reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12A - Uniform Emergency Volunteer Health Practitioners Act › Section 12-12A-13 - Uniformity of application and construction.

In applying and construing the Uniform Emergency Volunteer Health Practitioners Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2008, ch. 47, § 13.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 47, § 14 made the Uniform Emergency Volunteer Health Practitioners Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12B - Emergency Gas Pilot Relighting › Section 12-12B-1 - Short title.

This act [12-12B-1 to 12-12B-4 NMSA 1978] may be cited as the "Emergency Gas Pilot Relighting Act".
History:
Laws 2011, ch. 104, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12B - Emergency Gas Pilot Relighting › Section 12-12B-2 - Definitions.

As used in the Emergency Gas Pilot Relighting Act:
A. "gas pilot relighting technician" means an individual who has successfully completed a program pursuant to Section 3 [12-12B-3 NMSA 1978] of the Emergency Gas Pilot Relighting Act;
B. "natural gas" means any combustible vapor composed chiefly of hydrocarbons occurring naturally; and
C. "program" means a program for training and certifying persons to relight pilot lights for residential equipment and appliances pursuant to Section 3 of the Emergency Gas Pilot Relighting Act.
History:
Laws 2011, ch. 104, § 2.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12B - Emergency Gas Pilot Relighting › Section 12-12B-3 - Certification program.

The higher education department and the regulation and licensing department shall recommend to appropriate institutions of higher learning a program for training and certifying individuals to relight pilot lights for residential equipment and appliances. Upon satisfactory completion of such a program, an individual shall be certified as a gas pilot relighting technician and be issued a certificate attesting to the person's completion of the program, which certificate shall expire after five years. The regulation and licensing department shall adopt rules specifying the content of the training program, requirements for successful completion of the program and the process for certification of an individual as a gas pilot relighting technician.
History:
Laws 2011, ch. 104, § 3.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 12B - Emergency Gas Pilot Relighting › Section 12-12B-4 - Declaration of emergency or disaster; employment of gas pilot relighting technicians; reimbursement.

A. Upon a declaration by the governor of an emergency or disaster, a person certified as a journeyman plumber or journeyman gas fitter pursuant to the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] may employ no more than five gas pilot relighting technicians during the period of the declared emergency or disaster.
B. A gas pilot relighting technician employed by a journeyman plumber or journeyman gas fitter pursuant to Subsection A of this section shall be an employee of the journeyman plumber or journeyman gas fitter and shall be covered by liability insurance provided by the journeyman plumber or journeyman gas fitter.
C. The duties of a gas pilot relighting technician employed by a journeyman plumber or journeyman gas fitter pursuant to Subsection A of this section shall be limited to work directly related to the relighting of pilot lights for residential equipment and appliances serving residences with not more than four dwelling units.
D. If authorized in the declaration of emergency or disaster issued by the governor and subject to funds being made available pursuant to such a declaration, the secretary of homeland security and emergency management may adopt rules permitting state funds to be used to pay the cost of journeyman plumbers, journeyman gas fitters or gas pilot relighting technicians for services rendered during the declared period of the emergency or disaster to restore natural gas service to residences within the area covered by the declaration of emergency or disaster.
History:
Laws 2011, ch. 104, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13 - New Mexico Border Act (Repealed.) › Section 12-13-1 to 12-13-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 9, § 8 repealed 12-13-1 to 12-13-7 NMSA 1978, effective July 1, 2003, relating to New Mexico Border Act. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com.
For similar present provisions,
see
12-13A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-1 - Short title.

This act [12-13A-1 to 12-13A-6 NMSA 1978] may be cited as the "New Mexico-Chihuahua Commission Act".
History:
Laws 2003, ch. 9, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-2 - Purposes.

