0001| SENATE BILL 109 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| CYNTHIA NAVA | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO GOVERNMENT PURCHASES; REDUCING THE TIME FOR PAYMENT | 0012| OF BILLS; AMENDING SECTIONS OF THE NMSA 1978. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984, | 0016| Chapter 65, Section 131, as amended) is amended to read: | 0017| "13-1-158. PAYMENTS FOR PURCHASES.-- | 0018| A. No warrant, check or other negotiable instrument | 0019| shall be issued in payment for any purchase of services, | 0020| construction or items of tangible personal property unless the | 0021| central purchasing office or the using agency certifies that | 0022| the services, construction or items of tangible personal | 0023| property have been received and meet specifications or unless | 0024| prepayment is permitted under Section 13-1-98 NMSA 1978 by | 0025| exclusion of the purchase from the Procurement Code. | 0001| B. Unless otherwise agreed upon by the parties or | 0002| unless otherwise specified in the invitation for bids, request | 0003| for proposals or other solicitation, within fifteen days from | 0004| the date the [state] central purchasing office or [state] | 0005| using agency receives written notice from the contractor that | 0006| payment is requested for services or construction completed or | 0007| items of tangible personal property delivered on site and | 0008| received by the state, the [state] central purchasing office | 0009| or [state] using agency shall issue a written certification | 0010| of complete or partial acceptance or rejection of the services, | 0011| construction or items of tangible personal property. | 0012| C. Upon certification by the [state] central | 0013| purchasing office or the [state] using agency that the | 0014| services, construction or items of tangible personal property | 0015| have been received and accepted, payment shall be tendered to | 0016| the contractor within [sixty] thirty days of the date of | 0017| certification. If payment is made by mail, the payment shall | 0018| be deemed tendered on the date it is postmarked. After the | 0019| [sixtieth] thirtieth day from the date that written | 0020| certification of acceptance is issued, late payment charges | 0021| shall be paid on the unpaid balance due on the contract to the | 0022| contractor at the rate of one and one-half percent per month. | 0023| D. Late payment charges that differ from the | 0024| provisions of Subsection C of this section may be assessed if | 0025| specifically provided for by contract or pursuant to tariffs | 0001| approved by the New Mexico public utility commission or the | 0002| state corporation commission." | 0003| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984, | 0004| Chapter 65, Section 143) is amended to read: | 0005| "13-1-170. UNIFORM CONTRACT CLAUSES.-- | 0006| A. A state agency, local public body or central | 0007| purchasing office with the power to issue regulations may | 0008| require by regulation that contracts include uniform clauses | 0009| providing for termination of contracts, adjustments in prices, | 0010| adjustments in time of performance or other contract provisions | 0011| as appropriate, including but not limited to the following | 0012| subjects: | 0013| [A.] (1) the unilateral right of a state | 0014| agency or a local public body to order in writing: | 0015| [(1)] (a) changes in the work within the | 0016| scope of the contract; and | 0017| [(2)] (b) temporary stoppage of the work | 0018| or the delay of performance; | 0019| [B.] (2) variations occurring between | 0020| estimated quantities of work in a contract and actual | 0021| quantities; | 0022| [C.] (3) liquidated damages; | 0023| [D.] (4) permissible excuses for delay or | 0024| nonperformance; | 0025| [E.] (5) termination of the contract for | 0001| default; | 0002| [F.] (6) termination of the contract in whole | 0003| or in part for the convenience of the state agency or a local | 0004| public body; | 0005| [G.] (7) assignment clauses providing for | 0006| the assignment by the contractor to the state agency or a local | 0007| public body of causes of action for violation of state or | 0008| federal antitrust statutes; | 0009| [H.] (8) identification of subcontractors by | 0010| bidders in bids; and | 0011| [I.] (9) uniform subcontract clauses in | 0012| contracts. | 0013| B. A state agency, local public body or central | 0014| purchasing office with the power to issue regulations shall | 0015| require by regulation that contracts include a clause imposing | 0016| late payment charges against the state agency, local public | 0017| body or central purchasing office in the amount and under the | 0018| conditions stated in Subsection C of Section 13-1-158 NMSA | 0019| 1978." | 0020| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992, | 0021| Chapter 64, Section 10, as amended) is amended to read: | 0022| "74-6B-13. PAYMENT PROGRAM.