SB 154 — PUBLIC PROPERTY DISPOSITION ACT

t u g e b l e e , gh The committee shall report its findings and proposed n d d i = = o h disposition to the governing authority, which shall make the l ] b ,d i a º r final decision regarding disposition of the tangible personal e r = t e w d m a n o property.

If the governing authority deviates from the drecommendations mof :the committee, it shall include its findings and reasons for deviation in the public record of the action.

b r e t º o t n = .211960.2 s k m e - 6 - e a n e d r e l u [ A d recommendations of the committee, it shall include its findings and reasons for deviation in the public record of the action.

A copy of the official finding and proposed disposition of the tangible personal property sought to be SB 154 Page 6 disposed of shall be made a permanent part of the official h minutes or records of the governing authority and maintained as u » r a public record subject to the Inspection of Public Records t h g e l i Act.

h r i s F.

A governing authority may dispose of surplus, h , e h obsolete, worn-out or unusable tangible personal property only t u g e b l e e , gh in one or more of the following ways:

n d d i = = o h (1) through the bureau;

l ] b ,d i a º r (2) by negotiated sale or donation to another e r = t e w d m a n o governmental entity, a state educational institution, a dmunicipality mor :an Indian tribe;

b r e t º o t n = .211960.2 s k m e - 7 - e a n e d r e l u [ A d municipality or an Indian tribe;

Other state agencies, school SB 154 Page 7 districts, charter schools and state educational institutions may give the bureau the right of first refusal when disposing h of surplus, obsolete, worn-out or unusable tangible personal u » r property.

Local public bodies and municipalities may also give t h g e l i the bureau the right of first refusal when disposing of h r i s surplus, obsolete, worn-out or unusable tangible personal h , e h property.

t u g e b l e e , gh H.

Proceeds from the sale of tangible personal n d d i = = o h property may be retained by a state agency, except by the l ] b ,d i a º r department of transportation and the state land office.

eProceeds rfrom =the tsale eof wtangible dpersonal mproperty aof nthe odepartment Proceedsof fromtransportation shall be deposited in the salestate ofroad tangiblefund, personaland property of the dstate mland :office shall be deposited in the state lands maintenance fund.

b r e t º o t n = .211960.2 s k m e - 8 - e a n e d r e l u [ A d department of transportation shall be deposited in the state road fund, and property of the state land office shall be deposited in the state lands maintenance fund.

SB 154 Page 8 J.

Tangible personal property of a governmental entity shall not be donated to an elected or appointed official h or employee or a relative of an elected official or appointed u » r employee of a governmental entity, state educational t h g e l i institution, municipality or Indian tribe;

provided, however, h r i s that nothing in this subsection precludes such elected or h , e h appointed official or employee or relative of an elected or t u g e b l e e , gh appointed official or employee from participating and bidding n d d i = = o h for public property at a public auction.

l ] b ,d i a º r SECTION 5.

[NEW MATERIAL ] TANGIBLE PERSONAL PROPERTY e r = t e w d m a n o DEEMED SURPLUS--OVER TEN THOUSAND DOLLARS ($10,000)--($10,000)--DISPOSITION.-- dA. m :

b r e t º o t n = .211960.2 s k m e - 9 - e a n e d r e l u [ A d DISPOSITION.-- A.

After giving SB 154 Page 9 the bureau the right of first refusal, if required, the disposition shall be by negotiated sale, competitive sealed bid, public auction or allowable h donation.

u » r B.

The state oversight agency shall consider the t h g e l i determination by the governmental entity that the proposed h r i s sale, trade or donation of tangible personal property is in the h , e h best interest of the governmental entity and the public and, t u g e b l e e , gh for state agencies, the state.

The state oversight agency may n d d i = = o h condition its approval of the governmental entity's l ] b ,d i a º r determination of public interest on the disposition of the item eof rtangible =personal tproperty efirst wbeing doffered mfor asale nor odonation ofto tangibleanother personalgovernmental propertyentity, firsta beingstate offerededucational forinstitution, salea municipality or dan mIndian :tribe.

b r e t º o t n = .211960.2 s k m e - 10 - e a n e d r e l u [ A d donation to another governmental entity, a state educational institution, a municipality or an Indian tribe.

and SB 154 Page 10 (5) any other governmental entity shall be determined by the governing authority of the governmental h entity.

g o t hr SECTION 6.

[NEW MATERIAL ] K-9 DOGS--DISPOSITION.--If the g e i k secretary of public safety finds that a K-9 dog presents no h r i s threat to public safety, the K-9 dog may be released from h , t, public ownership as provided in this section.

