SFC/SB 1061
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO STATE BUILDINGS; EXPANDING THE PLANNING AUTHORITY
OF THE CAPITOL BUILDINGS PLANNING COMMISSION; CHANGING THE
MEMBERSHIP OF THE COMMISSION; AUTHORIZING AN ADDITIONAL
AMOUNT OF STATE OFFICE BUILDING TAX REVENUE BONDS; INCREASING
THE AMOUNT OF A CERTAIN TAX DISTRIBUTION; MAKING
APPROPRIATIONS FOR MASTER PLANNING AND THE PLANNING AND
DESIGN OF CERTAIN STATE FACILITIES AND THE ACQUISITION OF
CERTAIN PROPERTY; AUTHORIZING SEVERANCE TAX BONDS FOR
COMPLETING THE STATE LABORATORY FACILITY; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 15-10-1 NMSA 1978 (being Laws 1997,
Chapter 178, Section 5, as amended) is amended to read:
"15-10-1. CAPITOL BUILDINGS PLANNING COMMISSION
CREATED.--
A. The "capitol buildings planning commission" is
created to study and plan for the long-range facilities needs
of state government in the greater metropolitan areas of Las
Cruces, Santa Fe and Albuquerque. The commission shall
review prior long-range facilities needs assessments and
develop an initial master plan for the state facilities in
the greater metropolitan areas of Las Cruces, Santa Fe and
Albuquerque. After development of the initial master plan,
pg_0002
SFC/SB 1061
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the commission shall conduct a review of state properties
throughout the state for the development of an overall master
plan.
B. The commission shall be composed of four
members of the legislature, two from each house, appointed by
the New Mexico legislative council, the secretary of general
services, the state treasurer, the secretary of
transportation or the secretary's designee, the secretary of
cultural affairs or the secretary's designee, the secretary
of finance and administration or the secretary's designee,
the commissioner of public lands or the commissioner's
designee and the chair of the supreme court building
commission or the chair's designee.
C. The legislative council service shall provide
staff for the commission in coordination with the staff
architect and other staff of the property control division of
the general services department.
D. The commission shall meet regularly and shall
report annually to the legislature on an annual update of the
master plan for the long-range facilities needs of state
government in the greater metropolitan areas of Las Cruces,
Santa Fe and Albuquerque and throughout the state."
Section 2. Section 7-1-6.42 NMSA 1978 (being Laws 2001,
Chapter 199, Section 12, as amended) is amended to read:
"7-1-6.42. DISTRIBUTION--STATE BUILDING BONDING
pg_0003
SFC/SB 1061
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
FUND--GROSS RECEIPTS TAX.--A distribution pursuant to
Section 7-1-6.1 NMSA 1978 shall be made to the state building
bonding fund in the amount of five hundred thirty thousand
dollars ($530,000) from the net receipts attributable to the
gross receipts tax imposed by the Gross Receipts and
Compensating Tax Act. The distribution shall be made:
A. after the required distribution pursuant to
Section 7-1-6.4 NMSA 1978;
B. contemporaneously with other distributions of
net receipts attributable to the gross receipts tax for
payment of debt service on outstanding bonds or to a fund
dedicated for that purpose; and
C. prior to any other distribution of net receipts
attributable to the gross receipts tax."
Section 3. Laws 2001, Chapter 166, Section 1, as
amended by Laws 2004, Chapter 123, Section 6 and by Laws 2005,
Chapter 320, 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
pg_0004
SFC/SB 1061
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 within or in close
proximity 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. In addition to the acquisitions authorized in
Subsection A of this section, the property control division of
the general services department may:
(1) in cooperation with the New Mexico
legislative council, pursuant to the capitol buildings master
plan developed by the capitol buildings planning commission
and after review by the commission plan, design, construct and
equip a parking structure in the central capitol campus in
pg_0005
SFC/SB 1061
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Santa Fe. Upon completion of the parking structure, the
property control division shall transfer the parking structure
and associated real estate to the New Mexico legislative
council. After the transfer, the legislative council shall
operate and maintain the parking structure;
(2) expend net proceeds from state office
building tax revenue bonds to acquire land and plan, design,
construct and equip a state laboratory facility in Bernalillo
county; and
(3) pursuant to the capitol buildings master
plan, acquire the property within the central capitol campus
in Santa Fe known as the "Coughlin building".
