0001| HOUSE BILL 49 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| LUCIANO "LUCKY" VARELA | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO INFORMATION SYSTEMS; AMENDING THE INFORMATION AND | 0012| COMMUNICATION MANAGEMENT ACT TO PROVIDE ADDITIONAL DUTIES FOR | 0013| THE CHIEF INFORMATION OFFICER AND THE TECHNICAL ADVISORY | 0014| COMMITTEE; CHANGING THE AGENCY'S SUNSET DATE. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 15-1B-1 NMSA 1978 (being Laws 1996, | 0018| Chapter 44, Section 1) is amended to read: | 0019| "15-1B-1. SHORT TITLE.--~[This act]~ |Chapter 15, | 0020| Article 1B NMSA 1978| may be cited as the "Information and | 0021| Communication Management Act"." | 0022| Section 2. Section 15-1B-5 NMSA 1978 (being Laws 1996, | 0023| Chapter 44, Section 5) is amended to read: | 0024| "15-1B-5. CHIEF INFORMATION OFFICER--DUTIES.--The chief | 0025| information officer shall: | - 1 - 0001| A. provide leadership in and coordination of the | 0002| continued development of the existing information architecture | 0003| with the technical advisory committee, executive agencies and | 0004| other public entities as necessary; | 0005| B. monitor national and international standards | 0006| relating to information resources technologies, develop and | 0007| publish policies, procedures and standards relating to | 0008| information resources management by ~[state]~ executive | 0009| agencies and ensure compliance with those policies, procedures | 0010| and standards; | 0011| C. ensure that prudent risk management practices | 0012| preserve the integrity and security of information and | 0013| communications systems and ensure timely resumption of | 0014| operations following a disaster; | 0015| D. facilitate, cooperate with and provide guidance | 0016| to executive agencies in the preparation of annual information | 0017| and communications systems management plans, which shall | 0018| include information about planned information technology | 0019| objectives and expenditures for the next fiscal year in the | 0020| level of detail and format specified by the chief information | 0021| officer; | 0022| E. work with the technical advisory committee and | 0023| executive agencies to develop agency plans that: | 0024| (1) demonstrate that the |executive| agency | 0025| has developed relevant, achievable, measurable objectives | - 2 - 0001| consistent with the |executive| agency's mission and existing | 0002| statewide information and communications policies and goals, | 0003| including the information architecture, or that departures | 0004| from ~[such]~ |the| policies and goals are justified; | 0005| (2) show effective and efficient use of | 0006| available resources, including staff, funds and existing | 0007| capital and time; | 0008| (3) specifically identify communities of | 0009| interest, within and outside the |executive| agency, with whom | 0010| information and data should be shared to prevent duplication | 0011| of effort; and | 0012| (4) provide for security of data and disaster | 0013| recovery in a manner consistent with the |executive| agency's | 0014| needs and statewide policies; | 0015| F. make recommendations to the department of | 0016| finance and administration and the legislative finance | 0017| committee for approval or disapproval of the collective | 0018| executive agency recommendations and requests for expenditures | 0019| for information ~[or]~ |and| communications ~[management]~ | 0020| systems if requested ~[information]~ appropriations in any | 0021| fiscal year exceed five hundred thousand dollars ($500,000). | 0022| The amount requested is to be determined by calculation of | 0023| amounts to be expended for equipment, software, maintenance | 0024| costs, agreements for services and other related costs of such | 0025| systems; | - 3 - 0001| G. monitor ~[periodically]~ the performance of | 0002| executive agencies in achieving the goals of their individual | 0003| |information and communications systems| plans and in | 0004| achieving compliance with the information architecture. A | 0005| written report shall be sent to the head of the |executive| | 0006| agency, |the department of finance and administration and the | 0007| legislative finance committee|. The report shall: | 0008| (1) specify compliance with information | 0009| architecture; | 0010| (2) specify compliance with approved plans; | 0011| (3) specify solutions for improved | 0012| compliance; ~[and]~ | 0013| (4) ~[be provided, along with]~ |include | 0014| executive| agency |comments and| recommendations ~[to the | 0015| legislative finance committee]~; |and | 0016| (5) include the status of implementation of | 0017| technical advisory committee recommendations;| | 0018| H. develop a schedule for ongoing monitoring of | 0019| major system development projects |and provide a copy to the | 0020| department of finance and administration and the legislative | 0021| finance committee|. A written |project| report shall be sent | 0022| to the head of the |executive| agency as specified in the | 0023| schedule |and to the department of finance and administration | 0024| and the legislative finance committee|. The report shall: | 0025| (1) specify compliance with information | - 4 - 0001| architecture; | 0002| (2) specify compliance with ~[audit | 0003| guidelines; | 0004| (3) provide recommendations for improved | 0005| compliance; and | 0006| (4) be provided, along with agency | 0007| recommendations, to the legislative