The purposes of the New Mexico-Chihuahua Commission Act are to establish a framework in which New Mexico and the state of Chihuahua, Mexico, can work to develop mutually beneficial programs to resolve challenges along the international border common to both states, to maximize the possibilities for economic development and to open and institutionalize lines of communication between the public and private sector leaders of the states.
History:
Laws 2003, ch. 9, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 2 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-3 - Definitions.

As used in the New Mexico-Chihuahua Commission Act:
A. "Chihuahua" means the state of Chihuahua, Mexico; and
B. "commission" means the New Mexico-Chihuahua commission.
History:
Laws 2003, ch. 9, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 3 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-4 - New Mexico-Chihuahua commission created; members; administration.

A. The "New Mexico-Chihuahua commission" is created and is administratively attached to the economic development department.
B. The members of the commission representing New Mexico shall be:
(1) the governor of New Mexico;
(2) the secretary of economic development;
(3) the secretary of tourism;
(4) other state officials as assigned by the governor; and
(5) no more than ten members of the public appointed by the governor of New Mexico.
C. The members of the commission representing Chihuahua shall be appointed or assigned according to the customary procedure of the executive branch of the government of that state.
D. The economic development department shall provide administrative assistance to the commission as needed.
E. The economic development department shall keep records of commission proceedings.
F. The co-chairs of the commission shall be the governors of New Mexico and Chihuahua.
G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.
H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.
I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.
J. The public members of the commission appointed by the governor of New Mexico shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for performance of official duties required by the commission and shall receive no other compensation, perquisite or allowance.
History:
Laws 2003, ch. 9, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 4 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-5 - Powers and duties.

A. The commission shall provide a forum for discussion and resolution of issues of mutual concern to the governments of New Mexico and Chihuahua.
B. The commission may:
(1) identify projects that can be cooperatively pursued by New Mexico and Chihuahua;
(2) create avenues of communication between New Mexico and Chihuahua concerning cultural, artistic, economic and industrial affairs;
(3) confer with New Mexican and Chihuahuan cultural, artistic, economic and industrial leaders to determine the best methods and procedures to carry out the provisions of the New Mexico-Chihuahua Commission Act;
(4) promote legislation to further the goals of the commission; and
(5) communicate with state or province international commissions in other states or nations in order to obtain information about successful international intergovernmental cooperative activities or models.
C. The governor of New Mexico may negotiate with appropriate officials from Chihuahua to create cooperative projects to be implemented by Chihuahua and New Mexico or to resolve issues of mutual concern to New Mexico and Chihuahua. The governor may implement the agreements reached through those negotiations or projects developed, provided that an agreement that has a fiscal impact on New Mexico and requires an appropriation shall require an act of the legislature.
History:
Laws 2003, ch. 9, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 5 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13A - New Mexico-Chihuahua Commission › Section 12-13A-6 - Conflict of interest.

A member of the commission who performs a function or duty pursuant to the New Mexico-Chihuahua Commission Act shall not have a direct or indirect financial interest in an activity undertaken by the commission.
History:
Laws 2003, ch. 9, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 9, § 9 made Laws 2003, ch. 9, § 6 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13B - New Mexico-Sonora Commission › Section 12-13B-1 - Short title.

This act [12-13B-1 to 12-13B-5 NMSA 1978] may be cited as the "New Mexico-Sonora Commission Act".
History:
Laws 2009, ch. 108, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 108, § 6 made Laws 2009, ch. 108, § 1 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13B - New Mexico-Sonora Commission › Section 12-13B-2 - Definitions.

As used in the New Mexico-Sonora Commission Act:
A. "commission" means the New Mexico-Sonora commission; and
B. "Sonora" means the state of Sonora, Mexico.
History:
Laws 2009, ch. 108, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 108, § 6 made Laws 2009, ch. 108, § 2 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13B - New Mexico-Sonora Commission › Section 12-13B-3 - New Mexico-Sonora commission created; members; administration.

