0001| HOUSE BILL 423 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| EDWARD C. SANDOVAL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC HEALTH; CREATING STATE AND LOCAL HEALTH | 0012| FACILITIES AUTHORITIES AND BOARDS; PROVIDING FOR THEIR POWERS | 0013| AND DUTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0017| through 10 of this act may be cited as the "Public Health | 0018| Facilities Authority Act". | 0019| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the | 0020| Public Health Facilities Authority Act is to create a | 0021| statutory mechanism by which public health facilities may be | 0022| operated in a competitive, less governmentally restricted | 0023| environment, while maintaining a publicly responsive health | 0024| care infrastructure that provides quality health care services | 0025| to the citizens of New Mexico, including continued support for | - 1 - 0001| the indigent population of the state. | 0002| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0003| Public Health Facilities Authority Act: | 0004| A. "health facility" means a facility or entity | 0005| licensed by the department of health as a health facility; | 0006| B. "local authority" means a local public health | 0007| facilities authority created pursuant to the Public Health | 0008| Facilities Authority Act; | 0009| C. "local board" means a local health facilities | 0010| board created pursuant to the Public Health Facilities | 0011| Authority Act; | 0012| D. "public health facility" means a health | 0013| facility owned or operated by a state agency or institution or | 0014| an agency or institution of a political subdivision of the | 0015| state; and | 0016| E. "state authority" means the public health | 0017| facilities authority created pursuant to the Public Health | 0018| Facilities Authority Act. | 0019| Section 4. [NEW MATERIAL] CREATION OF THE PUBLIC | 0020| HEALTH FACILITIES AUTHORITY.-- | 0021| A. There is created as a public body politic and | 0022| corporate, separate and apart from the state, constituting a | 0023| governmental instrumentality to be known as the "public health | 0024| facilities authority". The state authority is created to | 0025| implement the provisions of the Public Health Facilities | - 2 - 0001| Authority Act consistent with the public purposes stated in | 0002| Section 2 of that act. | 0003| B. The state authority shall be governed by a | 0004| board of directors composed of seven members who are residents | 0005| of New Mexico appointed by the governor, with the advice and | 0006| consent of the senate. The members shall be appointed in a | 0007| manner to provide geographic diversity, representation of both | 0008| public and private interests in the state and persons with | 0009| knowledge of health care policy with both provider and | 0010| consumer interests represented. | 0011| C. Board members shall be appointed for five-year | 0012| terms. To provide for staggered terms, four of the initially | 0013| appointed members shall be appointed for terms of five years | 0014| and three of the initially appointed members shall be | 0015| appointed for terms of three years. Thereafter, all members | 0016| shall be appointed for five-year terms. A vacancy on the | 0017| board shall be filled by appointment by the governor for the | 0018| remainder of the unexpired term. A member shall serve until | 0019| his replacement is confirmed by the senate. Board members are | 0020| eligible for reappointment. | 0021| Section 5. [NEW MATERIAL] POWERS AND DUTIES OF THE | 0022| STATE AUTHORITY.--The state authority shall: | 0023| A. designate areas within the state that | 0024| constitute local areas for the purpose of creating local | 0025| boards; | - 3 - 0001| B. create local boards upon receipt of a petition | 0002| meeting the following conditions: | 0003| (1) petitioners shall be one or more current | 0004| operators or owners of a health facility or health facilities | 0005| to be included within the board's designated local area; | 0006| (2) petitioners shall submit an operational, | 0007| business and financial plan on behalf of the health facility | 0008| or health facilities proposed to be included in a designated | 0009| local area and shall also submit proposed bylaws of the local | 0010| board requested to be created; | 0011| (3) petitioners shall present a list of | 0012| proposed local board members; and | 0013| (4) petitioners shall prepare and present a | 0014| plan, which states the commitment and ability of the public | 0015| health facility or health facilities within the designated | 0016| local area to deliver indigent care; | 0017| C. approve, after legal review and approval by the | 0018| attorney general the sale, transfer or lease to the local | 0019| board of public health facilities from local governments or | 0020| health facilities from private entities, including transfer by | 0021| exchange; | 0022| D. establish criteria to require