HOUSE BILL 968
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO PUBLIC PROPERTY; REQUIRING STATE AGENCIES, LOCAL PUBLIC BODIES AND SCHOOL DISTRICTS TO BE GIVEN A RIGHT OF FIRST REFUSAL BEFORE THE SALE, TRADE OR LEASE OF CERTAIN PUBLIC PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 13-6-2 NMSA 1978 (being Laws 1979, Chapter 195, Section 3, as amended) is amended to read:
"13-6-2. SALE OF PROPERTY BY STATE AGENCIES OR LOCAL PUBLIC BODIES--AUTHORITY TO SELL OR DISPOSE OF PROPERTY--APPROVAL OF APPROPRIATE APPROVAL AUTHORITY.--
A. Providing a written determination has been made, a state agency, local public body, school district or state educational institution may sell or otherwise dispose of real or tangible personal property belonging to the state agency, local public body, school district or state educational institution.
B. A state agency, local public body, school district or state educational institution may sell or otherwise dispose of real property:
(1) by negotiated sale or donation to an Indian nation, tribe or pueblo located wholly or partially in New Mexico, or to a governmental unit of an Indian nation, tribe or pueblo in New Mexico, that is authorized to purchase land and control activities on its land by an act of congress or to purchase land on behalf of the Indian nation, tribe or pueblo;
(2) by negotiated sale or donation to other state agencies, local public bodies, school districts or state educational institutions;
(3) through the central purchasing office of the state agency, local public body, school district or state educational institution by means of competitive sealed bid, public auction or negotiated sale to a private person or to an Indian nation, tribe or pueblo in New Mexico; or
(4) if a state agency, through the federal property assistance bureau of the general services department.
C. A state agency shall give the federal property assistance bureau of the general services department the right of first refusal to dispose of tangible personal property of the state agency. A school district may give the department the right of first refusal to dispose of tangible personal property of the school district.
D. Except as provided in Section 13-6-2.1 NMSA 1978 requiring state board of finance approval for certain transactions, sale or disposition of real or tangible personal property having a current resale value of more than five thousand dollars ($5,000) may be made by a state agency, local public body, school district or state educational institution if the sale or disposition has been approved by the state budget division of the department of finance and administration for state agencies, the local government division of the department of finance and administration for local public bodies, the public education department for school districts and the [commission on] higher education department for state educational institutions.
E. Prior approval of the appropriate approval authority is not required if the tangible personal property is to be used as a trade-in or exchange pursuant to the provisions of the Procurement Code.
F. The appropriate approval authority [may] described in Subsection D of this section shall condition the approval of the sale or other disposition of real or tangible personal property upon the property being offered for sale at appraised value or donation to a state agency, local public body, school district or state educational institution.
G. The appropriate approval authority may credit a payment received from the sale of such real or tangible personal property to the governmental body making the sale. The state agency, local public body, school district or state educational institution may convey all or any interest in the real or tangible personal property without warranty.
H. This section [shall] does not apply to:
(1) computer software of a state agency;
(2) those institutions specifically enumerated in Article 12, Section 11 of the constitution of New Mexico;
(3) the New Mexico state police division of the department of public safety;
(4) the state land office or the department of transportation;
(5) property acquired by a museum through abandonment procedures pursuant to the Abandoned Cultural Properties Act;
(6) leases of county hospitals with any person pursuant to the Hospital Funding Act;
(7) property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act; and
(8) the state parks division of the energy, minerals and natural resources department."
Section 2. Section 13-6-2.1 NMSA 1978 (being Laws 1989, Chapter 380, Section 1, as amended by Laws 2003, Chapter 142, Section 3 and by Laws 2003, Chapter 349, Section 22) is amended to read:
"13-6-2.1. SALES, TRADES OR LEASES--BOARD OF FINANCE APPROVAL.--
A. Except as provided in Section 13-6-3 NMSA 1978, for state agencies, any sale, trade or lease for a period of more than five years of real property belonging to a state agency, local public body or school district or any sale, trade or lease of such real property for a consideration of more than twenty-five thousand dollars ($25,000) shall not be valid unless it is approved prior to its effective date by the state board of finance. The state board of finance shall condition its approval on the real property first being offered for sale, trade or lease at appraised value to state agencies, local public bodies and school districts.
B. 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."
Section 3. 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] Subject to the right of first refusal required in Subsection B of this section, a 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] by the [state] legislature prior to the sale, trade or lease becoming effective. The provision [specified in] of Section 13-6-2 NMSA 1978 requiring prior approval [of] by the state budget division of the department of finance and administration [as a prerequisite to consummating such] of sales or dispositions of realty shall not be applicable in instances [wherein] where the consideration for the sale, trade or lease [shall be for a consideration of] is one hundred thousand dollars ($100,000) or more and [wherein] where a state agency not specifically excepted by Subsection [B] C of this section is a contracting party, and, in [every such instance] those instances, the legislature shall specify its approval prior to the sale, trade or lease becoming effective.
B. Prior to submitting a sale, trade or lease of twenty-five years or more in duration of real property for ratification and approval by the legislature pursuant to Subsection A of this section, a state agency desiring the transaction shall offer other state agencies a right of first refusal to purchase, trade for or lease the real property at, or based upon, its appraised value. The offer shall be made by publishing the offer and information about the real property and its location, its legal description and its appraised value twice a month for two months in the New Mexico register. A state agency desiring to accept the offer shall comply with applicable real property purchase, trade or lease requirements of the property control division of the general services department before accepting the offer. The offering state agency shall sell, trade or lease the real property to the first state agency that accepts the offer, subject to ratification and approval by the legislature. If no state agency accepts the offer within thirty days of the last publication date of the offer, the offering agency may proceed with its original sale, trade or lease plans and shall seek legislative ratification and approval.
[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."
Section 4. Section 13-6-5 NMSA 1978 (being Laws 2005, Chapter 251, Section 1) is amended to read:
"13-6-5. SALE OF REAL PROPERTY BY STATE AGENCIES--LAND GRANT RIGHT OF FIRST REFUSAL.--
A. Notwithstanding the provisions of Section 13-6-2, 13-6-2.1, 13-6-3 or 67-3-8.2 NMSA 1978, a state agency shall give the board of trustees of a community land grant governed pursuant to the provisions of Chapter 49, Article 1 NMSA 1978 or by statutes specific to the named land grant the right of first refusal when selling real property belonging to the state agency if the property is land that is located within the boundaries of that community land grant as shown in the United States patent to the grant.
B. If the board of trustees of the community land grant elects not to purchase the land offered for sale or does not respond to the notice of sale within forty-five days of receipt of the notice, the state agency may otherwise dispose of the property in accordance with applicable law.
C. The provisions of this section do not apply to lands held in trust pursuant to the Enabling Act and for which that act prescribes how that land may be disposed of.
D. The provisions of this section do not apply to the conveyance or transfer of state highways to local government entities."
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