N.M. Stat. » Chapter 13 — Public Purchases and Property
New Mexico Statutes

N.M. Stat. § 13-1-67 (2026)

Definition; local public body

✓ laws through the 2025 session (retrieved May 2026)
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"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.

ANNOTATIONS

The 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.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1988–2023 · leading case: Mem'l Med. Ctr., Inc. v. Tatsch Constr., Inc., 12 P.3d 431 (N.M. 2000).
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Mem'l Med. Ctr., Inc. v. Tatsch Constr., Inc., 12 P.3d 431 (N.M. 2000). · cites it 2× “) The PC applies to procurement actions by local public bodies, which are defined in Section 13-1-67 as including “every political subdivision of the state and the agencies, instrumentalities and institutions thereof.”
Morningstar Water Users Ass'n v. Farmington Mun. Sch. Dist. No. 5, 901 P.2d 725 (N.M. 1995). · cites it 4× “” Section 13-1-67. Reading the provisions and exemptions together, the Procurement Code applies only when a private entity is selling goods or services to a public entity.”
State ex rel. Educ. Assessments Sys., Inc. v. Coop. Educ. Servs. of New Mexico, Inc., 848 P.2d 1123 (N.M. Ct. App. 1993). · cites it 4× “” Section 13-1-67. Both EASI and CES agree that the parties to the joint powers agreement are local public bodies.”
Fratello v. Socorro Elec. Coop., Inc., 758 P.2d 792 (N.M. 1988). · cites it 2× “” Section 13-1-30 provides that the Procurement Code “shall apply to every expenditure by state agencies and local public bodies for the procurement of items of tangible personal property, services and construction.”
State ex rel. Eas v. Coop. Educ., 848 P.2d 1123 (N.M. Ct. App. 1993). · cites it 4× “" Section 13-1-67. Both EASI and CES agree that the parties to the joint powers agreement are local public bodies.”
Hamilton Roofing Co. of Carlsbad v. Carlsbad Mun. Schs. Bd. of Educ., 1997-NMCA-053, 941 P.2d 515. · cites it 2× “” Section 13-1-67. The Board’s “central purchasing office” is the “office or officer .”
Murphy v. Lash (N.M. Ct. App. 2023). “Instead, the standard is presented as 15 a generally applicable statement of New Mexico law on the issue of private entities 16 acting like governmental entities, and that standard is in line with our Supreme 17 Court’s understanding of governmental entities in Cole,…”
Murphy v. Lash, No. A-1-CA-39628 (N.M. Ct. App. Oct. 26, 2023). “Instead, the standard is presented as a generally applicable statement of New Mexico law on the issue of private entities acting like governmental entities, and that standard is in line with our Supreme Court’s understanding of governmental entities in Cole, 1983-NMSC-007 , ¶ 19.”
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