SENATE BILL 332
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Joseph A. Fidel
AN ACT
RELATING TO PUBLIC PROPERTY; AMENDING THE STATE BUILDING BONDING ACT TO PROVIDE THAT THE ACT APPLIES ONLY TO THE ACQUISITION OF STATE OFFICE BUILDINGS; AMENDING LAWS 2001, CHAPTER 166 TO AUTHORIZE THE ACQUISITION OF CERTAIN PROPERTY BY THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT AND TO APPROPRIATE BOND PROCEEDS FOR CERTAIN ACTIVITIES OF THE CAPITOL BUILDINGS PLANNING COMMISSION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the State Building Bonding Act, Section 6-21C-2 NMSA 1978, is enacted to read:
"6-21C-2. [NEW MATERIAL] FINDINGS AND PURPOSE.--
A. The legislature finds that the expense of leasing office space for state occupancy has grown to the point that the state would be better served if more state-owned facilities were acquired. The legislature further finds that the state's overall occupancy costs could be reduced even after taking into account the payments necessary on bonds issued to acquire additional facilities and that, therefore, it is economically advantageous for the state to own additional office space. Further, in anticipation of the state's future office space needs, the legislature finds it prudent to establish an office acquisition program.
B. The purpose of the State Building Bonding Act is to acquire additional state office buildings by issuing bonds paid for with distributions of gross receipts tax revenue that reflect a portion of the savings that will result from the conversion to more state-owned facilities."
Section 2. Section 6-21C-3 NMSA 1978 (being Laws 2001, Chapter 199, Section 3, as amended) is amended to read:
"6-21C-3. DEFINITIONS.--As used in the State Building Bonding Act:
A. "acquiring" or "acquisition" includes acquiring or acquisition by purchase, construction or renovation; and
B. "building bonds" means state office building tax revenue bonds [or state museum tax revenue bonds]."
Section 3. Section 6-21C-4 NMSA 1978 (being Laws 2001, Chapter 199, Section 4, as amended) is amended to read:
"6-21C-4. NEW MEXICO FINANCE AUTHORITY SHALL ISSUE BUILDING BONDS--APPROPRIATION OF PROCEEDS.--
A. The New Mexico finance authority is authorized to issue and sell revenue bonds, known as "state office building tax revenue bonds", payable solely from the state building bonding fund, in compliance with the State Building Bonding Act for the purpose of acquiring state office buildings when the acquisition has been reviewed by the capitol buildings planning commission and has been authorized by legislative act and the director of the property control division of the general services department has certified the need for the issuance of the bonds.
[B. The New Mexico finance authority is authorized to issue and sell revenue bonds, known as "state museum tax revenue bonds", payable solely from the state building bonding fund, in compliance with the State Building Bonding Act for the purpose of renovating and maintaining existing structures and developing permanent exhibits at state museums and monuments when the renovation, maintenance or exhibit development has been authorized by legislative act, the state cultural affairs officer has certified the need for the issuance of the bonds and, in the case of a renovation or maintenance of an existing structure, the renovation or maintenance has been reviewed by the capitol buildings planning commission.
C.] B. The net proceeds from the [state office] building [tax revenue] bonds are appropriated to the property control division of the general services department for the purpose of acquiring state office buildings, the acquisition of which shall be consistent with the State Building Bonding Act and the authorizing legislation.
[D. The net proceeds from the state museum tax revenue bonds are appropriated to the office of cultural affairs for the purpose of renovating and maintaining existing structures and developing permanent exhibits at state museums and monuments, the renovation, maintenance or exhibit development of which shall be consistent with the State Building Bonding Act and the authorizing legislation.]"
Section 4. Section 6-21C-5 NMSA 1978 (being Laws 2001, Chapter 199, Section 5, as amended) is amended to read:
"6-21C-5. STATE BUILDING BONDING FUND CREATED--MONEY IN THE FUND PLEDGED.--
A. The "state building bonding fund" is created as a special fund within the New Mexico finance authority. The fund shall be administered by the New Mexico finance authority as a special account. The fund shall consist of money appropriated and transferred to the fund and gross receipts tax revenues distributed to the fund by law. Earnings of the fund shall be credited to the fund. Balances in the fund at the end of any fiscal year shall remain in the fund, except as provided in this section.
