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