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AN ACT

RELATING TO COURTS; CREATING THE COURT OF APPEALS BUILDING

COMMISSION.

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

Section 1. COURT OF APPEALS BUILDING COMMISSION--

CREATION--MEMBERSHIP.--

A. The "court of appeals building commission" is

created within the judicial branch. The court of appeals

building commission shall be composed of the chief judge of

the court of appeals; the chief clerk of the court of appeals;

one member of the supreme court appointed by the chief justice

of the supreme court; and two public members with

architectural or engineering expertise appointed by the chief

judge of the court of appeals.

B. Each member of the court of appeals building

commission shall qualify by taking the oath prescribed by the

constitution of New Mexico for state officers. An appointed

member shall hold office until there is a change in the

appointing authority and the member's successor is appointed.

Vacancies shall be filled in the same manner as the original

appointment. Members shall receive reimbursement as provided

in the Per Diem and Mileage Act and shall receive no other

compensation, perquisite or allowance. No member shall be

interested, directly or indirectly, in any contract relating

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to the construction, equipment or maintenance of the court of

appeals building, and any contract made in violation of this

sentence is void.

Section 2. COURT OF APPEALS BUILDING COMMISSION--

ORGANIZATION.--The court of appeals building commission shall

elect from its membership a chair, a vice chair and a

secretary. The chair shall preside at all meetings of the

commission and shall sign on behalf of the commission all

contracts and necessary papers authorized by the commission.

In the absence of the chair, the vice chair shall exercise the

chair's duties. The secretary shall keep complete records of

all commission business and shall approve all vouchers

submitted to the department of finance and administration for

the expenditure of funds available to the commission. Three

members of the commission constitute a quorum for the

transaction of business, and all actions of the commission

shall be by a majority vote of members present.

Section 3. COURT OF APPEALS BUILDING COMMISSION--

DUTIES.--

A. The court of appeals building commission has

care, custody and control of the court of appeals building and

its grounds, along with all court of appeals equipment,

furniture and fixtures housed in the building. The court of

appeals shall report and record all these assets as required

by state audit rules.

B. With respect to the property under the care,

custody and control of the court of appeals pursuant to

Subsection A of this section, the court of appeals building

commission shall:

(1) provide for the design, construction,

maintenance, repair, cleaning, heating, cooling and lighting

of that property; and

(2) subject to legislative appropriation,

hire employees as necessary and fix their compensation and

terms of employment; provided that no compensation shall be

paid to a person who is compensated by another agency of the

state.

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