The K-9 dog e u g e b l e e h shall first be offered to its trainer or handler free of n d d i = = o h charge.

If the trainer or handler does not want to accept l ] b ,d i a º e ownership of the K-9 dog, the K-9 dog shall be offered to a r i = r t e w d m a n o tax-exempt organization free of charge.

If both of the above dfail, mthe :K-9 dog shall only be sold to a qualified person found capable of providing a good home to the animal.

b e d s º o t n = .211960.2 s k m e - 11 - e a n e d r e l u [ A d fail, the K-9 dog shall only be sold to a qualified person found capable of providing a good home to the animal.

[NEW MATERIAL ] SALE OF REAL PROPERTY--PROPERTY--THRESHOLDS--DONATION THRESHOLDS--DONATION UNDER CERTAIN CIRCUMSTANCES--EXECUTIVE APPROVALS REQUIRED PRIOR TO LEGISLATIVE ACTION.-- A.

Except as provided in Subsection B of this section, when a governmental entity makes a written determination that particular real property having a value up to sixty thousand dollars ($60,000) is not needed to fulfill the statutory responsibility or the mission of the governmental entity, it may sell, trade or, under certain circumstances, donate the real property to another governmental entity, a state educational institution, a municipality, an Indian tribe or a tax-exempt organization as SB 154 Page 11 provided in this section.

h (1) an appraisal, if selling the real g o t hr property;

g e i k (2) a market analysis, as appropriate;

h r i s (3) the purchase price;

h , t, (4) the form of quitclaim deed and a legal e u g e b l e e h description of the property;

n d d i = = o h (5) a sale agreement, if applicable;

l ] b ,d i a º e (6) the governing authority's authorization;

r i = r t e w d m a n o (7) the state engineer's approval of any dtransfer mof :water rights;

b e d s º o t n = .211960.2 s k m e - 12 - e a n e d r e l u [ A d transfer of water rights;

or SB 154 Page 12 (3) through its central purchasing office by means of competitive sealed bid, competitive sealed proposal or public auction.

A governmental entity or state educational h institution may donate real property to another governmental u » r entity or state educational institution, a municipality, an t h g e l i Indian tribe or a tax-exempt organization upon approval of its h r i s state oversight agency and, if required by the provisions of h , e h this section, further review by the capitol buildings planning t u g e b l e e , gh commission and approval by the state board of finance and the n d d i = = o h legislature.

l ] b ,d i a º r D.

Approval of a sale, trade or donation of real eproperty rmay =be tconditioned eon wthe dproperty mfirst abeing noffered ofor propertysale, maytrade beor conditioneddonation onto theanother propertygovernmental firstentity, beingstate offerededucational dinstitution mor :municipality before other buyers or donees are considered.

b r e t º o t n = .211960.2 s k m e - 13 - e a n e d r e l u [ A d for sale, trade or donation to another governmental entity, state educational institution or municipality before other buyers or donees are considered.

SB 154 Page 13 (a) approval of the state oversight agency;

(b) review by the capitol buildings planning commission if the real property is state property and h the proposed disposition comports with the state's or local u » r public body's inventory and master plan and is in the best t h g e l i interest of the state, the state agency or the local public h r i s body;

h , e h (c) approval by the state board of t u g e b l e e , gh finance;

and n d d i = = o h (d) ratification of the proposed sale, l ] b ,d i a º r trade or donation by the legislature is required before certain e r = t e w d m a n o state property may be sold, traded or donated.

dF. m :

bReal rproperty ewith ta ºfair omarket tvalue nover =two .211960.2hundred sthousand kdollars m($200,000) ethat -is 14proposed -to ebe sold, traded or donated by a nstate eagency dshall rbe eratified lby ujoint [resolution Aof dthe F.legislature after prior review and approvals have been granted and the findings and recommendations of the state oversight agency and the state board of finance and, if required, review by the capitol buildings planning commission, have been provided to the legislature, along with the conditional agreement between the state agency and the buyer, trading partner or donee that specifies how the sale, trade or donation is to be conducted, to whom the property is to be sold, traded or donated and the SB 154 Page 14 purchase price, value of the trade or market value of the donation.

