reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-8 - Acquisition of land.

The division may acquire land through purchase or through gift or donation; provided, however, that acquisitions shall first be approved by the state board of finance. The title of acquired land shall vest in the state.
History:
1978 Comp., § 15-3B-8, enacted by Laws 2001, ch. 319, § 8.
ANNOTATIONS
Laws 2007, ch. 64, § 3,
effective March 29, 2007, amended Laws 2001, ch. 166, § 1, to authorize the division to acquire the property within the central capital campus in Santa Fe known as the "Coughlin building".
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-9 - Lease of New Mexico finance authority property; maintenance and repair.

The division may enter into long-term leases, not to exceed ninety-nine years, on property owned by the New Mexico finance authority for state use. Lease of the property owned by the New Mexico finance authority may require the department to operate, maintain and make renovations and repairs to the property.
History:
1978 Comp., § 15-3B-9, enacted by Laws 2001, ch. 319, § 9.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 319, § 24 made the act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-10 - Capital projects; administrative fees.

The cost of a capital project shall include an administrative fee to cover the cost of administering the capital project. The fee shall be three percent of the appropriated amount of a capital project.
History:
1978 Comp., § 15-3B-10, enacted by Laws 2001, ch. 319, § 10; 2015, ch. 146, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the administration fee for the cost of a capital project; and in the second sentence, deleted "one" and added "three", after "percent of the", deleted "estimated construction cost" and added "appropriated amount", and after "capital project", deleted "located in Santa Fe county and one and one-half percent for a capital project located outside Santa Fe county".
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-11 - Capital projects; contingency limitation.

No more than six and one-half percent of the cost of a capital project shall be used for contingencies. For the purposes of this section, "contingencies" means unforeseeable elements of cost within the defined scope of the capital project.
History:
1978 Comp., § 15-3-23.2, enacted by Laws 1984 (1st S.S.), ch. 10, § 10; recompiled and amended as 1978 Comp., § 15-3B-11 by Laws 2001, ch. 319, § 11.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-23.2 NMSA 1978 as this section; and deleted "and cost engineering fees" from the end of the section.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-12 - Feasibility study of energy sources.

Before a contract is executed for the construction, major alteration or renovation of a state-owned building, the division may have a feasibility study made on the use of energy sources other than fossil fuels for the heating and air conditioning of the proposed building. A copy of the feasibility study shall remain on file with the division and shall be open to public inspection.
History:
1953 Comp., § 6-2-29.1, enacted by Laws 1975, ch. 200, § 1; 1983, ch. 301, § 50; 1978 Comp., § 15-3-12, recompiled and amended as 1978 Comp., § 15-3B-12 by Laws 2001, ch. 319, § 12.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-12 NMSA 1978 as this section; substituted "the division may" for "the property control division of the general services department shall" in the first sentence; and made stylistic changes.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-13 - Parking facilities required for state buildings; standards.

A. A state building shall not be constructed or enlarged to a major degree without providing adequate parking facilities, as approved by the staff architect, for the use of the public officers and employees employed in the building and for the use of those members of the public reasonably expected to enter the building on public business.
B. The provisions of this section shall not apply to historic sites or state buildings in historical zones as designated by local government ordinance.
History:
1953 Comp., § 6-6-18, enacted by Laws 1977, ch. 360, § 1; 1978 Comp., § 15-3-19, recompiled and amended as 1978 Comp., § 15-3B-13 by Laws 2001, ch. 319, § 13.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-19 NMSA 1978 as this section; inserted "as approved by the staff architect" in Subsection A; deleted former Subsections B and C, relating to parking needs of employees and visitors and the relationship of floor space to parking; and redesignated former Subsection D as present Subsection B.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-14 - Concessions.

