44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO PUBLIC PROPERTY; AUTHORIZING OPERATING EXPENSES FOR THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT TO BE PAID FROM THE PUBLIC BUILDINGS REPAIR FUND; AUTHORIZING ESTIMATED OPERATING EXPENSES FOR THE PROPERTY CONTROL DIVISION TO BE INCLUDED IN BUILDING USE FEES.

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

Section 1. Section 15-3-11.1 NMSA 1978 (being Laws 1996, Chapter 46, Section 1) is amended to read:

"15-3-11.1. PUBLIC BUILDINGS REPAIR FUND--CREATED--EXPENDITURES.--

A. The "public buildings repair fund" is created in the state treasury. The fund shall consist of appropriations, building use fees, gifts, grants, donations and bequests. Money in the fund shall not revert at the end of any fiscal year. The fund shall be administered by the property control division of the general services department.

B. Expenditures may be made from the public buildings repair fund only for operating expenses of the property control division and necessary repair, renovation and purchase of physical plant equipment for public buildings owned by the state and under the control of the property control division.

C. The property control division shall establish priorities for the use of the public buildings repair fund and shall submit to the legislature in each regular session a list of recommended expenditures to be made from the fund in the following fiscal year. Except as provided in Subsection D of this section, the public buildings repair fund shall be expended pursuant to appropriations by the legislature.

D. Upon certification from the secretary of general services to the state board of finance that an emergency need for repairs or purchase of equipment exists in a public building to which the provisions of this section apply, the state board of finance may approve such emergency expenditures from the public buildings repair fund. Total expenditures pursuant to this subsection shall not exceed two hundred thousand dollars ($200,000) a year. The state board of finance shall report emergency expenditures to the legislative finance committee."

Section 2. Section 15-3-11.2 NMSA 1978 (being Laws 1996, Chapter 46, Section 2) is amended to read:

"15-3-11.2. BUILDING USE FEES--TRANSFERS TO FUND.--The secretary of general services shall establish a schedule of building use fees for state agencies occupying space in state-owned buildings under the control of the property control division of the general services department. The building use fees shall equal the estimated cost for the next fiscal year of operating expenses for the property control division and planned and emergency repairs, renovations and purchase of physical plant equipment; provided that total fees shall not exceed ten million dollars ($10,000,000) in any fiscal year. The building use fees shall be included in the budget requests of pertinent state agencies beginning with fiscal year 1998. At the beginning of each fiscal year, the department of finance and administration shall transfer to the public buildings repair fund the amounts appropriated for building use fees."