SENATE BILL 264

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO PUBLIC PROPERTY; ALLOWING LEASES LONGER THAN TWENTY-FIVE YEARS UNDER CERTAIN CIRCUMSTANCES.

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

     SECTION 1. Section 13-6-3 NMSA 1978 (being Laws 1961, Chapter 41, Section 1, as amended by Laws 2003, Chapter 142, Section 4 and by Laws 2003, Chapter 349, Section 23) is amended to read:

     "13-6-3. SALE, TRADE OR LEASE OF REAL PROPERTY BY STATE AGENCIES--APPROVAL OF LEGISLATURE--EXCEPTIONS.--

          A. [Any] Except as provided in Subsection B of this section, the sale, trade or lease for a period exceeding twenty-five years in duration of real property belonging to [any] a state agency, which sale, trade or lease [shall be] is for a consideration of one hundred thousand dollars ($100,000) or more, shall be subject to the ratification and approval of the state legislature prior to the sale, trade or lease becoming effective. The provision specified in Section 13-6-2 NMSA 1978 requiring approval of the state budget division of the department of finance and administration as a prerequisite to consummating such sales or dispositions of realty shall not be applicable in instances [wherein] in which the consideration for the sale, trade or lease [shall be] is for a consideration of one hundred thousand dollars ($100,000) or more and [wherein] in which a state agency not specifically excepted by Subsection [B] C of this section is a contracting party, and, in every such instance, the legislature shall specify its approval prior to the sale, trade or lease becoming effective.

          B. The provisions of Subsection A of this section do not apply to leases of state real property that are in the interest of the state and that may require more than twenty-five years' duration to accomplish proper execution and financing of the lease purposes; provided that the lease duration shall not exceed the useful life of buildings built on the real property being leased. Prior to entering into a lease of real property under the jurisdiction and control of the facilities management division of the general services department for longer than twenty-five years, the capitol buildings planning commission shall first review and approve the lease. At the end of the lease period, all improvements, including buildings and fixtures, shall be the property of the state without exception.

          [B.] C. The provisions of this section shall not be applicable as to those institutions specifically enumerated in Article 12, Section 11 of the constitution of New Mexico, the state land office, the state transportation commission or the economic development department when disposing of property acquired pursuant to the Statewide Economic Development Finance Act."

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