SENATE BILL 70
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Cisco McSorley
AN ACT
RELATING TO HIGHER EDUCATION; REQUIRING CERTAIN APPROVALS BEFORE A STATE EDUCATIONAL INSTITUTION OR A RESEARCH PARK CORPORATION MAY DISPOSE OF REAL PROPERTY; REQUIRING APPROVAL BEFORE A RESEARCH PARK CORPORATION MAY COMMENCE A CAPITAL OUTLAY PROJECT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2003.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 13-6-2 NMSA 1978 (being Laws 1979, Chapter 195, Section 3, as amended) is amended to read:
"13-6-2. SALE OF PROPERTY BY STATE AGENCIES OR LOCAL PUBLIC BODIES--AUTHORITY TO SELL OR DISPOSE OF PROPERTY--APPROVAL OF APPROPRIATE APPROVAL AUTHORITY.--
A. Providing a written determination has been made, a state agency, local public body, school district or state educational institution may sell or otherwise dispose of real or tangible personal property belonging to the state agency, local public body, school district or state educational institution.
B. A state agency, local public body, school district or state educational institution may sell or otherwise dispose of real property:
(1) by negotiated sale or donation to an Indian nation, tribe or pueblo located wholly or partially in New Mexico, or to a governmental unit of an Indian nation, tribe or pueblo in New Mexico, that is authorized to purchase land and control activities on its land by an act of congress or to purchase land on behalf of the Indian nation, tribe or pueblo;
(2) by negotiated sale or donation to other state agencies, local public bodies, school districts or state educational institutions;
(3) through the central purchasing office of the state agency, local public body, school district or state educational institution by means of competitive sealed bid, public auction or negotiated sale to a private person or to an Indian nation, tribe or pueblo in New Mexico; or
(4) if a state agency, through the surplus property bureau of the transportation services division of the general services department.
C. A state agency shall give the surplus property bureau of the transportation services division of the general services department the right of first refusal to dispose of tangible personal property of the state agency. A school district may give the surplus property bureau the right of first refusal to dispose of tangible personal property of the school district.
D. Except as provided in Section 13-6-2.1 NMSA 1978 requiring state board of finance approval for certain transactions, a sale or disposition of:
(1) real or tangible personal property having a current resale value of more than five thousand dollars ($5,000) may be made by a state agency, local public body or school district [or state educational institution] if the sale or disposition has been approved by the state budget division of the department of finance and administration for state agencies, the local government division of the department of finance and administration for local public bodies and the public education department for school districts [and the higher education department for state educational institutions]; and
(2) real property having a current resale value of more than one hundred thousand dollars ($100,000) may be made by a state educational institution if the sale or disposition has been approved by the higher education department.
E. Prior approval of the appropriate approval authority is not required if the tangible personal property is to be used as a trade-in or exchange pursuant to the provisions of the Procurement Code.
F. The appropriate approval authority may condition the approval of the sale or other disposition of real or tangible personal property upon the property being offered for sale or donation to a state agency, local public body, school district or state educational institution.
G. The appropriate approval authority may credit a payment received from the sale of such real or tangible personal property to the governmental body making the sale. The state agency, local public body, school district or state educational institution may convey all or any interest in the real or tangible personal property without warranty.
H. This section does not apply to:
(1) computer software of a state agency;
[(2) those institutions specifically enumerated in Article 12, Section 11 of the constitution of New Mexico;
(3)] (2) the New Mexico state police division of the department of public safety;
[(4)] (3) the state land office or the department of transportation;
[(5)] (4) property acquired by a museum through abandonment procedures pursuant to the Abandoned Cultural Properties Act;
[(6)] (5) leases of county hospitals with any person pursuant to the Hospital Funding Act;
[(7)] (6) property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act; and
[(8)] (7) the state parks division of the energy, minerals and natural resources department."
