reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.14 - OTHER MATTERS RELATED TO THE STATE USE ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is the council's responsibility to
				identify, respond to, and equitably distribute, to as broad a base of eligible
				participants as possible, all relevant contract opportunities.
B. The council reserves the authority to make
				final contract distribution decisions based on the above policy and process, as
				well as any other unique factors or special circumstances. The central
				non-profit agency shall establish an appeals process for contract distribution
				or disputes, and for resolving price and quality-related disputes between
				parties in the exercise and administration of the State Use Act program, with
				the council being the final determining body. This process shall be applicable
				to state and local public body purchasers obtaining services under the State
				Use Act program, and nonprofit agencies and qualified individuals with a
				disability who own businesses certified by New Mexico abilities and providing
				services under state use contracts.
C. All regular meetings of the council shall
				include an agenda item for an open public forum. The council shall set aside a
				specific time at each meeting for the public, government officials, and
				businesses to address the council regarding any issues and concerns related to
				the State Use Act and its implementation. The council shall use this ongoing
				mechanism to solicit ongoing feedback, to promote the intention of the State
				Use Act to create employment opportunities for persons with disabilities, while
				promoting efficiency and best value for state and local government purchasing
				entities.
D. Meetings shall be
				conducted according to requirements of the Open Meetings Act.
E. The council shall address any other matter
				necessary to the proper administration of the State Use Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.15 - INTEGRATION, FAIR PAY AND ADDED VALUE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council shall ensure that the:
(1) work provides opportunities for
				integration with non-disabled persons;
(2) work provides fair pay based on
				prevailing wages;
(3) work provides
				equitable opportunities for the employment of people with disabilities;
				and
(4) services provide added
				value.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, P.O.
				  Box 1149 Santa Fe, New Mexico 87504-1149, (505) 827-5522
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of these regulations is pursuant to authority
				  granted to the state highway commission and state highway and transportation
				  department under NMSA 1978, Sections
				  9-1-5,
				  67-3-11,
				  67-3-28,
				  67-3-69,
				  67-3-70.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 1999, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. There exists an
				account in the custody of the state treasurer known as the state infrastructure
				bank. The department shall use money deposited in the bank to encourage
				investment in transportation systems, including facilities that contribute to
				the multimodal and intermodal transportation capabilities of the
				state.
B. The department, and when
				appropriate, the New Mexico finance authority, shall develop financing
				techniques designed to expand the availability of funding for transportation
				projects, reduce direct state costs, maximize private and local participation
				in financing projects, and improve the efficiency of the state transportation
				system.
C. This rule specifies the
				procedures and conditions by which an eligible public entity may apply for and
				obtain financial assistance from the bank.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Bank" means the
				state infrastructure bank account in the state road fund.
B. "Commission" means the New Mexico state
				highway commission.
C.
				"Construction" means construction as defined by Title 23, United States Code,
				Section 101 which includes preliminary studies required to determine the
				feasibility of an eligible project.
D. "Department" means the New Mexico state
				highway and transportation department.
E. "Design manual" means the latest edition
				of and successor to the department's standard specifications for highway and
				bridge construction.
F. "Expected
				financing period" means the time taken to fully pay any and all liabilities
				incurred to finance an eligible project, including all extensions of time
				through refunding or restructuring.
G. "Federal Act" means Section 350 of the
				National Highway System Designation Act of 1995 (
				Pub. L. No.
				104-59 ) and all regulations adopted under the
				act.
H. "Federal-aid highway" means
				a highway defined in Title 23, United States Code, Section 101.
I. "Financial assistance" means extending
				credit by direct loan, providing credit enhancements, serving as a capital
				reserve for bond or debt instrument funding, subsidizing interest rates,
				insuring the issuance of a letter of credit or credit instrument, financing a
				purchase or lease agreement in connection with a transit project, providing
				security for bonds and other debt instruments, or providing methods of
				leveraging money that have been approved by the United States secretary of
				transportation and which relate to the project for which the assistance is
				provided.
J. "Investment grade"
				means creditworthiness sufficient to qualify a debt as eligible for commercial
				bank investment under regulations issued by the United States comptroller of
				the currency. For bonds, these debts are limited to ratings of AAA, AA, A, and
				BBB by standard and poor rating services or corresponding ratings used by other
				nationally recognized rating services.
