SB 206 — FORESTRY DIVISION PROCUREMENT EXEMPTION

SENATE BILL 206 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Carrie Hamblen and Matthew McQueen and Pat Woods 6 8 10 AN ACT RELATING TO PROCUREMENT;

PROVIDING AN EXEMPTION FROM THE PROCUREMENT CODE FOR CONTRACTS ENTERED INTO BY THE FORESTRY DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES 14 DEPARTMENT TO DISTRIBUTE FEDERAL GRANTS TO NONGOVERNMENTAL ENTITIES AND INDIVIDUALS SELECTED BY THE FEDERAL GOVERNMENT FOR PROGRAMS RELATING TO FORESTRY.

e9 t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

= = 19 SECTION 1.

Section 13-1-98 NMSA 1978 (being Laws 1984, a l i a e r 20 Chapter 65, Section 71, as amended by Laws 2019, Chapter 48, a t m m 21 Section 13 and by Laws 2019, Chapter 63, Section 1) is amended d r e 22 to read:

c e s k 23 "13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The e a n b 24 provisions of the Procurement Code shall not apply to:

u [ A.

procurement of items of tangible personal .223810.2SA property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections 13-1-135 through 13-1-137 NMSA 1978;

printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or SB 206 Page 1 federal courts;

purchases of books, periodicals and training materials in printed or electronic format from the publishers or copyright holders thereof and purchases of print, digital or e e 17 electronic format library materials by public, school and state e e n d 18 libraries for access by the public;

= = l ] 19 F.

travel or shipping by common carrier or by a l r i 20 private conveyance or to meals and lodging;

t e a t G.

purchase of livestock at auction rings or to the m m 21 e d r e 22 procurement of animals to be used for research and c e r c 23 experimentation or exhibit;

e a n b 24 H.

contracts with businesses for public school u [ transportation services;

.223810.2SA - 2 - I.

purchases not exceeding ten thousand dollars ($10,000) consisting of magazine subscriptions, web-based or SB 206 Page 2 electronic subscriptions, conference registration fees and other similar purchases where prepayments are required;

the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial e e 17 consultants;

e e n d 18 M.

contracts entered into by a local public body = = l ] 19 with a private independent contractor for the operation, or a l r i 20 provision and operation, of a jail pursuant to Sections 33-3-26 t e a t and 33-3-27 NMSA 1978;

m m 21 e d r e 22 N.

contracts for maintenance of grounds and c e r c 23 facilities at highway rest stops and other employment e a n b 24 opportunities, excluding those intended for the direct care and u [ support of persons with handicaps, entered into by state .223810.2SA - 3 - agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;

SB 206 Page 3 Q.

e e 17 S.

contracts for service relating to the design, e e n d 18 engineering, financing, construction and acquisition of public = = l ] 19 improvements undertaken in improvement districts pursuant to a l r i 20 Subsection L of Section 3-33-14.1 NMSA 1978 and in county t e a t improvement districts pursuant to Subsection L of Section m m 21 e d r e 22 4-55A-12.1 NMSA 1978;

c e r c 23 T.

works of art for museums or for display in e a n b 24 public buildings or places;

u [ U.

contracts entered into by a local public body .223810.2SA - 4 - with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;

purchases of advertising in all media, SB 206 Page 4 including radio, television, print and electronic;

procurement by or through the public education department from the federal department of education relating to e e 17 parent training and information centers designed to increase e e n d 18 parent participation, projects and initiatives designed to = = l ] 19 improve outcomes for students with disabilities and other a l r i 20 projects and initiatives relating to the administration of t e a t improvement strategy programs pursuant to the federal m m 21 e d r e 22 Individuals with Disabilities Education Act;

provided that the c e r c 23 exemption applies only to procurement of services not to exceed e a n b 24 two hundred thousand dollars ($200,000);

u [ Z.

procurement of services from community .223810.2SA - 5 - rehabilitation programs or qualified individuals pursuant to the State Use Act;

procurement, by either the department of health or Grant county or both, of tangible personal SB 206 Page 5 property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;

the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of e e 17 livestock;

e e n d 18 EE.

contracts entered into by the crime victims = = l ] 19 reparation commission to distribute federal grants to assist a l r i 20 victims of crime, including grants from the federal Victims of t e a t Crime Act of 1984 and the federal Violence Against Women Act of m m 21 e d r e 22 1994;