Section 2. Section 13-6-2.1 NMSA 1978 (being Laws 1989, Chapter 380, Section 1, as amended by Laws 2003, Chapter 142, Section 3 and by Laws 2003, Chapter 349, Section 22) is amended to read:
"13-6-2.1. SALES, TRADES OR LEASES--STATE BOARD OF FINANCE APPROVAL.--
A. Except as provided in Section 13-6-3 NMSA 1978, for state agencies, any sale, trade or lease:
(1) for a period of more than five years of real property belonging to a state agency, local public body or school district or any sale, trade or lease of such real property for a consideration of more than twenty-five thousand dollars ($25,000) shall not be valid unless it is approved prior to its effective date by the state board of finance; and
(2) of real property belonging to a state educational institution for a consideration of more than five hundred thousand dollars ($500,000) shall not be valid unless it is approved prior to its effective date by the higher education department and the state board of finance.
B. The provisions of this section shall not be applicable as to [those institutions specifically enumerated in Article 12, Section 11 of the constitution of New Mexico] the state land office, the state transportation commission or the economic development department when disposing of property acquired pursuant to the Statewide Economic Development Finance Act."
Section 3. Section 21-1-20 NMSA 1978 (being Laws 1889, Chapter 138, Section 70, as amended) is amended to read:
"21-1-20. POWER TO HOLD PROPERTY.--[Sec. 159.] All of the [said] state educational institutions, including the New Mexico military institute, shall be entitled to receive all the benefits and donations made and given to similar institutions of learning and charity in other states and territories of the United States by the legislation of the congress of the United States or from private individuals or corporations, and, for the benefit of [said] those institutions, they shall have power to buy and, subject to the provisions of Sections 13-6-2 and 13-6-2.1 NMSA 1978, to sell or lease or mortgage realty and do all things that, in the opinion of the [several] boards of regents, will be for the best interests of [said] the institutions and are in the line of [its] their object."
Section 4. Section 21-1-21 NMSA 1978 (being Laws 1971, Chapter 235, Section 4) is amended to read:
"21-1-21. CAPITAL EXPENDITURES.--No expenditure shall be made by any state educational institution confirmed by Article 12, Section 11 of the [state] constitution of New Mexico, or by any research park corporation formed by such an institution, for the purchase of real property or the construction of buildings or other major structures or for major remodeling projects without prior approval of the proposed purchase, [or] construction or remodeling by the [board of educational finance] higher education department and the state board of finance."
Section 5. Section 21-28-5 NMSA 1978 (being Laws 1989, Chapter 264, Section 5, as amended) is amended to read:
"21-28-5. POWERS OF UNIVERSITY AS RELATED TO RESEARCH PARKS.--
A. Subject to the provisions of Sections 13-6-2, 13-6-2.1 and 21-1-21 NMSA 1978, the regents of each university shall have the power to implement and further the purposes of the University Research Park and Economic Development Act, including the power:
(1) to establish, acquire, develop, maintain and operate research parks, including all necessary or suitable buildings, facilities and improvements, and to acquire, purchase, construct, improve, remodel, add to, extend, maintain, equip and furnish research parks or any building or facility, including research and service facilities and areas intended for the common use of research park tenants;
(2) to form research park corporations to aid and assist the university to acquire, construct, finance, operate and manage research parks;
(3) to form research park corporations to engage in economic development activities that support the teaching, research and service mission of the university, including creating learning opportunities for the students of the university;
(4) to lease, sell, exchange or transfer to research park corporations personal property, money and all or part of the land and facilities included in a research park, on terms and conditions established by the regents that are fair, just and reasonable to the university, and to enter into any other contract or agreement with the research park corporation for the construction, financing, operation and management of the research park;
(5) to lease, either directly or through a research park corporation, to any person, firm, partnership, government entity or any other lawful entity recognized under the laws of the state, any part or all of the land, buildings and facilities of the research park under guidelines established by the regents;
(6) to allow a lessee, exchanger or purchaser of university land to acquire or construct necessary or suitable buildings, facilities and improvements upon university land; provided that any improvements acquired or constructed upon university land during the term of any lease of university land shall revert to and become the property of the university on termination of the lease or any renewal or extension;
(7) to construct buildings, facilities and improvements and to acquire, purchase, construct, improve, remodel, add to, extend, maintain, equip and furnish research parks or any building or facility, including research and service facilities and areas intended for common use of research park occupants;
(8) to finance all or part of the costs of the research park, including the purchase, construction, reconstruction, improvement, remodeling, addition to, extension, maintenance, equipment and furnishing;
(9) to conduct, sponsor, finance and contract in connection with technological innovations of all kinds; and
(10) to do anything else that the regents deem appropriate to further the purposes of the University Research Park and Economic Development Act either directly or indirectly.
