HOUSE STATE GOVERNMENT, INDIAN AND VETERANS AFFAIRS

 COMMITTEE SUBSTITUTE FOR

HOUSE BILL 113

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO INFORMATION TECHNOLOGY; PROVIDING FOR THE CHIEF INFORMATION OFFICER TO COORDINATE THE DEVELOPMENT OF A STATEWIDE BROADBAND NETWORK.

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

     SECTION 1. [NEW MATERIAL] CHIEF INFORMATION OFFICER-- STATEWIDE BROADBAND NETWORK.--

          A. The chief information officer shall coordinate the development of a statewide broadband network and apply for reimbursements from the federal universal service fund pursuant to Section 254 of the federal Telecommunications Act of 1996, 47 U.S.C. 254, as such section existed on January 1, 2006, on behalf of state agencies, political subdivisions and educational institutions that request to be included in the network.

          B. No later than June 30, 2019, the chief information officer shall provide for the development of a statewide, multipurpose, high-capacity, scalable telecommunications and broadband network. The development of the network shall be done in partnership with the public education department, the higher education department, state universities, other educational institutions and the public school facilities authority. Funding shall be allocated to network partnership participants who contribute to planning, design and implementation of the statewide education network on a fee-for-service basis using the participants' established rate structure pursuant to the public school capital outlay fund provided for in Section 22-24-4 NMSA 1978. The network shall consist of contractual arrangements with providers to meet the demand of state agencies, political subdivisions and educational institutions. The network shall provide access to a reliable and affordable infrastructure capable of carrying a spectrum of services and applications, including distance education, across the state. The chief information officer shall provide access on a voluntary basis to each school district, each community college, each state college and each four-year state university at the earliest feasible date. Access may be provided through educational service units or other aggregation points. The chief information officer shall aggregate demand for those state agencies and educational institutions choosing to participate and shall reduce costs for participants whenever feasible. The chief information officer shall establish a cost structure based on actual costs, including necessary administrative expenses, but not including administrative travel or conference expenses, and shall charge participants according to such cost structure.

          C. The chief information officer shall adopt technical standards for connection to the statewide broadband network.

          D. Indian nations, tribes and pueblos may connect to the statewide broadband network in exchange for a right-of-way agreement with the chief information officer. The chief information officer shall apply for reimbursements as provided in Subsection A of this section on behalf of Indian nations, tribes and pueblos that execute a right-of-way agreement.

- 3 -