-- | 0023| A. Unless provided otherwise in this section, all | 0024| costs in excess of ten thousand dollars ($10,000) that are | 0025| necessary to perform a minimum site assessment in accordance | 0001| with the regulations of the board shall be paid from the | 0002| corrective action fund. In the event that an owner or operator | 0003| has performed a minimum site assessment after March 7, 1990 but | 0004| prior to March 9, 1992 and has expended more than ten thousand | 0005| dollars ($10,000), the owner or operator may apply to the | 0006| department for reimbursement of the costs of the minimum site | 0007| assessment in excess of ten thousand dollars ($10,000) and | 0008| shall be entitled to reimbursement of those costs to the extent | 0009| that money is available. | 0010| B. An owner or operator who has performed or who has | 0011| made arrangements to perform corrective action after March 7, | 0012| 1990 and in accordance with applicable environmental laws and | 0013| regulations may apply to the department for payment of the | 0014| costs of corrective action, other than a minimum site | 0015| assessment, and shall be entitled to payment of those costs | 0016| from the corrective action fund, if he has proven to the | 0017| department that he has complied with the requirements of | 0018| Section 74-6B-8 NMSA 1978 and if money is available in the | 0019| fund. | 0020| C. Payment of the cost of corrective action, | 0021| including the cost of a minimum site assessment, shall be made | 0022| by the department following application and proper | 0023| documentation of the costs and in accordance with regulations | 0024| adopted by the secretary establishing eligible and ineligible | 0025| costs. Eligible costs for payment are those reasonable and | 0001| necessary costs actually incurred after March 7, 1990 in the | 0002| performance of a site assessment and for corrective action that | 0003| are consistent with the department's fee schedule. Ineligible | 0004| costs include [attorneys'] attorney fees, repair or upgrade | 0005| of tanks, loss of revenue and costs of monitoring a contractor. | 0006| D. The department shall adopt regulations to provide | 0007| for payments from the corrective action fund, to the extent | 0008| that money is available in the fund, to persons who cannot | 0009| afford to pay all or a portion of the initial ten thousand | 0010| dollar ($10,000) cost of a minimum site assessment otherwise | 0011| required in this section. The department shall develop a | 0012| financial assistance means test, including a sliding scale of | 0013| financial relief as the department deems appropriate, that | 0014| allows some or all of the minimum site assessment costs to be | 0015| paid from the corrective action fund. This financial | 0016| assistance relief shall be available to owners or operators who | 0017| performed or made arrangements to perform corrective action | 0018| after March 7, 1990. | 0019| E. All department determinations concerning the | 0020| manner of payment, compliance and cost eligibility shall be | 0021| made in accordance with department regulations. | 0022| F. If the owner or operator is in compliance with the | 0023| requirements of Subsection B of Section 74-6B-8 NMSA 1978, | 0024| payment of costs from the corrective action fund shall occur | 0025| not later than [ninety] thirty days after the submission of | 0001| the application and proper documentation of costs by the owner | 0002| or operator, except as provided in Section 74-6B-14 NMSA 1978. | 0003| G. The department shall reserve not less than | 0004| twenty-five percent of the unexpended, unencumbered balance of | 0005| the corrective action fund on July 1 of each year for the | 0006| payment of claims made on the fund." | 0007|  | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION, 1997 | 0015| | 0016| February 17, 1997 | 0017| | 0018| Mr. President: | 0019| | 0020| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0021| referred | 0022| | 0023| SENATE BILL 109 | 0024| | 0025| has had it under consideration and reports same with | 0001| recommendation that it DO NOT PASS, but that | 0002| | 0003| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0004| SENATE BILL 109 | 0005| | 0006| DO PASS, and thence referred to the FINANCE | 0007| COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| __________________________________ | 0013| Shannon Robinson, Chairman | 0014| | 0015| Adopted_______________________ Not Adopted_______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| Date ________________________ | 0019| | 0020| The roll call vote was 5 For 0 Against | 0021| Yes: 5 | 0022| No: 0 | 0023| Excused: Adair, Boitano, Ingle, Vernon | 0024| Absent: None | 0025| | 0001| S0109PA1 | 0002| | 0003| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0004| SENATE BILL 109 | 0005| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| AN ACT | 0014| RELATING TO GOVERNMENT PAYMENTS; REDUCING THE TIME FOR PAYMENTS | 0015| FROM GOVERNMENT; AMENDING SECTIONS OF THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984, | 0019| Chapter 65, Section 131, as amended) is amended to read: | 0020| "13-1-158. PAYMENTS FOR PURCHASES.-- | 0021| A. No warrant, check or other negotiable instrument | 0022| shall be issued in payment for any purchase of services, | 0023| construction or items of tangible personal property unless the | 0024| central purchasing office or the using agency certifies that | 0025| the services, construction or items of tangible personal | 0001| property have been received and meet specifications or unless | 0002| prepayment is permitted under Section 13-1-98 NMSA 1978 by | 0003| exclusion of the purchase from the Procurement Code. | 0004| B. Unless otherwise agreed upon by the parties or | 0005| unless otherwise specified in the invitation for bids, request | 0006| for proposals or other solicitation, within fifteen days from | 0007| the date the [state] central purchasing office or [state] | 0008| using agency receives written notice from the contractor that | 0009| payment is requested for services or construction completed or | 0010| items of tangible personal property delivered on site and | 0011| received [by the state], the [state] central purchasing | 0012| office or [state] using agency shall issue a written | 0013| certification of complete or partial acceptance or rejection of | 0014| the services, construction or items of tangible personal | 0015| property. | 0016| C. Upon certification by the [state] central | 0017| purchasing office or the [state] using agency that the | 0018| services, construction or items of tangible personal property | 0019| have been received and accepted, payment shall be tendered to | 0020| the contractor within [sixty] thirty days of the date of | 0021| certification. If payment is made by mail, the payment shall | 0022| be deemed tendered on the date it is postmarked. After the | 0023| [sixtieth] thirtieth day from the date that written | 0024| certification of acceptance is issued, late payment charges | 0025| shall be paid on the unpaid balance due on the contract to the | 0001| contractor at the rate of one and one-half percent per month. | 0002| D. Late payment charges that differ from the | 0003| provisions of Subsection C of this section may be assessed if | 0004| specifically provided for by contract or pursuant to tariffs | 0005| approved by the New Mexico public utility commission or the | 0006| state corporation commission." | 0007| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984, | 0008| Chapter 65, Section 143) is amended to read: | 0009| "13-1-170. UNIFORM CONTRACT CLAUSES.-- | 0010| A. A state agency, local public body or central | 0011| purchasing office with the power to issue regulations may require | 0012| by regulation that contracts include uniform clauses providing for | 0013| termination of contracts, adjustments in prices, adjustments in | 0014| time of performance or other contract provisions as appropriate, | 0015| including but not limited to the following subjects: | 0016| [A.] (1) the unilateral right of a state agency | 0017| or a local public body to order in writing: | 0018| [(1)] (a) changes in the work within the | 0019| scope of the contract; and | 0020| [(2)] (b) temporary stoppage of the work or | 0021| the delay of performance; | 0022| [B.] (2) variations occurring between estimated | 0023| quantities