; and"; and redesignated former Subsection G as present Subsection F.
The 1998 amendment,
effective July 1, 1998, substituted "energy, minerals and natural resources" for "general services" in Subsection C.
The 1997 amendment,
effective June 20, 1997, added the language beginning "or a water-phased hydrocarbon" at the end of Subsection A, and made a minor stylistic change.
The 1995 amendment,
effective June 16, 1995, added subsection B, redesignated the remaining subsections accordingly, and inserted "medium or heavy" preceding "duty" in Subsection G.
The 1994 amendment,
effective May 18, 1994, substituted "or a" for "and" preceding "fuel mixture" in Subsection A, inserted Subsection D, and redesignated the remaining subsections accordingly.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-4 - Revolving loan fund created; administration.

A. The "alternative fuel acquisition loan fund" is created in the state treasury as a revolving loan fund. The department shall administer the fund and make loans from the fund in accordance with the Alternative Fuel Acquisition Act.
B. The fund shall consist of earnings on balances in the fund, receipts from the repayment of loans made pursuant to the Alternative Fuel Acquisition Act and appropriations made by the legislature.
C. The fund balance shall not exceed five million dollars ($5,000,000), and any balance in the fund of five million dollars ($5,000,000) or less shall not revert to the general fund at the end of any fiscal year. Interest on cash balances and repayment of loans in excess of the amount necessary to maintain the fund balance at five million dollars ($5,000,000) shall be deposited in the general fund.
D. Administrative costs of the fund shall be paid by the department until interest revenues in the fund are sufficient to cover administrative costs, at which time administrative costs may be paid from the fund.
E. Expenditures from the fund shall be supported by loan documents evidencing the intent of the borrower to repay the loan. The original loan documents shall be filed with the department of finance and administration, and a copy shall be filed with the department.
History:
Laws 1992, ch. 58, § 4; 2002, ch. 32, § 5.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, substituted "acquisition" for "conversion" in three places in Subsections A and B.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-5 - Revolving loan fund; loans made from the fund.

A. Money available in the fund may be loaned by the department to reimburse the expenses incurred in acquiring vehicles of the agencies and departments of state government, political subdivisions and educational institutions from gasoline to alternative fuel.
B. A state agency or department, a political subdivision or an educational institution to which a loan is made shall demonstrate the ability to pay back the loan within seven years of the date that its vehicles are acquired.
C. Use of the fund shall be limited to purchases of light duty, medium duty or heavy duty vehicles that use natural gas, liquified petroleum gas, electricity or hydrogen.
D. The maximum amount loaned to acquire a vehicle shall not exceed the actual incremental cost of acquiring the vehicle or:
(1) five thousand dollars ($5,000) for a light duty vehicle;
(2) ten thousand dollars ($10,000) for a medium duty vehicle; or
(3) twenty thousand dollars ($20,000) for a heavy duty vehicle.
History:
Laws 1992, ch. 58, § 5; 1994, ch. 130, § 3; 2002, ch. 32, § 6; 2018, ch. 53, § 3.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, defined the types of vehicles that are eligible for purchase through the alternative fuel acquisition loan fund, and changed the amounts that may be loaned to acquire a vehicle through the fund; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, after "exceed the actual", added "incremental", after "acquiring the vehicle or", deleted "three thousand dollars ($3,000), whichever is less", and added Paragraphs D(1) through D(3).
The 2002 amendment,
effective July 1, 2002, substituted "acquire", or variants thereof for "convert" throughout the section and substituted "educational institution" for "post-secondary institution" in Subsections A and B.
The 1994 amendment,
effective May 18, 1994, inserted "political subdivisions" in Subsection A and "political subdivision" in Subsection B.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-6 - Loan program; duties of the department.