A. The division may grant concession contracts in state buildings under its jurisdiction, except concession contracts authorized to be entered into by the state parks division of the energy, minerals and natural resources department pursuant to Section 16-2-9 NMSA 1978 or the commission for the blind pursuant to Section 22-14-24 NMSA 1978, at such fees as the division prescribes.
B. Concessions shall be granted only under written contract, the faithful performance of which shall be secured by a bond prescribed by the division. All income from such concessions shall be deposited in the public buildings repair fund.
History:
1953 Comp., § 6-2-33, enacted by Laws 1968, ch. 43, § 9; 1971, ch. 285, § 8; 1977, ch. 247, § 74; 1978 Comp., § 15-3-15, recompiled and amended as 1978 Comp., § 15-3B-14 by Laws 2001, ch. 319, § 14.
ANNOTATIONS
Cross references.
— For the public buildings repair fund,
see
15-3B-18 NMSA 1978.
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-15 as this section; in Subsection A, substituted "division" for "director of the property control division", substituted "parks division of the energy, minerals and natural resources department" for "park and recreation commission"; substituted "16-2-9 NMSA 1978 or the commission for the blind pursuant to Section 22-14-24 NMSA 1978" for "4-9-9 NMSA 1953"; in Subsection B, substituted "public buildings repair fund" for "state capitol improvement fund"; and made stylistic changes.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-15 - Maintenance charges; credited to agency operating budget.

A state agency that occupies a facility under the jurisdiction of the division and that acts as the representative of the division pursuant to a use agreement between the division and the state agency may charge maintenance and utility costs to other entities that use the facility. The charges shall be deposited to the credit of the state agency to cover maintenance and utility expenses.
History:
1978 Comp., § 15-3B-15, enacted by Laws 2001, ch. 319, § 15.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 319, § 24 made the act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-16 - Capital program; fund created; allocation and expenditure for capital outlay.

A. The "capital program fund" is created in the state treasury. To this fund shall be credited all appropriations for capital outlay projects under the jurisdiction of the division.
B. The capital program fund shall be allocated by the division for capital outlay projects specified by the legislature in accordance with the provisions of the Property Control Act.
History:
1953 Comp., § 6-2-44, enacted by Laws 1972, ch. 74, § 3; 1983, ch. 301, § 53; 1978 Comp., § 15-3-23, recompiled and amended as 1978 Comp., § 15-3B-16 by Laws 2001, ch. 319, § 16.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-23 NMSA 1978 as this section; inserted "in the state treasury" to the end of the first sentence; substituted "the Property Control Act" for "Sections 15-3-1, 15-3-2, 15-3-7, to 15-3-16, 15-3-25 and 15-3-31 NMSA 1978" and made stylistic changes.
Appropriations.
— Laws 2009, ch. 71, § 1, effective June 19, 2009, appropriated $5,000, from the property control reserve fund to the capital program fund for expenditure by the property control division of the general services department in fiscal years 2010 and 2011 to purchase from the federal bureau of land management the real property currently occupied by the southern New Mexico correctional facility and the JP Taylor juvenile justice center.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-18 - Public buildings repair fund; created; expenditures.

A. The "public buildings repair fund" is created in the state treasury. The fund shall consist of appropriations, building use fees, concession fees, gifts, grants, donations and bequests. Money in the fund shall not revert at the end of any fiscal year. The fund shall be administered by the division.
B. Expenditures may be made from the public buildings repair fund only for operating expenses of the division and necessary repair, renovation and purchase of physical plant equipment for public buildings under the jurisdiction of the division.
C. The division shall establish priorities for the use of the public buildings repair fund and shall submit to the legislature in each regular session a list of recommended expenditures to be made from the fund in the following fiscal year. The public buildings repair fund shall be expended pursuant to appropriations by the legislature.
History:
Laws 1996, ch. 46, § 1; 1978 Comp., § 15-3-11.1, recompiled and amended as 1978 Comp., § 15-3B-18 by Laws 2001, ch. 319, § 18.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled the former 15-3-11.1 NMSA 1978 as this section; in Subsection A, inserted "concession fees" preceding "gifts"; in Subsection B, inserted "operating expenses of the division and" preceding "necessary repair"; substituted "under the jurisdiction of the division" for "owned by the state and under the control of the property control"; in Subsection C, deleted a reference to Subsection D; and deleted Subsection D.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-19 - Building use fees; transfers to fund.