public health | 0023| facilities to continue to deliver indigent care and remain | 0024| eligible for medicaid, medicare, state and local health care | 0025| and indigent care funds; | - 4 - 0001| E. approve the inclusion of a public health | 0002| facility owned or operated by a state agency or institution to | 0003| operate as part of any local authority or as part of the state | 0004| authority; | 0005| F. establish and review policies to promote access | 0006| and delivery of quality health care throughout the state to | 0007| ensure that the creation and operation of local authorities | 0008| facilitates competition and results in enhanced coordination, | 0009| accessibility, affordability and efficiency in the delivery of | 0010| the health care; | 0011| G. prepare annual reports to the governor and | 0012| legislature about the status and operation of the state | 0013| authority and local authorities; and | 0014| H. exercise the powers granted to local | 0015| authorities in the event that state-owned public health | 0016| facilities are operated under the auspices of the state | 0017| authority. | 0018| Section 6. [NEW MATERIAL] LOCAL BOARDS--CREATION-- | 0019| COMPOSITION.-- | 0020| A. Local boards shall be created pursuant to | 0021| petition to and approval by the state authority within areas | 0022| designated by the state authority for the purpose of owning | 0023| and operating or leasing public health facilities. | 0024| B. The membership of a local board shall be | 0025| representative of the residents of the designated local area | - 5 - 0001| and shall include local government officials, representatives | 0002| of existing health facility governing boards, health | 0003| professionals, members of the public, consumer advocates and | 0004| other interested persons. The original members of the local | 0005| board, their terms and provisions for replacement of local | 0006| board members shall be proposed in the petition presented for | 0007| approval by the state authority. | 0008| Section 7. [NEW MATERIAL] LOCAL BOARDS--POWERS AND | 0009| DUTIES.--Local boards generally have all powers necessary and | 0010| convenient to carry out and effectuate the provisions of the | 0011| Public Health Facilities Authority Act pertaining to local | 0012| boards and have the power to: | 0013| A. sue and be sued; | 0014| B. purchase, lease, take, receive or otherwise | 0015| acquire, own, hold, use and otherwise deal in and with real or | 0016| personal property; | 0017| C. sell, convey, lease, pledge, exchange, transfer | 0018| and otherwise dispose of its assets for the consideration, | 0019| terms and conditions determined by the local board and in | 0020| accordance with applicable laws; | 0021| D. make contracts, incur liabilities and borrow | 0022| money at such rates of interest as may be determined by the | 0023| local board, but the local board has no authority to create a | 0024| debt that would be prohibited by law or the constitution of | 0025| New Mexico if created by the state or a political subdivision | - 6 - 0001| of the state; | 0002| E. execute contracts and other instruments | 0003| necessary or convenient in the exercise of the powers and | 0004| functions of the local board; | 0005| F. receive and administer grants and private | 0006| gifts; | 0007| G. receive funds from federal, state and local | 0008| government sources; | 0009| H. invest and reinvest its funds; | 0010| I. conduct its activities, carry out its | 0011| operations and maintain offices and facilities necessary and | 0012| appropriate to exercise its powers pursuant to the Public | 0013| Health Facilities Authority Act; | 0014| J. make and amend bylaws for the administration | 0015| and regulation of its affairs, including in those bylaws | 0016| within its discretion provisions indemnifying any person who | 0017| is a local board member, officer, employee or agent of the | 0018| local board or a public health facility under its control for | 0019| liability incurred or claimed for actions taken or not taken | 0020| within the scope of the person's duties or employment; | 0021| K. employ officers and employees, set their | 0022| compensation and describe their duties; | 0023| L. enter into agreements with insurance carriers | 0024| to insure against any loss in connection with its operations; | 0025| M. authorize retirement programs and other | - 7 - 0001| benefits for its salaried officers and employees and salaried | 0002| officers and employees of a public health facility under its | 0003| control; and | 0004| N. employ fiscal consultants, attorneys and other | 0005| consultants and pay compensation to the persons employed. | 0006| Section 8. [NEW MATERIAL] EXEMPTIONS FROM CERTAIN | 0007| LAWS.