45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO EDUCATION; PROHIBITING REGIONAL EDUCATION COOPERATIVES FROM UNDERTAKING CONSTRUCTION PROJECTS; REQUIRING A REGIONAL EDUCATION COOPERATIVE TO USE THE STATE PURCHASING AGENT FOR PROCUREMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 13-1-99 NMSA 1978 (being Laws 1984, Chapter 65, Section 72, as amended) is amended to read:

"13-1-99. EXCLUDED FROM CENTRAL PURCHASING THROUGH THE STATE PURCHASING AGENT.--Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following:

A. procurement of professional services;

B. small purchases having a value not exceeding one thousand five hundred dollars ($1,500);

C. emergency procurement;

D. procurement of highway construction or reconstruction by the state highway and transportation department;

E. procurement by the judicial branch of state government;

F. procurement by the legislative branch of state government;

G. procurement by the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico;

H. procurement by the state fair commission of tangible personal property, services and construction under five thousand dollars ($5,000);

I. purchases from the instructional material fund;

J. procurement by all local public bodies;

[K. procurement by regional education cooperatives;

L.] K. procurement by charter schools; and

[M.] L. procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program."

Section 2. Section 22-2B-5 NMSA 1978 (being Laws 1993, Chapter 232, Section 5) is amended to read:

"22-2B-5. REGIONAL EDUCATION COORDINATING COUNCILS--DUTIES.--

A. Each council shall oversee the function and operation of a cooperative. At the direction of the council, the cooperative shall provide:

(1) education-related services to all entities participating in the cooperative;

(2) technical assistance and staff development opportunities to all entities participating in the cooperative;

(3) cooperative purchasing capabilities and fiscal management opportunities to all entities participating in the cooperative; [or] and

(4) such additional services to participating entities as may be determined by the council to be appropriate.

B. Pursuant to regulation of the state board, each council shall:

(1) adopt a budget and administrative guidelines as necessary to carry out the purposes of the cooperative; and

(2) hire an executive director and necessary additional staff.

C. Notwithstanding the provisions of Paragraph (4) of Subsection A of this section, a council is prohibited from engaging in or contracting for construction projects."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.