K. "Secondary funds" means the repayment of a
				loan, including interest, principal, fees, charges, or other assistance that is
				provided with money deposited to the credit of the bank; and the investment
				income generated by secondary funds deposited to the credit of the
				bank.
L. "Secretary" means the
				secretary of the department or his or her designee.
M. "Transportation system" means facilities
				used for the transportation of natural resources, manufactured products or
				passengers and includes communication and transportation structures and other
				facilities necessary for the operation of the transportation
				facilities.
N. "Transit project"
				means capital expenditures, excluding expenditures for commuter rail, eligible
				for funding under Title 49, United States Code, Sections 5307, 5309 and
				5311.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.8 - GENERAL POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Financial assistance is given by the bank based on application.
B. All actions of the bank will be in
				accordance with applicable federal and state laws, rules and regulations. Grant
				financing will not be considered. No actions will be knowingly taken which
				would result in the bank's credit rating falling below investment grade. If the
				bank's credit rating falls below investment grade, the commission shall take
				actions necessary or appropriate to return the bank's credit rating as
				practicable to investment grade.
C.
				Repayment of financial assistance from the bank will commence at the earliest
				reasonable date consistent with applicable federal and state laws, rules and
				regulations. The term for repaying any financial assistance will not exceed
				fifteen (15) years after the date of the first payment.
D. The federal highway administration, the
				federal transit administration, the comptroller general of the United States,
				the New Mexico department of finance and administration, and the department, or
				any of their authorized representatives, shall have the right of access to any
				books, documents, papers, or other records of the applicant which are pertinent
				to financial assistance, in order to make audits, examinations, excerpts, and
				transcripts.
E. If financial
				assistance is given, the parties shall enter into an agreement in a form
				provided by the department.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public entity
				authorized by law to construct, maintain, or finance an eligible project is
				eligible to apply to the department for financial assistance.
B. The following projects are eligible for
				financial assistance: Construction of a federal-aid highway, including required
				preliminary studies; a transit project; including a project eligible for
				assistance under Title 49, United States Code, Section 5310, or the planning,
				development, construction, maintenance, or operation of a public road, provided
				that the project is eligible for assistance under Title 23 or Title 49, United
				States Code, or the department is authorized by state law to provide assistance
				for the project.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.10 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary
				will designate a contact within the department for the purpose of providing
				information and assistance to potential applicants. Assistance may include
				non-binding advice, counsel, and consultation regarding all aspects of a
				possible eligible project. If the secretary determines that the project is
				otherwise eligible for assistance, that the department is authorized by state
				law to provide assistance, and that department resources are available, the
				department may provide engineering and other technical assistance to aid
				potential applicants in developing an application. Any advice, assistance, or
				aid provided shall not constitute a commitment or liability on the part of the
				department or the commission. Potential applicants are encouraged to
				communicate with the contact at the earliest possible date.
B. An applicant may request any form of
				financial assistance authorized by this regulation. In general, all requests
				for financial assistance shall be treated as requests for the use of specific
				sums of money from the bank for certain periods of time, at stated interest
				rates, with scheduled repayments of principal, interest, and any appropriate
				charges or fees.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.11 - APPLICATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				eligible entity shall submit an application to the secretary in a form
				prescribed by the department. The application must be accompanied by an
				overview of the project, which shall include a description of the project, the
				total cost of the project and the proposed use of the requested financial
				assistance, the amounts of money required to supply the requested financial
				assistance (including the needs of any reserve funds which must be established
				and held by the bank for the applicant's benefit, but which may not be expended
				from the bank), any proposed pledge of collateral or security and priority of
				claim to those items, a description of the need for the project, and the latest
				bond rating obtained by the applicant when using the sources of revenue to be
				pledged, or if not applicable, other evidence of creditworthiness similar to
				that required to obtain a bond rating.
B. For public roadway projects, the
				application must also be accompanied by a preliminary design study which
				includes an initial route and potential route alignments, termini, length, and
				junctions; the project's logical termini; any necessary utility relocation; the
				location of all right-of-way, facilities and equipment required to make the
				project functional; and revisions or changes to state highway system facilities
				necessitated by the project.
C. For
				transit projects, the application must also be accompanied by a preliminary
				scope study which shall include preliminary layouts, architectural drawings,
				equipment specifications, and an operations plan for the life of the equipment
				or facility, and other information necessary to fully describe the project and
				to comply with all requirements of the federal transit
				administration.