C. 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."
Section 4. Laws 2001, Chapter 166, Section 2, as
pg_0006
SFC/SB 1061
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
amended by Laws 2004, Chapter 123, Section 7 and by Laws 2005,
Chapter 320, Section 4, 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 Building Bonding Act 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 for one or more
of the purposes specified in Laws 2001, Chapter 166, Section
1, as amended by Section 3 of this 2007 act; provided that the
total amount of state office building tax revenue bonds
outstanding at any one time shall not exceed one hundred
million dollars ($100,000,000). The authority shall schedule
the issuance and sale of the bonds in the most expeditious and
economical manner possible. Except as provided in Subsections
B and C of this section, net 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 purposes specified in
Laws 2001, Chapter 166, Section 1, as amended by Section 3 of
this 2007 act.
B. Two hundred fifty thousand dollars ($250,000)
of the proceeds from the bonds issued pursuant to Subsection A
pg_0007
SFC/SB 1061
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
of this section are appropriated to the legislative council
service for expenditure in fiscal years 2004 through 2008 for
the purpose of providing funding for the capitol buildings
planning commission, master planning process for state
facilities and for annual updates to master plans, but
excluding any payments for salaries, benefits and costs of
state employees. Any unexpended or unencumbered balance
remaining at the end of fiscal year 2008 shall revert to the
state building bonding fund.
C. Three hundred fifty thousand dollars ($350,000)
of the proceeds from the bonds issued pursuant to Subsection A
of this section are appropriated to the legislative council
service for expenditure in fiscal years 2007 through 2009 for
the purpose of providing funding for the capitol buildings
planning commission, master planning process for state
facilities and annual updates to master plans, but excluding
any payments for salaries, benefits and costs of state
employees. Any unexpended or unencumbered balance remaining
at the end of fiscal year 2009 shall revert to the state
building bonding fund."
Section 5. SEVERANCE TAX BONDS--STATE LABORATORY
FACILITY.--The state board of finance may issue and sell
severance tax bonds in compliance with the Severance Tax
Bonding Act in an amount not exceeding eleven million dollars
($11,000,000) when the property control division of the
pg_0008
SFC/SB 1061
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
general services department certifies the need for the
issuance of the bonds. The state board of finance shall
schedule the issuance and sale of the bonds in the most
expeditious and economical manner possible upon a finding by
the board that the project has been developed sufficiently to
justify the issuance and that the project can proceed to
contract within a reasonable time. The state board of finance
shall further take the appropriate steps necessary to comply
with the Internal Revenue Code of 1986, as amended. The
proceeds from the sale of the bonds are appropriated to the
property control division of the general services department
for the purpose of acquiring land and planning, designing,
constructing and equipping the state laboratory facility in
Bernalillo county. Any unexpended or unencumbered balance
remaining at the end of fiscal year 2012 shall revert to the
severance tax bonding fund. If the property control division
of the general services department has not certified the need
for the issuance of the bonds by the end of fiscal year 2009,
the authorization provided in this section shall expire.
Section 6. APPROPRIATIONS.--
A. The following amounts from the following
sources are appropriated to the property control division of
the general services department for expenditure in fiscal
years 2007 through 2009 for the acquisition of the property
within the west capitol complex owned by the United States
pg_0009
SFC/SB 1061
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
general services administration and the United States forest
service. Any unexpended or unencumbered balance remaining at
the end of fiscal year 2009 shall revert proportionately to
the originating fund:
(1) one million five hundred thousand
dollars ($1,500,000) from the property control reserve fund;
and
(2) three million five hundred thousand
dollars ($3,500,000) from the public buildings repair fund.
B. One million dollars ($1,000,000) is
appropriated from the general fund to the property control
division of the general services department for expenditure in
fiscal years 2007 through 2009 for the planning and designing
of a New Mexico state police crime laboratory to be located
adjacent to or within close proximity to the state laboratory
facility in Bernalillo county. Any unexpended or unencumbered
balance remaining at the end of fiscal year 2009 shall revert
to the general fund.
Section 7. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.