reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Acquisition" means,
				unless usage indicates otherwise, obtaining title in fee simple absolute to
				real estate by purchase, trade, gift or donation.
B. "Board" means state board of
				finance.
C. "Consideration" means
				something which is of a value at least equal to the value of the real property
				interest being conveyed, including but not limited to cash, another piece of
				real estate, services, or other form of compensation.
D. "Current" means:
(1) in the context of an appraisal, dated
				within one year of the date of submission of the proposed transaction to the
				board for approval, and
(2) in the
				context of a title binder, dated within six months of the proposed closing
				date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.8 - ACQUISITION OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Public bodies requiring board approval before acquiring real property include,
				but are not limited to, the following:
(1)
				general services department;
(2)
				department of game and fish for expenditures from the game and fish capital
				outlay fund;
(3) the state for
				state parks or recreational areas pursuant to section 16-11(J) NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.9 - SALE OR TRADE OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the sale or trade of real property is for a consideration of more than
				twenty-five thousand dollars ($25,000), then prior board approval is necessary
				for:
(1) state agencies (unless the
				consideration is one hundred thousand dollars ($100,000) or more, in which case
				require approval by the legislature is required);
(2) school districts; and
(3) local public bodies, including, but not
				limited to:
(a) counties;
(b) community colleges (but not including
				branch community colleges) and technical vocational institutes;
(c) conservancy districts; and
(d) flood control authorities.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.10 - LEASE OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Board
				approval is required whenever certain public bodies wish to lease (or
				sub-lease) properties they own (or are leasing): if (1) the term of the lease
				or sublease is for a period of more than five years, OR (2) the consideration
				over the lease term is more than twenty-five thousand dollars ($25,000). Prior
				board approval is necessary for:
(1) state
				agencies (unless consideration is one hundred thousand dollars ($100,000) or
				more and the term is for a period of more than twenty-five years, in which case
				approval by the legislature is required);
(2) counties;
(3) school districts (unless leasing
				facilities to a locally chartered or state-chartered charter school, in which
				case approval by the public school facilities authority is required);
				and
(4) local public bodies, which
				include, but are not limited to, the following:
(a) community colleges (but not including
				branch community colleges) and technical vocational institutes;
(b) conservancy districts;
(c) flood control authorities; and
(d) special hospital districts and county
				hospitals pursuant to the Hospital Funding Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.11 - SUBMISSION OF REQUESTS TO THE STATE BOARD OF FINANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Real property transaction requests
				submitted to the board should address each of the specific items in this
				policy, if applicable. One hard copy and one identical electronic version
				should be submitted to the board. The hard copy should be tabbed for easy
				reference and the electronic version should be bookmarked.
B. Completed packages, in their entirety,
				must be submitted on or before the board's meeting deadline, as published on
				the board's website, and must meet application-formatting criteria. Except for
				full-sized site improvement plats submitted pursuant to Paragraph (3) of
				Subsection B of 1.5.23.8 NMAC, the hard copy must be standard letter size, 8
				1/2 inches by 11 inches.
C. Upon
				request, the board, in its discretion, may waive provision of any information
				otherwise required by this rule provided that the requesting party can
				demonstrate that other documents that are provided are equivalent to or satisfy
				the rationale for submitting the item and that the state's interest still will
				be sufficiently protected.
D. The
				board, in its discretion, may require additional information be provided as may
				be relevant to a specific transaction.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state property under the authority of property control
				  division. General applicability: This rule applies to all persons entering in
				  or on such property. Each occupant agency shall be responsible for the
				  observance of this rule. State agencies must post the notice as required by PCD
				  at each public entrance to each state facility.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 15-3B-4(A) (2) NMSA 1978, which allows the division
				  to 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; and 15-3B-4(A) (7) which allows the division to 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; (1978 Comp., Section
				  15-3-2;
				  1953 Comp., Section 6-2-26; enacted by Laws 1968, Chapter 43, Section 2;
				  amended by Laws 1971, Chapter 285, Section 2; Laws 1973, Chapter 209, Section
				  1; Laws 1977, Chapter 247, Section 69; Laws 1977, Chapter 385; Section 14; Laws
				  1978, Chapter 166, Section 14; and Laws 1980, Chapter 151, Section
				  16.)