A. The "New Mexico-Sonora commission" is created and is administratively attached to the economic development department.
B. The members of the commission representing New Mexico shall be:
(1) the governor of New Mexico;
(2) the secretary of economic development;
(3) the secretary of tourism;
(4) other state officials as assigned by the governor; and
(5) no more than nine members of the public appointed by the governor of New Mexico.
C. The members of the commission representing Sonora shall be appointed or assigned according to regulations and procedures governing commissions in that state.
D. The economic development department shall provide administrative assistance to the commission as needed.
E. The economic development department shall keep a record of commission proceedings.
F. The co-chairs of the commission shall be the governors of New Mexico and Sonora.
G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.
H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.
I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.
J. The public members of the commission appointed by the governor of New Mexico shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for performance of official duties required by the commission and shall receive no other compensation, perquisite or allowance.
History:
Laws 2009, ch. 108, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 108, § 6 made Laws 2009, ch. 108, § 3 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13B - New Mexico-Sonora Commission › Section 12-13B-4 - Powers and duties.

A. The commission shall provide a forum for discussion and resolution of issues of mutual concern to the governments of New Mexico and Sonora.
B. The commission may:
(1) identify projects that can be cooperatively pursued by New Mexico and Sonora;
(2) create avenues of communication between New Mexico and Sonora concerning cultural, artistic, public safety, economic and industrial affairs;
(3) confer with New Mexican and Sonoran cultural, artistic, public safety, economic and industrial leaders to determine the best methods and procedures to carry out the provisions of the New Mexico-Sonora Commission Act;
(4) promote legislation to further the goals of the commission; and
(5) communicate with state or provincial international commissions in other states or nations in order to obtain information about successful international intergovernmental cooperative activities or models.
C. The governor of New Mexico may negotiate with appropriate officials from Sonora to create cooperative projects to be implemented by New Mexico and Sonora or to resolve issues of mutual concern to New Mexico and Sonora. The governor may implement the agreements reached through those negotiations or projects developed, provided that an agreement that has a fiscal impact on New Mexico and requires an appropriation shall require an act of the legislature.
History:
Laws 2009, ch. 108, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 108, § 6 made Laws 2009, ch. 108, § 4 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 13B - New Mexico-Sonora Commission › Section 12-13B-5 - Conflict of interest.

A member of the commission who performs a function or duty pursuant to the New Mexico-Sonora Commission Act shall not have a direct or indirect financial interest in an activity undertaken by the commission.
History:
Laws 2009, ch. 108, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 108, § 6 made Laws 2009, ch. 108, § 5 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 14 - New Mexico Diamond Jubilee and Bicentennial Commission (Repealed.) › Section 12-14-1 to 12-14-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 83, § 2E repealed 12-14-1 to 12-14-7 NMSA 1978, as enacted by Laws 1986, ch. 83, relating to the diamond jubilee and bicentennial commission, effective December 31, 1989.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 15 - Constitutional Revision Commission (Expired.) › Section 12-15-1 to 12-15-7 - Expired.

ANNOTATIONS
Expired provisions.
— Sections 12-15-1 to 12-15-7 NMSA 1978, as enacted by Laws 1993, ch. 271, §§ 1 to 7, have been omitted from the NMSA 1978 since the constitutional revision commission expired after filing its report pursuant to 12-15-4 NMSA 1978 prior to the convening of the second session of the forty-second legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 16 - Intertribal Indian Ceremonial › Section 12-16-1 - Short title.