A. The department shall:
(1) administer the provisions of the Alternative Fuel Acquisition Act, except that the provisions of Section 13-1B-3 NMSA 1978 shall be administered by the commission on higher education and the state department of public education for their respective programs;
(2) establish a program to make loans to the agencies and departments of state government, political subdivisions and educational institutions, individually or jointly, to facilitate the acquisition of vehicles of the agencies and departments of state government, political subdivisions and educational institutions in accordance with the Alternative Fuel Acquisition Act;
(3) review, evaluate and approve or reject all loan applications submitted to obtain loans from the fund;
(4) submit an annual report to the governor and the legislature evaluating the status and the effectiveness of the Alternative Fuel Acquisition Act; and
(5) have an annual audit performed on the administration of the fund.
B. The department shall adopt rules and regulations necessary to carry out the purposes of the Alternative Fuel Acquisition Act, including rules and regulations governing:
(1) the procedures and format for submitting loan applications to the department to obtain a loan from the fund;
(2) the criteria to review, evaluate and approve loan applications;
(3) the procedure to determine the distribution of money in the fund; and
(4) the procedure to determine and notify an applicant of the progress on a loan application.
History:
Laws 1992, ch. 58, § 6; 1994, ch. 130, § 4; 2002, ch. 32, § 7.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, substituted "acquisition" for "conversion" throughout the section; inserted "and the state department of public education" in Paragraph A(1); and substituted "educational institutions" for "post-secondary institutions" in two places in Paragraph A(2).
The 1994 amendment,
effective May 18, 1994, substituted "13-1B-3 NMSA 1978" for "3 of that act" in Paragraph A(1) and inserted "political subdivisions" twice in Paragraph A(2).
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1B - Alternative Fuel Acquisition › Section 13-1B-7 - Repayment of loans to the fund.

A. When developing the repayment schedule for loans from the fund, the department shall consider the projected savings from alternative fuel.
B. The department of finance and administration shall collect and account for the loans made from the fund, and it shall have custody of all of the original loan documents, including all notes and contracts evidencing the amounts owed to the fund.
C. Loans shall be made for a period of time not to exceed seven years, with an annual interest rate of zero percent. A loan shall be repaid in equal annual installments, with the first annual installment due within one year of the date on which the loan is issued.
D. Loans shall be made only for eligible items.
History:
Laws 1992, ch. 58, § 7; 2002, ch. 32, § 8; 2018, ch. 53, § 4.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, reduced the interest rate on loans from the alternative fuel acquisition loan fund to zero; and in Subsection C, after "annual interest rate of", deleted "five" and added "zero".
The 2002 amendment,
effective July 1, 2002, deleted "conversion to" before "alternative fuel" in Subsection A and substituted "amounts owed to" for "indebtedness of" near the end of Subsection B.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-1 - Short title.

Sections 1 through 7 of this act [13-1C-1 to 13-1C-7 NMSA 1978] may be cited as the "State Use Act".
History:
Laws 2005, ch. 334, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-2 - Purpose.

The purpose of the State Use Act is to encourage and assist persons with disabilities to achieve maximum personal independence through useful and productive employment by ensuring an expanded and constant market for services delivered by persons with disabilities, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and entitlements.
History:
Laws 2005, ch. 334, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-3 - Definitions.

As used in the State Use Act:
A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of:
(1) qualified individuals; and
(2) community rehabilitation programs;
B. "community rehabilitation program" means a nonprofit entity:
(1) that is organized under the laws of the United States or this state, operated in the interest of persons with disabilities and operated so that no part of the income of which inures to the benefit of any shareholder or other person;
(2) that complies with applicable occupational health and safety standards as required by federal or state law; and
(3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least seventy-five percent persons with disabilities in direct labor for the provision of services;
C. "council" means the New Mexico council for purchasing from persons with disabilities;
D. "direct labor" means all work directly relating to the provision of services, but not work required for or relating to supervision, administration or inspection;
E. "local public body" means a political subdivision of the state and the political subdivision's agencies, instrumentalities and institutions;
F. "persons with disabilities" means persons who have a mental or physical impairment that constitutes or results in a substantial impediment to employment as defined by the federal Rehabilitation Act of 1973;
G. "qualified individual" means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least seventy-five percent persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment from the vocational rehabilitation division of the public education department or from the commission for the blind shall be presumed to be a person with disability, as shall a person who is receiving supplemental security income or social security benefits based on disability;
H. "state agency" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of government of this state; and
I. "state purchasing agent" means the director of the purchasing division of the general services department.
History:
Laws 2005, ch. 334, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-4 - Council for purchasing from persons with disabilities; appointment; organization.