RealG. property with a fair market value over two hundred thousand dollars ($200,000) that is proposed to be sold, traded or donated by a state agency shall be ratified by joint resolution of the legislature after prior review and approvals have been granted and the findings and recommendations of the state oversight agency and the state board of finance and, if required, review by the capitol buildings planning commission, have been provided to the legislature, along with the SRCº information required for the determination to sell, trade or donate the real property by the state agency.

conditionalReal agreementproperty betweenbelonging theto a state agency andby thevirtue buyer,of tradinglegislative partneraction, either by bill or doneeresolution, thatshall specifiesremain howunder the sale,control, trademaintenance orand donationadministration isof tothat bestate conducted,agency toand whom the propertystate isagency toshall benot sold,change tradedthe orownership donatedof andthat theproperty purchaseto price,another valuestate ofagency the trade or marketother valuegovernmental ofentity thewithout donation.»SRClegislative G.approval.

RealSECTION property8. belonging to a state agency by h virtue of legislative action, either by bill or resolution, u » r shall remain under the control, maintenance and administration t h g e l i of that state agency and the state agency shall not h r i s SPACº attempt to»SPAC change the ownership SPACºor h , e h management»SPAC of that property to another state agency or t u g e b l e e , gh other governmental entity without legislative approval.

nSALE dOF dREAL iPROPERTY =BY =STATE oAGENCIES--LAND hGRANT SECTIONRIGHT 8.OF FIRST REFUSAL.-- A.

[NEWNotwithstanding MATERIALany ]other SALEprovisions OFof REALthe PROPERTYPublic BYProperty STATEDisposition lAct, ]a bstate ,dagency ishall give the board of trustees of a ºcommunity rland AGENCIES--LANDgrant GRANTgoverned RIGHTpursuant OFto FIRSTthe REFUSAL.--provisions eof rChapter =49, tArticle e1 wNMSA d1978 mor aby nstatutes ospecific A.to the named land grant the right of first refusal when selling real property belonging to the state agency if the property is land that is located within the boundaries of that community land grant as shown in the United States patent to the grant.

Notwithstanding any other provisions of the d m :

b r e t º o t n = .211960.2 s k m e - 15 - e a n e d r e l u [ A d Public Property Disposition Act, a state agency shall give the board of trustees of a community land grant governed pursuant to the provisions of Chapter 49, Article 1 NMSA 1978 or by statutes specific to the named land grant the right of first refusal when selling real property belonging to the state agency if the property is land that is located within the boundaries of that community land grant as shown in the United States patent to the grant.

If the board of trustees of the community land grant elects not to purchase the land offered for sale or does not respond to the notice of sale within forty-five days of receipt of the notice, the state agency may otherwise dispose of the real property in accordance with applicable SB 154 Page 15 law.

The provisions of this section do not apply to lands held in trust pursuant to the Enabling Act for New Mexico and for which that act prescribes how that land may be disposed h of.

u » r D.

The provisions of this section do not apply to t h g e l i the conveyance or transfer of state highways to local h r i s governments.

h , e h SECTION 9.

[NEW MATERIAL ] LEASES OF PUBLIC PROPERTY.-- t u g e b l e e , gh A.

When a state agency proposes to lease its real n d d i = = o h property for a period of between five years and twenty-five l ] b ,d i a º r years, the lease shall not be valid unless it is approved by e r = t e w d m a n o the state oversight agency;

reviewed by the capitol buildings dplanning mcommission :if the real property is located in the greater metropolitan areas of Santa Fe, Las Cruces and Albuquerque to determine if the proposed lease comports with the respective master plan and is in the best interest of the state and the state agency;

b r e t º o t n = .211960.2 s k m e - 16 - e a n e d r e l u [ A d planning commission if the real property is located in the greater metropolitan areas of Santa Fe, Las Cruces and Albuquerque to determine if the proposed lease comports with the respective master plan and is in the best interest of the state and the state agency;

reviewed by the capitol buildings planning commission if the real property being leased is located in the greater metropolitan areas of SB 154 Page 16 Santa Fe, Las Cruces and Albuquerque and a state master plan includes building a state building that is planned to be used by the state agency within the time frame of the proposed lease;

h C.

When a state agency proposes to lease its real u » r property for longer than twenty-five years or for consideration t h g e l i of more than one hundred thousand dollars ($100,000), it shall h r i s be ratified by a joint resolution of the legislature after all h , e h prior approvals and reviews have been granted and the findings t u g e b l e e , gh and recommendations of the state oversight agency, the capitol n d d i = = o h buildings planning commission and the state board of finance l ] b ,d i a º r have been provided to the legislature, along with the pertinent e r = t e w d m a n o information required in Subsection A of Section 7 of the Public dProperty mDisposition :Act.

b r e t º o t n = .211960.2 s k m e - 17 - e a n e d r e l u [ A d Property Disposition Act.