D. Depending upon,
				the complexity and size of the project, the type of infrastructure or asset
				involved, the type of financial assistance requested, the secretary may require
				supplemental information and data.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.12 - REQUIRED STUDIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				applicant shall submit a financial feasibility study which must include:
(1) a project construction or asset
				acquisition schedule identifying the timing, amount, and source of all cash
				required; and
(2) a description of
				the methods used in preparing the financial feasibility study, the assumptions
				contained in the study, and persons and entities responsible for the
				preparation of the study.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.13 - DEPARTMENT AND COMMISSION ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department will review the application
				submitted. When the application is complete, the department will so notify the
				applicant.
B. The secretary will
				perform an analysis of the application to support findings and recommendations
				for the commission. The secretary shall then submit the application together
				with findings and recommendations to the commission.
C. The commission will determine the
				sufficiency of the information, the probable reliability of the projections,
				and the anticipated financial condition of the applicant and the
				project.
D. Prior to granting
				preliminary approval of an eligible project for financial assistance, the
				commission will consider whether the project is on the state highway system;
				transportation need for and anticipated public benefit of the project; the
				present and projected financial condition of the bank; potential social,
				economic, and environmental impacts; conformity with the purposes of the bank;
				and evidence of local public support.
E. By granting preliminary approval, the
				commission authorizes the secretary to negotiate the project's limits, scope,
				definition and design; the amount, type and timing of disbursements of
				financial assistance; interest rates, fees, charges, repayment schedules, and
				term to maturity of any financial assistance, collateral securing the financial
				assistance, appropriate covenants applicable to the financial assistance,
				default provisions; and all other provisions necessary to complete a financial
				assistance agreement.
F. The
				commission may grant final approval if it determines that providing financial
				assistance will prudently provide for the protection of public funds while
				furthering the purposes of this rule; and the project will provide for all
				reasonable and feasible measures to avoid, minimize, or mitigate adverse
				impacts.
G. The commission may
				postpone final approval of an application if it finds that the current or
				projected financial condition of the bank warrants this action.
H. The commission may make its preliminary or
				final approval contingent upon the applicant making changes, performing other
				acts, or maintaining certain conditions necessary to provide for repayment of
				final approval.
I. Approval or
				disapproval of the project, whether preliminary or final, shall be by formal
				action of the commission, based upon findings and conclusions submitted to the
				commission by the secretary.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.14 - FINANCIAL ASSISTANCE AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary will negotiate the terms of
				agreements deemed necessary to comply with any requirements of preliminary
				approval, and to prudently provide for the protection of public funds while
				furthering the purposes of this rule.
B. These agreements shall include, but not be
				limited to, terms provided for in this rule.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.15 - PERFORMANCE OF WORK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may, at its discretion and consistent with state law, provide all or
				part of the work connected with the project. For work performed by the
				department, the following provisions apply:
(1) The department shall account for all
				costs of the project in the normal course of business as it does for all
				federal-aid eligible projects.
(2)
				The department shall make progress payments or set aside funds from the bank on
				behalf of the applicant as the department deems necessary. Such actions shall
				bind the applicant to repayment or release of security according to the terms
				of the agreement(s). Interest shall accrue from the date of the payment or
				setting aside of funds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.16 - DESIGN AND CONSTRUCTION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
For federal-aid and state highway improvement projects, plans
				  and specifications must be in compliance with the latest version of the
				  department's design manual. For non federal-aid projects, the applicant shall
				  certify that the project complies with the design manual. All construction
				  plans shall be signed and dated by a professional engineer registered in New
				  Mexico. The department may require that certain standards and procedures be
				  used in making any change orders.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.17 - MAINTENANCE AND OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When funds for repayment are derived from fees or tolls on
				  the project, or the project or asset is collateral for the financial
				  assistance, the department may require that certain standards and procedures be
				  used in maintenance of the project.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 30 - INFRASTUCTURE BANK › Section 2.40.30.18 - FINANCIAL AND CREDIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant shall agree to provide
				collateral and security for repayment, or other protections as the secretary
				may deem necessary; repay the financial assistance at specified interest rates
				over specified time periods according to repayment schedules, including agreed
				upon bank fees or compensation; abide by provisions governing default; have
				periodic audits in compliance with all applicable federal and state
				requirements; and reimburse the department for all costs or losses of funds
				resulting from a failure to perform by the applicant.