of work in a contract and actual quantities; | 0024| [C.] (3) liquidated damages; | 0025| [D.] (4) permissible excuses for delay or | 0001| nonperformance; | 0002| [E.] (5) termination of the contract for | 0003| default; | 0004| [F.] (6) termination of the contract in whole or | 0005| in part for the convenience of the state agency or a local public | 0006| body; | 0007| [G.] (7) assignment clauses providing for the | 0008| assignment by the contractor to the state agency or a local public | 0009| body of causes of action for violation of state or federal | 0010| antitrust statutes; | 0011| [H.] (8) identification of subcontractors by | 0012| bidders in bids; and | 0013| [I.] (9) uniform subcontract clauses in | 0014| contracts. | 0015| B. A state agency, local public body or central | 0016| purchasing office with the power to issue regulations shall | 0017| require by regulation that contracts include a clause imposing | 0018| late payment charges against the state agency, local public body | 0019| or central purchasing office in the amount and under the | 0020| conditions stated in Section 13-1-158 NMSA 1978." | 0021| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992, | 0022| Chapter 64, Section 10, as amended) is amended to read: | 0023| "74-6B-13. PAYMENT PROGRAM.-- | 0024| A. Unless provided otherwise in this section, all costs | 0025| in excess of ten thousand dollars ($10,000) that are necessary to | 0001| perform a minimum site assessment in accordance with the | 0002| regulations of the board shall be paid from the corrective action | 0003| fund. In the event that an owner or operator has performed a | 0004| minimum site assessment after March 7, 1990 but prior to March 9, | 0005| 1992 and has expended more than ten thousand dollars ($10,000), | 0006| the owner or operator may apply to the department for | 0007| reimbursement of the costs of the minimum site assessment in | 0008| excess of ten thousand dollars ($10,000) and shall be entitled to | 0009| reimbursement of those costs to the extent that money is | 0010| available. | 0011| B. An owner or operator who has performed or who has | 0012| made arrangements to perform corrective action after March 7, 1990 | 0013| and in accordance with applicable environmental laws and | 0014| regulations may apply to the department for payment of the costs | 0015| of corrective action, other than a minimum site assessment, and | 0016| shall be entitled to payment of those costs from the corrective | 0017| action fund, if he has proven to the department that he has | 0018| complied with the requirements of Section 74-6B-8 NMSA 1978 and if | 0019| money is available in the fund. | 0020| C. Payment of the cost of corrective action, including | 0021| the cost of a minimum site assessment, shall be made by the | 0022| department following application and proper documentation of the | 0023| costs and in accordance with regulations adopted by the secretary | 0024| establishing eligible and ineligible costs. Eligible costs for | 0025| payment are those reasonable and necessary costs actually incurred | 0001| after March 7, 1990 in the performance of a site assessment and | 0002| for corrective action that are consistent with the department's | 0003| fee schedule. Ineligible costs include [attorneys'] attorney | 0004| fees, repair or upgrade of tanks, loss of revenue and costs of | 0005| monitoring a contractor. | 0006| D. The department shall adopt regulations to provide for | 0007| payments from the corrective action fund, to the extent that money | 0008| is available in the fund, to persons who cannot afford to pay all | 0009| or a portion of the initial ten thousand dollar ($10,000) cost of | 0010| a minimum site assessment otherwise required in this section. The | 0011| department shall develop a financial assistance means test, | 0012| including a sliding scale of financial relief as the department | 0013| deems appropriate, that allows some or all of the minimum site | 0014| assessment costs to be paid from the corrective action fund. This | 0015| financial assistance relief shall be available to owners or | 0016| operators who performed or made arrangements to perform corrective | 0017| action after March 7, 1990. | 0018| E. All department determinations concerning the manner | 0019| of payment, compliance and cost eligibility shall be made in | 0020| accordance with department regulations. | 0021| F. If the owner or operator is in