The division may do all acts necessary and proper for the redesigning, major renovation and remodeling of present state buildings and the erection of additional state buildings when needed. The division may let contracts for these purposes in accordance with the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978]. A contract for such redesigning, major renovation, remodeling or construction that costs more than five million dollars ($5,000,000), not including gross receipts tax, must first be approved by the state board of finance. This section applies only to state buildings under the division's jurisdiction.

History: 1953 Comp., § 6-2-29, enacted by Laws 1968, ch. 43, § 5; 1971, ch. 285, § 6; 1977, ch. 247, § 71; 1978, ch. 209, § 1; 1983, ch. 301, § 49; 1989, ch. 324, § 9; 1996, ch. 46, § 3; 1978 Comp., § 15-3-11, recompiled and amended as 1978 Comp., § 15-3B-6 by Laws 2001, ch. 319, § 6; 2007, ch. 312, § 3; 2013, ch. 215, § 1.

Cross references. — For powers and duties of state board of finance, see 6-1-1 NMSA 1978.

The 2013 amendment, effective June 14, 2013, increased the threshold amount for state board of finance approval of building and remodeling contracts entered into by the property control division of the general services department; deleted the former third sentence, which required that all remodeling be approved by the state board of finance; in the current third sentence, added "A contract for such redesigning, major renovation, remodeling or construction that costs" and after "more than", deleted phrase "five hundred thousand dollars ($500,000)" and added "five million dollars ($5,000,000)" and deleted the former fifth sentence, which required that contacts under the threshold amount be reported to the state board of finance.

The 2007 amendment, effective July 1, 2007, provided that contracts costing more than $500,000, not including gross receipts tax, must be approved by the state board of finance and that all other contracts shall be reported to the state board of finance at the meeting after the contract is signed.

The 2001 amendment, effective July 1, 2001, recompiled former 15-3-11 NMSA 1978 as this section; deleted the subsection designations; deleted "director of the property control" twice; with regard to contracts, substituted the "provisions of the Procurement Code" for "made in according to the established state purchasing procedures"; deleted the former last sentence of Subsection A concerning redesign, renovation or remodeling; deleted former Subsection B in its entirety; added the language beginning "section applies only to" at the end of the section; and made stylistic changes.

The 1996 amendment, effective July 1, 1996, substituted "state buildings exempt from the control of the property control division pursuant to Section 15-3-2 NMSA 1978" for "building of the state highway department" at the end of Subsection A, substituted "has filed" for "shall have filed" in the last sentence of Subsection B, and deleted former Subsection C, which provided that the secretary of general services shall establish a schedule of rental fees and the subsequent utilization of those fees.

Prior approval of board of finance mandatory. — The chief (now director) of the property control division may not award any contract that has not been approved by the board of finance. 1969 Op. Att'y Gen. No. 69-56.

No act or acts of the chief (now director) of the property control division have any validity so far as creating contractual obligation of the state of New Mexico until approval is given by the board of finance. 1969 Op. Att'y Gen. No. 69-56.

Contractual provisions authorized. — Inherent in the authority to do all acts necessary and proper in the remodeling or erection of state buildings, including the authority to let the contract, is the power to include therein a provision that the contractor must obtain a permit from the proper trade board (now bureau), pay the permit fee and submit to inspection to ensure compliance with the codes. 1970 Op. Att'y Gen. No. 70-38.