HB 264 — PUBLIC PRIVATE PARTNERSHIP ACT

HLVMCº(4) require a private partner to provide guarantees, letters of credit or other acceptable forms of security, the amount of which may be less than one hundred percent of the value of the contract involved based on the determination of the public partner, or for public-private partnership agreements requiring board approval, based on the determination by the board;»HLVMC HLVMCº(4) require a private partner to provide, or cause to be provided, performance and payment bonds as required pursuant to Section 13-4-18 NMSA 1978;»HLVMC (5) specify how revenue will be collected, accounted for and audited;

(7) address how the public partners and the h g private partners will share management and the risks of the o t hr public project;

g e i k (8) provide that, in the event of an uncured h r i s default, the public partner may:

h , t, e u g (a) elect to take over the public e b l e e h project, including the succession of all right, title and n d d i = = o h interest in the public project, subject to any liens on revenue l ] b ,d i a º e r i = r previously granted by the private partner;

and et e 17w (b)d terminatem thea public-private e e n do 18(b) partnershipterminate andthe exercisepublic-private anyd otherm rights: and remedies that may = = l ] 19 be available;

ab le rd is 20º (9)o specifyt then term= of.216145.1AIC theFebruary public-private12, t2020 (2:00pm) s k m e - 5 - e a tn e d r e l u [ A d partnership agreement,and whichexercise shallany notother exceedrights thirtyand years;remedies that may be available;

m(9) mspecify 21the eterm dof r e 22 (10) limit a private partner from seeking c e r c 23 injunctive or other equitable relief to in any way restrict a e a n b 24 public partner from developing, constructing or maintaining a u [ public project, except that the public-private partnership .216145.1agreement, -which 5shall -not agreementexceed maythirty provideyears; for reasonable compensation to the private partner for the adverse effect resulting from development, construction, operation and maintenance of another public project of the public partner;

(10) limit a private partner from seeking injunctive or other equitable relief to in any way restrict a public partner from developing, constructing or maintaining a public project, except that the public-private partnership agreement may provide for reasonable compensation to the private partner for the adverse effect resulting from development, construction, operation and maintenance of another public project of the public partner;

h (13) provide provisions for termination of the u » r public-private partnership agreement, including the cessation t h g e l i of the powers and duties of the private partner;

and h r i s (14) provide that the public project shall h , e h revert to the public partner and be dedicated for public use.

t u g e b l e e , gh E.

A public-private partnership agreement for a n d d i = = o h public project for which the cost is in excess of ten million l ] b ,d i a º r dollars ($10,000,000) shall not become effective until it is e r = t e 17w d m a n o approved by the board pursuant to the Public-Private e e n d 18m Partnership: Act.

=b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 6 - e a n e d r e l ]u 19[ F.A d Partnership Act.

WithinF. thirty days of execution by a public a l r i 20 partner and a private partner, a copy of the fully executed t e a t public-private partnership agreement for a public project for m m 21 e d r e 22 which the cost is less than or equal to ten million dollars c e r c 23 ($10,000,000) shall be delivered to the board for reporting e a n b 24 pursuant to the Public-Private Partnership Act.

uWithin [thirty SECTIONdays 4.of execution by a public partner and a private partner, a copy of the fully executed public-private partnership agreement for a public project for which the cost is less than or equal to ten million dollars ($10,000,000) shall be delivered to the board for reporting pursuant to the Public-Private Partnership Act.

[NEWSECTION MATERIAL4. ] PUBLIC-PRIVATE PARTNERSHIP .216145.1 - 6 - BOARD--CREATED--MEMBERSHIP.-- A.

[NEW MATERIAL ] PUBLIC-PRIVATE PARTNERSHIP BOARD--CREATED--MEMBERSHIP.-- A.

(2) the secretary of finance and h administration or the secretary's designee;

g o t hr (3) the secretary of general services or the g e i k secretary's designee;

h r i s (4) the secretary of transportation or the h , t, secretary's designee;

e u g e b l e e h (5) the chief executive officer of the n d d i = = o h authority or the chief executive officer's designee;

and l ] b ,d i a º e (6) four public members appointed by the New er ei 17= Mexicor legislativet council who shall have experience in e ew n d 18m architecture,a development,n engineering,o publicMexico projects,legislative =council =who lshall ]have 19experience projectin finance,d publicm finance: or bond and finance law.

b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 7 - e a ln e d r ie 20l C.u [ A d architecture, development, engineering, public projects, project finance, public finance or bond and finance law.

