SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
SENATE BILL 53
50th legislature - STATE OF NEW MEXICO - first session, 2011
AN ACT
RELATING TO STATE LANDS; REQUIRING PUBLICATION ON THE STATE LAND OFFICE WEB SITE OF CERTAIN DOCUMENTATION FOR THE SALE, EXCHANGE OR LEASE OF STATE LANDS FOR REAL ESTATE PLANNING OR DEVELOPMENT PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-16D-3 NMSA 1978 (being Laws 2010, Chapter 34, Section 3) is amended to read:
"10-16D-3. SUNSHINE PORTAL--DEPARTMENT DUTIES.--
A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet web site that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for the purpose of governmental transparency and accountability to taxpayers.
B. No later than October 1, 2010, the department shall create the architecture and the information exchange process for the collection and electronic publication of the state's financial information.
C. No later than July 1, 2011, the sunshine portal shall be available for public access and include updated information as required by Subsection D of this section.
D. The sunshine portal shall provide, at a minimum, access to the following information:
(1) the state's cash balances by account or fund;
(2) a monthly summary of the state's investment accounts under the control of the state investment council;
(3) annual operating budgets for each state agency with monthly expenditures by category;
(4) contracts that a state agency enters into for the lease, sale or development of state land or if they have a total value of more than twenty thousand dollars ($20,000), naming both the recipient and purpose of the contract;
(5) the revenue that the state received in the preceding month by source, such as type of tax, fee, fine, administrative fee or other collection category;
(6) special appropriations received outside the general appropriation act by each state agency and the purpose of those appropriations;
(7) approved budget adjustment requests by state agency and affected budget category;
(8) reversions and cash balances by state agency and fund;
(9) appropriations for capital projects, identified by project location, type of project and funding source;
(10) a directory of all employee positions, other than exempt employee positions, identified only by state agency, position title and salary;
(11) a directory of all exempt employee positions, identified by state agency, position title, salary and the name of the individual that holds the position;
(12) a link to an open meeting tracker web site upon which each state agency shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;
(13) a link to New Mexico's statutes;
(14) a link to the New Mexico Administrative Code;
(15) a link to the secretary of state's web sites for lobbyist regulation;
(16) a link to the state land office's web site for information related to the sale, exchange or lease of state land for real estate planning or development purposes pursuant to Subsection A of Section 4 of this 2011 act;
[(16)] (17) an annual summary within three months after the end of the fiscal year of the state's fiscal health, including the state budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; and
[(17)] (18) additional information, as required by rule of the department of finance and administration, that will assist the public in understanding state government operations and the use of taxpayer dollars.
E. State agencies shall provide updated financial information as frequently as possible but at least monthly.
F. The department shall update the web site as new information is received but at least monthly, include information from the previous month or year, where relevant, for comparison purposes and maintain the web site as the primary source of public information about the activity of the state government."
SECTION 2. Section 19-1-1 NMSA 1978 (being Laws 1912, Chapter 82, Section 1, as amended) is amended to read:
"19-1-1. STATE LAND OFFICE CREATED--COMMISSIONER--POWERS.--[Section 1.] A "state land office" is [hereby] created, the executive officer of which shall be the "commissioner of public lands", [herein after called] referred to in Chapter 19 NMSA 1978 as the "commissioner", who shall have jurisdiction over all lands owned [in this chapter] by the state, except as may be otherwise specifically provided by law, and shall have the management, care, custody, control and disposition [thereof] of such lands in accordance with the provisions of [this] Chapter 19 NMSA 1978 and the [law or] laws under which such lands have been or may be acquired."
SECTION 3. Section 19-7-9 NMSA 1978 (being Laws 1971, Chapter 93, Section 1, as amended) is amended to read:
"19-7-9. SALE AND LEASE OF STATE LANDS--CONVEYANCE FOR TERM OF YEARS--TERMS AND CONDITIONS.--Any state lands offered for sale by the commissioner may be sold at the commissioner's discretion for cash or upon payment of not less than one-tenth of the purchase price in cash and payment of the balance in amortized installments for any period up to thirty years with interest on the principal balance at a rate to be set by the commissioner in the notice of auction pertaining to the particular sale in advance. Additional payments on the principal may be made at any time, but such payments shall not be effective for credit until the date the next installment is due. The purchase contract shall be upon a form prescribed by the commissioner prior to publication of the notice of auction and shall contain the terms and conditions the commissioner may deem to be in the best interest of the state and consistent with law. Should a purchaser die before completing the contract, the due date of the next installment payment shall, upon written application, be deferred by the commissioner for one year. In addition, the commissioner is authorized to convey for any period of time state lands under the commissioner's jurisdiction having value for commercial development or public use purposes, provided that:
A. all of the requirements for the disposition of lands set forth in the constitution of New Mexico and the [New Mexico] Enabling Act for New Mexico are complied with, including but not limited to those pertaining to appraisal at true value, advertising and public auction;
B. the term and nature of the estate to be conveyed is set forth in the public notice of auction pertaining to the particular conveyance; [and]
C. if the conveyance is a business lease for real estate planning or development purposes, then, notwithstanding the term of the lease, it shall only be issued after:
(1) notice and competitive bid; and
(2) compliance with Section 4 of this 2011 act; and
D. if the conveyance is for the sale or exchange of state land for real estate planning or development purposes, then, notwithstanding the terms of the purchase contract, it shall only be issued after compliance with Section 4 of this 2011 act."
SECTION 4. A new section of Chapter 19, Article 7 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SALE, EXCHANGE OR LEASE OF STATE LANDS FOR REAL ESTATE PLANNING OR DEVELOPMENT PURPOSES--PUBLICATION ON STATE LAND OFFICE WEB SITE.--
A. At least thirty days prior to the execution of a conveyance for the sale, exchange or lease of state land, the commissioner shall publish on the state land office web site documentation of the following items related to each conveyance:
(1) the appraised value of the land and date of the appraisal, performed by an external certified appraiser or by an appraiser from the state land office;
(2) a summary of the state land office's internal review of the appraisal, if performed by the external certified appraiser;
(3) the terms of and supporting explanations for the improvement value credit negotiated between the developer and the state land office;
(4) the current use of the land;
(5) the current lease revenue, if any, on the state land;
(6) the commissioner's justification for determining that entering the sale, exchange or lease is in the best interest of the beneficiaries of the state land; and
(7) any other elements that influenced the decision to make the sale, exchange or lease.
B. At least thirty days prior to the execution of a conveyance for the sale, exchange or lease of state land for real estate planning or development purposes, the commissioner shall provide a link to the department of information technology to provide access on the sunshine portal to the information published on the state land office web site pursuant to Subsection A of this section. Within thirty days after the termination of a lease for real estate planning or development purposes, the commissioner shall publish on the state land office web site the:
(1) appraised value of the land at the time the lease was made, as described in Paragraph (1) of Subsection A of this section;
(2) appraised value of the land at the termination of the lease, performed by an external certified appraiser or an appraiser from the state land office; and
(3) summary of the state land office's internal review of the appraisal performed by the external certified appraiser."
SECTION 5. APPLICABILITY.--The provisions of this act apply to all sales, exchanges or leases of state land entered into by the commissioner of public lands on or after July 1, 2011.
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