2020 New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement
Section 13-1-67 - Definition; local public body.
"Local public body" means every political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities, except as exempted pursuant to the Procurement Code.
History: Laws 1984, ch. 65, § 40; 1999, ch. 258, § 1; 2003, ch. 267, § 1.
ANNOTATIONSThe 2003 amendment, effective June 20, 2003 added "school districts and local school boards and municipalities, except as exempted pursuant to the Procurement Code" at the end of the section.
The 1999 amendment, effective June 18, 1999, added "including two-year post-secondary educational institutions" at the end of the section.
Municipality and school district within definition. — A municipality and a school district fall within the definition of "local public body" in this section, and, thus, a transaction involving the purchase of water services by the school district from the water utility of the municipality is within the exemptions contained in Subsections A and D of Section 13-1-98 NMSA 1978 because the municipality is a local public body selling water services to another local public body and the school district is purchasing "publicly provided" water. Morningstar Water Users Ass'n v. Farmington Mun. Sch. Dist. No. 5, 1995-NMSC-052, 120 N.M. 307, 901 P.2d 725.
County-municipal hospital is "local public body" and, therefore, purchases made by such a hospital must be made in compliance with any provisions governing public procurement. 1969 Op. Att'y Gen. No. 69-78.
County commission is "local public body". 1969 Op. Att'y Gen. No. 69-135.
An intercommunity water supply association qualifies as a local public body for purposes of the Procurement Code given the availability of municipal funds to pay the association's expenses and the extent of the control over the management of the association by the member villages. 1991 Op. Att'y Gen. No. 91-07.
