2016 New Mexico Statutes
Chapter 9 - Executive Department
Article 27 - Department of Information Technology
Section 9-27-15 - Lease of radio communications network; conditions and requirements.

9-27-15. Lease of radio communications network; conditions and requirements.

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 through 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.