--The provisions of the following laws shall not apply or | 0008| shall apply in only a limited manner to the state authority | 0009| and its board, the local authority and the local board and | 0010| public health facilities under their respective control or | 0011| ownership: | 0012| A. the Personnel Act; | 0013| B. the Procurement Code and Section 13-6-2.1 NMSA | 0014| 1978; | 0015| C. those provisions of Section 10-15-2 NMSA 1978 | 0016| specifically exempting certain activities of state and local | 0017| boards from the provisions of the Open Meetings Act; | 0018| D. those provisions of Section 14-2-9 NMSA 1978 | 0019| specifically exempting certain records from the provisions of | 0020| the Inspection of Public Records Act; and | 0021| E. the Per Diem and Mileage Act. | 0022| Section 9. [NEW MATERIAL] ISSUANCE OF REVENUE BONDS.-- | 0023| The state authority and a local authority may issue negotiable | 0024| revenue bonds or notes or both. | 0025| Section 10. [NEW MATERIAL] DISSOLUTION.--On | - 8 - 0001| termination or dissolution of the state authority or a local | 0002| authority, all rights and properties of the state authority or | 0003| the local authority shall be transferred by action of the | 0004| respective authority or, in the absence of that action, | 0005| automatically by operation of law, to the state or the local | 0006| governmental entity from which they were acquired, subject to | 0007| the rights of any bondholders, lienholders or creditors of the | 0008| respective authority. | 0009| Section 11. Section 10-8-3 NMSA 1978 (being Laws 1971, | 0010| Chapter 116, Section 2, as amended) is amended to read: | 0011| "10-8-3. DEFINITIONS.--As used in the Per Diem and | 0012| Mileage Act: | 0013| A. "secretary" means the secretary of finance and | 0014| administration; | 0015| B. "employee" means any person who is in the | 0016| employ of any state agency, local public body or public post- | 0017| secondary educational institution and whose salary is paid | 0018| either completely or in part from public money, but does not | 0019| include jurors or jury commissioners; | 0020| C. "governing board" means the board of regents of | 0021| any institution designated in Article 12, Section 11 of the | 0022| constitution of New Mexico or designated in Chapter 21, | 0023| Article 14 NMSA 1978, or the board of any institution | 0024| designated in Chapter 21, Articles 13, 16 and 17 NMSA 1978; | 0025| D. "local public body" means all political | - 9 - 0001| subdivisions of the state and their agencies, | 0002| instrumentalities and institutions, except public post- | 0003| secondary educational institutions and the local authorities | 0004| and local boards created pursuant to the Public Health | 0005| Facilities Authority Act; | 0006| E. "state agency" means the state or any of its | 0007| branches, agencies, departments, boards, instrumentalities or | 0008| institutions, except public post-secondary educational | 0009| institutions and the public health facilities authority and | 0010| its board created pursuant to the Public Health Facilities | 0011| Authority Act; | 0012| F. "public post-secondary educational institution" | 0013| means any institution designated in Article 12, Section 11 of | 0014| the constitution of New Mexico and any institution designated | 0015| in Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978; and | 0016| G. "public officer" or "public official" means | 0017| every elected or appointed officer of the state, local public | 0018| body or any public post-secondary educational institution. | 0019| "Public officer" includes members of advisory boards appointed | 0020| by any state agency, local public body or public post- | 0021| secondary educational institution." | 0022| Section 12. Section 10-9-4 NMSA 1978 (being Laws 1961, | 0023| Chapter 240, Section 4, as amended) is amended to read: | 0024| "10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the | 0025| service cover all state positions except: | - 10 - 0001| A. officials elected by popular vote or appointed | 0002| to fill vacancies to elective offices; | 0003| B. members of boards and commissions and heads of | 0004| agencies appointed by the governor; | 0005| C. heads of agencies appointed by boards or | 0006| commissions; | 0007| D. directors of department divisions; | 0008| E. those in educational institutions and in public | 0009| schools; | 0010| F. those employed by state institutions and by | 0011| state agencies providing educational programs and who are | 0012| required to hold valid certificates as certified school | 0013| instructors as defined in Section 22-1-2 NMSA 1978 issued by | 0014| the state board of education; | 0015| G. those in the governor's office; | 0016| H. those in the state militia or the commissioned | 0017| officers of the New Mexico state police division of the | 0018| department of public safety; | 0019| I. those in the governmental instrumentality | 0020| known as the public health facilities authority created | 0021| pursuant to the Public Health Facilities Authority Act; | 0022| ~~[I.]~~ J. those in the judicial branch of | 0023| government; | 0024| ~~[J.]