The secretary shall establish a schedule of building use fees for state agencies occupying space in state-owned buildings under the jurisdiction of the division. The building use fees shall equal the estimated cost for the next fiscal year of operating expenses for the division and planned and emergency repairs, renovations and purchase of physical plant equipment; provided that total fees shall not exceed ten million dollars ($10,000,000) in any fiscal year. The building use fees shall be included in the budget requests of pertinent state agencies. At the beginning of each fiscal year, the department of finance and administration shall transfer to the public buildings repair fund the amounts appropriated for building use fees.
History:
Laws 1996, ch. 46, § 2; 1978 Comp., § 15-3-11.2, recompiled and amended as 1978 Comp., § 15-3B-19 by Laws 2001, ch. 319, § 19.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-11.2 NMSA 1978 as this section; inserted "operating expenses for the division and" preceding "planned and emergency repairs"; deleted "beginning with fiscal year 1998" from the end of the penultimate sentence and made stylistic changes.
General rule is that interest is accretion or increment to principal fund
earning it, and becomes a part of that fund. 1980 Op. Att'y Gen. No. 80-17.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-20 - Property control reserve fund; created; purpose.

The "property control reserve fund" is created in the state treasury. The purpose of the fund is to provide a reserve account from which the division can purchase, construct or renovate or plan for the construction or renovation of state office buildings, in particular to alleviate the state's reliance on leased office space. The fund shall consist of appropriations, money from the sale of real property under the jurisdiction of the division, gifts, grants, donations, bequests and income from investment of the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year. The division shall administer the fund subject to appropriation by the legislature. The legislature shall appropriate money in the fund to the division to purchase or acquire land and purchase, construct or renovate or plan for the construction or renovation of state office buildings in accordance with the state's four-year major capital improvements plan. Disbursements from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director or the director's authorized representative.
History:
Laws 1998, ch. 58, § 1; 1978 Comp., § 15-3-24.2, recompiled and amended as 1978 Comp., § 15-3B-20 by Laws 2001, ch. 319, § 20; 2013, ch. 174, § 1.
ANNOTATIONS
The 2013 amendment,
effective April 4, 2013, included funding for renovation and plans for renovating or constructing state office buildings; removed the restriction that funding be limited to buildings and land in Santa Fe; in the second sentence, after "division can purchase, construct", added "or renovate or plan for the construction or renovation of"; in the second sentence, after "reliance on", deleted "expensive" and after "leased office space", deleted "in Santa Fe"; and in the fifth sentence, after "acquire land and", added "purchase", after "purchase, construct", added "or renovate or plan for the construction or renovation of" and after "office buildings", deleted "in Santa Fe".
Appropriations.
. — Laws 2013, ch. 174, § 2, effective April 4, 2013, appropriated $2,300,000, from the property control reserve fund to the property control division of the general services department for expenditure in fiscal year 2013 and subsequent fiscal years for the purchase and renovation and plans for the renovation of a state office building and appurtenant land in Bernalillo county and provided that unexpended or unencumbered balances remaining at the end of a fiscal year shall not revert to the property control reserve fund.
The 2001 amendment,
effective July 1, 2001, recompiled former 15-3-24.2 NMSA 1978 as this section; and made stylistic changes.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-22 - Public facilities; naming; prohibition; exceptions.

A. As used in this section:
(1) "public facility" means a building or other real property under the control of the division; and
(2) "public officer" means a person elected to public office or any person appointed or employed by the state or a political subdivision of the state.
B. A public facility shall not be named for a public officer during the period in which that person is a public officer.
C. A public facility shall not be named for a public officer or other person who has been convicted of a felony. The division shall remove the name from a public facility named for such person immediately upon conviction, whether or not another name has been offered or approved for substitution and renaming. The secretary shall promulgate a rule for the removal of the name.
D. A public facility that has been named for a person who was not a public officer at the time of the naming may continue to bear that name if the person subsequently becomes a public officer.
E. Except as provided in Subsection C of this section, a public facility named for a public officer prior to the effective date of this section may continue to bear the name of that public officer.
F. The secretary shall submit a list of names for naming a public facility for consideration by the governor. The secretary shall promulgate a rule for the development of the list of names.
History:
Laws 2018, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 3B - Property Control › Section 15-3B-23 - Authorization to acquire property.