B. Depending on the facts and circumstances
				of each project, the applicant, and type of financial assistance provided, the
				secretary may require additional terms and conditions necessary to protect the
				public welfare, prudently provide for the protection of public funds, and
				further the purposes and requirements of this rule.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section
				  10-8-1 to
				  10-8-8 NMSA 1978, 2.42.2 NMAC
				  governs the payment of per diem rates and mileage and the reimbursement of
				  expenses for all salaried and non-salaried public officers and employees of all
				  state agencies and local public bodies, except:
A. state legislators; and
B. public officials and employees of state
				educational institutions specified in Article 12, Section 11 of the New Mexico
				Constitution and institutions defined in Chapter 21, Articles 13, 14, 16 and 17
				NMSA 1978 (hereinafter "public postsecondary educational institutions"). If an
				official or employee of a public postsecondary educational institution is also
				a salaried or non-salaried public officer or employee of any other state agency
				or local public body, these regulations shall apply when the person seeks
				payment of per diem rates and mileage or reimbursement of expenses in the
				capacity of a salaried or non-salaried public officer or employee of a
				governmental entity other than a public postsecondary educational
				institution.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are promulgated pursuant to authority
				  granted in Subsection A of Section
				  10-8-5 and Subsection E of Section
				  9-6-5 NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 16, 2024, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To govern the payment of per diem rates and mileage and the
				  reimbursement of expenses for all salaried and non-salaried public officers and
				  employees of all state agencies and local public bodies except those set forth
				  in Subsections A and B of
				  2.42.2.2 NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
"Agency head"
means:
(1) the cabinet secretary of departments and
				their administratively attached boards and commissions;
(2) the director for other agencies and
				institutions and their administratively attached boards and
				commissions;
(3) the superintendent
				of regulation and licensing for boards and commissions attached to the
				regulation and licensing department;
(4) the chairperson, president or executive
				secretary for remaining boards and commissions; and
(5) the chief executive, chief administrative
				officer, or governing body for local public bodies.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.8 - PER DIEM RATES AND PRORATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Per diem rates shall be paid to public officers and
				employees only in accordance with the provisions of this section. Per diem
				rates shall be paid without regard to whether expenses are actually incurred.
				Where lodging or meals are provided or paid for by the agency, the governing
				body, or another entity, the public officer or employee is entitled to
				reimbursement only for actual expenses under
				2.42.2.9 NMAC.
B.
Per diem rate computation:
Except as provided in Subsections C through I of this section, per diem rates
				for travel by public officers and employees shall be computed as follows:
(1)
Partial day per diem rate:
Public officers or employees who occasionally and irregularly travel shall be
				reimbursed for travel which does not require overnight lodging, but extends
				beyond a normal work day as published on the department of finance and
				administration website on May 1 for the preceding fiscal year.
(2)
Overnight travel:
Regardless
				of the number of hours traveled, travel for public officers and employees where
				overnight lodging is required shall be reimbursed as published on the
				department of finance and administration website on May 1 for the preceding
				fiscal year or actual lodging and meal expenses under
				2.42.2.9 NMAC.
(3)
Return from overnight
				travel:
On the last day of travel when overnight lodging is no longer
				required, partial day reimbursement shall be made. To calculate the number of
				hours in the partial day, begin with the time the traveler initially departed.
				Divide the number of hours traveled by 24. The hours remaining constitute the
				partial day which shall be reimbursed as published on the department of finance
				and administration website on May 1 for the preceding fiscal year.
(4)
Special area designations:
For all officers and employees, the in state special area shall be Santa Fe
				county.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.9 - REIMBURSEMENT OF ACTUAL EXPENSES IN LIEU OF PER DIEM RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Upon written
				request of a public officer or an employee, agency heads may grant written
				approval for a public officer or employee of that agency or local public body
				to be reimbursed actual expenses in lieu of the per diem rate where overnight
				travel is required.
B.
Overnight travel:
For overnight travel for state officers and
				employees where overnight lodging is required, the public officer or employee
				will be reimbursed as follows:
(1)
Actual reimbursement for lodging:
A public officer or an employee
				may elect to be reimbursed actual expenses for lodging not exceeding the single
				occupancy room charge (including tax) in lieu of the per diem rate set forth in
				2.42.2.8 NMAC. Whenever possible,
				public officers and employees should stay in hotels which offer government
				rates. Agencies, public officers or employees who incur lodging expenses in
				excess of $215.00 per night must obtain the signature of the agency head or
				chairperson of the governing board on the travel voucher prior to requesting
				reimbursement and on the encumbering document at the time of encumbering the
				expenditure.