TheC. public members appointed initially shall t e a t draw lots for staggered terms in such a way that two members m m 21 e d r e 22 shall serve for six years, one member shall serve for four c e r c 23 years and one member shall serve for two years.

Thereafter,The epublic amembers nappointed binitially 24shall thedraw publiclots for staggered terms in such a way that two members shall serve for six-yearsix terms.years, one member shall serve for four years and one member shall serve for two years.

uThereafter, [the D.public members shall serve for six-year terms.

TheD. members shall select a chair, who shall be a .216145.1 - 7 - public member and who shall serve a term of two years.

The members shall select a chair, who shall be a public member and who shall serve a term of two years.

h B.

develop forms of applications for approval of g o t hr public-private partnership agreements;

g e i k C.

receive for reporting purposes executed public- h r i s private partnership agreements for public projects for which h , t, the cost is less than or equal to ten million dollars e u g e b l e e h ($10,000,000);

n d d i = = o h D.

review and consider for approval proposed l ] b ,d i a º e public-private partnership agreements for a public project for er i = r t e 17w d m a n o which the cost is in excess of ten million dollars e e n d 18m ($10,000,000);:

=b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 8 - e a n e d r e l ]u 19[ E.A d ($10,000,000);

certifyE. the need for the issuance of revenue a l r i 20 bonds and refunding bonds by the authority;

tcertify ethe aneed tfor F.the issuance of revenue bonds and refunding bonds by the authority;

determineF. the use of a public-private m m 21 e d r e 22 partnership agreement and ensure that the proposed funding c e r c 23 mechanism is a prudent expenditure of public funds;

edetermine the use of a npublic-private bpartnership 24agreement G.and ensure that the proposed funding mechanism is a prudent expenditure of public funds;

promulgateG. rules establishing the application u [ process and criteria for the approval of public-private .216145.1 - 8 - partnership agreements in accordance with the provisions of the State Rules Act;

promulgate rules establishing the application process and criteria for the approval of public-private partnership agreements in accordance with the provisions of the State Rules Act;

take all other action necessary to implement the Public-Private Partnership Act, including entering into joint powers agreements and retaining legal counsel and experts when h appropriate.

g o t hr SECTION 6.

[NEW MATERIAL ] NEW MEXICO FINANCE AUTHORITY-- g e i k DUTIES.--The authority shall:

h r i s A.

h , t, B.

administer the public-private partnership e u g e b l e e h project fund;

n d d i = = o h C.

develop forms of grant and loan applications for l ] b ,d i a º e public partners seeking funds from the public-private er i = r t e 17w d m a n o partnership project fund;

e e n d 18m D.:

makeb loanse andd grantss fromº theo public-privatet =n = l.216145.1AIC ]February 1912, partnership2020 project(2:00pm) funds fork publicm projectse that- have9 been- e a ln re id 20r recommended for approval by the board pursuant to the Public- t e al tu Private[ PartnershipA Act;d D.

mmake mloans 21and egrants dfrom rthe epublic-private 22partnership E.project fund for public projects that have been recommended for approval by the board pursuant to the Public- Private Partnership Act;

promulgateE. rules relating to the issuance of c e r c 23 bonds for public projects;

epromulgate arules nrelating bto 24the F.issuance of bonds for public projects;

uponF. certification by the board, issue revenue u [ bonds and refunding bonds in accordance with the provisions of .216145.1 - 9 - the Public-Private Partnership Act;

upon certification by the board, issue revenue bonds and refunding bonds in accordance with the provisions of the Public-Private Partnership Act;

be compensated from the public-private partnership project fund for administrative and reimbursable costs in connection with the authority's support of the board and administration of the public-private partnership project h fund;

and g o t hr I.

take all other action necessary to implement the g e i k Public-Private Partnership Act, including entering into joint h r i s powers agreements with other agencies.

h , t, SECTION 7.

[NEW MATERIAL ] PUBLIC-PRIVATE PARTNERSHIP e u g e b l e e h PROJECT FUND CREATED--STUDY GRANTS--INFRASTRUCTURE LOANS.-- n d d i = = o h A.

The "public-private partnership project fund" is l ] b ,d i a º e created within the authority.