finance committee]~ |the | 0008| approved plan, including milestone achievement, cost | 0009| containment, benefit realization and schedule adherence; | 0010| (3) identify major technical, programmatic | 0011| and management problems; | 0012| (4) include management recommendations for | 0013| improved compliance and problem resolution; | 0014| (5) include agency comments and | 0015| recommendations; and | 0016| (6) specify the status of implementation of | 0017| technical advisory committee recommendations|; | 0018| I. review all budget requests for appropriations | 0019| for information and communications systems for all executive | 0020| agencies for each fiscal year. The chief information officer | 0021| shall designate the priority of each requested expenditure by | 0022| assigning priorities based on the state strategic plan for | 0023| information and communications systems management. The | 0024| priority listing |and recommended funding level| shall be | 0025| provided to the department of finance and administration and | - 5 - 0001| the legislative finance committee |on or before November 15 | 0002| preceding the next regular session of the legislature|. Each | 0003| |executive| agency shall also receive a copy of the priority | 0004| listing. The budget request for appropriations shall be | 0005| prepared in cooperation with each executive agency; | 0006| |J. make written recommendations to the department | 0007| of finance and administration and the legislative finance | 0008| committee for approval or disapproval of all information and | 0009| communication systems-related budget adjustment requests and | 0010| make recommendations to the department of finance and | 0011| administration for purchases of tangible personal property of | 0012| information and communications systems exceeding five thousand | 0013| dollars ($5,000) and purchases of information and | 0014| communications systems services exceeding twenty thousand | 0015| dollars ($20,000)|; | 0016| ~[J.]~ |K.| appoint members of the technical | 0017| advisory committee, call meetings of the committee and preside | 0018| over the meetings, as provided in Section ~[7 of the | 0019| Information and Communication Management Act; and]~ |15-1B-7 | 0020| NMSA 1978|; | 0021| ~[K.]~ |L.| develop the state strategic plan for | 0022| information and communications systems management on a | 0023| continual basis. The plan shall be submitted annually to the | 0024| department of finance and administration |and the legislative | 0025| finance committee|. Amendments to the plan shall be made in | - 6 - 0001| cooperation with executive agencies and the technical advisory | 0002| committee. The plan shall take into account the existing | 0003| |executive| agency plans and the information architecture and | 0004| assess the resources available, costs and benefits of | 0005| provisions in the plan, including assessment of alternative | 0006| courses of action, the risks involved, a summary of the | 0007| state's current and projected use of information technology, a | 0008| description of major changes in state policy and a brief | 0009| description of each executive agency plan; |and| | 0010| |M. ensure that persons conducting independent | 0011| validation and verification and independent quality assurance | 0012| for information and communications systems development | 0013| projects report directly to the office on information and | 0014| communication management and provide the department of finance | 0015| and administration and legislative finance committee with | 0016| written project reports|." | 0017| Section 3. Section 15-1B-7 NMSA 1978 (being Laws 1996, | 0018| Chapter 44, Section 7) is amended to read: | 0019| "15-1B-7. TECHNICAL ADVISORY COMMITTEE--CREATION-- | 0020| PURPOSE.-- | 0021| A. The "technical advisory committee" is created. | 0022| The committee shall consist of senior technical representatives | 0023| from the judiciary, the legislature, executive agencies, local | 0024| political subdivisions, public school systems, higher | 0025| education, the business community, the national laboratories | - 7 - 0001| and the general public and shall be appointed by the chief | 0002| information officer. Meetings shall be held ~[on]~ |at| the | 0003| call of the chief information officer, |but at least | 0004| quarterly|. | 0005| B. The technical advisory committee shall | 0006| ~[represent users of the information and communications systems | 0007| affected by the information architecture and shall]~ provide | 0008| advice to the chief information officer ~[as to their needs]~ | 0009| |on: | 0010| (1) state strategic planning and information | 0011| architecture; | 0012| (2) information and communications systems | 0013| plans of executive agencies; and | 0014| (3) information and communications system | 0015| projects of executive agencies|."| | 0016| | Section 4. Section 15-1B-9 NMSA 1978 (being Laws 1996, | 0017| Chapter 44, Section 11) is amended to read: | 0018| "15-1B-9. SUNSET--TERMINATION OF OFFICE ON ~[TECHNOLOGY]~ | 0019| |INFORMATION| AND COMMUNICATION MANAGEMENT.--The office on | 0020| information and communication management is terminated on July | 0021| 1, ~[1998]~ |2002| pursuant to the Sunset Act. Effective July | 0022| 1, ~[1998]~ |2002|, the Information and Communication | 0023| Management Act is repealed." | 0024| Section 5. EFFECTIVE DATE.--The effective date of the | 0025| provisions of this act is July 1, 1998. | - 8 - 0001|  |