A. The "New Mexico council for purchasing from persons with disabilities" is created. The council shall be composed of the following nine members:
(1) the state purchasing agent or the agent's designee;
(2) two persons, appointed by the governor, who represent state agencies that purchase significant amounts of goods and services from the private sector, or their designees;
(3) a person, appointed by the governor, who is a state-employed vocational rehabilitation counselor and who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goods and services; and
(4) two persons with disabilities, a person who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goods and services and two persons who represent community rehabilitation programs that provide employment services to persons with disabilities, all selected by mutual agreement of the persons appointed in Paragraphs (1), (2) and (3) of this subsection.
B. Council members shall be appointed for three-year terms. Vacancies shall be filled in the same manner as for original appointments. A member appointed to fill a vacancy shall serve for the remainder of the term for that vacancy. Council members shall continue to serve beyond the expiration of their terms until new members are appointed.
C. The council shall elect a chair from among its members. Seven members of the council shall constitute a quorum in order to conduct the council's business.
D. Except for the regular pay of public employee members, council members shall serve without compensation or cost reimbursement.
History:
Laws 2005, ch. 334, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act or the Procurement Code.
— Neither the Governmental Conduct Act nor the Procurement Code prohibits members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and because procurements under the State Use Act are exempt from the requirements of the Procurement Code, the Procurement Code's conflict-of-interest section is unavailing. 2020 Op. Ethics Comm'n No. 2020-07.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-6 - Existing vendor exclusion.

Services provided pursuant to and facilities covered by Section 22-14-27 NMSA 1978 are excluded from the State Use Act.
History:
Laws 2005, ch. 334, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-7 - Procurement by state agencies and local public bodies; cooperative agreements.

A. A state agency or local public body intending to procure a service on a list published by the council shall, in accordance with rules of the council, procure the service at the price established by the council if the service is available within the period required by the state agency or local public body. Procurement pursuant to the State Use Act [Chapter 14, Article 4 NMSA 1978] is exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
B. The council and a state agency or local public body may enter into a cooperative agreement for effective coordination of the objectives of the State Use Act and any other law requiring procurement of services from a state agency or local public body.
History:
Laws 2005, ch. 334, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act or the Procurement Code.
— Neither the Governmental Conduct Act nor the Procurement Code prohibits members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and because procurements under the State Use Act are exempt from the requirements of the Procurement Code, the Procurement Code's conflict-of-interest section is unavailing. 2020 Op. Ethics Comm'n No. 2020-07.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 2 - Freight Bills - Audit by State (Repealed.) › Section 13-2-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch, 75, § 1 repealed 13-2-1 NMSA 1978, as enacted by Laws 1965, ch. 245, § 1, regarding the auditing of freight bills by the public regulation commission, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 3 - Public Printing Contracts (Repealed.) › Section 13-3-1 to 13-3-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 13-3-1 to 13-3-5 NMSA 1978, as enacted by Laws 1937, ch. 168, §§ 1 to 5, relating to preferences for New Mexico firms in awards of public printing contracts, effective November 1, 1984. For present comparable provisions,
see
13-1-21 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-1.1 - Definitions; construction contract; contractor.

As used in Chapter 13, Article 4 NMSA 1978:
A. "contract" or "construction contract" includes a construction manager at risk contract entered into pursuant to the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978]; and
B. "contractor" includes a construction manager at risk selected pursuant to the Educational Facility Construction Manager At Risk Act.
History:
Laws 2007, ch. 141, § 8.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 141, § 10 contained an emergency clause and was approved April 2, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-3 - Federal aid projects exempt.

The provisions of Sections 13-4-1 through 13-4-4 NMSA 1978 shall not apply to federal aid construction projects or when the expenditure of federal funds designated for a specific contract is involved.
History:
Laws 1933, ch. 50, § 3; 1941 Comp., § 6-503; 1953 Comp., § 6-6-3; 1984, ch. 66, § 3.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-4 - [Contracts in violation declared void.]

All contracts executed in violation of this act [13-4-1 to 13-4-4 NMSA 1978] shall be void and of no effect.
History:
Laws 1933, ch. 50, § 4; 1941 Comp., § 6-504; 1953 Comp., § 6-6-4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-5 - Use of New Mexico materials.