(2)
Actual
				reimbursement for meals:
Actual expenses for meals are limited by
				Paragraph (2) of Subsection K of Section
				10-8-4 NMSA 1978 to the rates
				published on the department of finance and administration website on May for
				the preceding fiscal year.
(3)
Receipts required:
The public officer or employee must submit
				receipts for the actual meal and lodging expenses incurred. Under circumstances
				where the loss of receipts would create a hardship, an affidavit from the
				officer or employee attesting to the expenses may be substituted for actual
				receipts. The affidavit must accompany the travel voucher and include the
				signature of the agency head or governing board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.10 - TRAVEL ADVANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authorizations:
Upon written request accompanied by a travel
				voucher, agency heads and governing boards of local public bodies or their
				authorized designees may approve a public officer's or employee's request to be
				advanced up to eighty percent of per diem rates and mileage cost or for the
				actual cost of lodging and meals pursuant to
				2.42.2.8 NMAC and
				2.42.2.9 NMAC and for other travel
				expenses that may be reimbursed under
				2.42.2.12 NMAC. Requests for travel
				advances shall not be submitted to the financial control division of the
				department of finance and administration more than two weeks prior to travel
				unless, by processing the request earlier, significant savings can be realized
				for travel by common carrier or for registration fees for seminars and
				conferences.
B.
Travel
				period:
A travel advance may be authorized either for a single trip or
				on a monthly basis for public officers and employees who travel continually
				throughout the month. Payment shall be made only upon vouchers submitted with
				attached authorization for each travel period.
(1)
Single trip advances:
Where
				a travel advance is made for a single trip, the officer or employee shall
				remit, within 5 working days of the return from the trip, a refund of any
				excess advance payment to the agency. The agency or local public body shall
				deposit the refund and reduce the disbursement recorded when the money was
				advanced.
(2)
Monthly
				advances:
Where monthly advances are made, employees shall remit to the
				agency, at the end of each month, any excess advance payments together with a
				thorough accounting of all travel advances and expenditures as required by the
				secretary. Where a travel advance is approved for the next month, the agency
				head may authorize the use of excess advance payments from the previous month
				as part of the advance for the next month in lieu of having the employee remit
				the excess funds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.11 - MILEAGE-PRIVATE CONVEYANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
Mileage accrued in the use of a private conveyance
				shall be paid only in accordance with the provisions of this section.
B.
Rate:
Public officers and
				employees of state agencies shall be reimbursed for mileage accrued in the use
				of a private automobile or aircraft in the discharge of official duties as
				follows:
(1) unless the secretary has reduced
				the rates set for mileage for any class of public officials and for employees
				of state agencies pursuant to Subsection D of Section
				10-8-5 NMSA 1978, one hundred
				percent of the internal revenue service standard mileage rate set January 1 of
				the previous year for each mile traveled in a privately owned
				vehicle;
(2) privately owned
				airplane, eighty-eight cents ($0.88) per nautical mile.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.12 - REIMBURSEMENT FOR OTHER EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Public officers and employees may be reimbursed for certain
				  actual expenses in addition to per diem rates.
A. Public officers and employees may be
				reimbursed for the following expenses provided that receipts for all such
				expenses are attached to the reimbursement voucher:
(1) taxi or other transportation fares at the
				destination of the traveler;
(2)
				gratuities as allowed by the agency head or designee, not to exceed twenty
				percent per transaction;
(3)
				parking fees;
(4) actual costs for
				travel by common carrier, provided such travel is accomplished in the most
				economical manner practical;
(5)
				rental cars or charter aircraft, provided less expensive public transportation
				is not available or appropriate;
(6) registration fees for educational
				programs or conferences, provided, if the fee includes lodging or meals, then
				no per diem rates shall be paid and only actual expenses paid by the officer or
				employee and not included in the fee shall be reimbursed within the limits of
				2.42.2.9 NMAC; and
(7) professional fees or dues that are
				beneficial to the agency's operations or mission.