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2009, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.8 - ASSIGNMENT OF BUILDING

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall assign a lead agency in each building
				  under its jurisdiction. The lead agency shall be responsible for compliance
				  with, this rule and shall take all steps necessary to comply with all
				  requirements herein. The lead agency shall be responsible for ensuring that the
				  building(s) are maintained to standard and that all costs associated with the
				  operation of the building(s) are paid. The lead agency for all buildings
				  maintained by New Mexico building services division shall be the building
				  services division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.9 - SOLICITING, VENDING AND DEBT COLLECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Policy.
(1) All persons entering in or on state
				property are prohibited from soliciting or requesting or receiving political
				donations.
(2) No solicitation
				materials may be posted except on designated bulletin boards.
(3) With the exception of bulletin boards
				designated for posting solicitation materials, no state materials, supplies,
				services or equipment may be used for solicitation purposes other than
				activities authorized by an agency of the state for state-connected business or
				state-sponsored charitable purposes.
(4) Any and all violations observed shall be
				reported immediately to the PCD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.10 - ADMISSION TO PREMISES BY LEAD AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Lead-agency may close property or the
				affected portion thereof, to the public during normal work hours, on a
				temporary basis, when needed to protect the property and or the safety of
				individuals on the property.
B. If
				the property is closed for more than 24 hours, the lead-agency will ensure that
				the property or the affected portion, is restricted to "authorized persons" who
				must register upon entry to the property and must, when requested, display
				government or other identifying credentials to the New Mexico state police or
				other authorized individuals when entering, leaving or while on the property.
				Failure to comply with any of the applicable provisions is a violation of these
				regulations.
C. The lead-agency
				shall notify the PCD as soon as possible, but not later than the next business
				day following the closure of the property.
D. The lead-agency may approve the use of the
				property after-normal working hours, as authorized by Subsection E of this
				section.
E. The lead-agency may
				authorize the use of the building or portions thereof for use by other state
				agencies and or non-profit organizations, subject to the provisions of the
				Property Control Act and this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.11 - PRESERVATION OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
All persons entering in or on state property are prohibited
				  from:
A. improperly disposing of
				rubbish on property;
B. willfully
				destroying or damaging property;
C.
				stealing property;
D. creating any
				hazard on property to persons or things;
E. throwing articles of any kind from or at a
				building or the climbing upon statues, fountains or any part of the
				building;
F.
				roller-skating;
G.
				skateboarding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.12 - CONFORMITY WITH SIGNS AND DIRECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Persons in and on property must at all times conduct
				  themselves in accordance with the law and comply with official signs of a
				  prohibitory, regulatory or directory nature and with the lawful direction of
				  state police officers and other authorized individuals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.13 - DISTURBANCES

Current through Register Vol. 35, No. 13, July 16, 2024
All persons entering in or on state property are prohibited
				  from loitering, pan handling, exhibiting disorderly conduct or exhibiting other
				  conduct on property which:
A. creates
				loud or unusual noise or a nuisance;
B. unreasonably obstructs the usual use of
				entrances, foyers, lobbies, corridors, offices, elevators, stairways, or
				parking lots;
C. otherwise impedes
				or disrupts the performance of official duties by government employees;
				or
D. prevents the general public
				from obtaining the administrative services provided on the property in a timely
				manner.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.14 - NARCOTICS AND OTHER DRUGS

Current through Register Vol. 35, No. 13, July 16, 2024
Except in cases where the drug is being used as prescribed
				  for a patient by a licensed physician, all persons entering in or on state
				  property are prohibited from:
A. being
				under the influence of alcoholic beverages, narcotic drugs, hallucinogens,
				marijuana, barbiturates, or amphetamines or other illegal substances;
B. using or possessing any narcotic drugs,
				hallucinogens, marijuana, barbiturates, or amphetamines; or other illegal
				substance;
C. operating a motor
				vehicle on the property while under the influence of alcoholic beverages,
				narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines or
				other illegal substances.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.15 - EXPLOSIVES

Current through Register Vol. 35, No. 13, July 16, 2024
No person entering or while on state property may carry or
				  possess explosives, or items intended to be used to fabricate an explosive or
				  incendiary device, either openly or concealed, except for official
				  purposes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.16 - WEAPONS IN STATE BUILDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Persons caring a concealed weapon in state buildings are