The fund consists of er ei 17= appropriations,r paymentst of principal and interest on loans e ew n d 18m madea fromn theo fund,appropriations, incomepayments from investment of theprincipal fund and anyinterest =on =loans ld ]m 19: other money distributed or otherwise allocated to the fund.

b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 10 - e a ln e d r ie 20l Balancesu in[ theA fundd atmade from the endfund, income from investment of anythe fiscalfund yearand shallany notother tmoney edistributed aor totherwise revertallocated to the general fund.

TheBalances fundin maythe consistfund ofat suchthe mend mof 21any efiscal dyear rshall enot 22revert subaccounts as the authority deems necessary to carry out the cgeneral e r c 23 purposes of the fund.

eThe afund nmay bconsist 24of B.such subaccounts as the authority deems necessary to carry out the purposes of the fund.

MoneyB. in the public-private partnership project u [ fund may be used to make grants of up to seventy-five thousand .216145.1 - 10 - dollars ($75,000) to a public partner for the purposes of studying the costs and benefits of entering into a public- private partnership agreement for a proposed public project.

Money in the public-private partnership project fund may be used to make grants of up to seventy-five thousand dollars ($75,000) to a public partner for the purposes of studying the costs and benefits of entering into a public- private partnership agreement for a proposed public project.

Money in the public-private partnership project fund may be used to provide loans for financing a public h project through a public-private partnership agreement;

u » r provided that:

t h g e l i (1) the private partner shall provide funds h r i s matching the public partner's monetary obligation for the h , e h public-private partnership agreement, as provided by rule;

and t u g e b l e e , gh (2) the public partner shall certify to the n d d i = = o h board that the public partner has taken all action necessary to l ] b ,d i a º r approve the public-private partnership agreement and that the e r = t e 17w d m a n o public-private partnership agreement contains all terms and e e n d 18m conditions: required by the Public-Private Partnership Act.

=b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 11 - e a n e d r e l ]u 19[ D.A d conditions required by the Public-Private Partnership Act.

MoneyD. in the public-private partnership project a l r i 20 fund may be used pursuant to Subsections B and C of this t e a t section only for:

mMoney min 21the epublic-private dpartnership rproject efund 22may (1)be grantsused orpursuant loans to aSubsections publicB partner;and C of this section only for:

and(1) cgrants eor rloans cto 23 (2) a public projectpartner; for which the cost is in e a n b 24 excess of ten million dollars ($10,000,000).

uand [(2) E.a public project for which the cost is in excess of ten million dollars ($10,000,000).

MoneyE. in the public-private partnership project .216145.1 - 11 - fund may be used for grants or loans to an Indian nation, tribe or pueblo that has entered into a partnership with a private partner for the development of a public project only if:

Money in the public-private partnership project fund may be used for grants or loans to an Indian nation, tribe or pueblo that has entered into a partnership with a private partner for the development of a public project only if:

and h (3) the grant or loan application is g o t hr recommended for approval by the board and approved by the g e i k authority.

h r i s F.

Money in the public-private partnership project h , t, fund may be used for administrative and reimbursable costs e u g e b l e e h incurred by the board and by the authority.

n d d i = = o h SECTION 8.

[NEW MATERIAL ] APPLICABILITY OF CERTAIN OTHER LAWS.--Thel construction] ofb a,d publici project pursuant to a eº e 17LAWS.--The public-privateconstruction partnershipof agreement is a public workproject forpursuant theto ea er ni d= 18r purposest ofe thew Publicd Worksm Minimuma Wagen Act,o thepublic-private =partnership =agreement lis ]a 19public Subcontractorswork Fairfor Practices Act and the Publicd Worksm a: l r i 20 Apprentice and Training Act.

b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 12 - e a tn SECTIONe 9.d r e l u [ A d purposes of the Public Works Minimum Wage Act, the Subcontractors Fair Practices Act and the Public Works Apprentice and Training Act.

[NEWSECTION MATERIAL9. ] REVENUE BONDING AUTHORITY.-- m m 21 e d r e 22 A.

Upon[NEW certificationMATERIAL of] theREVENUE board,BONDING theAUTHORITY.-- authorityA. c e r c 23 may issue revenue bonds, the pledged revenues for which shall e a n b 24 be fees, charges, lease payments, installment sale payments or u [ other revenue sources of a public project for any one or more .216145.1 - 12 - of the purposes authorized by the Public-Private Partnership Act.

Upon certification of the board, the authority may issue revenue bonds, the pledged revenues for which shall be fees, charges, lease payments, installment sale payments or other revenue sources of a public project for any one or more of the purposes authorized by the Public-Private Partnership Act.

