In exercising supervisory control pursuant to Section 9-27-14 NMSA 1978, the department 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:

1. A. the lease is for an equivalent value exchange of money or property or services;
2. B. the secretary certifies that the excess capacity will be available for at least the duration of the lease;
3. C. if the lease exceeds ten years, the lease is first approved by the state board of finance;
4. D. the department 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
5. E. income from the leases shall be deposited to the credit of the department 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; 2023, ch. 132, § 4.

ANNOTATIONS

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

The 2023 amendment, effective July 1, 2023, removed a requirement that an agreement between the department of information technology and a private entity to lease excess capacity relating to the provision of two-way radio services on its radio communications property conform with the Procurement Code; deleted Subsection A and redesignated Subsections B through F as Subsections A through E, respectively; and in Subsection A, after "for an", deleted "equal" and added "equivalent", and after "property", added "or services".

2007 Amendments. — Laws 2007, ch. 290, § 15, 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, effective June 15, 2007, in Subsection E, added local telecommunication service providers to the plan.