A. In order to acquire the following property in Santa Fe county for use as state agency offices, the facilities management division of the general services department may purchase and renovate, equip and furnish the educational retirement board building on camino de los Marquez in Santa Fe for use by the public regulation commission.
B. The acquisition of property pursuant to Subsection A of this section shall be made at a price not to exceed the value of the property established by the taxation and revenue department using generally accepted appraisal techniques for the type of property purchased.
History:
Laws 2023, ch. 34, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2023, ch. 34, § 1 was not enacted as part of the Property Control Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2023, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 4 - Federal Property and Commodities Division (Repealed.) › Section 15-4-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 64, § 26B, repealed 15-4-1 NMSA 1978, as amended by Laws 1983, ch. 301, § 26, relating to the creation of the surplus property control division. For present provisions relating to surplus property,
see
15-4-2 and 15-4-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 4 - Federal Property and Commodities Division (Repealed.) › Section 15-4-2 - Repealed.

History:
1953 Comp., § 6-2-40, enacted by Laws 1971, ch. 189, § 2; 1984, ch. 64, § 21; 2007, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 57, § 7 repealed 15-4-2 NMSA 1978, as enacted by Laws 1971, ch. 189, § 2, relating to surplus property, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 4 - Federal Property and Commodities Division (Repealed.) › Section 15-4-3 - Repealed.

History:
1953 Comp., § 6-2-41, enacted by Laws 1971, ch. 189, § 3; 1977, ch. 247, § 80; 1984, ch. 64, § 22; 2007, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 57, § 7 repealed 15-4-3 NMSA 1978, as enacted by Laws 1971, ch. 189, § 3, relating to surplus property, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-1 - Recompiled.

History:
Laws 1963, ch. 181, § 1; 1953 Comp., § 6-1-24; Laws 1965, ch. 225, § 1; 1977, ch. 247, § 61; 1978, ch. 124, § 11; 1980, ch. 151, § 17; 1983, ch. 301, § 57; 2007, ch. 288, § 3; 2007, ch. 290, § 20; recompiled as 9-27-20 NMSA 1978 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled 15-5-1 NMSA 1978, relating to telecommunications duties, as 9-27-20 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-2 - Recompiled.

History:
Laws 1963, ch. 181, § 2; 1953 Comp., § 6-1-25; Laws 1965, ch. 225, § 2; 1977, ch. 247, § 62; 1978, ch. 124, § 12; 1980, ch. 151, § 18; 1983, ch. 301, § 58; 1978 Comp., § 15-5-2; recompiled and amended as 1978 Comp., § 9-27-21 by Laws 2009, ch. 146, § 7.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 7 recompiled 15-5-2 NMSA 1978, relating to staff and budget for central telephone services, as 9-27-21 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-3 - Recompiled.

History:
1953 Comp., § 6-1-26, enacted by Laws 1963, ch. 181, § 3; 1965, ch. 225, § 3; 1977, ch. 247, § 63; 1978, ch. 124, § 13; 1980, ch. 151, § 19; 1983, ch. 301, § 59; 2007, ch. 290, § 21; recompiled as 9-27-22 NMSA 1978 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled 15-5-3 NMSA 1978, relating to charges for central telephone services, as 9-27-22 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-4 - Recompiled.

History:
1953 Comp., § 6-1-27, enacted by Laws 1963, ch. 181, § 4; 1965, ch. 225, § 4; 1977, ch. 247, § 64; 1978, ch. 124, § 14; 1980, ch. 151, § 20; 1983, ch. 301, § 60; 2007, ch. 290, § 22; recompiled as 9-27-23 NMSA 1978 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled 15-5-4 NMSA 1978, relating to deposits of money, as 9-27-23 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-5 - Recompiled.

History:
1953 Comp., § 6-1-28, enacted by Laws 1963, ch. 181, § 5; 1965, ch. 225, § 5; 1977, ch. 247, § 65; 1978, ch. 124, § 15; 1983, ch. 301, § 61; 1978 Comp., § 15-5-5, recompiled and amended as 1978 Comp., § 9-27-24 by Laws 2009, ch. 146, § 8.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 8 recompiled 15-5-5 NMSA 1978, relating to appropriations for central telephone services, as 9-27-24 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-6 - Recompiled.