				  required to be in compliance with the New Mexico Concealed Handgun Carry Act of
				  2003, Chapter 29, Article 19 and 10.8.2 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.17 - NONDISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
State agencies shall not discriminate by segregation or
				  otherwise against any person or persons because of race, creed, sex, color, or
				  national origin in furnishing or by refusing to furnish to such person or
				  persons the use of any facility of a public nature, including all services,
				  privileges, accommodations, and activities provided on the
				  property.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.18 - SMOKING

Current through Register Vol. 35, No. 13, July 16, 2024
The lead agency shall be required to comply with Chapter 24
				  Article 16 NMSA 1978 as amended by Laws of 2007 Chapter 20 "The Dee Johnson
				  Clean Indoor Air Act". Designate smoking areas will be established a minimum of
				  50 feet away from any entrance, ventilating systems or operable window in a
				  building and the lead agency shall provide notice to all employees in the
				  building, regarding this location.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.19 - DOGS AND OTHER ANIMALS

Current through Register Vol. 35, No. 13, July 16, 2024
Except dogs used for law enforcement purposes, seeing eye
				  dogs, other guide dogs, and animals used or being trained to guide or assist
				  handicapped persons, persons may not bring dogs or other animals on state
				  property for other than official purposes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.20 - PHOTOGRAPHS FOR NEWS, ADVERTISING, OR COMMERCIAL PURPOSES

Current through Register Vol. 35, No. 13, July 16, 2024
Except where security regulations apply or a state court
				  order or rule prohibits it, persons entering in or on state property may take
				  photographs with the permission of the state agency of:
A. space occupied by a tenant agency but only
				with the permission of the occupying agency concerned;
B. space occupied by a non-state agency for
				commercial purposes with written permission of an authorized official of the
				occupying agency concerned; and building entrances, lobbies, foyers, corridors,
				or auditoriums for news purposes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.21 - PARKING

Current through Register Vol. 35, No. 13, July 16, 2024
Reserved parking - the lead agency may designate reserved
				  parking for the following purposes:
A.
				visitor parking: an equal number of visitor spaces to parking for the disabled
				will be provided if designated;
B.
				registered van or carpools;
C.
				alternative fuel vehicles;
D.
				cabinet secretary;
E. deputy
				cabinet secretary;
F. elected
				officials headquartered in the building;
G. up to two additional spaces for elected
				officials to be designated for use by the elected official headquartered in the
				building;
H. loading
				areas;
I. state vehicles.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.22 - MAINTENANCE OF ASSIGNED BUILDINGS AND CAMPUSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The lead agency shall be responsible for
				securing an appropriate budget for all maintenance, operation and preventative
				maintenance costs as defined herein. Budget requests will consider the
				following if applicable:
(1) custodial
				services;
(2) custodial cleaning
				supplies;
(3) landscape and
				grounds;
(4) building
				maintenance;
(5) routine building
				maintenance supplies;
(6) heating,
				cooling and ventilation system equipment maintenance;
(7) generator maintenance;
(8) sewage system maintenance;
(9) security services;
(10) fire suppression systems maintenance
				including fire extinguisher inspection;
(11) utilities;
(12) recycle program: recycle program shall
				comply with the New Mexico Solid Waste Act;
(13) in compliance with any facility related
				governor's executive orders.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 24 - CONDUCT ON AND USE OF STATE PROPERTY › Section 1.5.24.23 - WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any provision of this rule, a waiver of any
				  provision thereof, may be made in writing by the director, if it determines in
				  writing that the strict holding of the provision would be unreasonable under
				  the circumstances and that the provision is not needed to protect the facility,
				  grounds or the public. The applicant has the burden to establish that the
				  waiver should be granted. The request for waiver shall be made in writing as
				  part of the "facility use application" and must provide the necessary
				  information and documentation to support such waiver. The decision of the
				  director may not be appealed and is final.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all lease-purchases by executive branch
				  agencies except the state land office.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-17-5
				  NMSA 1978,
				  15-3B-4
				  NMSA 1978. Sections
				  15-10-1
				  and
				  15-10-2
				  NMSA enable state agencies to enter into lease-purchases.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish a fair, uniform,
				  clear and effective process to regulate the lease-purchasing of real property
				  constructed by public or private entities as office, warehouse or special use
				  facilities for state executive agencies under jurisdiction of the property
				  control division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.8 - PROPERTY CONTROL DIVISION RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Adequacy of existing state
				facilities:
the PCD director shall determine whether existing state
				facilities are adequate for an agency's needs before an agency is allowed to
				initiate the lease-purchase process from any other public or private
				entity.