~~ K. those in the legislative branch of | 0025| government; | - 11 - 0001| ~~[K.]~~ L. not more than two assistants and one | 0002| secretary in the office of each official listed in Subsections | 0003| A, B and C of this section, excluding members of boards and | 0004| commissions in Subsection B of this section; | 0005| ~~[L.]~~ M. those of a professional or scientific | 0006| nature which are temporary in nature; | 0007| ~~[M.]~~ N. those filled by patients or inmates in | 0008| charitable, penal or correctional institutions; | 0009| ~~[N.]~~ O. state employees if the personnel board | 0010| in its discretion decides that the position is one of | 0011| policymaking; and | 0012| ~~[O.]~~ P. disadvantaged youth under twenty-two | 0013| years of age regularly enrolled or to be enrolled in a | 0014| secondary educational institution approved by the state board | 0015| of education or in an accredited state institution of advanced | 0016| learning or vocational training and who are to be employed for | 0017| not more than seven hundred twenty hours during any calendar | 0018| year: | 0019| (1) the term "disadvantaged youth" shall be | 0020| defined for purposes of this exemption by regulation duly | 0021| promulgated by the board; and | 0022| (2) the board shall: | 0023| (a) require that all the criteria of | 0024| this subsection have been met; | 0025| (b) establish employment lists for the | - 12 - 0001| certification of the highest-standing candidates to the | 0002| prospective employers; and | 0003| (c) establish the pay rates for such | 0004| employees." | 0005| Section 13. Section 10-15-1 NMSA 1978 (being Laws 1974, | 0006| Chapter 91, Section 1, as amended) is amended to read: | 0007| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR | 0008| OPEN MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.-- | 0009| A. In recognition of the fact that a representative | 0010| government is dependent upon an informed electorate, it is | 0011| declared to be public policy of this state that all persons are | 0012| entitled to the greatest possible information regarding the | 0013| affairs of government and the official acts of those officers | 0014| and employees who represent them. The formation of public | 0015| policy or the conduct of business by vote shall not be | 0016| conducted in closed meeting. All meetings of any public body | 0017| except the legislature and the courts shall be public meetings, | 0018| and all persons so desiring shall be permitted to attend and | 0019| listen to the deliberations and proceedings. Reasonable | 0020| efforts shall be made to accommodate the use of audio and video | 0021| recording devices. | 0022| B. All meetings of a quorum of members of any | 0023| board, commission, administrative adjudicatory body or other | 0024| policymaking body of any state agency, any agency or authority | 0025| of any county, municipality, district or any political | - 13 - 0001| subdivision, held for the purpose of formulating public policy, | 0002| including the development of personnel policy, rules, | 0003| regulations or ordinances, discussing public business or for | 0004| the purpose of taking any action within the authority of or the | 0005| delegated authority of any board, commission or other | 0006| policymaking body are declared to be public meetings open to | 0007| the public at all times, except as otherwise provided in the | 0008| constitution of New Mexico or the Open Meetings Act. No public | 0009| meeting once convened that is otherwise required to be open | 0010| pursuant to the Open Meetings Act shall be closed or dissolved | 0011| into small groups or committees for the purpose of permitting | 0012| the closing of the meeting. | 0013| C. If otherwise allowed by law or rule of the | 0014| public body, a member of a public body may participate in a | 0015| meeting of the public body by means of a conference telephone | 0016| or other similar communications equipment when it is otherwise | 0017| difficult or impossible for the member to attend the meeting in | 0018| person, provided that each member participating by conference | 0019| telephone can be identified when speaking, all participants are | 0020| able to hear each other at the same time and members of the | 0021| public attending the meeting are able to hear any member of the | 0022| public body who speaks during the meeting. | 0023| D. Any meetings at which the discussion or adoption | 0024| of any proposed resolution, rule, regulation or formal action | 0025| occurs and at which a majority or quorum of the body is in | - 14 - 0001| attendance, and any closed meetings, shall be held only after | 0002| reasonable notice to the public. The affected body shall | 0003| determine at least annually in a public meeting what notice for | 0004| a public meeting is reasonable when applied to that body. That | 0005| notice shall include broadcast stations licensed by the federal | 0006| communications commission and