[NEW MATERIAL ] EXEMPTED STATE AGENCIES AND STATE EDUCATIONAL INSTITUTIONS--PROCESSES AND PROCEDURES.--PROCEDURES.--State State agencies and state educational institutions exempted from the provisions of the Public Property Disposition Act shall have in place a process and procedures for disposing of tangible personal property and real property that provides for the protection of governmental assets that is promulgated by rule SB 154 Page 17 of the governing authority that is readily available to the public.

[NEW MATERIAL ] SURPLUS PROPERTY BUREAU hCREATED-- CREATED--DUTIES--POWERS.--DUTIES--POWERS.-- g o t hr A.

The "surplus property bureau" is created in the g e i k transportation services division of the general services h r i s department.

The bureau is designated as the New Mexico agency h , t, responsible for distribution of federal surplus personal e u g e b l e e h property, excepting food commodities, in accordance with n d d i = = o h Subdivision (j) of Section 203 of the Federal Property and l ] b ,d i a º e Administrative Services Act of 1949.

The bureau is also r i = r t e w d m a n o designated as the agency for distribution or disposal of state dsurplus mproperty. :

b e d s º o t n = .211960.2 s k m e - 18 - e a n e d r e l u [ A d surplus property.

(2) cooperate with the federal government and its agencies in securing the expeditious and equitable distribution of federal surplus personal property, excepting food commodities, to eligible institutions in New Mexico, and SB 154 Page 18 assist those institutions in securing that property;

and h (4) manage a program to recycle, donate, sell u » r or dispose of surplus tangible personal property of t h g e l i governmental entities, state educational institutions and h r i s municipalities.

h , e h C.

t u g e b l e e , gh (1) enter into agreements with the federal n d d i = = o h government or its agencies for the purchase, lease, receipt as l ] b ,d i a º r a loan or gift or any other means of acquisition of any real or e r = t e w d m a n o personal property without regard to provisions of state law dthat mrequire: :

b r e t º o t n = .211960.2 s k m e - 19 - e a n e d r e l u [ A d that require:

(3) enter into contracts with governmental SB 154 Page 19 entities, state educational institutions and municipalities for the purpose of acquiring or disposing of tangible personal property originally purchased with public money as specified by rule of the transportation services division of the general services department;

and h (4) designate the representative of a user to g o t hr enter a bid at a sale of real or personal property owned by the g e i k United States government or any agency or department of the h r i s federal government and authorize that person to make payment h , t, required in connection with the bidding.

e u g e b l e e h SECTION 12.

[NEW MATERIAL ] SURPLUS PROPERTY FUND--FUND--CREATED-- nEXPENDITURES.-- d d i = = o h CREATED--EXPENDITURES.-- l ] b ,d i a º e A.

The "surplus property fund" is created as a r i = r t e w d m a n o nonreverting fund in the state treasury.

The fund consists of dmoney mreceived :from the sale of surplus property by the bureau.

b e d s º o t n = .211960.2 s k m e - 20 - e a n e d r e l u [ A d money received from the sale of surplus property by the bureau.

Money in the surplus property fund attributable SB 154 Page 20 to the sale of federal property shall be held and accounted for separately from money attributable to the purchase or sale of state or local government property.

[NEW MATERIAL ] DISPOSITION OF STATE PROPERTY.--The bureau may dispose of tangible personal h property, except property acquired from the United States u » r government, by advertising the availability of the property as t h g e l i follows:

h r i s A.

for the first forty-five-day period, to any h , e h governmental entity, state educational institution or t u g e b l e e , gh municipality that has entered into an agreement with the n d d i = = o h bureau;

l ] b ,d i a º r B.

for the second forty-five-day period, to any egovernment ragency =or tIndian etribe wor dto m a ntax-exempt oorganization governmentthat agencyhas orfiled Indianits tribewritten orcertificate toof atax tax-exemptexemption dwith mthe :bureau;

b r e t º o t n = .211960.2 s k m e - 21 - e a n e d r e l u [ A d organization that has filed its written certificate of tax exemption with the bureau;

REPEAL.--Sections 13-6-1 through 13-6-8 NMSA 1978 (being Laws 1961, Chapter 100, Section 1, SB 154 Page 21 Laws 1979, Chapter 195, Section 3, Laws 1989, Chapter 380, Section 1, Laws 1961, Chapter 41, Section 1, Laws 1979, Chapter 195, Section 5, Laws 2005, Chapter 251, Section 1 and Laws 2007, Chapter 57, Sections 1 through 3, as amended) are repealed.

hSB -154 Page 22 -7 u9 »25 r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211960.2 s k m e e a n e d r e l u [ A d