SENATE BILL 351

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

William E. Sharer

FOR THE

ECONOMIC AND RURAL DEVELOPMENT AND TELECOMMUNICATIONS COMMITTEE

AN ACT

RELATING TO ADMINISTRATION OF GOVERNMENT; PROVIDING FOR THE GENERAL SERVICES DEPARTMENT'S AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES.

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

     Section 1. A new section of Chapter 15 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TELECOMMUNICATIONS SERVICES--STATE AGENCIES.--In providing telecommunications services pursuant to Chapter 15 NMSA 1978, the radio communications bureau and the telecommunications bureau of the communications division of the general services department shall not provide telecommunications services, including telephone, data and broadband services, to any entity other than a department, institution or agency of the state government."

     Section 2. Section 15-2-2.1 NMSA 1978 (being Laws 1997, Chapter 263, Section 1) is amended to read:

     "15-2-2.1. LEASE OF RADIO COMMUNICATIONS NETWORK--CONDITIONS AND REQUIREMENTS.--In exercising supervisory control pursuant to Section 15-2-2 NMSA 1978, the radio communications bureau of the communications division of the general services department may lease to a private entity excess capacity on its radio communications property, including buildings, towers or antennas, provided that:

          A. the lease conforms with competitive procurement requirements of the Procurement Code;

          B. the lease is for an equal value exchange of money or property;

          C. the secretary of general services certifies that the excess capacity will be available for at least the duration of the lease;

          D. if the lease exceeds ten years, the lease is first approved by the state board of finance;

          E. the radio communications bureau has submitted to the legislative finance committee a detailed plan for the use of excess capacity being leased and an assessment of how the lease will affect public sector uses and local telecommunications service providers; and

          F. income from the leases shall be deposited to the credit of the radio communications bureau and used to carry out the duties of the bureau."

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