In all public works within New Mexico, whether constructed or maintained by the state or by a department, board or commission of the state or by any political subdivision of the state, or in any construction or maintenance to which the state or any political subdivision of the state has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico. In any case where, in the judgment of the different officers, boards, commissions or other authorities in this state vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, the provisions of this section shall not apply.
History:
Laws 1933, ch. 19, § 1; 1941 Comp., § 6-505; 1953 Comp., § 6-6-5; Laws 1969, ch. 16, § 1; 1997, ch. 1, § 4; 1997, ch. 2, § 4; 2011 (1st S.S.), ch. 3, § 6.
ANNOTATIONS
The 2011 (1st. S.S.) amendment,
effective October 5, 2011, eliminated the preference for New York state business enterprises; in the first sentence, after "resident of New Mexico", deleted "or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use"; and deleted former Subsection B, which defined "New York state business enterprise".
The 1997 amendment,
effective January 24, 1997, designated the existing language as Subsection A, inserted "of New Mexico or provided or offered by a New York State business enterprise" following "citizens or residents", "they" following "used where", and "in this section" following "referred to"; and added Subsection B.
Provisions outside title not given effect.
— The body of this section is broader than the title of the act, and as a result those provisions outside the title will not be given effect. 1934 Op. Att'y Gen. 34-719.
Operation of section.
— The operation of this section should be confined to construction of public works in which it would be practicable to give preference to materials produced in New Mexico, and should be left to the discretion of board or commission having control of the work. 1934 Op. Att'y Gen. No. 34-719.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts §§ 27, 28.
Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract, 27 A.L.R.2d 917.
Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312.
Validity, construction, and application of state "Buy American" Acts, 107 A.L.R.5th 673.
72 Supp. C.J.S. Public Contracts § 31.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.]

It shall be unlawful for any building code or codes of this state or of any county, municipality or township therein, or of any agency, bureau or political division or subdivision of the state government to discriminate in any way against the softwood species of timber, such as Douglas fir and ponderosa pine, grown in New Mexico. All the various grades of lumber produced therefrom, and the softwood species of New Mexico lumber shall be considered, regarded and accepted prima facie as the equal in strength and durability of similar softwood species produced elsewhere, and the burden shall rest upon any person contesting this provision to prove to the contrary in a court of competent jurisdiction by a preponderance of the evidence.
History:
Laws 1939, ch. 206, § 2; 1941 Comp., § 6-102; 1953 Comp., § 6-1-1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
13 Am. Jur. 2d Buildings § 13.
98 C.J.S. Woods and Forests § 9.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-7 - [Use of New Mexico timber in public buildings required.]

In the construction, erection or repair of all of its public buildings and structures the state of New Mexico and all counties, municipalities and townships therein, and all agencies, bureaus or political divisions or subdivisions of the state government are hereby required to use, whenever the species of lumber necessary for such construction or repair work is available in this state, such species of lumber produced from the timber grown in the state of New Mexico; and no person employed to draw specifications therefor shall so word such specifications as to discriminate against any lumber produced from New Mexico as grown timber.
History:
Laws 1939, ch. 206, § 3; 1941 Comp., § 6-103; 1953 Comp., § 6-1-2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts § 27.
Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-8 - Federal aid projects.

The provisions of Section 13-4-7 NMSA 1978 shall not apply to any public works projects in which the United States is interested or which involve participating federal funds.
History:
1953 Comp., § 6-1-2.1, enacted by Laws 1965, ch. 106, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-9 - [Penalty.]

Any person, firm, association or corporation distributing lumber in the state of New Mexico after June 30, 1939, for any of the purposes hereinbefore set forth in this act [13-4-6, 13-4-7, 13-4-9 NMSA 1978] or any contractor in this state using lumber for any of said purposes who shall deliberately violate any of the provisions of this act shall, upon conviction, be subject to a penalty of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail for not less than thirty (30) nor more than ninety (90) days for each violation hereunder; provided, that in the case of a violation by a firm, association or corporation, the jail sentence, if one is imposed, shall be upon the officer, agent or person of such firm, association or corporation responsible for such violation.
History:
Laws 1939, ch. 206, § 4; 1941 Comp., § 6-104; 1953 Comp., § 6-1-3.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-10 - Short title.

