0001| HOUSE BILL 349
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| RICHARD T. (DICK) KNOWLES
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO PUBLIC BUILDINGS; PROVIDING FOR REPAIR AND
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0013| RENOVATION OF PUBLIC BUILDINGS AND PURCHASES OF PHYSICAL PLANT
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0014| EQUIPMENT FOR PUBLIC BUILDINGS; CREATING THE PUBLIC BUILDINGS
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0015| REPAIR FUND; PROVIDING FOR THE ASSESSMENT OF BUILDING USE FEES
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0016| AND DEPOSITS INTO THE FUND; ABOLISHING THE LONG-TERM LEASE
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0017| GUARANTEE FUND; TRANSFERRING BALANCES; MAKING AN APPROPRIATION.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. [NEW MATERIAL] PUBLIC BUILDINGS REPAIR FUND--CREATED--EXPENDITURES.--
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0021| A. The "public buildings repair fund" is created in
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0022| the state treasury. The fund shall consist of appropriations,
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0023| building use fees, gifts, grants, donations and bequests. Money
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0024| in the fund shall not revert at the end of any fiscal year. The
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0025| fund shall be administered by the property control division of
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0001| the general services department.
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0002| B. Expenditures may be made from the public
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0003| buildings repair fund only for necessary repair, renovation and
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0004| purchase of physical plant equipment for public buildings owned
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0005| by the state and under the control of the property control
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0006| division.
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0007| C. The property control division shall establish
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0008| priorities for the use of the public buildings repair fund and
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0009| shall submit to the legislature in each regular session a list
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0010| of recommended expenditures to be made from the fund in the
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0011| following fiscal year. Except as provided in Subsection D of
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0012| this section, the public buildings repair fund shall be expended
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0013| pursuant to appropriations by the legislature.
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0014| D. Upon certification from the secretary of general
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0015| services to the state board of finance that an emergency need
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0016| for repairs or purchase of equipment exists in a public building
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0017| to which the provisions of this section apply, the state board
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0018| of finance may approve such emergency expenditures from the
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0019| public buildings repair fund. Total expenditures pursuant to
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0020| this subsection shall not exceed two hundred thousand dollars
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0021| ($200,000) a year. The state board of finance shall report
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0022| emergency expenditures to the legislative finance committee.
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0023| Section 2. [NEW MATERIAL] BUILDING USE FEES--TRANSFERS
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0024| TO FUND.--The secretary of general services shall establish a
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0025| schedule of building use fees for state agencies occupying space
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0001| in state-owned buildings under the control of the property
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0002| control division of the general services department. The
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0003| building use fees shall equal the estimated cost for the next
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0004| fiscal year of planned and emergency repairs, renovations and
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0005| purchase of physical plant equipment; provided that total fees
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0006| shall not exceed ten million dollars ($10,000,000) in any fiscal
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0007| year. The building use fees shall be included in the budget
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0008| requests of pertinent state agencies beginning with fiscal year
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0009| 1998. At the beginning of each fiscal year, the department of
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0010| finance and administration shall transfer to the public
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0011| buildings repair fund the amounts appropriated for building use
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0012| fees.
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0013| Section 3. Section 15-3-11 NMSA 1978 (being Laws 1968,
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0014| Chapter 43, Section 5, as amended) is amended to read:
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0015| "15-3-11. BUILDING AND REMODELING--LEASING.--
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0016| A. The director of the property control division of
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0017| the general services department has the authority to do all acts
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0018| necessary and proper for the redesigning, major renovation and
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0019| remodeling of present state buildings and the erection of
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0020| additional state buildings when needed. The director of the
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0021| property control division may let contracts for these purposes
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0022| made according to the established state purchasing procedures
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0023| for contracts of the type and amount let. However, all such
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0024| remodeling, major renovation and construction must first be
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0025| approved by the state board of finance. This subsection shall
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0001| not apply to any redesigning, major renovation or remodeling or
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0002| the erection of additional [buildings of the state highway
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department] state buildings exempt from the control of the
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0004| property control division pursuant to Section 15-3-2 NMSA 1978.
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0005| B. The director of the property control division,
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0006| subject to the approval of the state board of finance and after
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0007| following the bidding procedures required by the Procurement
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0008| Code for the purchase of tangible personal property, has the
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0009| authority to enter into long-term leases, for periods not to
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0010| exceed ten years, of vacant lands where the lessor contracts
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0011| with the state to construct and complete buildings, subject to
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0012| the approval of the staff architect, as a condition precedent to
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0013| the start of the rental term. Such buildings shall comply with
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0014| applicable standards for the physically handicapped and
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0015| applicable codes. No lease shall be executed under this
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0016| subsection until the staff architect created under the
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0017| provisions of Section 15-3-13 NMSA 1978 [shall have] has
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0018| filed with the legislative finance committee a detailed
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0019| statement of his evaluation and approval of the proposed
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0020| building.