B. The specification of powers in this section is not exclusive and shall not be construed to impair or negate any other power or authority enjoyed by the regents under the constitution or laws of this state."
Section 6. Section 21-28-6 NMSA 1978 (being Laws 1989, Chapter 264, Section 6, as amended) is amended to read:
"21-28-6. POWERS OF RESEARCH PARK CORPORATION.--A research park corporation shall have all the powers necessary and convenient to carry out and effectuate the provisions of the University Research Park and Economic Development Act, including the power to:
A. approve or disapprove proposals;
B. sue and be sued in its corporate name;
C. purchase, take, receive or otherwise acquire; own, hold, manage, develop, dispose of or use; and otherwise deal in and with property, including an interest in or ownership of intangible personal property, intellectual property or technological innovations;
D. sell, convey, pledge, exchange, transfer, lease or otherwise dispose of its assets and properties for consideration upon terms and conditions that the corporation shall determine; provided that any sale, conveyance, pledge, exchange, transfer, lease or disposal of a real property interest by a research park corporation shall be made in accordance with the provisions of [Section 13-6-2] Sections 13-6-2 and 13-6-2.1 NMSA 1978;
E. make contracts, incur liabilities or borrow money at rates of interest that the research park corporation may determine;
F. make and execute all contracts, agreements or instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by the University Research Park and Economic Development Act;
G. receive and administer grants, contracts and private gifts;
H. invest and reinvest its funds;
I. conduct its activities, carry on its operations, have offices and exercise the powers granted by the University Research Park and Economic Development Act;
J. make and alter bylaws that may contain provisions indemnifying any person who is or was a director, officer, employee or agent of the corporation and that are consistent with the University Research Park and Economic Development Act, for the administration and regulation of the affairs of research park corporations;
K. employ officers and employees that it deems necessary, set their compensation and prescribe their duties;
L. enter into agreements with insurance carriers to insure against any loss in connection with its operations;
M. authorize retirement programs and other benefits for salaried officers and employees of the research park corporation;
N. employ fiscal consultants, attorneys and other consultants that may be required and to fix and pay their compensation; and
O. enter into license agreements and contracts, including those involving intellectual property and technological innovations such as patents, copyrights, franchises and trademarks."
Section 7. Section 21-28-7 NMSA 1978 (being Laws 1989, Chapter 264, Section 7, as amended) is amended to read:
"21-28-7. LIMITATIONS ON APPLICATION OF LAWS.--
A. A research park corporation shall not be deemed an agency, public body or other political subdivision of New Mexico, including for purposes of applying statutes and laws relating to personnel, procurement of goods and services, meetings of the board of directors, gross receipts tax, disposition or acquisition of property, capital outlays, per diem and mileage and inspection of records; provided that any disposition or acquisition of real property and any expenditure for capital outlay shall be made in accordance with the provisions of Sections 13-6-2, 13-6-2.1 and 21-1-21 NMSA 1978.
B. A research park corporation shall be deemed an agency or other political subdivision of the state for purposes of applying statutes and laws relating to the furnishing of goods and services to the university that operates it and the risk management fund.
C. A research park corporation, its officers, directors and employees shall be granted immunity from liability for any tort as provided in the Tort Claims Act. A research park corporation may enter into agreements with insurance carriers to insure against a loss in connection with its operations even though the loss may be included among losses covered by the risk management fund of New Mexico."
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