(8) Under circumstances where the loss of
				receipts would deny reimbursement and create a hardship, an affidavit from the
				officer or employee attesting to the expenses may be substituted for actual
				receipts. The affidavit must accompany the travel voucher and include the
				signature of the agency head or governing board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.13 - TRAVEL VOUCHERS

Current through Register Vol. 35, No. 13, July 16, 2024
Travel vouchers and supporting schedules and documents shall
				  conform to the policies and procedures manuals issued by the financial control
				  division of the department of finance and administration.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 2 - REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT › Section 2.42.2.14 - EFFECT OF PUBLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
All sections shall be effective upon publication in the
New Mexico Register
.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Finance and Administration, Bataan Memorial
				  Building, Room 180 Santa Fe, New Mexico 87503
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Governs the reimbursement of actual and reasonable moving
				  expenses for all public officers and employees of state agencies, as defined by
				  Section
				  10-8-3,
				  NMSA 1978, other than state educational institutions designated in Article 12,
				  Section 11, of the New Mexico Constitution.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  10-8-8 NMSA
				  1978 authorizes the department of finance and administration to promulgate by
				  regulation reimbursement for the actual and reasonable moving expenses incurred
				  by public officers and employees of state agencies.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 15, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish uniform rules relating to the reimbursement of
				  actual and reasonable moving expenses incurred by public officers and employees
				  of state agencies.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Authorized
				mover" means a mover authorized by the state corporation commission or its
				successor agency to operate as a mover in the state of New Mexico.
B. "Authorized trailer rental firm" and
				"authorized truck rental firm" mean, respectively, a trailer rental firm or
				truck rental firm authorized by the state corporation commission or its
				successor agency to rent trucks and/or trailers to consumers in the state of
				New Mexico.
C. "Designated post of
				duty" means the location a public officer or employee is assigned to work by a
				state agency.
D. "Former residence"
				means a public officer's or employee's principal residence immediately before
				departure to a new designated post of duty.
E. "May" means that an agency can, within its
				discretion, but is not obligated to, reimburse public officers or employees for
				any actual and reasonable moving expenses.
F. "New residence" means the public officer's
				or employee's principal residence after assignment to a new designated post of
				duty and departure from a former designated post of duty.
G. "State agency" means the state of New
				Mexico or any of its executive agencies, departments, boards, instrumentalities
				or institutions but shall not include state educational institutions set forth
				in Article 12, Section 11, of the New Mexico Constitution.
H. "Reimburse" means to make payment for
				actual and reasonable moving expenses:
(1) to
				a public officer or state employee; or
(2) to an independent contractor who has
				provided moving services to a public officer or state employee provided that:
(a) a contract exists between the public
				officer or state employee and the independent contractor; and
(b) the public officer or state employee
				would otherwise be entitled to reimbursement for the moving expenses.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.8 - ACTUAL AND REASONABLE MOVING EXPENSES - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A state agency may reimburse a public
				officer or employee for actual and reasonable moving expenses if all of the
				following conditions are met:
(1) the public
				officer or employee is assigned or transferred to a new designated post of duty
				for reasons clearly benefitting the state agency;
(2) the secretary of the department of
				finance and administration or his designee has approved in writing the payment
				of moving expenses pursuant to this rule;
(3) the assignment to the new designated post
				of duty will require the public officer or employee to commute at least
				thirty-five miles more from the former residence to the new designated post of
				duty than to the former designated post of duty;
(4) the reimbursement is limited to the
				actual and reasonable moving expenses allowed by this rule;
(5) the actual and reasonable moving expenses
				are incurred within six months after the date the transfer or reassignment
				becomes effective; and
(6) the
				voucher submitted for reimbursement explains the reason for the transfer or
				reassignment.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.9 - ACTUAL AND REASONABLE MOVING EXPENSES ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a public officer or employee uses an
				authorized mover to move his or her household goods and personal effects from a
				former residence to a new residence, the public officer or employee may be
				reimbursed for the following actual and reasonable moving expenses:
(1) the cost of packing the public officer's
				or employee's household goods and personal effects;
(2) the cost of crating the public officer's
				or employee's household goods and personal effects;
(3) the cost of any in-transit storage
				charges, not exceeding three months, of the public officer's or employee's
				household goods and personal effects;
(4) the cost of insurance for loss or damage
				to the public officer's or employee's household goods and personal effects
				while in-transit from the public officer's or employee's former residence to
				the public officer's or employee's new residence; and
(5) the cost of actual and reasonable
				household and personal effects moving expenses from the former residence to the
				new residence.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.10 - OTHER ACTUAL AND REASONABLE MOVING EXPENSES ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public officer or employee who is
				eligible for reimbursement of actual and reasonable moving expenses pursuant to
				this rule may also be reimbursed for per diem and mileage at the rates
				prescribed by the Per Diem and Mileage Act and DFA Rule 95-1 [now 2.42.2 NMAC],
				as amended, as follows:
(1) for one
				round-trip not exceeding four days from the former residence to the general
				location of the new designated post of duty to look for a new residence;
				and
(2) for a one-way trip from the
				former residence to the new residence to move the public officer or employee
				and his or her household members from the former residence to the new residence
				unless reimbursed pursuant to Section 9.3 [now Subsection C of 2.42.3.9
				NMAC].