compliance with the | 0022| requirements of Subsection B of Section 74-6B-8 NMSA 1978, payment | 0023| of costs from the corrective action fund shall occur not later | 0024| than [ninety] thirty days after the submission of the | 0025| application and proper documentation of costs by the owner or | 0001| operator, except as provided in Section 74-6B-14 NMSA 1978. | 0002| G. The department shall reserve not less than | 0003| twenty-five percent of the unexpended, unencumbered balance of the | 0004| corrective action fund on July 1 of each year for the payment of | 0005| claims made on the fund." | 0006|  | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| March 4, 1997 | 0013| | 0014| Mr. President: | 0015| | 0016| Your FINANCE COMMITTEE, to whom has been referred | 0017| | 0018| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0019| SENATE BILL 109 | 0020| | 0021| has had it under consideration and reports same with recommendation | 0022| that it DO PASS, amended as follows: | 0023| | 0024| 1. On page 2, line 22, after the period insert "For | 0025| purchases funded by state or federal grants to local public bodies, | 0001| if the local public body has not received the funds from the federal | 0002| or state funding agency, payments shall be tendered to the | 0003| contractor within five working days of receipt of funds from that | 0004| funding agency.". | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| __________________________________ | 0011| Ben D. Altamirano, Chairman | 0012| | 0013| | 0014| | 0015| Adopted_______________________ Not Adopted_______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| | 0019| Date ________________________ | 0020| | 0021| | 0022| The roll call vote was 6 For 0 Against | 0023| Yes: 6 | 0024| No: None | 0025| Excused: Carraro, Eisenstadt, Ingle, Lyons, McKibben | 0001| Absent: None | 0002| | 0003| | 0004| S0109FC1 .117980.1 | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION | 0008| | 0009| | 0010| | 0011| March 3, 1997 | 0012| | 0013| | 0014| | 0015| SENATE FLOOR AMENDMENT number _______ to SENATE PUBLIC AFFAIRS | 0016| COMMITTEE SUBSTITUTE FOR | 0017| SENATE BILL 109, as amended | 0018| | 0019| | 0020| Amendment sponsored by Senator Carroll H. Leavell | 0021| | 0022| | 0023| 1. On page 2, line 12, strike "Upon" and insert in lieu | 0024| thereof "Except as provided in Subsection D of this section, upon". | 0025| | 0001| 2. On page 2, between lines 22 and 23, insert the following | 0002| new subsection: | 0003| | 0004| "D. If the central purchasing office or the using agency | 0005| finds that the services, construction or items of tangible personal | 0006| property are not acceptable, it shall, within thirty days of the | 0007| date of receipt of written notice from the contractor that payment | 0008| is requested for services or construction completed or items of | 0009| tangible personal property delivered on site, provide to the | 0010| contractor a letter of exception explaining the defect or objection | 0011| to the services, construction or delivered tangible personal | 0012| property along with details of how the contractor may proceed to | 0013| provide remedial action.". | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| 3. Reletter succeeding subsections accordingly and adjust | 0001| cross-references to correspond to these amendments. | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| __________________________ | 0011| Carroll H. Leavell | 0012| | 0013| | 0014| | 0015| Adopted ___________________ Not Adopted _______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| | 0019| Date _________________ | 0020| State of New Mexico | 0021| House of Representatives | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 13, 1997 | 0003| | 0004| | 0005| Mr. Speaker: | 0006| | 0007| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0008| whom has been referred | 0009| | 0010| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0011| SENATE BILL 109, as amended | 0012| | 0013| has had it under consideration and reports same with | 0014| recommendation that it DO PASS. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| Lynda M. Lovejoy, Chairwoman | 0022| | 0023| | 0024| Adopted Not Adopted | 0025| (Chief Clerk) | 0001| (Chief Clerk) | 0002| | 0003| Date | 0004| | 0005| The roll call vote was 6 For 0 Against | 0006| Yes: 6 | 0007| Excused: Hobbs, Pederson | 0008| Absent: None | 0009| | 0010| | 0011| G:\BILLTEXT\BILLW_97\S0109 |