New Mexico § 13-1C-3 - Definitions

§ 13-1C-3. Definitions

As used in the State Use Act: A. “ central nonprofit agency ” means a nonprofit agency approved pursuant to rules of the council to facilitate

the equitable distribution of orders for the services of: (1) qualified individuals; and (2) community rehabilitation programs; B. “ community rehabilitation program ” means a nonprofit entity: (1) that is organized under the laws of the United States or this state, operated

in the interest of persons with disabilities and operated so that no part of the income

of which inures to the benefit of any shareholder or other person; (2) that complies with applicable occupational health and safety standards as required

by federal or state law; and (3) that, in the provision of services, whether or not procured under the State Use

Act, employs during the state fiscal year at least seventy-five percent persons with

disabilities in direct labor for the provision of services; C. “ council ” means the New Mexico council for purchasing from persons with disabilities; D. “ direct labor ” means all work directly relating to the provision of services, but not work required

for or relating to supervision, administration or inspection; E. “ local public body ” means a political subdivision of the state and the political subdivision's agencies,

instrumentalities and institutions; F. “ persons with disabilities ” means persons who have a mental or physical impairment that constitutes or results

in a substantial impediment to employment as defined by the federal Rehabilitation

Act of 1973; G. “ qualified individual ” means a person with a disability who is a business owner, or a business that is

primarily owned and operated by persons with disabilities that employs at least seventy-five

percent persons with disabilities in the provision of direct labor, which has been

approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment

from the vocational rehabilitation division of the public education department or

from the commission for the blind shall be presumed to be a person with disability,

as shall a person who is receiving supplemental security income or social security

benefits based on disability; H. “ state agency ” means a department, commission, council, board, committee, institution, legislative

body, agency, government corporation, educational institution or official of the executive,

legislative or judicial branch of government of this state; and I. “ state purchasing agent ” means the director of the purchasing division of the general services department.