AN ACT
RELATING TO INFORMATION TECHNOLOGY; CLARIFYING PROVISIONS OF
THE INFORMATION TECHNOLOGY MANAGEMENT ACT; REVISING THE MEMBERSHIP OF THE
INFORMATION TECHNOLOGY COMMISSION; EXTENDING THE TERMINATION DATE FOR THE
COMMISSION; PROVIDING PENALTIES FOR NONCOMPLIANCE BY PUBLIC OFFICIALS OR
EMPLOYEES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 15-1C-1 NMSA 1978 (being Laws 1999,
Chapter 16, Section 1) is amended to read:
"15-1C-1. SHORT TITLE.--Chapter 15, Article 1C
NMSA 1978 may be cited as the "Information Technology
Management Act"."
Section 2. Section 15-1C-2 NMSA 1978 (being Laws 1999,
Chapter 16, Section 2) is amended to read:
"15-1C-2. PURPOSE.--The purpose of the Information
Technology Management Act is to:
A. coordinate policies and procedures for
e-government;
B. assess and inventory current information
technology services and resources;
C. coordinate central and individual executive
agency information technology in a manner that ensures compliance with state
information architecture and that ensures cost-effective and efficient
information and communication systems and resources are being used by executive
agencies;
D. develop a three-year state information
technology strategic plan for information and communication management that is
updated annually by the information technology commission; and
E. promote data sharing between governmental
entities and provide a mechanism for information technology expertise to be
shared between the branches of state government and local governments."
Section 3. Section 15-1C-3 NMSA 1978 (being Laws 1999,
Chapter 16, Section 3) is amended to read:
"15-1C-3. DEFINITIONS.--As used in the Information
Technology Management Act:
A. "agency plan" means an executive agency's
annual information technology plan;
B. "commission" means the information
technology commission;
C. "executive agency" means a state
agency of the executive branch of government;
D. "e-government" means the provision
of access to government information and services via the internet that complies
with state information architecture;
E. "information technology" means
computer and voice and data communication software and hardware, including
imaging systems, terminals and communications networks and facilities, staff
information systems services and professional services contracts for
information systems services;
F. "information technology project"
means the purchase, replacement, development or modification of a hardware or
software system;
G. "office" means the office of the
chief information officer;
H. "state information architecture"
means a logically consistent set of principles, policies and standards that
guides the engineering of state government's information technology systems and
infrastructure in a way that ensures alignment with state government's business
needs; and
I. "state information technology strategic
plan" means the information technology planning document for the state
that spans a three-year period."
Section 4. Section 15-1C-4 NMSA 1978 (being Laws 1999,
Chapter 16, Section 4) is amended to read:
"15-1C-4. COMMISSION CREATED--MEMBERSHIP.--
A. The "information technology
commission" is created. The
commission consists of thirteen members as follows:
(1) five members appointed by the governor, three
of whom are from agencies whose primary funding is not from internal service
funds;
(2) one staff member with telecommunications
regulatory experience appointed by the chairman of the public regulation
commission;
(3) two members representing education, one
appointed by the commission on higher education and one appointed by the
president of the state board of education;
(4) two members from the national laboratories;
(5) three members appointed by the governor to
represent the public with information technology and management experience, but
who are not employees of the state or a political subdivision of the state and
who do not have any financial interest in the state information systems or
state contracts. The public members
shall serve for staggered three-year terms.
B. Additionally, the following advisory members
may serve on the commission:
(1) two members from the judicial information
systems council appointed by the chairman of that council;
(2) one staff member from the legislative council
service and one staff member from the legislative finance committee, appointed
by their respective directors; and
(3) the chief information officer.
C. Members of the commission, except the three
public members appointed by the governor, may select designees to represent
them and vote on their behalf.
D. The members of the commission who are not
supported by public money, or their designees, may receive per diem and mileage
pursuant to the Per Diem and Mileage Act, but shall receive no other
compensation, perquisite or allowance.
E. The commission shall elect a chairman and
vice chairman from the active membership of the commission for two-year terms.
F. The commission shall meet at least
semiannually and may meet at the call of the chairman or a majority of the
members."
