46th legislature - STATE OF NEW MEXICO - first session, 2003

FOR THE LEGISLATIVE FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY OVERSIGHT COMMITTEE

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 STAFF FOR THE COMMISSION; PROVIDING CRIMINAL PENALTIES FOR NONCOMPLIANCE BY PUBLIC OFFICIALS OR EMPLOYEES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION; 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.--[Sections 1 through 9 of this act] 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;

[A.] B. assess and inventory current information [systems'] technology services and resources;

[B.] C. coordinate [the] central and individual executive agency information [systems] technology in a manner that ensures compliance with state information architecture and that ensures that the most cost-effective and efficient information and communication systems and resources are being used by executive agencies;

[C.] D. develop a [five-year] three-year state information technology strategic plan for information and communication management that is updated annually by the information technology commission; and

[D.] 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. "development project" means the period from when funding is made available for information technology development until after system implementation;]

C. "e-government" means the provision of constituent access to government information and services via the internet through a state portal that complies with state information architecture;

D. "executive agency" means a state agency of the executive branch of government;

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;

[F.] G. "office" means the [information technology management] office of the chief information officer;

[G.] H. "state information architecture" [includes the standards, guidelines, policies and protocols to implement information technology] 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

[H.] I. "state information technology strategic plan" means the [executive] information technology planning document for the state that spans a [three- to five-year] 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] fourteen members as follows:

(1) [five] four 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; [and]

(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; and

(6) two members representing local government, one appointed by the New Mexico association of counties and one appointed by the New Mexico municipal league.

B. Additionally, the following advisory members may [be appointed at the request of] serve on the commission:

(1) two members from the judicial information systems council appointed by the chairman of [the] that council;

[(2) two members from the house of representatives and two members from the senate appointed by the New Mexico legislative council; and

(3) two members representing local governments, one appointed by the New Mexico association of counties and one appointed by the New Mexico municipal league]

(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. The chief information officer shall not select a designee to represent him during commission meetings.

[C.] 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.

[D. For the initial year of operation, the chief information officer shall act as chairman. Thereafter, the commission shall elect a chairman and vice chairman for a two-year term.]

E. The commission shall elect a chairman and vice chairman from the active membership of the commission for two-year terms.

[E.] 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 [specify] delineate the state information architecture [to implement] 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 [and managing development] information technology projects that [involve multiple agencies to ensure appropriate and timely resolution of system development problems] are statewide in their scope and ensuring that those information technology projects are not developed independently by a single agency or duplicated by separate agencies;

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; [and]

F. submit proposed rules to the information technology oversight committee for its review prior to adoption;

G. review and approve 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 are scheduled and funded in phases and that an 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 of an information technology project, for the purpose of assessing whether a phase has been successfully completed; and

I. adopt and promulgate rules that authorize an agency to appeal to the commission regarding a decision made by the chief information officer pursuant to Paragraph (3) or (5) 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. [INFORMATION TECHNOLOGY MANAGEMENT] OFFICE OF THE CHIEF INFORMATION OFFICER CREATED--ADMINISTRATIVE ATTACHMENT--CHIEF INFORMATION OFFICER--QUALIFICATIONS--STAFF.--

A. The ["information technology management] "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. A new section of the Information Technology Management Act, Section 15-1C-6.1 NMSA 1978, is enacted to read:

"15-1C-6.1. [NEW MATERIAL] COMMISSION STAFF--EXECUTIVE DIRECTOR.--

A. An independent staff for the commission is established in the office. The commission staff shall consist of an executive director and other professional, administrative, technical or clerical personnel authorized by the legislature as necessary to assist the commission in carrying out its powers and duties.

B. The commission staff shall be appointed and supervised by the commission. The executive director shall be exempt from the provisions of the Personnel Act. The other commission staff shall be subject to the provisions of the Personnel Act. The commission staff shall not be subject to supervision or control by the chief information officer.

C. Except for the executive director, salaries and benefits for commission staff shall be fixed in the manner provided by law for regulating salaries and benefits of state employees.

D. Commission expenses and the cost of salaries and benefits for the executive director and other commission staff shall be paid by the office, as requested by the commission."

Section 8. 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 [performance or other audits or] reviews of executive agency [development] information technology projects or 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) provide oversight of e-government implementation by providing the commission with certification information and recommendations regarding e-government systems. The office does not have the authority to develop and implement e-government systems;

[(1)] (2) 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 [among] between agencies;

[(2)] (3) approve executive agency information technology requests for proposals and competitive vendor requests that are subject to the Procurement Code, prior to final approval;

(4) ensure that all hardware and software purchases funded through an agency's base budget or pursuant to an information technology funding recommendation shall be procured by using consolidated purchasing administered by the chief information officer, to achieve economies of scale and to provide the state with the best unit price;

(5) approve executive agency information technology [professional service] contracts [for technical sufficiency as they pertain to information technology] and subsequent revisions to those contracts, including emergency procurements, sole source contracts and price agreements, prior to final execution;

(6) verify compliance with state information architecture and commission rules before approving documents referred to in Paragraphs (3) and (5) of this subsection;

[(3)] (7) 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;

[(4)] (8) review information technology cost recovery mechanisms and information systems rate structures of executive agencies and make recommendations to the commission;

[(5)] (9) provide technical support to executive agencies in the development of their agency plans;

[(6)] (10) 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 and the information technology oversight committee] commission by November 30 of each year;

[(7)] (11) provide oversight of [development] information technology projects, including ensuring adequate risk management and disaster recovery practices and [monitor] monitoring compliance with strategies developed by the commission for timely resolution of [development] information technology project problems; and

[(8)] (12) perform any other function assigned by the commission."

Section 9. 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 [technology] 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 in excess of one hundred thousand dollars ($100,000) and regardless of the funding source, an executive agency shall certify to the [office] commission that its proposed information technology purchases are consistent with its agency plan, the information architecture adopted by the commission and the state information technology strategic plan. The [office] commission 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 public official or employee who makes an information technology purchase and intentionally fails to comply with the certification requirements set forth in Subsection B of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The public official or employee shall also be individually liable to the state for the amount of the purchase."

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 [and information technology management office are] is terminated July 1, [2005] 2009 pursuant to the Sunset Act. The commission [and office] shall continue to operate according to the provisions of the Information Technology Management Act until July 1, [2006] 2010. [Effective July 1, 2006, that act is repealed.]"

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 [information technology management] 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 [information technology management] 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. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of the chief information officer for expenditure in fiscal years 2003 and 2004 to provide salaries and benefits for three full-time employees who will serve as staff for the information technology commission. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 13. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.