Chapter 12, Article 16 NMSA 1978 may be cited as the "Intertribal Indian Ceremonial Act".
History:
Laws 2005, ch. 219, § 1; 2006, ch. 19, § 1; 1978 Comp., § 9-15C-1, recompiled and amended as § 12-16-1 by Laws 2023, ch. 144, § 1.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 144, § 1 recompiled and amended former 9-15C-1 NMSA 1978 as 12-16-1 NMSA 1978, effective July 1, 2023.
The 2023 amendment,
effective July 1, 2023, changed the name of the Intertribal Ceremonial Act to the Intertribal Indian Ceremonial Act; changed "Chapter 9, Article 15C" to "Chapter 12, Article 16"; and after "Intertribal", added "Indian".
Temporary provisions.
— Laws 2023, ch. 144, § 6, effective July 1, 2023, provided:
A. On July 1, 2023, all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the intertribal ceremonial office of the tourism department are transferred to the local government division of the department of finance and administration.
B. On July 1, 2023, all contractual obligations of the intertribal ceremonial office of the tourism department are binding on the local government division of the department of finance and administration.
C. On July 1, 2023, all references in law to the intertribal ceremonial office of the tourism department shall be deemed to be references to the intertribal Indian ceremonial association of the local government division of the department of finance and administration.
The 2006 amendment,
effective March 2, 2006, added the NMSA 1978 statutory reference of the act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 16 - Intertribal Indian Ceremonial › Section 12-16-2 - Definitions.

As used in the Intertribal Indian Ceremonial Act:
A. "association" means the intertribal Indian ceremonial association;
B. "county" means the governing body of McKinley county;
C. "director" means the director of the association; and
D. "fund" means the intertribal Indian ceremonial association fund.
History:
Laws 2005, ch. 219, § 2; 2006, ch. 19, § 2; 1978 Comp., § 9-15C-2, recompiled and amended as § 12-16-2 by Laws 2023, ch. 144, § 2.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 144, § 2 recompiled and amended former 9-15C-2 NMSA 1978 as 12-16-2 NMSA 1978, effective July 1, 2023.
The 2023 amendment,
effective July 1, 2023, effective July 1, 2023, defined "association" and "county", revised the definition of "director" and removed the definitions of "department," "office" and "secretary"; in the introductory clause, after "Intertribal", added "Indian", deleted former Subsection A, which defined "department", added new Subsections A and B and redesignated former Subsections B and C as Subsections C and D, respectively; in Subsection C, after "director of the", deleted "intertribal ceremonial office" and added "association; and"; in Subsection D, after "intertribal", added "Indian", and after "ceremonial", added "association"; and deleted former Subsections D and E, which defined "office" and "secretary", respectively.
The 2006 amendment,
effective March 2, 2006, added Subsection E to define secretary to mean the secretary of tourism.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 16 - Intertribal Indian Ceremonial › Section 12-16-4 - Intertribal Indian ceremonial association fund created; administration.

The "intertribal Indian ceremonial association fund" is created in the state treasury. Money appropriated to the fund or accruing to it through sales, gifts, grants, fees, penalties, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. Money in the fund is subject to appropriation to the local government division of the department of finance and administration for the purpose of carrying out the intertribal Indian ceremonial. Money in the fund at the end of any fiscal year shall not revert. Interest and earnings from the fund shall be credited to the fund. Disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director or the director's authorized representative.
History:
Laws 2005, ch. 219, § 4; 2006, ch. 19, § 4; 1978 Comp., § 9-15C-4, recompiled and amended as § 12-16-4 by Laws 2023, ch. 144, § 4.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 144, § 4 recompiled and amended former 9-15C-4 NMSA 1978 as 12-16-4 NMSA 1978, effective July 1, 2023.
The 2023 amendment,
effective July 1, 2023, changed the name of the intertribal ceremonial fund to the intertribal Indian ceremonial association fund, and provided that money in the fund is subject to appropriation to the local government division of the department of finance and administration; in the section heading, added "intertribal Indian ceremonial association"; after each occurrence of "intertribal", added "Indian", after "ceremonial", added "association", after "Money in the fund is", deleted "appropriated" and added "subject to appropriation", and after "to the", deleted "office" and added "local government division of the department of finance and administration".
The 2006 amendment,
effective March 2, 2006, deleted the former provisions that money in the fund is appropriated to the intertribal ceremonial office and that the fund consists of appropriations, gifts, grants donation, bequests and devises; added the provisions that money appropriated to the fund or accruing to it through sales, gifts, grants, fees, penalties, bequests or other sources shall be delivered to the state treasurer and deposited in the fund and that money in the fund is appropriated to the office to carry out the intertribal ceremonial; and deleted the provision that the fund shall be administered by the office.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 16 - Intertribal Indian Ceremonial › Section 12-16-5 - Compensation.

