0001| AN ACT | 0002| RELATING TO PUBLIC BUILDINGS; PROVIDING FOR REPAIR AND RENOVATION OF | 0003| PUBLIC BUILDINGS AND PURCHASES OF PHYSICAL PLANT EQUIPMENT FOR PUBLIC | 0004| BUILDINGS; CREATING THE PUBLIC BUILDINGS REPAIR FUND; PROVIDING FOR THE | 0005| ASSESSMENT OF BUILDING USE FEES AND DEPOSITS INTO THE FUND; ABOLISHING | 0006| THE LONG-TERM LEASE GUARANTEE FUND; TRANSFERRING BALANCES; MAKING AN | 0007| APPROPRIATION. | 0008| | 0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0010| Section 1. PUBLIC BUILDINGS REPAIR FUND--CREATED--EXPENDITURES.-- | 0011| A. The "public buildings repair fund" is created in the | 0012| state treasury. The fund shall consist of appropriations, building use | 0013| fees, gifts, grants, donations and bequests. Money in the fund shall | 0014| not revert at the end of any fiscal year. The fund shall be | 0015| administered by the property control division of the general services | 0016| department. | 0017| B. Expenditures may be made from the public buildings repair | 0018| fund only for necessary repair, renovation and purchase of physical | 0019| plant equipment for public buildings owned by the state and under the | 0020| control of the property control division. | 0021| C. The property control division shall establish priorities | 0022| for the use of the public buildings repair fund and shall submit to the | 0023| legislature in each regular session a list of recommended expenditures | 0024| to be made from the fund in the following fiscal year. Except as | 0025| provided in Subsection D of this section, the public buildings repair | 0001| fund shall be expended pursuant to appropriations by the legislature. | 0002| D. Upon certification from the secretary of general services | 0003| to the state board of finance that an emergency need for repairs or | 0004| purchase of equipment exists in a public building to which the | 0005| provisions of this section apply, the state board of finance may approve | 0006| such emergency expenditures from the public buildings repair fund. | 0007| Total expenditures pursuant to this subsection shall not exceed two | 0008| hundred thousand dollars ($200,000) a year. The state board of finance | 0009| shall report emergency expenditures to the legislative finance | 0010| committee. | 0011| Section 2. BUILDING USE FEES--TRANSFERS TO FUND.--The secretary | 0012| of general services shall establish a schedule of building use fees for | 0013| state agencies occupying space in state-owned buildings under the | 0014| control of the property control division of the general services | 0015| department. The building use fees shall equal the estimated cost for | 0016| the next fiscal year of planned and emergency repairs, renovations and | 0017| purchase of physical plant equipment; provided that total fees shall not | 0018| exceed ten million dollars ($10,000,000) in any fiscal year. The | 0019| building use fees shall be included in the budget requests of pertinent | 0020| state agencies beginning with fiscal year 1998. At the beginning of | 0021| each fiscal year, the department of finance and administration shall | 0022| transfer to the public buildings repair fund the amounts appropriated | 0023| for building use fees. | 0024| Section 3. Section 15-3-11 NMSA 1978 (being Laws 1968, Chapter | 0025| 43, Section 5, as amended) is amended to read: | 0001| "15-3-11. BUILDING AND REMODELING--LEASING.-- | 0002| A. The director of the property control division of the gen- | 0003| eral services department has the authority to do all acts necessary and | 0004| proper for the redesigning, major renovation and remodeling of present | 0005| state buildings and the erection of additional state buildings when | 0006| needed. The director of the property control division may let contracts | 0007| for these purposes made according to the established state purchasing | 0008| procedures for contracts of the type and amount let. However, all such | 0009| remodeling, major renovation and construction must first be approved by | 0010| the state board of finance. This subsection shall not apply to any re- | 0011| designing, major renovation or remodeling or the erection of additional | 0012| state buildings exempt from the control of the property control division | 0013| pursuant to Section 15-3-2 NMSA 1978. | 0014| B. The director of the property control division, subject to | 0015| the approval of the state board of finance and after following the bid- | 0016| ding procedures required by the Procurement Code for the purchase of | 0017| tangible personal property, has the authority to enter into long-term | 0018| leases, for periods not to exceed ten years, of vacant lands where the | 0019| lessor contracts with the state to construct and complete buildings, | 0020| subject to the approval of the staff architect, as a condition precedent | 0021| to the start of the rental term. Such buildings shall comply with | 0022| applicable standards for the physically handicapped and applicable | 0023| codes. No lease shall be executed under this subsection until the staff | 0024| architect created under the provisions of Section 15-3-13 NMSA 1978 has | 0025| filed with the legislative finance committee a detailed statement of his | 0001| evaluation and approval of the proposed building." | 0002| Section 4. Section 15-3-14 NMSA 1978 (being Laws 1968, Chapter | 0003| 43, Section 8, as amended) is amended to read: | 0004| "15-3-14. LEASE OF LAND OR BUILDINGS FOR PRIVATE USE.--The direc- | 0005| tor of the property control division of the general services department | 0006| may lease any land or building under his control to private use until | 0007| the land or building is needed for public use. All income from the | 0008| leases shall be deposited in the public buildings repair fund. All | 0009| leases shall be made in accordance with Sections 13-6-2.1 and 13-6-3 | 0010| NMSA 1978. The property control division shall establish building use | 0011| fees at the current fair-market value for property under its control; | 0012| provided that this provision does not apply to residences furnished to | 0013| state officials or employees for the legitimate convenience of the | 0014| employer and that are not taxable benefits for general income tax | 0015| purposes. Beginning with fiscal year 1997, all state departments and | 0016| institutions whose property is under the control of the property control | 0017| division shall remit building use fees collected from lessees to the | 0018| property control division for deposit into the public buildings repair | 0019| fund. Departments and institutions may charge separate utility costs | 0020| for property where the property is not separately metered, and those | 0021| costs may be deposited to the credit of the department's or | 0022| institution's operating budget." | 0023| Section 5. TEMPORARY PROVISION--TRANSFER OF FUNDS.--On the | 0024| effective date of this act, all fund balances in the long-term lease | 0025| guarantee fund are transferred to the public buildings repair fund. The | 0001| state treasurer shall take the necessary actions to accomplish the | 0002| transfer of funds. | 0003| Section 6. EFFECTIVE DATE.--The effective date of the provisions | 0004| of this act is July 1, 1996. | 0005| | 0006| HB | 0007| 349 | 0008| Page  |