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AN ACT

RELATING TO STATE BUILDINGS; EXPANDING THE PLANNING AUTHORITY

OF THE CAPITOL BUILDINGS PLANNING COMMISSION; CHANGING THE

MEMBERSHIP OF THE COMMISSION; AUTHORIZING AN ADDITIONAL

AMOUNT OF STATE OFFICE BUILDING TAX REVENUE BONDS; INCREASING

THE AMOUNT OF A CERTAIN TAX DISTRIBUTION; MAKING

APPROPRIATIONS FOR MASTER PLANNING AND THE PLANNING AND

DESIGN OF CERTAIN STATE FACILITIES AND THE ACQUISITION OF

CERTAIN PROPERTY; AUTHORIZING SEVERANCE TAX BONDS FOR

COMPLETING THE STATE LABORATORY FACILITY; DECLARING AN

EMERGENCY.

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

Section 1. 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.--

A. The "capitol buildings planning commission" is

created to study and plan for the long-range facilities needs

of state government in the greater metropolitan areas of Las

Cruces, Santa Fe and Albuquerque. The commission shall

review prior long-range facilities needs assessments and

develop an initial master plan for the state facilities in

the greater metropolitan areas of Las Cruces, Santa Fe and

Albuquerque. After development of the initial master plan,

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the commission shall conduct a review of state properties

throughout the state for the development of an overall master

plan.

B. 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, the state treasurer, 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.

C. The legislative council service shall provide

staff for the commission in coordination with the staff

architect and other staff of the property control 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 2. Section 7-1-6.42 NMSA 1978 (being Laws 2001,

Chapter 199, Section 12, as amended) is amended to read:

"7-1-6.42. DISTRIBUTION--STATE BUILDING BONDING

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FUND--GROSS RECEIPTS TAX.--A distribution pursuant to

Section 7-1-6.1 NMSA 1978 shall be made to the state building

bonding fund in the amount of five hundred thirty thousand

dollars ($530,000) from the net receipts attributable to the

gross receipts tax imposed by the Gross Receipts and

Compensating Tax Act. The distribution shall be made:

A. after the required distribution pursuant to

Section 7-1-6.4 NMSA 1978;

B. contemporaneously with other distributions of

net receipts attributable to the gross receipts tax for

payment of debt service on outstanding bonds or to a fund

dedicated for that purpose; and

C. prior to any other distribution of net receipts

attributable to the gross receipts tax."

Section 3. Laws 2001, Chapter 166, Section 1, as

amended by Laws 2004, Chapter 123, Section 6 and by Laws 2005,

Chapter 320, Section 1, is amended to read:

"Section 1. AUTHORIZATION TO ACQUIRE PROPERTY--

APPROPRIATION.--

A. In order to acquire the following properties

for use as state agency offices in Santa Fe county, the

property control division of the general services department

may:

(1) purchase and renovate, equip and furnish

the national education association building on South Capitol

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street;

(2) plan, design, construct, equip and

furnish a new office building with integrated parking at the

west capitol complex on Cerrillos road, pursuant to the design

funded by Subsection I of Section 14 of Chapter 118 of Laws

1998, at a price not to exceed twenty-five million dollars

($25,000,000);

(3) purchase and renovate, equip and furnish

the public employees retirement association building on Paseo

de Peralta; and

(4) purchase land within or in close

proximity to the public safety campus as set out in the

capitol buildings master plan developed by the capitol

buildings planning commission; provided that no land shall be

purchased pursuant to this paragraph that does not have, in

place, water, sewer, electricity and other necessary

infrastructure.

B. In addition to the acquisitions authorized in

Subsection A of this section, the property control division of

the general services department may:

(1) in cooperation with the New Mexico

legislative council, pursuant to the capitol buildings master

plan developed by the capitol buildings planning commission

and after review by the commission plan, design, construct and

equip a parking structure in the central capitol campus in

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Santa Fe. Upon completion of the parking structure, the

property control division shall transfer the parking structure

and associated real estate to the New Mexico legislative

council. After the transfer, the legislative council shall

operate and maintain the parking structure;

(2) expend net proceeds from state office

building tax revenue bonds to acquire land and plan, design,

construct and equip a state laboratory facility in Bernalillo

county; and

(3) pursuant to the capitol buildings master

plan, acquire the property within the central capitol campus

in Santa Fe known as the "Coughlin building".