Section 5. Section 15-1C-5 NMSA 1978 (being Laws 1999,
Chapter 16, Section 5) is amended to read:
"15-1C-5. COMMISSION--POWERS AND DUTIES.--The
commission shall:
A. adopt and promulgate rules that delineate the
state information architecture as a framework for the state information
technology strategic plan;
B. adopt and promulgate other rules necessary
for the administration of the Information Technology Management Act and the
conduct of the affairs of the office;
C. develop and annually review strategies for
identifying information technology projects that impact multiple agencies and
ensure that those information technology projects are appropriately designed
and developed;
D. provide information technology planning
guidelines for agency annual plans;
E. update state information architecture and the
state information technology strategic plan annually, including identifying
areas of noncompliance with the state information technology strategic plan;
F. submit proposed rules to the information
technology oversight committee for its review prior to adoption;
G. review and comment on information technology
appropriation requests presented to it by the chief information officer and
report to the legislative finance committee and the information technology
oversight committee regarding those requests;
H. establish policies, procedures and rules to
ensure that information technology projects satisfy criteria established by the
commission and are phased in, that funding is released in phases and that an
executive agency's authority to proceed to the next phase of an information
technology project is contingent upon successful completion of the prior
phase. The policies, procedures and
rules shall require the identification of one or more specific deliverables for
each phase; and
I. adopt and promulgate rules to provide for
mediation of disputes between an executive agency and the chief information
officer pursuant to Paragraph (2) or (4) of Subsection B of Section 15-1C-7
NMSA 1978."
Section 6. Section 15-1C-6 NMSA 1978 (being Laws 1999,
Chapter 16, Section 6) is amended to read:
"15-1C-6. OFFICE OF THE CHIEF INFORMATION OFFICER
CREATED--ADMINISTRATIVE ATTACHMENT--CHIEF INFORMATION
OFFICER--QUALIFICATIONS--STAFF.--
A. The "office of the chief information
officer" is created. The office is
administratively attached to the office of the governor.
B. The head of the office is the "chief
information officer", who is appointed by the governor with the advice and
consent of the senate. The chief
information officer shall have a minimum of seven years' experience in the
management of a large information technology enterprise. The chief information officer serves at the
pleasure of the governor.
C. The chief information officer may hire staff
as necessary to carry out the provisions of the Information Technology
Management Act. Staff of the office are
subject to the provisions of the Personnel Act."
Section 7. Section 15-1C-7 NMSA 1978 (being Laws 1999,
Chapter 16, Section 7) is amended to read:
"15-1C-7. OFFICE--POWERS AND DUTIES.--
A. The office may:
(1) obtain information, documents and records
that are not confidential by law from an executive agency as needed to carry
out the provisions of the Information Technology Management Act;
(2) enter into contracts;
(3) perform reviews of executive agency
information technology projects or information technology management processes;
and
(4) when requested, offer assistance or expertise
to the judiciary, legislature, institutions of higher education, counties,
municipalities, public school districts and other political subdivisions of the
state.
B. The office shall:
(1) review agency plans and make recommendations
to the commission regarding prudent allocation of information technology
resources; reduction of data, hardware and software redundancy; and improving
system interoperability and data accessibility between agencies;
(2) approve executive agency information
technology requests for proposals and contract vendor requests that are subject
to the Procurement Code, prior to final approval;
(3) recommend procedures and rules to the
commission for improved oversight of information technology procurement;
(4) approve executive agency information
technology contracts and amendments to those contracts, including emergency
procurements, sole source contracts and price agreements, prior to final
execution;
(5) verify compliance with state information
architecture and the state information technology strategic plan before
approving documents referred to in Paragraphs (2) and (4) of this subsection;
(6) monitor executive agency compliance with its
agency plan, the state information technology strategic plan and state
information architecture and report to the governor, the commission and
executive agency management on noncompliance;
(7) review information technology cost recovery
mechanisms and information systems rate structures of executive agencies and
make recommendations to the commission;
(8) provide technical support to executive
agencies in the development of their agency plans;
(9) review appropriation requests related to
executive agency information technology requests to ensure compliance with
agency plans and the state information technology strategic plan and make
written recommendations to the department of finance and administration, the
legislative finance committee, the information technology oversight committee
and the commission by November 30 of each year;
(10) provide oversight of information technology
projects, including ensuring adequate risk management and disaster recovery
practices and monitoring compliance with strategies developed by the commission
for information technology projects that impact multiple agencies; and
(11) perform any other function assigned by the
commission."