Members of the intertribal ceremonial board shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2005, ch. 219, § 5; 1978 Comp., § 9-15C-5, recompiled as § 12-16-5 by Laws 2023, ch. 144, § 7.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 144, § 7 recompiled former 9-15C-5 NMSA 1978 as 12-16-5 NMSA 1978, effective July 1, 2023.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-1 to 13-1-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 13-1-1 to 13-1-20 NMSA 1978, relating to public purchases, effective November 1, 1984.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-21.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 13-1-21.1 NMSA 1978, as enacted by Laws 1981, ch. 340, § 1, relating to public purchases of American-made motor vehicles, effective November 1, 1984.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-21.2 - Repealed.

History:
Laws 1997, ch. 1, § 1 and Laws 1997, ch. 2, § 1; repealed by Laws 2011 (1st S.S.), ch. 3, § 8.
ANNOTATIONS
Repeals.
— Laws 2011 (1st. S.S.), ch. 3, § 8 repealed 13-1-21.2 NMSA 1978, as enacted by Laws 1997, ch. 1, § 1 and Laws 1997, ch. 2, § 1, relating to equal procurement access for New York businesses, effective October 5, 2011. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-23 to 13-1-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, repealed 13-1-23 to 13-1-27 NMSA 1978, relating to public purchases, effective November 1, 1984.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-28 - Short title.

Sections 13-1-28 through 13-1-199 NMSA 1978 may be cited as the "Procurement Code".
History:
Laws 1984, ch. 65, § 1; 2006, ch. 23, § 1.
ANNOTATIONS
The 2006 amendment,
effective March 2, 2006, changed the session law reference to the NMSA reference.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-29 - Rules of construction; purposes.

A. The Procurement Code shall be liberally construed and applied to promote its purposes and policies.
B. All references in law to the Public Purchases Act [repealed] shall be construed to be references to the Procurement Code.
C. The purposes of the Procurement Code are to provide for the fair and equitable treatment of all persons involved in public procurement, to maximize the purchasing value of public funds and to provide safeguards for maintaining a procurement system of quality and integrity.
History:
Laws 1984, ch. 65, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The Public Purchases Act, referred to in Subsection B, was compiled as 13-1-1 to 13-1-27 NMSA 1978, and was repealed by Laws 1984, ch. 65, § 175, effective November 1, 1984.
Purposes.
— The Procurement Code protects against the evils of favoritism, nepotism, patronage, collusion, fraud, and corruption in the award of public contracts.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Duty of fair and equitable treatment.
— The duty of good faith and fair dealing in the bidding process required that the city abide by the strictures of the Procurement Code and the purchasing manual. Specifically, the criteria provided by the city were an implied contract that if any bids were accepted, the acceptance would be based on these criteria and no others.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Breach of implied contract to follow Procurement Code.
— By unlawfully introducing, considering, and relying on a criterion not listed in the request, the city breached an informal contract that it would follow the Procurement Code and the purchasing manual in considering each bid. Thus, though no formal contract was ever concluded between the parties, the city's conduct was a breach of an implied contract for which damages will lie.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Licensed contractors only.
— Reading the Procurement Code and the Construction Industries Licensing Act, Chapter 60, Article 13 NMSA 1978, together, it is clear that the legislature intended (1) that public contracts should be awarded only to licensed contractors and (2) that purchasing authorities should be relieved from the necessity of making an independent investigation into the qualifications and fiscal responsibility of a contractor who is not licensed at the time of bidding. Thus, the doctrine of substantial compliance does not apply to the requirement of 60-13-12B NMSA 1978 that a contractor have a valid license when submitting a bid on a public contract.
BC&L Pavement Servs. v. Higgins
, 2002-NMCA-087, 132 N.M. 490, 51 P.3d 533.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-30.1 - Standardized classification codes; applicability.

