SENATE BILL 674

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO INFORMATION TECHNOLOGY; CLARIFYING THE DEPARTMENT OF INFORMATION TECHNOLOGY'S AUTHORITY TO PROVIDE BROADBAND AND ADVANCED COMPUTING SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 15-2-1 NMSA 1978 (being Laws 1980, Chapter 151, Section 9, as amended) is amended to read:

     "15-2-1. TELECOMMUNICATIONS SERVICES.--

          A. The secretary of information technology may hire a communications engineer to oversee the engineering responsibilities of the department of information technology. The communications engineer shall have a degree in either electrical engineering with an electrical communications specialty or in electronics engineering.

          B. In providing telecommunications services pursuant to Chapter 15 NMSA 1978, the department of information technology shall not provide telecommunications services, including telephone, data and broadband services, to an entity other than those authorized pursuant to Section 15-5-1 NMSA 1978, except as is necessary to facilitate a state-mandated program, including distance education, telehealth or school-based health center programs and to facilitate access to a nonprofit corporation formed pursuant to the University Research Park and Economic Development Act for use of state-owned advanced computing capacity and, at a price no less than the value of the services to the state, to a private entity pursuant to Subsection C of this section.

          C. In addition to the authority granted in Subsection B of this section, the department of information technology may lease broadband capacity from a telecommunications company, and, to the extent the department has excess capacity under that lease, it may lease that excess capacity or a portion of that excess capacity, at a price no less than the value of that capacity to the state, to a private entity to do research and development in collaboration with the state-owned advanced computing capacity authorized in Subsection 7 of Section 61 of Chapter 42 of Laws 2007.

          D. Before expansion or upgrade of a state-owned or state-funded telecommunications network, whether voice, data or video transmission, the department shall prepare a plan consistent with state law and applicable rules that includes an assessment of how the project would potentially affect local telecommunications service providers and telecommunications service ratepayers."

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