SPAC/SB 351

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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:

"TELECOMMUNICATIONS SERVICES--SCOPE AND CONDITIONS.--In

providing telecommunications services pursuant to Chapter 15

NMSA 1978, 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 those authorized pursuant to Section 15-5-1 NMSA 1978,

except for telecommunications services that are necessary to

facilitate state-mandated programs, such as distance

education, telehealth or school-based health center programs.

Before expansion or upgrade of the state-owned or

state-funded telecommunications network, or creation of any

additional state telecommunications network, whether voice,

data or video transmission, the general services department

shall prepare an agency plan consistent with state law and

applicable regulations. The agency plan shall include those

components set forth in Section 15-1C-8 NMSA 1978 and shall

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also include an assessment of how the project would

potentially affect local telecommunications service providers

and telecommunications service ratepayers."

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

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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."

Section 3. Section 15-5-1 NMSA 1978 (being Laws 1978,

Chapter 124, Section 11, as amended) is amended to read:

"15-5-1. TELECOMMUNICATIONS BUREAU CREATED--DUTIES.--

A. The "telecommunications bureau" is created

within the communications division of the general services

department.

B. The telecommunications bureau shall enter into

necessary agreements to provide, where feasible, a central

telephone system, including wide-area telephone service, and

related facilities to all executive, legislative, judicial,

institutional and other state governmental offices located in

the state of New Mexico.

C. As used in this section, "executive,

legislative, judicial, institutional and other state

governmental offices" means any of the branches, agencies,

departments, institutions or boards of the state of New

Mexico, but does not include a municipality, county, school

district or two-year public post-secondary educational

institution."