History:
1953 Comp., § 6-1-29, enacted by Laws 1963, ch. 181, § 6; 1965, ch. 225, § 6; 1973, ch. 79, § 1; 1977, ch. 247, § 66; 1978, ch. 124, § 16; 1980, ch. 151, § 21; 1983, ch. 301, § 62; 1978 Comp., § 15-5-6, recompiled and amended as 1978 Comp., § 9-27-25 by Laws 2009, ch. 146, § 9.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 9 recompiled 15-5-6 NMSA 1978, relating to participation or exclusion of agency, department or institution in the central telephone system, as 9-27-25 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5 - Telecommunications Bureau (Repealed, Recompiled.) › Section 15-5-7 - Repealed.

History:
Laws 2007, ch. 288, § 1; repealed by Laws 2009, ch. 146, § 11.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 146, § 11 repealed 15-5-7 NMSA 1978, as enacted by Laws 2007, ch. 288, § 1, relating to telecommunications services, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-1 - Short title.

Sections 1 through 7 [15-5A-1 to 15-5A-7 NMSA 1978] of this act may be cited as the "Arts and Cultural District Act".
History:
Laws 2007, ch. 160, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-2 - Definitions.

As used in the Arts and Cultural District Act:
A. "arts and cultural district" means a developed district of public and private uses designated by the commission or a municipality;
B. "commission" means the New Mexico arts commission; and
C. "coordinator" means the person responsible for coordinating the main street program pursuant to Subsection B of Section 3-60B-3 NMSA 1978.
History:
Laws 2007, ch. 160, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-3 - Main street program coordinator; duties.

A. The coordinator shall:
(1) review and approve or reject applications from municipalities, citizens and nonprofit organizations to designate state-authorized arts and cultural districts pursuant to the Arts and Cultural District Act;
(2) administer and promote an application process for the designation of state-authorized arts and cultural districts;
(3) provide financial grants or contracts for development of a state-authorized arts and cultural district, including planning, designing, construction and renovation costs; and
(4) develop policies and standards for the designation of state-authorized arts and cultural districts and for the declassification should a state-authorized arts and cultural district not comply with the policies and standards established by the commission as set forth in an approved application.
B. The coordinator shall require annual reports from each state-authorized arts and cultural district for purposes of reviewing the activities of that district, including the compliance of the district with the policies and standards of the commission and with the conditions of an approved application.
History:
Laws 2007, ch. 160, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-4 - Arts and cultural districts; creation.

A. A state-authorized arts and cultural district may be created by the municipality in which the proposed arts and cultural district will be located only if the proposed district is approved by the commission.
B. A municipally authorized arts and cultural district may be created by a municipality with a population greater than fifty thousand in which the proposed arts and cultural district will be located if the proposed district meets the criteria set forth in Subsection C of this section.
C. An arts and cultural district shall:
(1) be in a geographically contiguous area that ranges in size from a portion of a municipality to a regional district with a special coherence;
(2) be distinguished by physical and cultural resources that play a vital role in the life and development, including economic and cultural development, of a community;
(3) focus on a cultural compound, a major art institution, art and entertainment businesses, an area with arts and cultural activities or cultural or artisan production; and
(4) be engaged in promotion, preservation and educational aspects of the arts and culture of that locale and contribute to the public through interpretive, educational and recreational uses.
History:
Laws 2007, ch. 160, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-5 - State-authorized districts.

A. The coordinator shall review applications submitted by municipalities, citizens or nonprofit organizations for the purpose of designating an arts and cultural district and make a recommendation to the commission for action on each application. Citizens and nonprofit organizations that submit an application shall include a formal endorsement of the application by the municipal government in which the proposed district is to be located.
B. After reviewing an application for the designation of an arts and cultural district, the commission shall approve or reject the application or send it back to the applicant with a request for changes or additional information.
C. The commission shall designate no more than five arts and cultural districts in a calendar year. Rejected applicants may re-apply without prejudice.
D. If the commission approves an application for the designation of an arts and cultural district, it shall notify the applicant in writing and shall specify the terms and conditions of the commission's approval, including the terms and conditions set forth in the application and as modified by written agreement between the applicant and the commission.
E. After the commission approves an application for the designation of a state-authorized arts and cultural district, the applicable municipality may pass a local ordinance to establish the state-authorized arts and cultural district pursuant to the terms and conditions specified in the approved application. Municipalities may administer arts and cultural districts through a newly created local commission with a specific mission to oversee the district subject to review by the municipality.
History:
Laws 2007, ch. 160, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-6 - Municipally authorized districts.