B.
Lease-purchase
				agreements:
the PCD director shall have final signatory of all
				lease-purchases, lease-purchase amendments, lease-purchase extensions, and all
				other agreements subject to this rule. No such agreement shall be valid or
				binding on the state of New Mexico or any of its agencies unless it is in
				writing, (on a PCD approved lease-purchase form) signed by the appropriate
				parties and approved in writing by the PCD director. The PCD director's
				signature shall not signify that PCD is a party to an agreement, but only that
				PCD has authorized, approved, and validated the agreement in compliance with
				statute and this rule.
C.
Director's designee:
the PCD director may assign a designee to act
				on his or her behalf in carrying out his or her duties under this rule. Any
				such designation shall be in writing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.9 - COMMENCEMENT OF LEASE-PURCHASE PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Sufficient resources to evaluate and
				implement project:
a lease-purchase contract can be very complex and
				involve multiple professional disciplines.
(1) The agency/department seeking to
				implement a lease-purchase project shall collaborate with the property control
				division in seeking sufficient resources and expertise to at the minimum
				analyze, evaluate and negotiate the following to be consistent with the
				guidance document approved by the CBPC:
(a)
				baseline costs;
(b)
				market/feasibility studies;
(c)
				architectural and engineering specifications;
(d) construction/development
				budgets;
(e) developer
				qualifications;
(f) legal aspects
				of developer agreements;
(g)
				comprehensive financial modeling including alternative finance
				scenarios.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.10 - LEGISLATIVE APPROVAL: Review by capitol planning building commission (CPBC)

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Sections
				  15-10-1
				  and
				  15-10-2
				  NMSA 1978 the CBPC will review state agency lease-purchase agreements for
				  facilities or other real property prior to the lease-purchase agreements being
				  submitted to the legislature for approval pursuant to Section
				  15-3-35
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.11 - SOLICITATION OF LEASE-PURCHASE PROCUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
the provisions of
				1.5.25 NMAC set forth specific procedures that shall apply to all procurements
				of real property made by lease-purchase.
B.
Regulation to use sealed
				proposal:
the regulations applicable to the use of competitive sealed
				proposals pursuant to 1.4.1.29 NMAC through 1.4.1.47 NMAC, as well as other
				existing rules applicable to competitive sealed proposals and procurement
				generally, e.g., 1.4.1.64 NMAC through 1.4.1.92 NMAC, shall apply to
				procurements made by lease-purchase for real property to the extent that they
				do not conflict with the provisions of 1.5.25 NMAC.
C.
