In exercising supervisory control pursuant to Section 15-2-2 NMSA 1978 [9-27-14 NMSA 1978], the department of information technology may lease to a private entity excess capacity relating to the provision of two-way radio services on its radio communications property, including buildings, towers or antennas, provided that:

A. the lease conforms with competitive procurement requirements of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978];

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

C. the secretary of information technology 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 department of information technology 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 telecommunication service providers; and

F. income from the leases shall be deposited to the credit of the department of information technology and used to carry out the duties of the department.

History: 1978 Comp., § 15-2-2.1, enacted by Laws 1997, ch. 263, § 1; 2007, ch. 288, § 2; 2007, ch. 290, § 15; recompiled as § 9-27-15 by Laws 2009, ch. 146, § 10.

Recompilations. — Laws 2009, ch. 146, § 10 recompiled former 15-2-2.1 NMSA 1978 as 9-27-15 NMSA 1978, effective June 19, 2009.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2009, ch. 146, § 10 recompiled former 15-2-2 NMSA 1978 as 9-27-14 NMSA 1978, effective June 19, 2009.

2007 Multiple Amendments. — Laws 2007, ch. 288, § 2, effective June 15, 2007, and Laws 2007, ch. 290, § 15, effective July 1, 2007, both enacted amendments to this section. Pursuant to 12-1-8 NMSA 1978, Laws 2007, ch. 290, § 15, as the last act signed by the governor, has been compiled into the NMSA 1978 as set out above, and Laws 2007, ch. 288, § 2, while not compiled pursuant to 12-1-8 NMSA 1978, is set out below.

Laws 2007, ch. 290, § 15 [set out above], effective July 1, 2007, authorized the department of information technology radio communications to lease a private excess capacity relating for two-way radio services.

Laws 2007, ch. 288 , § 2 [set out below], effective June 15, 2007, in Subsection E, added local telecommunication service providers to the plan and provided:

"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."