Municipalities with a population greater than fifty thousand that choose to authorize their own districts shall pass a local ordinance stating minimum requirements for establishing the arts and cultural district, and any municipally authorized arts and cultural district shall meet the criteria contained in Subsection C of Section 4 [15-5A-4 NMSA 1978] of the Arts and Cultural District Act.
History:
Laws 2007, ch. 160, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 5A - Arts and Cultural District Act › Section 15-5A-7 - Arts and cultural district fund established.

The "arts and cultural district fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests. The fund shall be administered by the cultural affairs department, and money in the fund is appropriated to the cultural affairs department to carry out the provisions of the Arts and Cultural District Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs or the secretary's authorized representative.
History:
Laws 2007, ch. 160, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 160, § 17 made the Arts & Cultural District Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 6 - Planning Division (Repealed.) › Section 15-6-1 to 15-6-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 296, § 5, repealed 15-6-1 to 15-6-3 NMSA 1978, relating to the planning division of the department of finance and administration, effective July 1, 1983. For present provisions,
see
9-14-1 to 9-14-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-1 - Definitions.

As used in Chapter 15, Article 7 NMSA 1978:
A. "board" means the risk management advisory board;
B. "director" means the director of the risk management division of the general services department;
C. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions;
D. "public employee" means any officer, employee or servant of a governmental entity, including elected or appointed officials, law enforcement officers and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation, but the term does not include an independent contractor; and
E. "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions, including regional housing authorities.
History:
1953 Comp., § 5-14-20.4, enacted by Laws 1977, ch. 385, § 4; 1978, ch. 166, § 6; 1982, ch. 19, § 1; 1983, ch. 301, § 63; 1996, ch. 45, § 1.
ANNOTATIONS
The 1996 amendment,
effective March 4, 1996, substituted "Chapter 15, Article 7" for "Sections 15-7-1 through 15-7-10" in the introductory language and added "including regional housing authorities" at the end of Subsection E.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-2 - Risk management division.

A. There is established a "risk management division" of the general services department. The director of the risk management division shall be appointed by the secretary of general services. The director shall be knowledgeable and experienced in general insurance practices. The director shall be responsible for the acquisition and administration of all insurance purchased by the state. Except as provided by this section, no state agency may procure any kind of insurance other than through the risk management division.
B. The risk management division shall apportion to each state agency its contributions toward the purchase of insurance or for the providing of coverage for any risk not insured. The amount of contribution by each agency shall be determined by the risk management division and shall reflect the respective risks of each agency. All contributions toward the purchase of insurance or for the coverage of any risk not insured shall be paid into the public liability fund, the workers' compensation retention fund, the public property reserve fund or the group self-insurance fund, as appropriate. The department of finance and administration may collect or transfer funds from each agency to cover insurance or other costs, pursuant to the risk management division's instructions.
C. The director, upon a finding that efficiency and economy so require, may authorize any state agency to purchase insurance for, or otherwise cover, vision, dental, any group or individual health, life, accidental death and dismemberment or disability coverage. Any authorization granted shall be conditioned upon the prior approval by the director of any policy to be purchased and the premium to be paid by the agency.
History:
Laws 1978, ch. 166, § 7; 1983, ch. 301, § 64; 1986, ch. 102, § 5; 1989, ch. 231, § 10.
ANNOTATIONS
Cross references.
— For appointment of director,
see
9-17-5 NMSA 1978.
Law reviews.
— For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 196.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-3.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 319, § 1 repealed 15-7-3.1 NMSA 1978, as enacted by Laws 1986, ch. 114, § 1, relating to the public child contractor liability fund, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-4 - Risk management advisory board.

