SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 430

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO STATE FACILITIES MANAGEMENT; ENACTING A TEMPORARY PROVISION; AUTHORIZING THE GENERAL SERVICES DEPARTMENT TO WAIVE ITS RULES IN ORDER TO EXTEND FACILITY LEASES FOR THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE TAXATION AND REVENUE DEPARTMENT; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. TEMPORARY PROVISION--AUTHORIZING THE GENERAL SERVICES DEPARTMENT TO WAIVE ITS RULES IN ORDER TO EXTEND FACILITY LEASES FOR THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE TAXATION AND REVENUE DEPARTMENT.--

          A. The legislature finds that:

                (1) general services department rules:

                     (a) limit the term of a lease of private property by a state agency to twenty years;

                     (b) limit the amount of leased space that a state agency can increase by lease amendment; and

                     (c) typically require a request for proposals process for new leases or renewal of existing leases;

                (2) the children, youth and families department, which, under four separate leases, provides services for abused and neglected children in a building complex at 300 San Mateo Boulevard, N.E. and 5301 Central Avenue, N.E. in Albuquerque, has attempted, through the general services department request for proposals process, to acquire a new and expanded leased facility to provide those services, to include a new child wellness center, but has been unsuccessful due to infeasible proposals and budgetary limitations. The San Mateo and Central complex also houses offices for the department of health and the taxation and revenue department under separate leases;

                (3) at least one of the children, youth and families department's leases at the San Mateo and Central complex is near the end of its twenty-year lease term, but it cannot renew or extend that lease due to the twenty-year limitation in general services department rules, thus presenting it with the likelihood of having to close or reduce some of its services to abused and neglected children;

                (4) if the current leases at the San Mateo and Central complex can be extended and renewed, the current landlord will provide improvements to the facility and construct a new building to house the child wellness center; and

                (5) the legislature has the authority to direct the general services department to waive the application of its rules.

          B. Notwithstanding any law or rule to the contrary, the general services department may:

                (1) waive the application of Rule 1.5.21 NMAC that is preventing the children, youth and families department from extending its current leases for its facility at the San Mateo and Central complex that serves the needs of abused and neglected children and that will also allow the department of health and the taxation and revenue department to extend their leases at the complex;

                (2) waive the application of its acquisition or procurement rules in Rule 1.5.21 NMAC that might otherwise prevent the children, youth and families department from expanding the leased space at the San Mateo and Central complex in order to provide increased services to its clients and to create a child wellness center; and

                (3) no later than January 1, 2018, work with the children, youth and families department, the department of health and the taxation and revenue department to extend the leases at the San Mateo and Central complex. In the case of the children, youth and families department, the extension shall be for an initial term of up to seven years with up to three additional five-year options to renew the lease and shall provide for an increase in leased space at the San Mateo and Central complex that will enhance the service that the department provides to abused and neglected children.

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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