Each state agency and local public body shall use the standardized classification codes developed by the state purchasing agent.
History:
Laws 2015, ch. 138, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 138, § 3 made Laws 2015, ch. 138, § 2 effective July 1, 2016.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-31 - Definition; architectural services.

"Architectural services" means services related to the art and science of designing and building structures for human habitation or use and includes planning, providing preliminary studies, designs, specifications, working drawings and providing for general administration of construction contracts.
History:
Laws 1984, ch. 65, § 4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-32 - Definition; blind trust.

"Blind trust" means a trust managed by a person other than the employee-beneficiary in which the employee-beneficiary is not given notice of alterations in the property of the trust.
History:
Laws 1984, ch. 65, § 5.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-34 - Definition; brand-name or equal specification.

"Brand-name or equal specification" means a specification describing one or more items by manufacturer's name or catalogue number to indicate the standard of quality, performance or other pertinent characteristics and providing for the substitution of equivalent items.
History:
Laws 1984, ch. 65, § 7.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-36 - Definition; catalogue price.

"Catalogue price" means the price of items of tangible personal property in the most current catalogue, price list, schedule or other form that:
A. is regularly maintained by the manufacturer or vendor of an item; and
B. is either published or otherwise available for inspection by a customer.
History:
Laws 1984, ch. 65, § 9.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-37 - Definition; central purchasing office.

"Central purchasing office" means that office within a state agency or a local public body responsible for the control of procurement of items of tangible personal property, services or construction. "Central purchasing office" includes the purchasing division of the general services department.
History:
Laws 1984, ch. 65, § 10; 2013, ch. 70, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, removed the state purchasing officer from the central purchasing office; in the first sentence, after "that office", deleted "or officer" and in the second sentence, after "services department", deleted "and the state purchasing agent".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-38 - Definition; change order.

"Change order" means a written order signed and issued by a procurement officer directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order with or without the consent of the contractor.
History:
Laws 1984, ch. 65, § 11.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-38.1 - Definition; chief procurement officer.

"Chief procurement officer" means that person within a state agency's or local public body's central purchasing office who is responsible for the control of procurement of items of tangible personal property, services or construction. "Chief procurement officer" includes the state purchasing agent.
History:
Laws 2013, ch. 70, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 70, § 8 made Laws 2013, ch. 70, § 1 effective July 1, 2013.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-39 - Definition; confidential information.

"Confidential information" means any information which is available to an employee because of the employee's status as an employee of a state agency or a local public body and which is not a matter of public knowledge or available to the public on request.
History:
Laws 1984, ch. 65, § 12.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-40 - Definition; construction.

A. "Construction" means building, altering, repairing, installing or demolishing in the ordinary course of business any:
(1) road, highway, bridge, parking area or related project;
(2) building, stadium or other structure;
(3) airport, subway or similar facility;
(4) park, trail, athletic field, golf course or similar facility;
(5) dam, reservoir, canal, ditch or similar facility;
(6) sewage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility;
(7) sewage, water, gas or other pipeline;
(8) transmission line;
(9) radio, television or other tower;
(10) water, oil or other storage tank;
(11) shaft, tunnel or other mining appurtenance;
(12) electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditioners;
(13) air conditioning conduit, heating or other similar mechanical work; or
(14) similar work, structures or installations.
B. "Construction" shall also include:
(1) leveling or clearing land;
(2) excavating earth;
(3) drilling wells of any type, including seismographic shot holes or core drilling; and
(4) similar work, structures or installations.
History:
Laws 1984, ch. 65, § 13.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-40.1 - Definition; construction management and construction manager.