newspapers of general circulation | 0007| that have provided a written request for such notice. | 0008| E. A public body may recess and reconvene a meeting | 0009| to a day subsequent to that stated in the meeting notice if, | 0010| prior to recessing, the public body specifies the date, time | 0011| and place for continuation of the meeting and, immediately | 0012| following the recessed meeting, posts notice of the date, time | 0013| and place for the reconvened meeting on or near the door of the | 0014| place where the original meeting was held and in at least one | 0015| other location appropriate to provide public notice of the | 0016| continuation of the meeting. Only matters appearing on the | 0017| agenda of the original meeting may be discussed at the | 0018| reconvened meeting. | 0019| F. Meeting notices shall include an agenda | 0020| containing a list of specific items of business to be discussed | 0021| or transacted at the meeting or information on how the public | 0022| may obtain a copy of such an agenda. Except in the case of an | 0023| emergency, the agenda shall be available to the public at least | 0024| twenty-four hours prior to the meeting. Except for emergency | 0025| matters, a public body shall take action only on items | - 15 - 0001| appearing on the agenda. For purposes of this subsection, an | 0002| "emergency" refers to unforeseen circumstances that, if not | 0003| addressed immediately by the public body, will likely result in | 0004| injury or damage to persons or property or substantial | 0005| financial loss to the public body. | 0006| G. The board, commission or other policymaking body | 0007| shall keep written minutes of all its meetings. The minutes | 0008| shall include at a minimum the date, time and place of the | 0009| meeting, the names of members in attendance and those absent, | 0010| the substance of the proposals considered and a record of any | 0011| decisions and votes taken that show how each member voted. All | 0012| minutes are open to public inspection. Draft minutes shall be | 0013| prepared within ten working days after the meeting and shall be | 0014| approved, amended or disapproved at the next meeting where a | 0015| quorum is present. Minutes shall not become official until | 0016| approved by the policymaking body. | 0017| H. The provisions of Subsections A, B and G of this | 0018| section do not apply to: | 0019| (1) meetings pertaining to issuance, | 0020| suspension, renewal or revocation of a license, except that a | 0021| hearing at which evidence is offered or rebutted shall be open. | 0022| All final actions on the issuance, suspension, renewal or | 0023| revocation of a license shall be taken at an open meeting; | 0024| (2) limited personnel matters; provided that | 0025| for purposes of the Open Meetings Act, "limited personnel | - 16 - 0001| matters" means the discussion of hiring, promotion, demotion, | 0002| dismissal, assignment or resignation of or the investigation or | 0003| consideration of complaints or charges against any individual | 0004| public employee; provided further that this subsection is not | 0005| to be construed as to exempt final actions on personnel from | 0006| being taken at open public meetings, nor does it preclude an | 0007| aggrieved public employee from demanding a public hearing. | 0008| Judicial candidates interviewed by any commission shall have | 0009| the right to demand an open interview; | 0010| (3) deliberations by a public body in | 0011| connection with an administrative adjudicatory proceeding. For | 0012| purposes of this paragraph, an "administrative adjudicatory | 0013| proceeding" means a proceeding brought by or against a person | 0014| before a public body in which individual legal rights, duties | 0015| or privileges are required by law to be determined by the | 0016| public body after an opportunity for a trial-type hearing. | 0017| Except as otherwise provided in this section, the actual | 0018| administrative adjudicatory proceeding at which evidence is | 0019| offered or rebutted and any final action taken as a result of | 0020| the proceeding shall occur in an open meeting; | 0021| (4) the discussion of personally identifiable | 0022| information about any individual student, unless the student, | 0023| his parent or guardian requests otherwise; | 0024| (5) meetings for the discussion of bargaining | 0025| strategy preliminary to collective bargaining negotiations | - 17 - 0001| between the policymaking body and a bargaining unit | 0002| representing the employees of that policymaking body and | 0003| collective bargaining sessions at which the policymaking body | 0004| and the representatives of the collective bargaining unit are | 0005| present; | 0006| (6) that portion of meetings at which a | 0007| decision concerning purchases in an amount exceeding two | 0008| thousand five hundred dollars ($2,500) that can be made only | 0009| from one source and that portion of meetings