A. A financing agreement under which a state agency is to occupy a building or other real property and that contains an option to purchase for a price that is reduced according to the lease payments made is subject to the following criteria:
(1) the agreement shall not become effective until it has been ratified and approved by the legislature; and
(2) if the state agency is subject to the jurisdiction of the facilities management division of the general services department pursuant to the Property Control Act [Chapter 15, Article 3B NMSA 1978], the agreement shall provide that, if the real property is purchased, title to the real property shall be issued in the name of the facilities management division.
B. Legislative ratification and approval of an agreement pursuant to Subsection A of this section shall not create a legal obligation for the state agency to continue the lease from year to year or to purchase the real property.
C. As used in this section, "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions, but "state agency" does not include state educational institutions or state-chartered charter schools.
History: Laws 2007, ch. 184, § 1; 2013, ch. 115, § 15.
Cross references. — For lease purchase agreements, see N.M. Const., Art IX, § 8.
The 2013 amendment, effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and in Paragraph (2) of Subsection A, deleted "property control" and added "facilities management" before "division".
Structure 2021 New Mexico Statutes
Chapter 15 - Administration of Government
Article 3 - Miscellaneous State Buildings Provisions
Section 15-3-4 - Purpose of act.
Section 15-3-5 - Penitentiary property transferred.
Section 15-3-6 - Lease of former penitentiary land.
Section 15-3-6.1 - State penitentiary; lease for motion pictures.
Section 15-3-7 to 15-3-10 - Repealed.
Section 15-3-11 to 15-3-12 - Recompiled.
Section 15-3-12.1 - Water conservation devices; state government building.
Section 15-3-13.1 to 15-3-13.7 - Repealed.
Section 15-3-17 - [Park system near capitol grounds.]
Section 15-3-23.2 - Recompiled.
Section 15-3-24.1 - Capital projects fund; created.
Section 15-3-24.2 - Recompiled.
Section 15-3-25 to 15-3-30 - Repealed.
Section 15-3-31 to 15-3-33 - Repealed.
Section 15-3-34 - Public buildings; flag display.
Section 15-3-35 - Lease-purchase agreements; approval of legislature.
Section 15-3-36 - Energy efficiency standards for public buildings.