A. Except as otherwise provided in the New Mexico Research Applications Act, the research applications center shall not be deemed to be the state, or one of its agencies, instrumentalities, institutions or political subdivisions for the purpose of applying any other laws, including those relating to personnel, meetings of the board, gross receipts taxes, disposition or acquisition of property, capital outlays, per diem and mileage and inspection of records.
B. The research applications center shall be deemed:
(1) an agency of the state when applying laws relating to the furnishing of goods and services by the research applications center to the state or any other agency, political subdivision or institution of the state;
(2) a local public body for purposes of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], except that the board may exempt a specific procurement from the application of the Procurement Code if it makes a finding that compliance with the Procurement Code would impede the purposes of the New Mexico Research Applications Act; and
(3) a governmental entity for purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]; provided that the research applications center may enter into agreements with insurance carriers to insure against risk in connection with its operations even though the risk may be included among the risks covered by the Tort Claims Act.
History: Laws 2009, ch. 66, § 6.
ANNOTATIONSEmergency clauses. — Laws 2009, ch. 66, § 16 contained an emergency clause and was approved April 2, 2009.