New Mexico Statutes
Article 1C - State Use Act
Section 13-1C-4 - Council for purchasing from persons with disabilities; appointment; organization.

A. The "New Mexico council for purchasing from persons with disabilities" is created. The council shall be composed of the following nine members:
(1) the state purchasing agent or the agent's designee;
(2) two persons, appointed by the governor, who represent state agencies that purchase significant amounts of goods and services from the private sector, or their designees;
(3) a person, appointed by the governor, who is a state-employed vocational rehabilitation counselor and who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goods and services; and
(4) two persons with disabilities, a person who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goods and services and two persons who represent community rehabilitation programs that provide employment services to persons with disabilities, all selected by mutual agreement of the persons appointed in Paragraphs (1), (2) and (3) of this subsection.
B. Council members shall be appointed for three-year terms. Vacancies shall be filled in the same manner as for original appointments. A member appointed to fill a vacancy shall serve for the remainder of the term for that vacancy. Council members shall continue to serve beyond the expiration of their terms until new members are appointed.
C. The council shall elect a chair from among its members. Seven members of the council shall constitute a quorum in order to conduct the council's business.
D. Except for the regular pay of public employee members, council members shall serve without compensation or cost reimbursement.
History: Laws 2005, ch. 334, § 4.
Effective dates. — Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act or the Procurement Code. — Neither the Governmental Conduct Act nor the Procurement Code prohibits members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and because procurements under the State Use Act are exempt from the requirements of the Procurement Code, the Procurement Code's conflict-of-interest section is unavailing. 2020 Op. Ethics Comm'n No. 2020-07.

Structure New Mexico Statutes