In all public works within New Mexico, whether constructed or maintained by the state or by a department, board or commission of the state or by any political subdivision of the state, or in any construction or maintenance to which the state or any political subdivision of the state has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico. In any case where, in the judgment of the different officers, boards, commissions or other authorities in this state vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, the provisions of this section shall not apply.

History: Laws 1933, ch. 19, § 1; 1941 Comp., § 6-505; 1953 Comp., § 6-6-5; Laws 1969, ch. 16, § 1; 1997, ch. 1, § 4; 1997, ch. 2, § 4; 2011 (1st S.S.), ch. 3, § 6.

The 2011 (1st. S.S.) amendment, effective October 5, 2011, eliminated the preference for New York state business enterprises; in the first sentence, after "resident of New Mexico", deleted "or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use"; and deleted former Subsection B, which defined "New York state business enterprise".

The 1997 amendment, effective January 24, 1997, designated the existing language as Subsection A, inserted "of New Mexico or provided or offered by a New York State business enterprise" following "citizens or residents", "they" following "used where", and "in this section" following "referred to"; and added Subsection B.

Provisions outside title not given effect. — The body of this section is broader than the title of the act, and as a result those provisions outside the title will not be given effect. 1934 Op. Att'y Gen. 34-719.

Operation of section. — The operation of this section should be confined to construction of public works in which it would be practicable to give preference to materials produced in New Mexico, and should be left to the discretion of board or commission having control of the work. 1934 Op. Att'y Gen. No. 34-719.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts §§ 27, 28.

Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract, 27 A.L.R.2d 917.

Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312.

Validity, construction, and application of state "Buy American" Acts, 107 A.L.R.5th 673.

72 Supp. C.J.S. Public Contracts § 31.