A. "Construction management" means consulting services related to the process of management applied to a public works project for any duration from conception to completion of the project for the purpose of controlling time, cost and quality of the project.
B. "Construction manager" means a person who acts as an agent of the state agency or local public body for construction management, for whom the state agency or local public body shall assume all the risks and responsibilities.
History:
1978 Comp., § 13-1-40.1, enacted by Laws 1997, ch. 171, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-41 - Definition; contract.

"Contract" means any agreement for the procurement of items of tangible personal property, services or construction.
History:
Laws 1984, ch. 65, § 14.
ANNOTATIONS
Cross references.
— For definition of "procurement,"
see
13-1-74 NMSA 1978.
For definition of "tangible personal property,"
see
13-1-93 NMSA 1978.
Formation of contract.
— A contract was not formed when the Human Services Department [health care authority department] selected a bid pending General Service Department approval and legislative appropriation, since the pending actions were not mere legal formalities, but conditions precedent to contract formation.
Wisznia v. Human Servs. Dep't
, 1998-NMSC-011, 125 N.M. 140, 958 P.2d 98.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-45 - Definition; cost analysis.

"Cost analysis" means the evaluation of cost data and profit for the purpose of arriving at costs actually incurred by a contractor, estimates of costs to be incurred by a contractor and a profit to be allowed to a contractor.
History:
Laws 1984, ch. 65, § 18.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-46 - Definition; cost data.

"Cost data" means factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred by a contractor or which have been actually incurred by a contractor in performing the contract.
History:
Laws 1984, ch. 65, § 19.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-47 - Definition; cost reimbursement contract.

"Cost reimbursement contract" means a contract which provides for a fee other than a fee based on a percentage of cost and under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms.
History:
Laws 1984, ch. 65, § 20.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-48 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 90, § 1 repealed 13-1-48 NMSA 1978, as enacted by Laws 1984, ch. 65, § 21, relating to the definition of "current ownership" or "current officers and directors," effective April 1, 1985.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-50 - Definition; definite quantity contract.

"Definite quantity contract" means a contract which requires the contractor to furnish a specified quantity of services, items of tangible personal property or construction at or within a specified time.
History:
Laws 1984, ch. 65, § 23.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-53 - Definition; direct or indirect participation.

"Direct or indirect participation" means involvement through decision, approval, disapproval, recommendation, formulation of any part of a purchase request, influencing the content of any specification, investigation, auditing or the rendering of advice.
History:
Laws 1984, ch. 65, § 26.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-53.1 - Definition; electronic.

"Electronic" includes electric, digital, magnetic, optical, electronic or similar medium.
History:
Laws 2001, ch. 292, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 292, § 8 makes the act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-54 - Definition; employee.

"Employee" means an individual receiving a salary, wages or per diem and mileage from a state agency or a local public body whether elected or not and any noncompensated individual performing personal services as an elected or appointed official or otherwise for a state agency or a local public body.
History:
Laws 1984, ch. 65, § 27.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-55 - Definition; engineering services.

"Engineering services" means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, engineering studies and the review of construction for the purpose of assuring substantial compliance with drawings and specifications; any of which embrace such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, chemical, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. Such practice includes the performance of architectural work incidental to the practice of engineering. "Engineering services" does not include responsibility for the superintendence of construction, site conditions, operations, equipment, personnel or the maintenance of safety in the work place.
History:
1978 Comp., § 13-1-55, enacted by Laws 1989, ch. 69, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 69, § 1 repealed former 13-1-55 NMSA 1978, as enacted by Laws 1984, ch. 65, § 28, relating to the definition of engineering services, and enacted the above section, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-56 - Definition; external procurement unit.

"External procurement unit" means any procurement organization not located in this state which, if in this state, would qualify as a state agency or a local public body. An agency of the United States government is an external procurement unit.
History:
Laws 1984, ch. 65, § 29.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-56.1 - Recompiled.