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.11 - MOVING EXPENSES NOT ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A public officer or employee shall not be reimbursed for any
				  of the following moving expenses:
A.
				taking down or installing draperies or mirrors attached to the wall;
B. refitting rugs or draperies;
C. assembling or disassembling outdoor gym
				sets or swing sets;
D.
				disconnecting and servicing for moving major appliances such as dishwashers,
				refrigerators, washing machines, dryers, air conditioners, gas or electric
				ranges and television sets;
E.
				insuring:
(1) any jewelry, money, trading
				stamps, bills, deeds, drafts or other valuable papers;
(2) any stamp or coin collections of inherent
				value;
(3) any precious
				metals;
(4) any valuable collectors
				items; or
(5) silverware.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.12 - MANUFACTURED HOME ACTUAL AND REASONABLE MOVING EXPENSES ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public officer
				or employee whose former residence is a manufactured home may be reimbursed for
				the following actual reasonable moving expenses incurred in moving the
				manufactured home from a former residence to a new residence by an authorized
				mover:
(1) costs for moving a
				freezer;
(2) costs of packing
				household and personal effects;
(3)
				costs for removing and installing collapsible underpinning (skirting) and
				stairways and for reinstalling the skirting and stairways, provided no
				modifications are required;
(4)
				costs of unblocking and blocking;
(5) other costs incurred to prepare the
				manufactured home to be moved;
(6)
				escort fees;
(7) costs incurred in
				separating, boxing, and reconnecting;
(8) costs of moving the trailer by an
				authorized mover or mileage for personal vehicle at the rate set forth in the
				Per Diem and Mileage Act and DFA Rule 95-1 [now 2.42.2 NMAC]; and
(9) reasonable costs of connecting or
				disconnecting utilities.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.13 - MANUFACTURED HOME MOVING EXPENSES NOT ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A public officer or employee will not be reimbursed for the
				  following expenses or costs incurred in moving, from a former residence to a
				  new residence, a manufactured home which was the employee's principal
				  residence:
A. any costs set forth in
				Subsection 9.2 [now Subsection B of 2.42.3.9 NMAC] of this rule;
B. storage sheds and any other items which
				are not part of the initial move of the manufactured home or the contents of
				the manufactured home;
C.
				transportation of wood or concrete blocks;
D. costs of moving fuel or butane
				tanks;
E. costs of moving fencing
				or walkways;
F. costs of moving
				non-collapsible underpinnings (skirting) and stairways;
G. costs incurred for "acts of God" insurance
				or other extra insurance;
H. costs
				of moving two connected manufactured homes (a "double wide" manufactured home)
				originally built and designed as two separate dwelling units;
I. the dismantling, transporting or
				constructing of porches, patios or any add-on type of rooms other than tilt-out
				or slide rooms that were original components of the manufactured home and that
				were manufactured by the manufactured home company;
J. the mounting or dismounting of wheels,
				tires, tongues, replacement and/or tire repairs.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.14 - REFUND OF REIMBURSEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any public officer or employee who voluntarily terminates
				  employment with the state of New Mexico within six months after receipt of
				  reimbursement pursuant to this rule for actual and reasonable moving expenses
				  shall refund the amount of reimbursement to the state agency which paid the
				  reimbursement, unless the termination was caused by the death or disability of
				  the public officer or employee.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 42 - TRAVEL AND PER DIEM › Part 3 - RELATING TO THE REIMBURSEMENT OF MOVING EXPENSES › Section 2.42.3.15 - REIMBURSEMENT OF PUBLIC OFFICER'S OR EMPLOYEE'S SPOUSE

Current through Register Vol. 35, No. 13, July 16, 2024
A public officer or employee shall not be reimbursed for
				  moving expenses for which the spouse of the public officer or employee is
				  reimbursed by the spouse's employer.