SENATE BILL 237
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Stuart Ingle
AN ACT
RELATING TO PUBLIC PROPERTY; PROVIDING ADDITIONAL AUTHORITY TO ACQUIRE REAL PROPERTY FROM THE PROPERTY CONTROL RESERVE FUND; REQUIRING REVIEW AND APPROVAL OR PRIOR AUTHORIZATION OF CERTAIN STATE AGENCY REAL PROPERTY TRANSACTIONS BY THE CAPITOL BUILDINGS PLANNING COMMISSION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 15-3B-20 NMSA 1978 (being Laws 1998, Chapter 58, Section 1, as amended) is amended to read:
"15-3B-20. PROPERTY CONTROL RESERVE FUND--CREATED--PURPOSE--REAL PROPERTY ACQUISITION.--
A. The "property control reserve fund" is created in the state treasury. The purpose of the fund is to provide a reserve account from which the division can purchase, construct or renovate or plan for the construction or renovation of state office buildings, in particular to alleviate the state's reliance on leased office space. The fund shall consist of appropriations, money from the sale of real property under the jurisdiction of the division, gifts, grants, donations, bequests and income from investment of the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year. The division shall administer the fund subject to appropriation by the legislature. The legislature shall appropriate money in the fund to the division to purchase or acquire land and purchase, construct or renovate or plan for the construction or renovation of state office buildings in accordance with the state's four-year major capital improvements plan. Disbursements from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director or the director's authorized representative.
B. In addition to the appropriation of the fund in Subsection A of this section, after a review and approval by the capitol buildings planning commission of a proposed acquisition of real property that the division determines is favorable to the state, the division may encumber and expend any unappropriated portion of the fund to make the proposed acquisition."
SECTION 2. 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--REVIEW AND PRIOR AUTHORIZATION OF REAL PROPERTY DISPOSITION.--
A. The "capitol buildings planning commission" is created. 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 or the secretary's designee, the state treasurer or the state treasurer's designee, 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.
B. The commission shall:
(1) study and plan for the long-range facilities needs of state government in the greater metropolitan areas of Las Cruces, Santa Fe and Albuquerque and, after developing an initial master plan for the state facilities in those areas, conduct a review of state properties throughout the state for the development of an overall master plan;
(2) review and if warranted give:
(a) approval to the acquisition of real property by the facilities management division of the general services department using unappropriated money in the property control reserve fund pursuant to Section 15-3B-20 NMSA 1978; and
(b) prior authorization to the sale, trade, lease or other disposition of real property belonging to a state agency before a state agency submits that transaction to the state board of finance for approval pursuant to Section 13-6-2.1 NMSA 1978 or to the legislature for ratification and approval pursuant to Section 13-6-3 NMSA 1978. The commission shall adopt criteria to implement its review and prior authorization duties. As used in this subparagraph, "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions other than state educational institutions;
[(2)] (3) review proposed lease-purchase agreements pursuant to Section 15-10-2 NMSA 1978;
[(3)] (4) work with the general services department and other state agencies in developing recommendations for addressing deferred maintenance on state facilities and disposal strategies for aging facilities no longer able to serve their mission; and
[(4)] (5) utilizing life cycle costing, work with the general services department in developing recommendations regarding whether the state should lease, lease-purchase or purchase needed additional facilities.
C. The legislative council service shall provide staff for the commission in coordination with the staff architect and other staff of the facilities management 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 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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