HOUSE BILL 388

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Debra M. Sariñana and Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO CYBERSECURITY; CREATING THE CYBERSECURITY FUND; ESTABLISHING PURPOSES; MAKING AN APPROPRIATION.

 

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

     SECTION 1. [NEW MATERIAL] CYBERSECURITY FUND--CREATED--PURPOSE.--

          A. The "cybersecurity fund" is created as a nonreverting fund in the state treasury and shall be administered by the department of information technology for the purposes stated in Subsection B of this section; provided that upon Senate Bill 280 of the first session of the fifty-sixth legislature becoming law, the fund shall be administered by the cybersecurity office. The fund consists of appropriations, bequests, distributions, donations, gifts, grants or money that otherwise accrues to the fund.

          B. Money in the cybersecurity fund shall be used for cyber attack response and recovery services of information technology systems or databases operated or owned by any branch of state government, its political subdivisions, public schools or tribal entities.

          C. Expenditures from the cybersecurity fund for cyber attack response and recovery services for:

                (1) executive state agencies, political subdivisions of the state, public schools or tribal entities shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of information technology; provided that upon Senate Bill 280 of the first session of fifty-sixth legislature becoming law, the vouchers shall be signed by the state chief information security officer;

                (2) legislative state agencies shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the legislative council service; and

                (3) judicial branch state agencies shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the courts.

     SECTION 2. APPROPRIATION.--Thirty-five million dollars ($35,000,000) is appropriated from the general fund to the cybersecurity fund for expenditure in fiscal year 2024 and subsequent fiscal years for the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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