A. There is created the "risk management advisory board." The board shall be composed of:
(1) the attorney general or his designee;
(2) the superintendent of insurance;
(3) the secretary of finance and administration or his designee;
(4) the chief financial officer of a public school district who shall be appointed by the governor;
(5) an attorney, who shall be named by the president of the state bar of New Mexico;
(6) the director of the legislative council service or his designee;
(7) the chief financial officer of an institution of higher education who shall be appointed by the governor;
(8) an insurance agent licensed to write property, casualty and life insurance in this state who shall be appointed by the governor; and
(9) the chief financial officer of a local public body or the chief administrator of an entity of a local public body, other than a school district, with a risk covered by the public liability fund, who shall be appointed by the governor.
B. Members of the board appointed by the governor or named by the president of the state bar of New Mexico shall serve for a term of four years. The insurance agent appointed by the governor and the attorney named by the president of the state bar of New Mexico shall be paid by the risk management division per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. A majority of the board shall constitute a quorum. The members of the board shall annually elect from among their membership a chairman and vice chairman.
History:
Laws 1978, ch. 166, § 9.
ANNOTATIONS
Law reviews.
— For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-5 - Powers and duties of the advisory board.

The advisory board shall review:
A. specifications for all insurance policies to be purchased by the risk management division including specifications setting forth minimum capital and surplus requirements for any insurance company submitting a bid;
B. all professional service and consulting contracts or agreements to be entered into by the risk management division;
C. if insurance is to be purchased by negotiation, the companies and agents to be selected to submit proposals;
D. all rules and regulations to be promulgated by the risk management division;
E. the form, purpose and content of certificates of coverage to be issued by the risk management division; and
F. investments to be made by the risk management division.
History:
Laws 1978, ch. 166, § 10.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-6 - Workers' compensation retention fund.

A. There is created in the state treasury the "workers' compensation retention fund".
B. Money deposited in, earned by or appropriated to the workers' compensation retention fund may be used by the director to:
(1) purchase workers' compensation insurance;
(2) establish appropriate reserves to provide workers' compensation coverage for employees of state agencies or employees of covered educational entities;
(3) pay workers' compensation claims in accordance with the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978];
(4) enter into consulting and other contracts as may be necessary or desirable in carrying out the provisions of this section; and
(5) pay costs or expenses incurred in carrying out the provisions of this section.
C. For the purposes of this section, "covered educational entities" means school districts as defined in Section 22-1-2 NMSA 1978 and educational institutions established pursuant to Chapter 21, Articles 13, 16 and 17 [repealed] NMSA 1978 that request and are granted coverage from the risk management division of the general services department, if the coverage is commercially unavailable; except that coverage shall be provided to a school district only through the public school insurance authority or its successor unless the district has been granted a waiver by the authority or the authority is not offering the coverage for the fiscal year for which the division offers its coverage. A local school district to which the division may provide coverage may provide for marketing and servicing to be done by licensed insurance agents who shall receive reasonable compensation for their services.
History:
1953 Comp., § 5-14-25, enacted by Laws 1977, ch. 385, § 9; 1978, ch. 166, § 11; 1983, ch. 301, § 66; 1986, ch. 102, § 7; 1989, ch. 324, § 10; 1996 (1st S.S.), ch. 3, § 4; 2000, ch. 27, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law. Article 17 of Chapter 21 NMSA 1978 was repealed by Laws 1995, ch. 224, § 29 and Laws 1999, ch. 219, § 21.
See
notes following Chapter 21, Article 17 NMSA 1978.
The 2000 amendment,
effective March 6, 2000, added Subsection B(2) and redesignated the remaining paragraphs in Subsection B accordingly, and deleted Subsection D, concerning excess cash balances in the workers' compensation retention fund.
The 1996 amendment,
effective March 21, 1996, in Subsection B, inserted "earned by" in the introductory paragraph, deleted former Paragraph (2), which provided that the director may establish appropriate reserves to provide workers' compensation coverage for employees of state agencies or employees of covered educational entities, and redesignated the remaining paragraphs; in the first sentence of Subsection C, substituted "that request" for "which request" near the beginning and deleted "group" preceding "insurance authority"; and added Subsection D.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-7 - Consulting and claims adjusting contracts.