In addition to the pledge of revenues to the payment of revenue bonds, the authority may grant a mortgage on h a public project that has been solely financed by revenue bonds u » r to the bondholders or a trustee for the benefit of the holders t h g e l i of revenue bonds.

h r i s D.

Revenue in excess of the annual principal and h , e h interest due on revenue bonds secured by a pledged revenue may t u g e b l e e , gh be accumulated in a debt service reserve account.

The n d d i = = o h authority may appoint a commercial bank trust department to act l ] b ,d i a º r as paying agent or trustee of the revenue and to administer the e r = t e 17w d m a n o payment of principal of and interest on the revenue bonds.

e e n d 18m E.:

Exceptb asr otherwisee providedt inº theo Public-t =n = l.216145.1AIC ]February 1912, Private2020 Partnership(2:00pm) Act,s revenuek bonds:m e - 13 - e a n e d r e l u [ A d E.

aExcept l r i 20 (1) may have interest, principal value or any t e a t part thereof payable at intervals or at maturity as mayotherwise beprovided min mthe 21Public- ePrivate dPartnership rAct, erevenue 22bonds: determined by the authority;

c(1) e r c 23 (2) may behave subjectinterest, toprincipal priorvalue redemptionor atany thepart ethereof apayable n b 24 authority's option at aintervals time and upon terms and conditions, u [ with or withoutat thematurity paymentas ofmay abe premium, as determined by the .216145.1 - 13 - authority;

(2) may be subject to prior redemption at the authority's option at a time and upon terms and conditions, with or without the payment of a premium, as determined by the authority;

(5) shall be sold for cash at, above or below par and at a price that results in a net effective interest h rate that does not exceed the maximum permitted by the Public g o t hr Securities Act and the Public Securities Short-Term Interest g e i k Rate Act;

and h r i s (6) may be sold at public or negotiated sale.

h , t, F.

At a regular or special meeting, the authority e u g e b l e e h may, upon receipt of a certification from the board, adopt a n d d i = = o h resolution that:

l ] b ,d i a º e (1) declares the necessity for issuing revenue er i = r t e 17w d m a n o bonds;

e e n d 18m (2): authorizes the issuance of revenue bonds = = l ] 19 by an affirmative vote of a majority of all of the members of a l r i 20 the authority;

andb t e ad s º o t (3)n designates= the.216145.1AIC sourcesFebruary of12, revenues2020 to(2:00pm) bes mk m 21e - 14 - e a n e d r e 22l pledgedu to[ A d (2) authorizes the repaymentissuance of revenue bonds by an affirmative vote of a majority of all of the revenuemembers bonds.of the authority;

cand e(3) rdesignates cthe 23sources SECTIONof 10.revenues to be pledged to the repayment of the revenue bonds.

[NEWSECTION MATERIAL10. ] REFUNDING BOND AUTHORITY.-- e a n b 24 A.

Upon[NEW certificationMATERIAL of] theREFUNDING board,BOND theAUTHORITY.-- authorityA. u [ may issue refunding bonds for the purpose of refinancing, .216145.1 - 14 - paying and discharging all or any part of outstanding bonds for the:

Upon certification of the board, the authority may issue refunding bonds for the purpose of refinancing, paying and discharging all or any part of outstanding bonds for the:

(2) reduction of interest costs or affecting h other economies;

or g o t hr (3) modification or elimination of restrictive g e i k contractual limitations pertaining to the issuance of h r i s additional bonds or concerning the outstanding bonds or public h , t, project relating to the outstanding bonds.

e u g e b l e e h B.

The authority may pledge irrevocably for the n d d i = = o h payment of interest, principal and premium, if any, on l ] b ,d i a º e refunding bonds the appropriate pledged revenues, which may be er i = r t e 17w d m a n o pledged to an original issue of bonds.

e e n d 18m C.:

Inb additione tod thes pledgeº ofo revenuet ton the = =.216145.1AIC lFebruary ]12, 192020 payment(2:00pm) ofs refundingk bonds,m thee authority- may15 grant- a mortgage a l r i 20 on a public project that has been solely financed by revenue t e a tn bonds to the bondholders or a trustee for the benefit of the m m 21 e d r e 22l holdersu of[ theA bonds.d C.

cIn eaddition rto cthe 23pledge D.of revenue to the payment of refunding bonds, the authority may grant a mortgage on a public project that has been solely financed by revenue bonds to the bondholders or a trustee for the benefit of the holders of the bonds.