at which the | 0010| contents of competitive sealed proposals solicited pursuant to | 0011| the Procurement Code are discussed during the contract | 0012| negotiation process. The actual approval of purchase of the | 0013| item or final action regarding the selection of a contractor | 0014| shall be made in an open meeting; | 0015| (7) meetings subject to the attorney-client | 0016| privilege pertaining to threatened or pending litigation in | 0017| which the public body is or may become a participant; | 0018| (8) meetings for the discussion of the | 0019| purchase, acquisition or disposal of real property or water | 0020| rights by the public body; | 0021| (9) those portions of meetings of committees | 0022| or boards of public hospitals that receive less than fifty | 0023| percent of their operating budget from direct public funds and | 0024| appropriations where strategic and long-range business plans | 0025| are discussed; ~~[and]~~ | - 18 - 0001| (10) that portion of a meeting of the gaming | 0002| control board dealing with information made confidential | 0003| pursuant to the provisions of the Gaming Control Act; and | 0004| (11) meetings of the board of directors of | 0005| the public health facilities authority or a local board of a | 0006| local public health facilities authority held pursuant to the | 0007| provisions of the Public Health Facilities Authority Act. | 0008| I. If any meeting is closed pursuant to the | 0009| exclusions contained in Subsection H of this section, the | 0010| closure: | 0011| (1) if made in an open meeting, shall be | 0012| approved by a majority vote of a quorum of the policymaking | 0013| body; the authority for the closure and the subject to be | 0014| discussed shall be stated with reasonable specificity in the | 0015| motion calling for the vote on a closed meeting; the vote shall | 0016| be taken in an open meeting; and the vote of each individual | 0017| member shall be recorded in the minutes. Only those subjects | 0018| announced or voted upon prior to closure by the policymaking | 0019| body may be discussed in a closed meeting; and | 0020| (2) if called for when the policymaking body | 0021| is not in an open meeting, shall not be held until public | 0022| notice, appropriate under the circumstances, stating the | 0023| specific provision of the law authorizing the closed meeting | 0024| and stating with reasonable specificity the subject to be | 0025| discussed is given to the members and to the general public. | - 19 - 0001| J. Following completion of any closed meeting, the | 0002| minutes of the open meeting that was closed or the minutes of | 0003| the next open meeting if the closed meeting was separately | 0004| scheduled shall state that the matters discussed in the closed | 0005| meeting were limited only to those specified in the motion for | 0006| closure or in the notice of the separate closed meeting. This | 0007| statement shall be approved by the public body under Subsection | 0008| G of this section as part of the minutes." | 0009| Section 14. Section 13-1-98 NMSA 1978 (being Laws 1984, | 0010| Chapter 65, Section 71, as amended) is amended to read: | 0011| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The | 0012| provisions of the Procurement Code shall not apply to: | 0013| A. procurement of items of tangible personal | 0014| property or services by a state agency or a local public body | 0015| from a state agency, a local public body or external | 0016| procurement unit except as otherwise provided in Sections | 0017| 13-1-135 through 13-1-137 NMSA 1978; | 0018| B. procurement of tangible personal property or | 0019| services for the governor's mansion and grounds; | 0020| C. printing and duplicating contracts involving | 0021| materials which are required to be filed in connection with | 0022| proceedings before administrative agencies or state or federal | 0023| courts; | 0024| D. purchases of publicly provided or publicly | 0025| regulated gas, electricity, water, sewer and refuse collection | - 20 - 0001| services; | 0002| E. purchases of books and periodicals from the | 0003| publishers or copyright holders thereof; | 0004| F. travel or shipping by common carrier or by | 0005| private conveyance or to meals and lodging; | 0006| G. purchase of livestock at auction rings or to the | 0007| procurement of animals to be used for research and | 0008| experimentation or exhibit; | 0009| H. contracts with businesses for public school | 0010| transportation services; | 0011| I. procurement of tangible personal property or | 0012| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, | 0013| by the corrections industries division of the corrections | 0014| department pursuant to regulations adopted by the corrections | 0015| ~~[industries]~~ commission, which shall be reviewed by the | 0016| purchasing division of the general services department prior to | 0017| adoption; | 0018| J. minor purchases consisting of magazine | 