Sections 13-4-10 through 13-4-17 NMSA 1978 may be cited as the "Public Works Minimum Wage Act".
History:
1953 Comp., § 6-6-10.1, enacted by Laws 1963, ch. 304, § 1; 2009, ch. 206, § 1.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, changed the reference of the act to Sections 13-4-10 through 13-4-17 NMSA 1978.
Law reviews.
— For 1984-88 survey of New Mexico administrative law, 19 N.M.L. Rev. 575 (1990).
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-10.1 - Definitions.

As used in the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978]:
A. "director" means the director of the division;
B. "division" means the labor relations division of the workforce solutions department;
C. "fringe benefit" means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for:
(1) holidays;
(2) time off for sickness or injury;
(3) time off for personal reasons or vacation;
(4) bonuses;
(5) authorized expenses incurred during the course of employment;
(6) health, life and accident or disability insurance;
(7) profit-sharing plans;
(8) contributions made on behalf of an employee to a retirement or other pension plan; and
(9) any other compensation paid to an employee other than wages;
D. "labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; and
E. "wage" means the basic hourly rate of pay.
History:
1978 Comp., § 13-4-10.1, as enacted by Laws 2009, ch. 206, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 206, § 12 made this section effective July 1, 2009.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-12 - Repealed.

History:
1953 Comp., § 6-6-6.1, enacted by Laws 1965, ch. 35, § 2; 1991, ch. 224, § 2; 2005, ch. 253, § 2; repealed by Laws 2009, ch. 206, § 11.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 206, § 11 repealed 13-4-12 NMSA 1978, as enacted by Laws 1965, ch. 35, §2, relating to the definition of the term "wages", effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-13 - Failure to pay minimum wage; termination of contract.

Every contract within the scope of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] shall contain further provision that in the event it is determined by the director that any laborer or mechanic employed on the site of the project has been or is being paid a wage rate or fringe benefit rate less than the rates required, and in the absence of a voluntary resolution by the parties, the contracting agency shall, within thirty days of the director's determination, by written notice to the contractor, subcontractor, employer or person acting as a contractor, terminate the right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages or fringe benefits, and the contracting agency shall prosecute the work to completion by contract or otherwise, and the contractor or person acting as a contractor and the contractor's or person's sureties shall be liable to the state for any excess costs occasioned thereby. Any party receiving notice of termination of a project or subcontract pursuant to the provisions of this section may appeal the finding of the director as provided in the Public Works Minimum Wage Act.
History:
1953 Comp., § 6-6-7, enacted by Laws 1965, ch. 35, § 3; 1991, ch. 224, § 3; 2009, ch. 206, § 4; 2020, ch. 47, § 2.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, strengthened requirements in the event it is determined that a laborer is being paid a wage rate less than the rates required, and required certain entities to act regardless of whether the failure to pay the required wages was willful; and after "in the event it is", deleted "found" and added "determined", after "has been or is being paid", deleted "as a result of a willful violation", after "than the rates required", added "and in the absence of a voluntary resolution by the parties", after "the contracting agency", deleted "may" and added "shall, within thirty days of the director's determination", deleted "willful" preceding the next occurrence of "failure", and after "the contracting agency", deleted "may" and added "shall".
The 2009 amendment,
effective July 1, 2009, after "willful violation a", changed "rate of wages less than the rate of wages" to "wage rate or fringe benefit rate less that the rates"; and after "pay the required wages", added "or fringe benefits".
The 1991 amendment,
effective July 1, 1991, substituted "director of the labor and industrial division of the labor department" and "director" for "state labor commissioner"; inserted "employer or person acting as a contractor" and "or person acting as a contractor"; substituted "project" for "contract" in the second sentence; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-13.1 - Public works contracts; registration of contractors and subcontractors.