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0021| [C. The secretary of general services shall
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establish a schedule of rental fees at rates consistent with
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rates charged for comparable space in the area for state
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agencies occupying space in state-owned buildings and require
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such fees to be included in the budgets of such agencies at such
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time as the money is available, but not later than the budget
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for the sixty-eighth fiscal year. Such amounts shall be
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transferred periodically by the department of finance and
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administration into the "long-term lease guarantee fund" hereby
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created, for the purpose of effectuating the purposes of this
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section. The fund shall be used to guarantee leases which have
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been approved as provided in Subsection B of this section, but
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not to pay lease payments or any part thereof unless the
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legislature fails to appropriate any funds to the agency for
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space and the payment is required to prevent default or legal
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action. Each lease guaranteed by the fund shall be considered
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an encumbrance of the fund for a specified sum, in an amount
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equal to the balance of payments remaining on the lease, and no
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lease shall be entered into until such lease can be guaranteed
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by unencumbered balances in the fund to the extent of the
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payments remaining on the lease. No fees shall be established
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for or paid by state institutions of higher learning, hospitals
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and institutions for the mentally or physically handicapped, the
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supreme court, the land office, correctional institutions or the
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state highway and transportation department]"
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0021| Section 4. Section 15-3-14 NMSA 1978 (being Laws 1968,
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0022| Chapter 43, Section 8, as amended) is amended to read:
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0023| "15-3-14. LEASE OF LAND OR BUILDINGS FOR PRIVATE USE.--The
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0024| director of the property control division of the general
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0025| services department may lease any land or building under his
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0001| control to private use until the land or building is needed for
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0002| public use. All income from the leases shall be deposited in
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0003| the [long-term lease guarantee fund] public buildings repair
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0004| fund. All leases shall be made in accordance with Sections
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0005| [6-1-8 and 6-1-8.1 NMSA 1953] 13-6-2.1 and 13-6-3 NMSA 1978.
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0006| The property control division shall establish building use fees
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0007| at the current fair-market value for property under its control;
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0008| provided that this provision does not apply to residences
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0009| furnished to state officials or employees for the legitimate
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0010| convenience of the employer and that are not taxable benefits
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0011| for general income tax purposes. Beginning with fiscal year
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0012| 1997, all state departments and institutions whose property is
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0013| under the control of the property control division shall remit
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0014| building use fees collected from lessees to the property control
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0015| division for deposit into the public buildings repair fund.
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0016| Departments and institutions may charge separate utility costs
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0017| for property where the property is not separately metered, and
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0018| those costs may be deposited to the credit of the department's
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0019| or institution's operating budget."
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0020| Section 5. TEMPORARY PROVISION--TRANSFER OF FUNDS.--On the
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0021| effective date of this act, all fund balances in the long-term
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0022| lease guarantee fund are transferred to the public buildings
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0023| repair fund. The state treasurer shall take the necessary
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0024| actions to accomplish the transfer of funds.
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0025| Section 6. EFFECTIVE DATE.--The effective date of the
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0001| provisions of this act is July 1, 1996.
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0002|
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 2, 1996
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0016| been referred
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0017|
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0018| HOUSE BILL 349
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, and thence referred to the
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0022| APPROPRIATIONS AND FINANCE COMMITTEE.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| Jerry W. Sandel, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 8 For 0 Against
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0014| Yes: 8
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0015| Excused: Gallegos, Gonzales, Lovejoy, Ryan, Sandoval
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0016| Absent: None
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0017|
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0018|
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0019|
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0020|
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0021| H0349TR1 State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-SECOND LEGISLATURE
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0025| SECOND SESSION, 1996
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0001|
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0002|
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0003| February 6, 1996
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0009| whom has been referred
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0010|
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0011| HOUSE BILL 349
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| Max Coll, Chairman
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0022|
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0023|
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0024| Adopted Not Adopted
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0025|
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date
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0004|
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0005| The roll call vote was 12 For 0 Against
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0006| Yes: 12
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0007| Excused: Abeyta, Coll, Buffett, Casey, Varela, Watchman,
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0008| Absent: None
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0009|
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0010|
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0011|
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0012| H0349AF1
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0013|
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0014| FORTY-SECOND LEGISLATURE
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0015| SECOND SESSION, 1996
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0016|
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0017|
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0018| February 13, 1996
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0019|
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0020| Mr. President:
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0021|
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0022| Your FINANCE COMMITTEE, to whom has been referred
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0023|
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0024| HOUSE BILL 349
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008| __________________________________
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0009| Ben D. Altamirano, Chairman
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0010|
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0011|
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0012|
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0013| Adopted_______________________ Not Adopted_______________________
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016|
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0017|
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0018| Date ________________________
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0019|
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0020|
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0021| The roll call vote was 8 For 0 Against
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0022| Yes: 8
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0023| No: 0
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0024| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
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0025| Absent: None
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0001|
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0002|
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0003| H0349FC1
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0004|
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