C. The acquisitions of property pursuant to

Subsection A of this section shall be made in the priority

order listed in that subsection. Purchases authorized in

Paragraphs (1), (2) and (4) of Subsection A of this section

shall be made at a price not to exceed the value of the

property established by the taxation and revenue department

using generally accepted appraisal techniques for the type of

property purchased. The purchase authorized in Paragraph (3)

of Subsection A of this section shall be made at a price

negotiated with the retirement board of the public employees

retirement association that is not less than the fair market

value of the property and building."

Section 4. Laws 2001, Chapter 166, Section 2, as

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amended by Laws 2004, Chapter 123, Section 7 and by Laws 2005,

Chapter 320, Section 4, is amended to read:

"Section 2. STATE OFFICE BUILDING TAX REVENUE BONDS--

AUTHORIZATION--CONTINGENCY.--

A. The New Mexico finance authority may issue and

sell state office building tax revenue bonds in compliance

with the State Building Bonding Act when the director of the

property control division of the general services department

certifies to the authority that the proceeds from the state

office building tax revenue bonds are needed for one or more

of the purposes specified in Laws 2001, Chapter 166, Section

1, as amended by Section 3 of this 2007 act; provided that the

total amount of state office building tax revenue bonds

outstanding at any one time shall not exceed one hundred

million dollars ($100,000,000). The authority shall schedule

the issuance and sale of the bonds in the most expeditious and

economical manner possible. Except as provided in Subsections

B and C of this section, net proceeds from the sale of the

bonds are appropriated to the property control division of the

general services department for expenditure in fiscal year

2001 and subsequent fiscal years for the purposes specified in

Laws 2001, Chapter 166, Section 1, as amended by Section 3 of

this 2007 act.

B. Two hundred fifty thousand dollars ($250,000)

of the proceeds from the bonds issued pursuant to Subsection A

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of this section are appropriated to the legislative council

service for expenditure in fiscal years 2004 through 2008 for

the purpose of providing funding for the capitol buildings

planning commission, master planning process for state

facilities and for annual updates to master plans, but

excluding any payments for salaries, benefits and costs of

state employees. Any unexpended or unencumbered balance

remaining at the end of fiscal year 2008 shall revert to the

state building bonding fund.

C. Three hundred fifty thousand dollars ($350,000)

of the proceeds from the bonds issued pursuant to Subsection A

of this section are appropriated to the legislative council

service for expenditure in fiscal years 2007 through 2009 for

the purpose of providing funding for the capitol buildings

planning commission, master planning process for state

facilities and annual updates to master plans, but excluding

any payments for salaries, benefits and costs of state

employees. Any unexpended or unencumbered balance remaining

at the end of fiscal year 2009 shall revert to the state

building bonding fund."

Section 5. SEVERANCE TAX BONDS--STATE LABORATORY

FACILITY.--The state board of finance may issue and sell

severance tax bonds in compliance with the Severance Tax

Bonding Act in an amount not exceeding eleven million dollars

($11,000,000) when the property control division of the

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general services department certifies the need for the

issuance of the bonds. The state board of finance shall

schedule the issuance and sale of the bonds in the most

expeditious and economical manner possible upon a finding by

the board that the project has been developed sufficiently to

justify the issuance and that the project can proceed to

contract within a reasonable time. The state board of finance

shall further take the appropriate steps necessary to comply

with the Internal Revenue Code of 1986, as amended. The

proceeds from the sale of the bonds are appropriated to the

property control division of the general services department

for the purpose of acquiring land and planning, designing,

constructing and equipping the state laboratory facility in

Bernalillo county. Any unexpended or unencumbered balance

remaining at the end of fiscal year 2012 shall revert to the

severance tax bonding fund. If the property control division

of the general services department has not certified the need

for the issuance of the bonds by the end of fiscal year 2009,

the authorization provided in this section shall expire.

Section 6. APPROPRIATIONS.--

A. The following amounts from the following

sources are appropriated to the property control division of

the general services department for expenditure in fiscal

years 2007 through 2009 for the acquisition of the property

within the west capitol complex owned by the United States

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general services administration and the United States forest

service. Any unexpended or unencumbered balance remaining at

the end of fiscal year 2009 shall revert proportionately to

the originating fund:

(1) one million five hundred thousand

dollars ($1,500,000) from the property control reserve fund;

and

(2) three million five hundred thousand

dollars ($3,500,000) from the public buildings repair fund.

B. One million dollars ($1,000,000) is

appropriated from the general fund to the property control

division of the general services department for expenditure in

fiscal years 2007 through 2009 for the planning and designing

of a New Mexico state police crime laboratory to be located

adjacent to or within close proximity to the state laboratory

facility in Bernalillo county. Any unexpended or unencumbered

balance remaining at the end of fiscal year 2009 shall revert

to the general fund.

Section 7. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.