RefundingD. bonds may be issued separately or in e a n b 24 combination in one series or more.

uRefunding [bonds E.may be issued separately or in combination in one series or more.

RefundingE. bonds shall be authorized by .216145.1 - 15 - resolution.

Refunding bonds shall be authorized by resolution.

h F.

The principal amount of the refunding bonds may u » r exceed the principal amount of the refunded bonds and may also t h g e l i be less than or the same as the principal amount of the bonds h r i s being refunded if provision is duly and sufficiently made for h , e h the payment of the refunded bonds.

t u g e b l e e , gh G.

The proceeds of refunding bonds, including n d d i = = o h accrued interest and premiums appertaining to the sale of l ] b ,d i a º r refunding bonds, shall be immediately applied to the retirement e r = t e 17w d m a n o of the bonds being refunded or placed in escrow in a commercial e e n d 18m bank: or trust company that possesses and exercises trust powers = = l ] 19 and that is a member of the federal deposit insurance a l r i 20 corporation.

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 16 - e a tn H.e d r e l u [ A d bank or trust company that possesses and exercises trust powers and that is a member of the federal deposit insurance corporation.

RefundingH. bonds may bear additional terms and m m 21 e d r e 22 provisions as determined by the authority subject to the c e r c 23 limitations in this section relating to original bond issues.

eRefunding abonds nmay bbear 24additional Refundingterms bondsand areprovisions notas determined by the authority subject to the provisionslimitations ofin anythis othersection urelating [to statute.original bond issues.

.216145.1Refunding -bonds 16are -not I.subject to the provisions of any other statute.

I.

h (3) may be serial in form and maturity or may u » r consist of a single bond payable in one or more installments or t h g e l i may be in another form, as determined by the authority;

and h r i s (4) shall be exchanged for the bonds and any h , e h matured unpaid interest being refunded at not less than par or t u g e b l e e , gh sold at public or negotiated sale at, above or below par and at n d d i = = o h a price that results in a net effective interest rate that does l ] b ,d i a º r not exceed the maximum permitted by the Public Securities Act.

e r = t e 17w d m a n o J.

At a regular or special meeting, the authority e e n d 18m may: adopt a resolution by majority vote to authorize the = = l ] 19 issuance of the refunding bonds.

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 17 - e a ln e d r ie 20l SECTIONu 11.[ A d may adopt a resolution by majority vote to authorize the issuance of the refunding bonds.

[NEWSECTION MATERIAL11. ] BONDS NOT OBLIGATION OF t e a t STATE.--All bonds or other obligations issued pursuant to the m m 21 e d r e 22 Public-Private Partnership Act are payable solely from the c e r c 23 revenue of the authority that may be pledged to the payment of e a n b 24 such obligations, and the bonds or other obligations shall not u [ create an obligation, debt or liability of the state or any .216145.1 - 17 - other of its political subdivisions.

[NEW MATERIAL ] BONDS NOT OBLIGATION OF STATE.--All bonds or other obligations issued pursuant to the Public-Private Partnership Act are payable solely from the revenue of the authority that may be pledged to the payment of such obligations, and the bonds or other obligations shall not create an obligation, debt or liability of the state or any other of its political subdivisions.

[NEW MATERIAL ] REPORT.--By December 1, 2020, and by December 1 of each year thereafter, the board shall provide a report to the governor and the New Mexico finance h authority oversight committee regarding:

g o t hr A.

the grant and loan applications approved by the g e i k board;

h r i s B.

the public-private partnership agreements h , t, approved by or reported to the board;

e u g e b l e e h C.

the status of the public-private partnership n d d i = = o h project fund;

l ] b ,d i a º e D.

any certifications for the issuance of revenue r i = r t e w d m a n o or refunding bonds made by the board to the authority;

and d m :

b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 18 - e a n e d r e l u [ A d E.

any recommended changes to the Public-Private Partnership Act.

SECTION 13.

[NEW MATERIAL ] CUMULATIVE AUTHORITY.--The Public-Private Partnership Act shall be deemed to provide an additional and alternative method for the doing of things authorized by that act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing;

provided that the issuance of bonds pursuant to the provisions of the Public-Private Partnership Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Act, the Public Securities Short-Term Interest Rate Act and the Public Securities Limitation of Action Act, which acts shall apply.

SECTION 14.

Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2019, Chapter 48, h Section 13 and by Laws 2019, Chapter 63, Section 1) is amended u » r to read:

t h g e l i "13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The h r i s provisions of the Procurement Code shall not apply to:

h , e h A.

procurement of items of tangible personal t u g e b l e e , gh property or services by a state agency or a local public body n d d i = = o h from a state agency, a local public body or external l ] b ,d i a º r procurement unit except as otherwise provided in Sections e r = t e w d m a n o 13-1-135 through 13-1-137 NMSA 1978;

d m :

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 19 - e a n e d r e l u [ A d B.

procurement of tangible personal property or services for the governor's mansion and grounds;

theprinting statusand ofduplicating thecontracts public-privateinvolving partnershipmaterials projectthat fund;are required to be filed in connection with proceedings before administrative agencies or state or federal courts;

anypurchases certifications for the issuance of revenuepublicly eprovided e 17 or refundingpublicly bondsregulated madegas, byelectricity, thewater, boardsewer toand therefuse authority;collection services;

and e e n d 18 E.

any recommended changes to the Public-Private = = l ] 19 Partnership Act.

a l r i 20 SECTION 13.

[NEW MATERIAL ] CUMULATIVE AUTHORITY.--The t e a t Public-Private Partnership Act shall be deemed to provide an m m 21 e d r e 22 additional and alternative method for the doing of things c e r c 23 authorized by that act and shall be regarded as supplemental e a n b 24 and additional to powers conferred by other laws and shall not u [ be regarded as in derogation of any powers now existing;

.216145.1 - 18 - provided that the issuance of bonds pursuant to the provisions of the Public-Private Partnership Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Act, the Public Securities Short-Term Interest Rate Act and the Public Securities Limitation of Action Act, which acts shall apply.

SECTION 14.

Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2019, Chapter 48, Section 13 and by Laws 2019, Chapter 63, Section 1) is amended to read:

"13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

A.

procurement of items of tangible personal 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 e e 17 13-1-135 through 13-1-137 NMSA 1978;

e e n d 18 B.

procurement of tangible personal property or = = l ] 19 services for the governor's mansion and grounds;

a l r i 20 C.

printing and duplicating contracts involving t e a t materials that are required to be filed in connection with m m 21 e d r e 22 proceedings before administrative agencies or state or federal c e r c 23 courts;

e a n b 24 D.

purchases of publicly provided or publicly u [ regulated gas, electricity, water, sewer and refuse collection .216145.1 - 19 - services;

h G.

purchase of livestock at auction rings or to the g o t hr procurement of animals to be used for research and g e i k experimentation or exhibit;

h r i s H.

contracts with businesses for public school h , t, transportation services;

e u g e b l e e h I.

procurement of tangible personal property or n d d i = = o h services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, byl the] correctionsb industries,d divisioni ofa theº corrections e e 17 department pursuant to rules adopted by the corrections e e n d 18 industries commission,division whichof shallthe becorrections reviewedr byi the = =r lt ]e 19w purchasingd divisionm ofa then generalo services department priorpursuant to arules ladopted rby ithe 20corrections adoption;d m :

b e d s º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 20 - e a tn J.e d r e l u [ A d industries commission, which shall be reviewed by the purchasing division of the general services department prior to adoption;

purchasesJ. not exceeding ten thousand dollars m m 21 e d r e 22 ($10,000) consisting of magazine subscriptions, web-based or c e r c 23 electronic subscriptions, conference registration fees and e a n b 24 other similar purchases where prepayments are required;

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

municipalitiesK. having adopted home rule charters .216145.1 - 20 - and having enacted their own purchasing ordinances;

municipalities having adopted home rule charters and having enacted their own purchasing ordinances;

contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections 33-3-26 h and 33-3-27 NMSA 1978;

u » r N.

contracts for maintenance of grounds and t h g e l i facilities at highway rest stops and other employment h r i s opportunities, excluding those intended for the direct care and h , e h support of persons with handicaps, entered into by state t u g e b l e e , gh agencies with private, nonprofit, independent contractors who n d d i = = o h provide services to persons with handicaps;

l ] b ,d i a º r O.

contracts and expenditures for services or items e r = t e 17w d m a n o of tangible personal property to be paid or compensated by e e n d 18m money: or other property transferred to New Mexico law = = l ] 19 enforcement agencies by the United States department of justice a l r i 20 drug enforcement administration;

