44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO PUBLIC PROPERTY; AUTHORIZING THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT TO ASSIST STATE AGENCIES OTHERWISE EXEMPT FROM THE DIVISION'S CONTROL; AUTHORIZING THE PROPERTY CONTROL DIVISION TO ACT AS LESSEE ON BEHALF OF STATE AGENCIES; PROVIDING ADDITIONAL DUTIES FOR THE STAFF ARCHITECT.

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

Section 1. Section 15-3-2 NMSA 1978 (being Laws 1978, Chapter 166, Section 14, as amended) is amended to read:

"15-3-2. DIRECTOR OF DIVISION--DUTIES--FEDERAL FUNDS.--

A. The director of the property control division of the general services department shall:

(1) have control over all state buildings and lands except those under the control and management of the state highway and transportation department; the state fair commission; state institutions of higher learning; the New Mexico school for the deaf; the New Mexico school for the visually handicapped; the supreme court; the commissioner of public lands; the state armory board, in accordance with Section [20-7-2] 20-8-3 NMSA 1978; the [building] buildings in which the legislature is housed, the adjacent utilities plant and the surrounding grounds; [the museum of New Mexico; and the state library building and adjacent grounds] and the office of cultural affairs. The director shall assign the use or occupancy of state buildings and lands under his control to the state agency or political subdivision [which] that may make the best and highest beneficial use of the property;

(2) regulate the use or occupancy of buildings and real property under his control and make reasonable requirements for the continuation of that use or occupancy;

(3) have custody of all maps, deeds, plats, plans, specifications, contracts, books and other papers connected with state buildings over which he exercises control;

(4) secure copies of all documents of title to all real property under his control held in the name of the state or for the use of the state, and index [such] those documents so that the status of real property held by the state under his control can be readily ascertained;

(5) control the lease or rental of space in private buildings by state executive agencies other than the state land office. The director may act as lessee on behalf of a state agency if he determines it is in the best interest of the state;

[(6) preserve, repair, clean, heat and light the buildings and improvements under his control which are located within the exterior boundaries of the city of Santa Fe, either with his own staff or by contract with private firms;

(7) care for and beautify the grounds and premises under his control which are located within the exterior boundaries of the city of Santa Fe, either with his own staff or by contract with private firms;

(8)] (6) make rules [and regulations] for the conduct of all persons in and about such buildings and grounds necessary and proper for the safety, care and preservation of the buildings and grounds and for the safety and convenience of the persons while they are in and about the buildings and grounds;

[(9)] (7) have the power to sell state buildings and real property under his control in accordance with Sections 13-6-2 and 13-6-3 NMSA 1978. Any such sale shall be by quitclaim deed;

[(10)] (8) have the power to purchase title insurance or a title opinion in conjunction with the sale of state buildings or land; and

[(11)] (9) have the power to enter into contracts for the improvement, alteration and reconstruction of the state buildings under his control, including the executive mansion, and for the design and construction of additional buildings, to the extent funds are available.

B. The provisions of this section shall be subject to federal law or regulation if the buildings or property were purchased with federal funds.

C. When the parties determine that it is in the best interest of the state, the director of the property control division and the governing body of state property, otherwise exempted pursuant to Subsection A of this section, may enter into an agreement pursuant to the Joint Powers Agreements Act for the director to exercise such control and jurisdiction over the state property as is specified in the agreement."

Section 2. Section 15-3-13 NMSA 1978 (being Laws 1978, Chapter 69, Section 1, as amended) is amended to read:

"15-3-13. POSITION OF STAFF ARCHITECT CREATED--DUTIES AND RESPONSIBILITIES.--

A. The position of "staff architect" is created within the property control division of the general services department. The staff architect shall be a legal resident of and an architect registered in the state for at least two years. The staff architect shall assist the director of the property control division in carrying out the provisions and requirements of the Property Control Act, [It shall also be his duty and responsibility] including the duty to:

(1) develop long-range programs for the continuing preservation and repair of buildings and improvements and for the beautification of grounds and premises under the control of the director of the property control division;

(2) conduct continuing review and analysis of requirements for additional structures and facilities to house state agencies;

(3) review plans and specifications developed by architects or engineers contracted for the construction of new buildings or for the remodeling or renovation of existing state buildings under control of the director of the property control division, [insuring] ensuring that all local, state and federal laws and building codes are [complied with] considered, that adequate parking is provided according to law and that adequate safety is provided for such buildings and for all persons while they are in or about the building;

(4) develop or contract for the development of plans and specifications for state projects whose expenditures do not exceed five hundred thousand dollars ($500,000) and for state projects [which] that consist of repair, replacement or remodeling of nonstructural elements of an existing structure or project;

(5) conduct on-site inspections of state buildings while under construction or while being remodeled or repaired to assure that construction specifications are being met. If the state project does not involve expenditures in excess of five hundred thousand dollars ($500,000), this responsibility may be delegated to the user agency. The property control division shall develop a standard form [which] that shall be completed by the user agency in the exercise of this responsibility; and

(6) supervise the inspection of all facilities leased or rented by state agencies or by the property control division as lessee on behalf of the state agencies and recommend structural and facility changes necessary to bring leased or rented facilities up to standard pursuant to Section 60-13-44 NMSA 1978.

B. Any person who was employed as the staff architect who subsequently leaves the position, or any firm he may subsequently be employed by, is prohibited for a period of two years from providing architectural services or bidding on the construction, remodeling or renovation of any state building if he developed or worked on the plans or specifications for such construction, remodeling or renovation while employed as staff architect."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.