B. Money in the state building bonding fund is pledged for the payment of principal and interest on all building bonds issued pursuant to the State Building Bonding Act. Money in the fund is appropriated to the New Mexico finance authority for the purpose of paying debt service, including redemption premiums, on the building bonds and the expenses incurred in the issuance, payment and administration of the bonds.
C. On the last day of January and July of each year, the New Mexico finance authority shall estimate the amount needed to make debt service and other payments during the next twelve months from the state building bonding fund on the building bonds issued pursuant to the State Building Bonding Act plus the amount that may be needed for any required reserves. The New Mexico finance authority shall transfer to the general fund any balance in the state building bonding fund above the estimated amounts.
D. Any balance remaining in the state building bonding fund shall be transferred to the general fund upon certification by the New Mexico finance authority that:
(1) the director of the property control division of the general services department [in the case of state office building tax revenue bonds, and the state cultural affairs officer, in the case of state museum tax revenue bonds] and the New Mexico finance authority have agreed that the building bonds issued pursuant to the State Building Bonding Act have been retired, that no additional obligations of the state building bonding fund exist and that no additional expenditures from the fund are necessary; or
(2) a court of jurisdiction has ruled that the building bonds have been retired, that no additional obligations of the state building bonding fund exist and that no additional expenditures from the fund are necessary.
E. The building bonds issued pursuant to the State Building Bonding Act shall be payable solely from the state building bonding fund or, with the approval of the bondholders, such other special funds as may be provided by law and do not create an obligation or indebtedness of the state within the meaning of any constitutional provision. No breach of any contractual obligation incurred pursuant to that act shall impose a pecuniary liability or a charge upon the general credit or taxing power of the state, and the bonds are not general obligations for which the state's full faith and credit is pledged.
F. The state does hereby pledge that the state building bonding fund shall be used only for the purposes specified in this section and pledged first to pay the debt service on the building bonds issued pursuant to the State Building Bonding Act. The state further pledges that any law authorizing the distribution of taxes or other revenues to the state building bonding fund or authorizing expenditures from the fund shall not be amended or repealed or otherwise modified so as to impair the bonds to which the state building bonding fund is dedicated as provided in this section."
Section 5. Section 6-21C-8 NMSA 1978 (being Laws 2001, Chapter 199, Section 8, as amended) is amended to read:
"6-21C-8. PROCEDURE FOR SALE OF BUILDING BONDS.--
A. Building bonds shall be sold by the New Mexico finance authority at such times and in such manner as the authority may elect, consistent with the need of the property control division of the general services department [or the office of cultural affairs], either at private sale for a negotiated price or to the highest bidder at public sale for cash at not less than par and accrued interest.
B. In connection with any public sale of building bonds, the New Mexico finance authority shall publish a notice of the time and place of sale in a newspaper of general circulation in the state and also in a recognized financial journal outside the state. Such publication shall be made once each week for two consecutive weeks prior to the date fixed for such sale, the last publication to be two business days prior to the date of sale. Such notice shall specify the amount, denomination, maturity and description of the bonds to be offered for sale and the place, day and hour at which sealed bids therefor shall be received. All bids, except that of the state, shall be accompanied by a deposit of two percent of the principal amount of the bonds. Deposits of unsuccessful bidders shall be returned upon rejection of the bid. At the time and place specified in such notice, the New Mexico finance authority shall open the bids in public and shall award the bonds, or any part thereof, to the bidder or bidders offering the best price. The New Mexico finance authority may reject any or all bids and readvertise.
C. The New Mexico finance authority may sell a building bond issue, or any part thereof, to the state or to one or more investment bankers or institutional investors at private sale."