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 21 - e a tn P.e d r e l u [ A d money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;

contractsP. for retirement and other benefits m m 21 e d r e 22 pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

ccontracts efor rretirement cand 23other Q.benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

Q.

e a n b 24 R.

contracts and expenditures for legal u [ subscription and research services and litigation expenses in .216145.1 - 21 - connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;

contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county h improvement districts pursuant to Subsection L of Section u » r 4-55A-12.1 NMSA 1978;

t h g e l i T.

works of art for museums or for display in h r i s public buildings or places;

h , e h U.

contracts entered into by a local public body t u g e b l e e , gh with a person, firm, organization, corporation or association n d d i = = o h or a state educational institution named in Article 12, Section l ] b ,d i a º r 11 of the constitution of New Mexico for the operation and e er 17= maintenancet of a hospital pursuant to Chapter 3, Article 44 e ew n d 18m NMSA 1978, lease or operation of a countyn hospitalo pursuant to = = l ] 19 the Hospital Funding Act or operation and maintenance of a a l r i 20 hospital pursuant to theChapter Special3, HospitalArticle District44 Act;d m :

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 22 - e a tn V.e d r e l u [ A d 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;

purchasesV. of advertising in all media, including m m 21 e d r e 22 radio, television, print and electronic;

cpurchases eof radvertising cin 23all W.media, including radio, television, print and electronic;

purchasesW. of promotional goods intended for e a n b 24 resale by the tourism department;

upurchases [of X.promotional goods intended for resale by the tourism department;

procurementX. of printing, publishing and .216145.1 - 22 - distribution services for materials produced and intended for resale by the cultural affairs department;

procurement of printing, publishing and distribution services for materials produced and intended for resale by the cultural affairs department;

procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of h improvement strategy programs pursuant to the federal u » r Individuals with Disabilities Education Act;

provided that the t h g e l i exemption applies only to procurement of services not to exceed h r i s two hundred thousand dollars ($200,000);

h , e h Z.

procurement of services from community t u g e b l e e , gh rehabilitation programs or qualified individuals pursuant to n d d i = = o h the State Use Act;

l ] b ,d i a º r AA.

purchases of products or services for eligible e r = t e 17w d m a n o persons with disabilities pursuant to the federal e e n d 18m Rehabilitation: Act of 1973;

=b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e - 23 - e a n e d r e l ]u 19[ BB.A d Rehabilitation Act of 1973;

procurement,BB. by either the department of health a l r i 20 or Grant county or both, of tangible personal property, t e a t services or construction that are exempt from the Procurement m m 21 e d r e 22 Code pursuant to Section 9-7-6.5 NMSA 1978;

cprocurement, eby reither cthe 23department CC.of health or Grant county or both, of tangible personal property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;

contractsCC. for investment advisory services, e a n b 24 investment management services or other investment-related u [ services entered into by the educational retirement board, the .216145.1 - 23 - state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;

contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;

contracts entered into by the crime victims reparation commission to distribute federal grants to assist victims of crime, including grants from the federal Victims of h Crime Act of 1984 and the federal Violence Against Women Act of u » r 1994;

t h g e l i FF.

procurement by or through the early childhood h r i s education and care department of early pre-kindergarten and h , e h pre-kindergarten services purchased pursuant to the Pre- t u g e b l e e , gh Kindergarten Act;

n d d i = = o h GG.

procurement of services of commissioned l ] b ,d i a º r advertising sales representatives for New Mexico magazine;

e er 17= [and]t e ew d m a n o [and ] d 18m HH.:

agreementsb andr contractse enteredt intoº pursuanto =t n = l.216145.1AIC ]February 1912, to2020 the(2:00pm) Public-Privates Partnershipk Act;m e - 24 - e a n e d r e l u [ A d HH.

agreements and acontracts lentered rinto ipursuant 20to [HH.]the II.Public-Private Partnership Act;

procurementsand exempt[HH.] fromII. the Procurement t e a t Code as otherwise provided by law." m m 21 e d r e 22 SECTION 15.

EFFECTIVEprocurements DATE.--Theexempt effectivefrom date of the cProcurement eCode ras cotherwise 23provided provisionsby oflaw." thisSECTION act15. is July 1, 2020.

eEFFECTIVE aDATE.--The neffective bdate 24of -the 24provisions -of uthis [act .216145.1is July 1, 2020.

- 25 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .216145.1AIC February 12, 2020 (2:00pm) s k m e e a n e d r e l u [ A d