A. Notwithstanding any other provision of law, the risk management division of the department of finance and administration [general services department] may:
(1) contract, as may be necessary, with a recognized insurance consulting firm to assist in the implementation of the workmen's compensation retention fund and the public property reserve fund; and
(2) contract with a recognized insurance claims adjusting firm for the handling of all claims made against the workmen's compensation retention fund or the public property reserve fund.
B. No contract shall be entered into pursuant to this section unless proposals have been sought from two or more qualified firms. Contracts shall be awarded on the basis of cost, financial resources of the firm, service facilities in New Mexico, service reputation and experience.
History:
1953 Comp., § 5-14-26, enacted by Laws 1977, ch. 385, § 10; 1983, ch. 58, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law. Laws 1983, ch. 301, § 7 provided that references to the risk management division of the department of finance and administration be construed as references to the risk management division of the general services department.
See
15-7-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-8 - Local public bodies; insurance policies; reports.

A. Upon request, any local public body shall file with the director of the risk management division:
(1) a copy of every insurance policy currently in effect; and
(2) a detailed statement of the cost of such policies.
B. If a local public body has been unable to insure any risk or for any other reason has failed to insure any risk, it shall report the reason for such failure to the director of the risk management division on or before November 1 of each year.
History:
1953 Comp., § 5-14-27, enacted by Laws 1977, ch. 385, § 16; 1978, ch. 166, § 12; 1983, ch. 58, § 2.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 7 - Risk Management Division › Section 15-7-10 - Legal defense contracts; renewal.

Any valid contract between the risk management division and any law firm, to defend claims against the state or any of its public employees pursuant to Subsection B of Section 41-4-4 NMSA 1978, shall be automatically extended for the purpose of and as long as necessary for completing and concluding any matter in litigation, including appeals, referred to the firm for defense prior to the termination date stated in the contract or any applicable amendment thereto. Automatic renewal pursuant to this section applies only to matters which were in litigation and were referred to the law firm prior to the contract termination date and does not apply to regular contract renewals. This section does not affect the director's discretion to assign or to terminate a prior assignment and reassign any matter to any law firm. This section does not apply where nonrenewal is approved:
A. by two-thirds majority vote of the board members present and voting and by consent of a majority of the state public employee defendants being represented in each matter; or
B. by simple majority vote of the board members present and voting, consent of the law firm and consent of a majority of the state public employee defendants being represented in each matter.
History:
1978 Comp., § 15-7-10, enacted by Laws 1982, ch. 19, § 2.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-1 - Short title.

Chapter 15, Article 8 NMSA 1978 may be cited as the "Transportation Services Act".
History:
Laws 1994, ch. 119, § 1; 1995, ch. 161, § 3.
ANNOTATIONS
The 1995 amendment,
effective June 1, 1995, rewrote the section which read "Sections 1 through 12 of this act may be cited as the 'Motor Pool Act.'"
Personal use of state vehicles prohibited.
— Although Rule 78-9 of the department of finance and administration (now general services department) does not specifically prohibit the use of state vehicles for hauling or pulling personal vehicles while on official business, it is apparently intended to prohibit any personal use of state vehicles. 1980 Op. Att'y Gen. No. 80-04.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-2 - Findings and purpose.

The legislature finds that centralized control of state vehicles is in the best interest of the state because it permits the state to use its transportation resources in the most efficient and effective manner. The primary purposes of the Transportation Services Act are to:
A. provide a centralized agency to purchase state vehicles and to control their use;
B. implement and administer the State Aircraft Act [Chapter 15, Article 9 1978]; and
C. provide authorization for administration of the state's state and federal surplus property programs.
History:
Laws 1994, ch. 119, § 2; 1995, ch. 161, § 4; 2007, ch. 29, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, deleted former Subsection C, which provided that a purpose of the act was to supervise and monitor the alternative fuel conversion program; deleted former Subsection D, which provided that a purpose of the act was to supervise and administer a state travel coordination program; and added new Subsection C to include as a purpose of the Transportation Services Act the administration of surplus property programs.
The 1995 amendment,
effective June 1, 1995, subdivided the existing language to form Subsection A, added Subsections B through D, and substituted "The primary purposes of the Transportation Services Act are" for "the purpose of the Motor Pool Act is" in the introductory language.