Section 6. Laws 2001, Chapter 166, Section 1 is amended to read:
"Section 1. AUTHORIZATION TO ACQUIRE PROPERTY--APPROPRIATION.--
A. In order to acquire the following properties for use as state agency offices in Santa Fe county, the property control division of the general services department may:
(1) purchase and renovate, equip and furnish the national education association building on South Capitol street;
(2) plan, design, construct, equip and furnish a new office building with integrated parking at the west capitol complex on Cerrillos road, pursuant to the design funded by Subsection I of Section 14 of Chapter 118 of Laws 1998, at a price not to exceed twenty-five million dollars ($25,000,000);
(3) purchase and renovate, equip and furnish the public employees retirement association building on Paseo de Peralta; and
(4) purchase land [adjacent to the district five office of the state highway and transportation department on Cerrillos road] within or, notwithstanding any bisecting right of way, adjacent to the public safety campus as set out in the capitol buildings master plan developed by the capitol buildings planning commission; provided that no land shall be purchased pursuant to this paragraph that does not have, in place, water, sewer, electricity and other necessary infrastructure.
B. The acquisitions of property pursuant to Subsection A of this section shall be made in the priority order listed in that subsection. Purchases authorized in Paragraphs (1), (2) and (4) of Subsection A of this section shall be made at a price not to exceed the value of the property established by the taxation and revenue department using generally accepted appraisal techniques for the type of property purchased. The purchase authorized in Paragraph (3) of Subsection A of this section shall be made at a price negotiated with the retirement board of the public employees retirement association that is not less than the fair market value of the property and building.
C. If state office building tax revenue bonds issued pursuant to Laws 2001, Chapter 166, Section 2 [of this act] are outstanding, then, as amounts become available in the property control reserve fund, as much of the property control reserve fund as is necessary to pay the debt service and other payments on the bonds plus any amount needed for any required reserves shall be transferred from the property control reserve fund to the state office building bonding fund.
D. If state office building tax revenue bonds have not been issued pursuant to Laws 2001, Chapter 166, Section 2 [of this act] or if the bonds have been issued but are no longer outstanding, then, as amounts become available in the property control reserve fund, as much of the property control reserve fund as is necessary to comply with the provisions of Subsection A of this section is appropriated to the property control division of the general services department for expenditure in fiscal year 2001 and subsequent fiscal years."
Section 7. Laws 2001, Chapter 166, Section 2 is amended to read:
"Section 2. STATE OFFICE BUILDING TAX REVENUE BONDS-- AUTHORIZATION--CONTINGENCY.--
A. The New Mexico finance authority may issue and sell state office building tax revenue bonds in compliance with the State Office Building Acquisition Bonding Act in a total amount not to exceed seventy-five million dollars ($75,000,000) when the director of the property control division of the general services department certifies to the authority that the proceeds from the state office building tax revenue bonds are needed to acquire one or more of the properties specified in Laws 2001, Chapter 166, Section 1 [of this act]. The authority shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the authority that the acquisition can proceed within a reasonable time. The authority shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended. Except as provided in Subsection B of this section, proceeds from the sale of the bonds are appropriated to the property control division of the general services department for expenditure in fiscal year 2001 and subsequent fiscal years for the purpose of making the acquisitions pursuant to Laws 2001, Chapter 166, Section 1 [of this act].
B. Two hundred fifty thousand dollars ($250,000) of the bond proceeds are appropriated to the legislative council service for expenditure in fiscal years 2004 through 2007 for the purpose of supporting the work of the capitol buildings planning commission, including master planning for state facilities and annual updates to master plans. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the state building bonding fund.
[B.] C. The authorization made in Subsection A of this section is contingent upon the enactment into law of the State Office Building Acquisition Bonding Act by the first session of the forty-fifth legislature."
Section 8. TEMPORARY PROVISION--OUTSTANDING STATE MUSEUM TAX REVENUE BONDS.--Nothing in this act shall be deemed to impair state museum tax revenue bonds outstanding on the effective date of this act. For the purposes of the obligations incurred with respect to those bonds:
A. the bonds shall be deemed to be "building bonds" pursuant to the provisions of the State Building Bonding Act;
B. money in the state building bonding fund is pledged for the payment of principal and interest on those bonds to the same extent as the fund was pledged prior to the effective date of this 2004 act; and
C. the state further pledges that any law authorizing the distribution of taxes or other revenues to the state building bonding fund or authorizing expenditures from the fund shall not be amended or repealed or otherwise modified so as to impair those bonds.
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