44th legislature - STATE OF NEW MEXICO - second session, 2000
RELATING TO PUBLIC PROPERTY; AUTHORIZING THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT TO ASSIST STATE AGENCIES OTHERWISE EXEMPT FROM THE DIVISION'S CONTROL; AUTHORIZING THE PROPERTY CONTROL DIVISION TO ACT AS LESSEE ON BEHALF OF STATE AGENCIES; PROVIDING ADDITIONAL DUTIES FOR THE STAFF ARCHITECT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 15-3-2 NMSA 1978 (being Laws 1978, Chapter 166, Section 14, as amended) is amended to read:
"15-3-2. DIRECTOR OF DIVISION--DUTIES--FEDERAL FUNDS.--
A. The director of the property control division of the general services department shall:
(1) have control over all state buildings and
lands except those under the control and management of the
state highway and transportation department; the state fair
commission; state institutions of higher learning; the New
Mexico school for the deaf; the New Mexico school for the
visually handicapped; the supreme court; the commissioner of
public lands; the state armory board, in accordance with
Section [20-7-2] 20-8-3 NMSA 1978; the [building] buildings in
which the legislature is housed, the adjacent utilities plant
and the surrounding grounds; [the museum of New Mexico; and
the state library building and adjacent grounds] and the
office of cultural affairs. The director shall assign the use
or occupancy of state buildings and lands under his control to
the state agency or political subdivision [which] that may
make the best and highest beneficial use of the property;
(2) regulate the use or occupancy of buildings and real property under his control and make reasonable requirements for the continuation of that use or occupancy;
(3) have custody of all maps, deeds, plats, plans, specifications, contracts, books and other papers connected with state buildings over which he exercises control;
(4) secure copies of all documents of title
to all real property under his control held in the name of the
state or for the use of the state, and index [such] those
documents so that the status of real property held by the
state under his control can be readily ascertained;
(5) control the lease or rental of space in private buildings by state executive agencies other than the state land office. The director may act as lessee on behalf of a state agency if he determines it is in the best interest of the state;
[(6) preserve, repair, clean, heat and light
the buildings and improvements under his control which are
located within the exterior boundaries of the city of Santa
Fe, either with his own staff or by contract with private
firms;
(7) care for and beautify the grounds and
premises under his control which are located within the
exterior boundaries of the city of Santa Fe, either with his
own staff or by contract with private firms;
(8)] (6) make rules [and regulations] for the
conduct of all persons in and about such buildings and grounds
necessary and proper for the safety, care and preservation of
the buildings and grounds and for the safety and convenience
of the persons while they are in and about the buildings and
grounds;
[(9)] (7) have the power to sell state
buildings and real property under his control in accordance
with Sections 13-6-2 and 13-6-3 NMSA 1978. Any such sale
shall be by quitclaim deed;
[(10)] (8) have the power to purchase title
insurance or a title opinion in conjunction with the sale of
state buildings or land; and
[(11)] (9) have the power to enter into
contracts for the improvement, alteration and reconstruction
of the state buildings under his control, including the
executive mansion, and for the design and construction of
additional buildings, to the extent funds are available.
B. The provisions of this section shall be subject to federal law or regulation if the buildings or property were purchased with federal funds.
C. When the parties determine that it is in the best interest of the state, the director of the property control division and the governing body of state property, otherwise exempted pursuant to Subsection A of this section, may enter into an agreement pursuant to the Joint Powers Agreements Act for the director to exercise such control and jurisdiction over the state property as is specified in the agreement."
Section 2. Section 15-3-13 NMSA 1978 (being Laws 1978, Chapter 69, Section 1, as amended) is amended to read:
"15-3-13. POSITION OF STAFF ARCHITECT CREATED--DUTIES AND RESPONSIBILITIES.--
A. The position of "staff architect" is created
within the property control division of the general services
department. The staff architect shall be a legal resident of
and an architect registered in the state for at least two
years. The staff architect shall assist the director of the
property control division in carrying out the provisions and
requirements of the Property Control Act, [It shall also be
his duty and responsibility] including the duty to:
(1) develop long-range programs for the continuing preservation and repair of buildings and improvements and for the beautification of grounds and premises under the control of the director of the property control division;
(2) conduct continuing review and analysis of requirements for additional structures and facilities to house state agencies;
(3) review plans and specifications developed
by architects or engineers contracted for the construction of
new buildings or for the remodeling or renovation of existing
state buildings under control of the director of the property
control division, [insuring] ensuring that all local, state
and federal laws and building codes are [complied with]
considered, that adequate parking is provided according to law
and that adequate safety is provided for such buildings and
for all persons while they are in or about the building;
(4) develop or contract for the development
of plans and specifications for state projects whose
expenditures do not exceed five hundred thousand dollars
($500,000) and for state projects [which] that consist of
repair, replacement or remodeling of nonstructural elements of
an existing structure or project;
(5) conduct on-site inspections of state
buildings while under construction or while being remodeled or
repaired to assure that construction specifications are being
met. If the state project does not involve expenditures in
excess of five hundred thousand dollars ($500,000), this
responsibility may be delegated to the user agency. The
property control division shall develop a standard form
[which] that shall be completed by the user agency in the
exercise of this responsibility; and
(6) supervise the inspection of all facilities leased or rented by state agencies or by the property control division as lessee on behalf of the state agencies and recommend structural and facility changes necessary to bring leased or rented facilities up to standard pursuant to Section 60-13-44 NMSA 1978.
B. Any person who was employed as the staff architect who subsequently leaves the position, or any firm he may subsequently be employed by, is prohibited for a period of two years from providing architectural services or bidding on the construction, remodeling or renovation of any state building if he developed or worked on the plans or specifications for such construction, remodeling or renovation while employed as staff architect."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.