Fair and open process:
to
				promote a fair and open process and to foster maximum participation and
				competition from the development community the property control division shall
				acquire lease-purchase facilities through a three phased procedure. During
				phase one, and prior to solicitation, the following shall occur:
(1) a procurement plan shall be prepared
				describing the conduct of the lease-purchase procurement;
(2) the procurement plan shall be approved by
				the PCD director and shall include rationale for the procurement, key personnel
				involved in the procurement, procurement schedule, key evaluation factors, and
				criteria for providing a stipend to cover some expenses, if offered;
(3) documents shall be prepared for a
				"request for proposals" (RFP);
(a) the
				documents shall include minimum qualifications, scope of work statement and
				schedule, evaluation criteria and a description of the selection process, the
				composition of the selection committee, and a description of the subsequent
				phases' requirements, program statements for the facility that describe space
				needs, design goals and specific objectives so that all respondents can be
				comparably evaluated;
(b) the phase
				two RFP documents shall include program statements for the facility that
				describe space needs, design goals and specific objectives, building
				specifications, proposed transaction structures, schedule and other important
				project and contract terms; building performance specifications shall be
				prepared to describe the quality of building sought by the state; the narrative
				description shall include but not be limited to expected base building
				materials and standards (roof, windows, cladding, etc), interior finishes and
				quantities, HVAC specifications, vertical conveyances, parking, sustainability
				standards, etc.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.12 - PROPERTY CONTROL DIVISION FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
PCD charges by the page for copies of GSD Rules, documents,
				  forms, drawings, lease-purchase inventory, and other printed material
				  associated with this rule. The charge shall be based on a fee schedule issued
				  by PCD and based on costs to PCD. Some or all documents may be made available
				  electronically.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule applies to
				the calculation, assessment and collection of premiums to be charged to all
				governmental entities self-insured by the risk management division for any of
				the following coverages for which at least one year's experience exists:
(1) general liability, civil rights and
				personal injury;
(2) law
				enforcement liability;
(3) medical
				malpractice, personal property, health care facility liability;
(4) health care personal professional
				liability;
(5) foreign jurisdiction
				excess coverage, auto liability, and property coverage;
(6) workers' compensation; and
(7) any other coverages provided through the
				risk management division except unemployment compensation and employee group
				benefits coverages.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to:
A. Section
				15-7-2
				NMSA 1978 which, among other things, requires the risk management division to
				apportion state agencies' contributions for insurance and self-insurance
				coverage;
B. Section
				15-7-3
				NMSA 1978 which, among other things, authorizes the risk management division to
				adopt regulations prescribing the rating basis, assessments and penalties
				applicable to the public liability fund, the workers' compensation retention
				fund and the public property reserve fund;
C. Section
				41-4-25
				NMSA 1978 which, among other things, authorizes the risk management division to
				assess a penalty to local public bodies for failure to make timely payment;
				and
D. Section
				41-4-28
				NMSA 1978 which, among other things, requires the director to determine the
				amount to be assessed by each local public body for foreign jurisdiction
				liability coverage.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 14, 1997, unless a later date is cited at the end of a
				  section or paragraph.
[The language
or paragraph
is no longer
				  correct. Later dates are now cited only in the history notes, shown in
				  brackets, at the end of sections.]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prescribe the method of determining total premiums for
				  each line of coverage and to accurately and equitably calculate each covered
				  entity's share of insured or self-insured premium assessments. In addition, to
				  determine the penalty assessment to each covered entity for failure to pay on a
				  timely basis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
"agency"
or
"state
				agency"
means the state of New Mexico or any of its branches, agencies,
				departments, boards, instrumentalities or institutions;
B.
"average occupied beds"
means
				the daily average number of beds occupied in a health care facility during a
				one-year period, as determined by the risk management division; provided that,
				for nursing homes, five average occupied beds shall be equivalent to one
				average occupied bed in any other health care facility;
C.
"director"
means the director
				of the RMD;
D.
"experience"
means the amount of money paid and the amount of
				money reserved to pay claims against an insured, including amounts paid and
				reserved for adjustment, defense and liability, for claims incurred during a
				specified period of time;
E.
"exposure"
means a measure of the extent of an insured's risk of
				loss, disregarding experience. For example, exposure is frequently measured in
				terms of units based on capitation (e.g., a charge for each employee or
				student, or a charge by population) or budget;
F.