History:
Laws 2013, ch. 149, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 149, § 1 was erroneously compiled as 13-1-56.1 NMSA 1978 and has been recompiled as 13-1-156.1 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-57 - Definition; financial interest.

"Financial interest" means:
A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or
B. ownership of more than five percent interest in a business.
History:
Laws 1984, ch. 65, § 30.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-59 - Definition; gratuity.

"Gratuity" means a payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, received or promised, unless consideration of substantially equal or greater value is exchanged.
History:
Laws 1984, ch. 65, § 32.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-60 - Definition; heavy road equipment.

"Heavy road equipment" means any motor-driven vehicle or apparatus capable of use for earth moving or mixing components which has an aggregate value or price of over one thousand dollars ($1,000).
History:
Laws 1984, ch. 65, § 33.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-63 - Definition; indefinite quantity contract.

"Indefinite quantity contract" means a contract which requires the contractor to furnish an indeterminate quantity of specified services, items of tangible personal property or construction during a prescribed period of time at a definite unit price or at a specified discount from list or catalogue prices.
History:
Laws 1984, ch. 65, § 36.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-63.1 - Definition; instructional materials.

"Instructional materials" means school textbooks and other educational media that are used as the basis for instruction, including combinations of textbooks, learning kits, supplementary materials and electronic media.
History:
1978 Comp., § 13-1-63.1, enacted by Laws 2023, ch. 149, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 149 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-65 - Definition; surveying services.

"Surveying services" means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for:
A. the measuring and locating of lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose of defining location, areas and volume;
B. the monumenting of property boundaries and the platting and layout of lands and subdivisions thereof;
C. the application of photogrammetric methods used to derive topographic and other data;
D. the establishment of horizontal and vertical controls for surveys for design, topographic surveys including photogrammetric methods, construction surveys for engineering and architectural public works; and
E. the preparation and perpetuation of maps, records, plats, field notes and property descriptions.
History:
1978 Comp., § 13-1-65, enacted by Laws 1989, ch. 69, § 2.
ANNOTATIONS
Cross references.
— For licensing of surveyors,
see
Chapter 61, Article 23 NMSA 1978.
Repeals and reenactments.
— Laws 1989, ch. 69, § 2 repealed former 13-1-65 NMSA 1978, as enacted by Laws 1984, ch. 65, § 38, relating to the definition of land surveying services, and enacted the above section, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-66 - Definition; landscape architectural services.

"Landscape architectural services" means services including but not limited to consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and administration of contracts where the dominant purposes of such services are:
A. the preservation or enhancement of land uses and natural features;
B. the location and construction of functional approaches for structures, pathways or walkways; or
C. the design of trails, plantings and landscape irrigation. Excluded from the provisions of this section are the services of architects, engineers and surveyors as defined in the Procurement Code.
History:
Laws 1984, ch. 65, § 39; 1989, ch. 69, § 3.
ANNOTATIONS
Cross references.
— For licensing of landscape architects,
see
Chapter 61, Article 24B NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-66.1 - Definition; local public works project.

"Local public works project" means a project of a local public body that uses architectural or engineering services requiring professional services costing fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services costing ten thousand dollars ($10,000) or more, excluding applicable state and local gross receipts taxes.
History:
1978 Comp., § 13-1-66.1, enacted by Laws 1989, ch. 69, § 4; 1993, ch. 72, § 1; 2007, ch. 315, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, increased the minimum amount of a local public works project requiring professional services from $25,000 to $50,000 and landscape architectural or surveying services from $5,000 to $10,000.
The 1993 amendment,
effective June 18, 1993, rewrote this section, which read " 'Local public works project' means a project of a local public body which uses architectural landscape architectural engineering or surveying services requiring professional services costing fifteen thousand dollars ($15,000) or more, excluding applicable state and local gross receipts taxes."