2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-4 - Division; duties; federal funds.

A. The division shall:
(1) assign the use or occupancy of state buildings and lands under its jurisdiction to the state agency or political subdivision that may make the best and highest beneficial use of the property;
(2) regulate the use or occupancy of buildings and real property under its jurisdiction and make reasonable requirements for the continuation of that use or occupancy;
(3) establish space standards for buildings under its jurisdiction;
(4) have custody of all maps, deeds, plats, plans, specifications, contracts, books and other papers connected with state buildings under its jurisdiction;
(5) secure copies of all documents of title to all real property under its jurisdiction held in the name of the state or for the use of the state, and index those documents so that the status of real property held by the state under its jurisdiction can be readily ascertained;
(6) control the lease or rental of space in private buildings by state executive agencies other than the state land office, including inspection for code compliance and life and safety issues. The director may act as lessee on behalf of a state agency if the division determines it is in the best interest of the state;
(7) make rules for the conduct of all persons in and about buildings and grounds under its jurisdiction 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;
(8) have the power to sell state buildings and real property under its jurisdiction in accordance with Sections 13-6-2 and 13-6-3 NMSA 1978. Any such sale shall be by quitclaim deed;
(9) have the power to purchase title insurance or a title opinion in conjunction with the sale of state buildings or land;
(10) have the power to enter into contracts for the improvement, alteration and reconstruction of the state buildings under its jurisdiction, including the governor's residence, and for the design and construction of additional buildings, to the extent funds are available;
(11) develop long-range programs for the continuing preservation and repair of buildings and improvements and for beautification of grounds and premises under its jurisdiction;
(12) conduct continuing review and analysis of requirements for additional structures and facilities to house state agencies;
(13) ensure that on-site inspections of capital projects are conducted to verify that construction specifications are being met; and
(14) receive gifts, grants and donations from the federal government or other sources for the public buildings repair fund.
B. The provisions of this section are subject to federal law or rules if the buildings or property was purchased with federal funds.
C. The division and a state agency or institution that controls property exempt from the jurisdiction of the division may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 NMSA 1978] giving the division the power to exercise control of the property as specified in the agreement.
History:
1953 Comp., § 6-2-26, enacted by Laws 1968, ch. 43, § 2; 1971, ch. 285, § 2; 1973, ch. 209, § 1; 1977, ch. 247, § 69; 1977, ch. 385, § 14; repealed and new by Laws 1978, ch. 166, § 14; 1980, ch. 151, § 16; 2001, ch. 293, § 1; 1978 Comp., § 15-3-2, recompiled and amended as 1978 Comp., § 15-3B-4 by Laws 2001, ch. 319, § 4.
ANNOTATIONS
Cross references.
— For transfer of control of state library building to legislative council,
see
2-3-6 NMSA 1978.
For service of director on architect, engineering, and land surveyor selection committee,
see
13-1-121 NMSA 1978.
Laws 2009, ch. 114, § 6,
effective April 6, 2009, amended Laws 2007, ch. 64, § 6 to extend the period for expenditure of funds from the end of fiscal year 2009 to the end of fiscal year 2011 and to extend the time for reversion of unexpended or unencumbered balances from the end of fiscal year 2009 to the end of fiscal year 2011; and to delete former Subsection B, which appropriated one million dollars from the general fund to the property control division for expenditure in fiscal years 2007 through 2009 for a New Mexico state police crime laboratory.
2001 amendments.
— Laws 2001, ch. 319, § 4, effective July 1, 2001, recompiling former 15-3-2 NMSA 1978 as this section; substituting "The division shall" for "The director of the property control division shall" in the introductory language of Subsection A; deleting the former first sentence regarding the exceptions to the control of the director in Paragraph A(1), substituting "its jurisdiction" for "his control" in Paragraphs A(1), (2), (5), (8), and (10); inserting Paragraph A(3) and redesignating the remaining paragraphs accordingly; substituting "under its jurisdiction" for "over which he exercises control" in Paragraph A(4); deleting former Paragraphs A(6) and (7), relating to control of buildings within the city of Santa Fe, and redesignating the remaining paragraphs accordingly; adding the language beginning "including inspection for code compliance" to the end of present Paragraph A(6); inserting "under its jurisdiction" in Paragraph A(7); substituting "governor's residence" for "executive mansion" in Paragraph A(10); adding Paragraphs A(11) to (14) and Subsection C, was approved April 5, 2001. Laws 2001, ch. 293, § 1, effective June 15, 2001, provides:
"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 [department of transportation]; the state fair commission; state institutions of higher learning; regional education cooperatives; 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 20-8-3 NMSA 1978; the building 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. The director shall assign the use or occupancy of state buildings and lands under his control to the state agency or political subdivision 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 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;
"(6) preserve, repair, clean, heat and light the buildings and improvements under his control that 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 that are located within the exterior boundaries of the city of Santa Fe, either with his own staff or by contract with private firms;]
"(8) make rules 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) 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) have the power to purchase title insurance or a title opinion in conjunction with the sale of state buildings or land; and
"(11) 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. If the parties determine that it is in the best interest of the state, the director of the property control division of the general services department and the governing body in control of buildings or land otherwise exempted from the director's control pursuant to Paragraph (1) of Subsection A of this section may enter into an agreement pursuant to the Joint Powers Agreements Act to exercise such control and jurisdiction over the buildings or land as is specified in the agreement."
Because Laws 2001, ch. 293 was approved earlier on April 5, 2001, this section is set out as amended by Laws 2001, ch. 319, § 4. See 12-1-8 NMSA 1978.
Governor's authority to order flags be flown at half-staff.
— There is no express constitutional or legislative grant of authority to the governor to order that the New Mexico state flag be flown at half-staff, but the legislature has granted broad managerial authority within the executive department, which consists of statutorily created departments, headed by secretaries who serve at the pleasure of the governor; a secretary is responsible to the governor for the operation of the department and it is the secretary's duty to manage all operations of the department. It can be inferred from the broad operational authority granted by the legislature that the governor may order the state flag be flown at half-staff as long as the order is limited to the executive's jurisdictional reach. When such authority is exercised for the broader context of raising awareness for societal issues statewide, however, the executive authority may be limited without some expressed grant of authority to do so.
Governor's authority to order state flags be flown at half-staff
(2/19/21), Att'y Gen. Adv. Ltr. 2021-03.