"full-time equivalent"
means
				the total number of weekly regular hours budgeted for part-time and full-time
				employees of a particular class, divided by forty;
G.
"local public body"
means all
				political subdivisions of the state and their agencies, instrumentalities and
				institutions;
H.
"RMD"
means the risk management division of the general services department;
				and
I.
"total operating
				budget"
means the total budget for an individual entity for the current
				or other recent year, excluding capital expenditures.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.8 - ANNUAL PREMIUM NOTICE, PREMIUM DUE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The RMD shall notify each governmental
				entity annually of the premiums due for each line of coverage provided by or
				through the division. Wherever applicable, the RMD shall attempt to mail the
				premium notice at least three months prior to the annual premium due date, or,
				if premiums are due more often than annually, at least three months prior to
				the first date any portion of the premium is due. Failure to provide or receive
				notice, or the existence of any inaccuracy in any notice, shall not relieve the
				governmental entity of the obligation to pay any premium. RMD may satisfy this
				notice provision as to state agencies by giving notice of their premiums to the
				state budget division of the department of finance and
				administration.
B. Premiums shall
				be payable to the RMD on the dates and in the manner the director establishes.
				Premiums are due and payable within sixty days (Saturdays, Sundays and holidays
				included) of the billing date, and are overdue thereafter. The RMD shall mail
				premium billings to each governmental entity at least sixty days before
				premiums are due. Such billings shall be in addition to any premium notice
				provided pursuant to Section 8.1 [now Subsection A of 1.6.2.8 NMAC].
C. Premiums not timely paid shall be subject
				to a late charge of not to exceed one and one-half percent (1.5 percent) per
				month of the unpaid balance. This late charge is in addition to and is
				cumulative with any other penalties which the RMD is authorized to impose by
				law. The director shall establish the percentage rate of the late charge at
				least annually, with the advice of the risk management advisory
				board.
D. The director, in his
				discretion, for good cause shown, may waive premiums and/or late charges for an
				entity that has insufficient funds for reasons beyond the control of the
				affected entity. The director in his discretion and after making diligent
				efforts administratively to collect, may write off premiums or late charges
				which he considers to be uncollectible. Good cause does not include
				unavailability of sufficient funds because of the entity's failure to request
				and/or budget sufficient funds in accordance with the notice provided pursuant
				to Section 8.1 [now Subsection A of 1.6.2.8 NMAC].
E. The director, in his discretion, may
				impose a higher deductible against a claim made by a governmental entity which
				has premiums or late charges (up to or overdue amount) that are more than sixty
				days overdue.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.9 - TOTAL PREMIUM DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. At
				least one month prior to the date of the annual premium notice, the RMD shall
				develop total premiums for each line of coverage to which this rule applies. A
				total premium shall be developed separately for different risk groups
				determined by the director.
B. The
				total premiums for a given line of coverage for a particular risk group shall
				be the annual average total experience for that risk group and line of coverage
				for the five most recent consecutive coverage years, disregarding the current
				year; provided that the director may, in his discretion, increase or decrease
				the total premium so calculated for any risk group and line of coverage by an
				amount not to exceed forty percent (40 percent).
C. In developing any total premium, the
				director may disregard or treat separately any particular experience which he
				feels would distort the experience as a whole of the risk group.
D. After developing total annual premium, the
				director shall determine what portion of premium for each risk group for each
				line of coverage shall be collected through exposure rating and what portion,
				if any, through experience rating. Lines of coverage with less than $200,000
				total annual premium or which experience smaller numbers of claims may, in the
				director's discretion, be rated solely on exposure.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.10 - DETERMINATION OF EXPOSURE/EXPERIENCE PREMIUMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the annual notice required
				pursuant to Section 4 of this rule [now Subsection A of 1.6.2.8 NMAC], the RMD
				shall calculate for each covered entity the annual premium for each line of
				coverage. Such premiums shall consist of an exposure-rated component and if
				applicable, in accordance with this rule, an experience-rated
				component.
