2021 New Mexico Statutes
Article 3B - Property Control
Section 15-3B-7 - Lease of land or buildings for private use.

A. The division may lease any land or building under its jurisdiction to private use until the land or building is needed for public use. All income from the leases shall be deposited in the public buildings repair fund. All leases shall be made in accordance with Sections 13-6-2.1 and 13-6-3 NMSA 1978. The division shall establish building use fees by rule for property under its jurisdiction; provided that this provision does not apply to residences furnished to state officials or employees for the legitimate convenience of the employer and that are not taxable benefits for general income tax purposes. All state departments and institutions whose property is under the jurisdiction of the division shall remit building use fees collected from lessees to the division for deposit into the public buildings repair fund. Departments and institutions may charge separate utility costs for property where the property is not separately metered, and those costs may be deposited to the credit of the department's or institution's operating budget.
B. The division, subject to the approval of the state board of finance and after following the bidding procedures required by the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] for the purchase of tangible personal property, may enter into long-term leases of vacant lands where the lessor contracts with the state to construct and complete buildings, subject to the approval of the staff architect, as a condition precedent to the start of the lease term. The buildings shall comply with applicable state and federal laws and codes. A lease shall not be executed pursuant to this subsection until the staff architect has filed with the legislative finance committee a detailed statement of his evaluation and approval of the proposed building.
History: 1953 Comp., § 6-2-32, enacted by Laws 1968, ch. 43, § 8; 1971, ch. 285, § 7; 1977, ch. 247, § 73; 1978, ch. 209, § 2; 1996, ch. 46, § 4; 1978 Comp., § 15-3-14, recompiled and amended as 1978 Comp., § 15-3B-7 by Laws 2001, ch. 319, § 7.
Cross references. — For the public buildings repair fund, see 15-3B-18 NMSA 1978.
The 2001 amendment, effective July 1, 2001, recompiled former 15-3-14 NMSA 1978, as this section; inserted the Subsection A designation to the language of the former section; substituted "division" for "director of the property control division of the general services department"; substituted "by rule" for "at the current fair-market value" in the fourth sentence; added current Subsection B; and made stylistic changes.
The 1996 amendment, effective July 1, 1996, inserted "of the general services department" in the first sentence, substituted "public buildings repair fund" for "long term lease guarantee fund" in the second sentence, substituted "13-6-2.1 and 13-6-3 NMSA 1978" for "6-1-8 and 6-1-8.1 NMSA 1953" in the third sentence, and added the last three sentences.

Structure 2021 New Mexico Statutes