Section 8. Section 15-1C-8 NMSA 1978 (being Laws 1999,
Chapter 16, Section 8) is amended to read:
"15-1C-8. AGENCY
PLANS--CERTIFICATION--NONCOMPLIANCE--PENALTIES.--
A. Agency plans shall:
(1) be consistent with the state information
technology strategic plan;
(2) demonstrate that the executive agency has
developed information technology objectives consistent with the agency plan,
the state information technology strategic plan and the state information
architecture;
(3) show appropriate coordination with other
executive agencies to improve customer service and reduce redundant data,
hardware and software;
(4) include information about information
technology objectives, inventories, data and expenditures for each fiscal year;
(5) demonstrate consistency with appropriations
and budgets approved by the department of finance and administration; and
(6) include any other components required by the
office or the commission.
B. Prior to making information technology
purchases, regardless of the funding source, an executive agency shall certify
to the commission, pursuant to rules adopted by the commission, that its
proposed information technology purchases are consistent with its agency plan,
the state information architecture adopted by the commission and the state
information technology strategic plan.
The commission or the office may delay or stop a purchase if it believes
that the proposed purchase may not meet the requirements of the agency plan,
state information architecture or the state information technology strategic
plan.
C. A person who makes an information technology
purchase or sale and intentionally fails to comply with the certification
requirements set forth in Subsection B of this section is in violation of the
provisions of the Procurement Code (13-1-28 NMSA 1978, 1984) and is guilty of a
misdemeanor. The person shall also be
individually liable to the state for the amount of the purchase and civil
penalties as provided under the Procurement Code and:
(1) is guilty of a misdemeanor, as provided in
Section 31-19-1 NMSA 1978;
(2) is subject to a civil penalty in an amount
not to exceed one thousand dollars ($1,000) for each violation; and
(3) shall be individually liable to the state for
the amount of the purchase or sale."
Section 9. A new section of the Information Technology
Management Act is enacted to read:
"INFORMATION TECHNOLOGY
PLANS AND PROJECTS‑‑COMMISSION ON HIGHER EDUCATION--STATE
DEPARTMENT OF PUBLIC
EDUCATION--JUDICIAL BRANCH--LEGISLATIVE BRANCH.--
A. The commission on higher education, the state
department of public education, the judicial branch of government and the
legislative branch of government are encouraged to submit their annual
information technology plans to the office, the legislative finance committee
and the information technology oversight committee for review and comment by
those entities.
B. The commission on higher education, the state
department of public education, the judicial branch of government and the
legislative branch of government are encouraged to submit periodic status
reports regarding information technology projects to the office and the
legislative finance committee for review and comment.
C. The commission on higher education, the state
department of public education, the judicial branch of government and the
legislative branch of government are encouraged, but not required, to certify
to the commission that their information technology projects are consistent
with their information technology plans."
Section 10. Section 15-1C-9 NMSA 1978 (being Laws 1999,
Chapter 16, Section 9) is amended to read:
"15-1C-9. TERMINATION OF AGENCY LIFE--DELAYED
REPEAL.--The information technology commission is terminated
July 1, 2009 pursuant to the Sunset Act.
The commission shall continue to operate according to the provisions of
the Information Technology Management Act until July 1, 2010."
Section 11. Section 15-1C-11 NMSA 1978 (being Laws 1999,
Chapter 16, Section 11) is amended to read:
"15-1C-11. OVERSIGHT COMMITTEE DUTIES.--
A. The information technology oversight
committee shall hold one organizational meeting each year to develop a work
plan and budget for the ensuing interim.
The work plan and budget shall be submitted to the New Mexico
legislative council for approval.
B. The committee shall:
(1) monitor the work of the information
technology commission and the office of the chief information officer,
including reviewing the commission's rules setting out the policies, standards,
procedures and guidelines for information architecture and development projects
and the annual update of the state information technology strategic plan;
(2) oversee the implementation of the Information
Technology Management Act, review the work of the judicial information systems
council and the judicial information division and oversee any other
state-funded systems;
(3) meet on a regular basis to receive and
evaluate periodic reports from the information technology commission and office
of the chief information officer; and
(4) perform such other related duties as assigned
by the legislative council.
C. The committee shall make a report of its
findings and recommendations for the consideration of each session of the
legislature. The report and any
suggested legislation shall be made available to the legislative council by
December 31 preceding that session."
Section 12. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.