B.The annual premium for
				an individual entity for a given line of coverage shall be calculated according
				to the following formula:
Entity Premium = IEP + IXP,
where IEP and IXP
				  are, respectively, the individual entity's exposure premium component and
				  experience premium component. IXP may be zero or not applicable to any
				  particular risk group or to any given line of coverage, in the director's
				  discretion. The director may, in his discretion, prescribe a minimum premium
				  for any risk group or line of coverage, and, where applicable, such minimum
				  premium shall be charged to the entity if greater than the entity premium
				  calculated according to this subsection. The director may exempt from payment
				  entities having a premium of $50.00 or less. Entities having less than three
				  full calendar year's experience shall be charged on a 100 percent exposure
				  basis, regardless of the fact that other entities in the same risk group are
				  paying on the basis of exposure and experience for a given line of
				  coverage.
C. The
				exposure-rated premium component for each individual entity for each line of
				coverage, other than entities rated on a 100 percent exposure basis pursuant to
				Section 6.2 of this rule [now Subsection B of 1.6.2.10 NMAC], shall be
				calculated according to the following formula:
IEP = TEP x
IEU
TEU
where:
(1) IEP is an
				individual entity's exposure premium component for a given line of
				coverage;
(2) TEP is the total
				exposure premium for that line of coverage for the risk group of which the
				individual entity is a part;
(3)
				IEU is the number of exposure units of the kind set forth in table 1 for the
				individual entity for that line of coverage;
(4) TEU is the total number of exposure units
				for all entities in that risk group for that line of coverage.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.11 - SPECIAL PREMIUMS, EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may augment or decrease any
				entity premium calculated in accordance with this rule upon his written finding
				that:
(1) the risk to be covered involves a
				degree or type of hazard not contemplated by the existing coverage;
				or
(2) the premium developed in
				accordance with this rule does not produce a premium corresponding to the risk;
				or
(3) an entity's individual
				exposures or experience accounts for 35 percent or more of the total for a
				given line of coverage.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.12 - OPTIONAL COVERAGES - EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall apply only to coverages that the RMD is
				  mandated to provide. The rule does not apply to those coverages that the RMD
				  may provide on an optional basis, and that [a] government entity has the right
				  to accept or reject. The director shall use these guidelines on optional
				  coverages if it appears that there are enough governmental entities involved,
				  and if it appears that they will be with the RMD for reasonable lengths of
				  time. The director will outline, in writing annually, the rate structure that
				  is to be used for optional coverages.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.13 - DEDUCTIBLES

Current through Register Vol. 35, No. 13, July 16, 2024
If a deductible is added or increased, the master rating
				  sheet for all agencies combined shall reflect the credit given. If a deductible
				  is eliminated or reduced, the master rating sheet for all agencies combined
				  shall show the additional charge.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.14 - BOARD REVIEW OF PREMIUM RATING PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The RMD shall seek the advice of the risk management advisory
				  board at least annually with regard to any premium rating plan established
				  pursuant to this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 2 - PREMIUM RATING FOR CERTAIN RISKS › Section 1.6.2.15 - INTERIM RATING PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
In the event that the computer program cannot be finalized in
				  time to develop the budget for FY 99 to meet DFA budget guidelines, the
				  director may develop FY 99 premium based on a percentage increase or decrease
				  from FY 98 premium in each line of business. Section 11[now
				  1.6.2.11
				  NMAC] will still apply to this interim provision.
[The agency has not amended the part to delete this temporary
				  provision.]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department (GSD) - Risk Management
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by law, this rule applies to all
				  state agencies, including elected officials and institutions of higher
				  learning, and all local public bodies. This rule supersedes and replaces all
				  prior conflicting rules and directives.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the authority of Section
				  9-17-5,
				  15-7-3,
				  51-1-17
				  and
				  51-1-46
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 2018, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide a uniform system for assessing the cost of
				  unemployment compensation benefits to state agencies and local public bodies,
				  based on each covered entity's claims experience that will be sufficient to
				  insure solvency of the fund(s). Further, to prescribe the methods for which
				  local public bodies may enter and leave the local public body unemployment
				  compensation reserve fund.