0019| subscriptions, conference registration fees and other similar | 0020| purchases where prepayments are required; | 0021| K. municipalities having adopted home rule charters | 0022| and having enacted their own purchasing ordinances; | 0023| L. the issuance, sale and delivery of public | 0024| securities pursuant to the applicable authorizing statute, with | 0025| the exception of bond attorneys and general financial | - 21 - 0001| consultants; | 0002| M. contracts entered into by a local public body | 0003| with a private independent contractor for the operation, or | 0004| provision and operation, of a jail pursuant to Sections 33-3-26 | 0005| and 33-3-27 NMSA 1978; | 0006| N. contracts for maintenance of grounds and | 0007| facilities at highway rest stops and other employment | 0008| opportunities, excluding those intended for the direct care and | 0009| support of persons with handicaps, entered into by state | 0010| agencies with private, nonprofit, independent contractors who | 0011| provide services to persons with handicaps; | 0012| O. contracts and expenditures for services to be | 0013| paid or compensated by money or other property transferred to | 0014| New Mexico law enforcement agencies by the United States | 0015| department of justice drug enforcement administration; | 0016| P. contracts for retirement and other benefits | 0017| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; | 0018| ~~[and]~~ | 0019| Q. contracts with professional entertainers; and | 0020| R. procurement of tangible personal property or | 0021| services by a local public health facilities authority pursuant | 0022| to the Public Health Facilities Authority Act." | 0023| Section 15. Section 13-6-2.1 NMSA 1978 (being Laws 1989, | 0024| Chapter 380, Section 1) is amended to read: | 0025| "13-6-2.1. LEASES--BOARD OF FINANCE APPROVAL.-- | - 22 - 0001| A. Any sale, trade or lease for a period of more | 0002| than five years but less than twenty-five years in duration of | 0003| real property belonging to any state agency, local public body, | 0004| school district or state educational institution or any sale, | 0005| trade or lease of such real property for a consideration of | 0006| more than twenty-five thousand dollars ($25,000) but less than | 0007| one hundred thousand dollars ($100,000) shall not be valid | 0008| unless it is approved prior to its effective date by the state | 0009| board of finance. | 0010| B. The provisions of this section shall not be | 0011| applicable as to those institutions specifically enumerated in | 0012| Article 12, Section 11 of the constitution of New Mexico, the | 0013| state land office, ~~[or]~~ the state highway commission or the | 0014| public health facilities authority or a local public health | 0015| facilities authority created pursuant to the provisions of the | 0016| Public Health Facilities Authority Act." | 0017| Section 16. Section 14-2-6 NMSA 1978 (being Laws 1993, | 0018| Chapter 258, Section 3) is amended to read: | 0019| "14-2-6. DEFINITIONS.--As used in the Inspection of | 0020| Public Records Act: | 0021| A. "custodian" means any person responsible for the | 0022| maintenance, care or keeping of a public body's public records, | 0023| regardless of whether the records are in that person's actual | 0024| physical custody and control; | 0025| B. "inspect" means to review all public records | - 23 - 0001| that are not excluded in Section 14-2-1 NMSA 1978; | 0002| C. "person" means any individual, corporation, | 0003| partnership, firm, association or entity; | 0004| D. "public body" means the executive, legislative | 0005| and judicial branches of state and local governments and all | 0006| advisory boards, commissions, committees, agencies or entities | 0007| created by the constitution or any branch of government that | 0008| receives any public funding, including political subdivisions, | 0009| special taxing districts, school districts and institutions of | 0010| higher education but "public body" does not include the public | 0011| health facilities authority or a local public health facilities | 0012| authority created pursuant to the Public Health Facilities | 0013| Authority Act; and | 0014| E. "public records" means all documents, papers, | 0015| letters, books, maps, tapes, photographs, recordings and other | 0016| materials, regardless of physical form or characteristics, that | 0017| are used, created, received, maintained or held by or on behalf | 0018| of any public body and relate to public business, whether or | 0019| not the records are required by law to be created or | 0020| maintained." | 0021| Section 17. SEVERABILITY.--If any part or application of | 0022| the Public Health Facilities Authority Act is held invalid, the | 0023| remainder or its application to other situations or persons | 0024| shall not be affected. | 0025| Section 18. EFFECTIVE DATE.--The effective date of the | - 24 - 0001| provisions of this act is July 1, 1998. |