A. Except as otherwise provided in this subsection, in order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978], the contractor, serving as a prime contractor or not, shall be registered with the division. Bidding documents issued or released by a state agency or political subdivision of the state shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered pursuant to this subsection. The provisions of this section do not apply to vocational classes in public schools or public post-secondary educational institutions.
B. The state or any political subdivision of the state shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act from a prime contractor that does not provide proof of required registration for itself.
C. Contractors and subcontractors may register with the division on a form provided by the division and in accordance with workforce solutions department rules. The division shall charge a registration fee of four hundred dollars ($400) every two years. The division shall issue to the applicant a certificate of registration within fifteen days after receiving from the applicant the completed registration form and the registration fee.
D. No less than thirty days before the expiration of a registration certificate, the division shall mail or electronically transmit to a registrant's address as reflected in the files of the division a reminder of the approaching expiration date.
E. Registration fees collected by the division shall be deposited in the labor enforcement fund.
History:
Laws 2004, ch. 89, § 1; 2005, ch. 98, § 2; 2009, ch. 206, § 5; 2011, ch. 94, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, changed the registration fee from an annual registration fee of two hundred dollars to a biennial fee of four hundred dollars and required the division to give contractors and subcontractors notice of the approaching expiration of their registration.
The 2009 amendment,
effective July 1, 2009, in Subsection A, in two places, changed "fifty thousand dollars ($50,000)" to "sixty thousand dollars ($60,000)".
The 2005 amendment,
effective June 17, 2005, inserted in Subsection A that in order to submit a bid valued at more than $50,000, in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than $50,000, the contractor serving as the prime contractor or not, shall be registered and that bidding documents issued by political subdivisions shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-14.1 - Labor enforcement fund; creation; use.

The "labor enforcement fund" is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the division and all investment and interest income from the fund. The fund shall be administered by the division, and money in the fund is appropriated to the division for administration and enforcement of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978]. Money in the fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2004, ch. 89, § 2; 2009, ch. 206, § 7.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, deleted "labor and industrial" before "division" and deleted "of the labor department" after "division".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief.

The director may:
A. cancel, revoke or suspend with conditions, including probation, the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] for failure to comply with the registration provisions or for good cause, subject to appeal pursuant to Section 13-4-15 NMSA 1978; and
B. seek injunctive relief in district court for failure to comply with the registration provisions of the Public Works Minimum Wage Act.
History:
Laws 2004, ch. 89, § 3; 2009, ch. 206, § 8.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, after "director", deleted "of the labor and industrial division of the labor department".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-16 - Construction of act.

Sections 13-4-10 through 13-4-17 NMSA 1978 shall not be construed to supersede or impair a more stringent requirement under any authority granted by federal law to provide for the establishment of specified wage rates.
History:
Laws 1937, ch. 179, § 4; 1941 Comp., § 6-509; 1953 Comp., § 6-6-9; 1991, ch. 224, § 6.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, added the catchline; substituted "Sections 13-4-10 through 13-4-17 NMSA 1978" for "This act" at the beginning of the section; and inserted "a more stringent requirement under".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-17 - Outstanding contracts and invitations.

The Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] shall not affect a contract existing or a contract that may be entered into pursuant to invitations for bids that are outstanding at the time of enactment of that act.
History:
Laws 1937, ch. 179, § 5; 1941 Comp., § 6-510; 1953 Comp., § 6-6-10; 2009, ch. 206, § 10.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, made grammatical changes.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4 - Public Works Contracts › Section 13-4-20 - Additional bond in case of insolvency of sureties.

Whenever in its judgment any surety on such bond shall be insolvent, or for any cause is not a proper or sufficient surety, the obligee may require the contractor to furnish a new or additional bond or security within ten days; and thereupon, if the obligee shall so order, all work on said contract shall cease until such new or additional bond or security shall be furnished. If not furnished within said time, the obligee may at its option take over and complete said work as the agent and at the expense of the contractor and sureties, either doing the work on force account or letting the same by contract, and shall be entitled to use any equipment, materials and supplies of the delinquent contractor in completing said work.
History:
Laws 1923, ch. 136, § 3; C.S. 1929, § 17-203; 1941 Comp., § 6-513; 1953 Comp., § 6-6-13.
ANNOTATIONS
Section applies to third-tier suppliers.
— The "Little Miller Act," 13-4-18 to 13-4-20 NMSA 1978, applies to suppliers of materials under any subcontract involving a state construction project, including third-tier suppliers.
State ex rel. W.M. Carroll & Co. v. K.L. House Constr. Co.
, 1982-NMSC-150, 99 N.M. 186, 656 P.2d 236.