Committee Substitute for HB0291GUS

HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 291

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO INFORMATION TECHNOLOGY; ENACTING THE ELECTRONIC GOVERNMENT ACT; GRANTING DUTIES AND POWERS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Electronic Government Act".

Section 2. PURPOSE.--The purpose of the Electronic Government Act is to:

A. establish an electronic government and management structure to provide oversight, review, fiscal monitoring, strategic planning and policy development for the state's electronic government initiatives;

B. define the electronic government powers and duties of the information technology commission;

C. establish an electronic government lead agency and define its powers and duties;

D. establish a basis for the allocation of revenues generated by electronic government initiatives;

E. promote the digital provision of state information, services and business and financial transactions to constituents, businesses and other governmental entities; and

F. promote and protect the privacy of nonpublic data distributed through the state's portal as provided by law, and promote the security of the state's data records and electronic information and services.

Section 3. DEFINITIONS.--As used in the Electronic Government Act:

A. "commercial entity" means a private for-profit business enterprise; provided that nonprofit business enterprises and the media are not commercial entities for purposes of the act;

B. "commission" means the information technology commission;

C. "contract portal developers or operators" means companies that offer portal development, maintenance and ongoing operations under contract with the state;

D. "consumer" means a person or entity that is eligible under the Electronic Government Act to be charged a fee in exchange for the receipt of electronic information or services through the state portal or the state's electronic government activities;

E. "convenience fee" means a fee charged to a consumer to purchase a data record electronically when that purchase is optional and for the convenience of the consumer;

F. "data record" means an electronic record owned or held in custody by the state and generally stored in a digital database;

G. "electronic business" means the conduct of digital business transactions, usually nongovernmental, over the internet;

H. "external electronic transactions" means digital electronic government transactions between state agencies and entities that are not state agencies;

I. "internal electronic transactions" means digital electronic government transactions between two or more state agencies;

J. "internet" means the worldwide, digital networks external to the state's networks;

K. "intranet" means the state's internal digital networks that do not generally provide access to the public;

L. "lead agency" means the state agency designated by the governor to supervise and coordinate the day-to-day operations of the state's portal and electronic government initiatives;

M. "portal" means a virtual, digital, single port-of-entry to provide access to state information, services and business and financial transactions;

N. "portal fee" means a fee authorized by the commission that the state charges to a consumer to obtain certain data records electronically or to complete certain business transactions with the state through the portal;

O. "state agency" means any executive branch agency of state government;

P. "subscription fee" means a fee charged to a consumer for specific, recurring electronic government services and information provided electronically to the consumer at the consumer's request;

Q. "tier pricing" means a pricing structure for the sale of a commodity that sets different prices for consumers based on their membership in specific categories; and

R. "transaction fee" means a fee charged to a consumer upon the purchase of certain data records to help defray the costs of providing the record electronically; the fee is charged by and retained by the contract portal developers or operators.

Section 4. ELECTRONIC GOVERNMENT OVERSIGHT AND GOVERNANCE.--The commission shall provide oversight and governance for the electronic government operations of the state's portal and state agency electronic government activities.

Section 5. COMMISSION--ELECTRONIC GOVERNMENT POWERS AND DUTIES.--The commission shall:

A. adopt and promulgate rules necessary for the administration of the Electronic Government Act, including operational procedures for the commission;

B. adopt and promulgate rules for state agencies to conduct business by electronic means over the internet or intranet, including financial transactions;

C. adopt and promulgate rules governing external electronic transactions;

D. adopt and promulgate rules governing internal electronic transactions;

E. adopt and promulgate rules jointly with the state commission of public records for determining which types of public data records may be released over the internet; provided that all rules shall comply with all other applicable state and federal laws;

F. adopt and promulgate rules authorizing the collection of fees, including portal, transaction, subscription and convenience fees;

G. establish pricing structures for data records provided through the portal, including tier pricing when appropriate unless such fees are otherwise authorized in law;

H. audit data records released to the public over the internet to ascertain compliance with state and federal privacy laws and rules, and report violations to the office of the attorney general;

I. adopt and promulgate rules necessary to protect the security of data records that may be released to the public over the internet, ensure compliance with state and federal security laws and rules and report violations to the office of the attorney general;

J. provide oversight and review of state agencies' electronic government activities, including the state's electronic government portal and any contract portal developers or operators that may be retained by the state;

K. perform a monthly financial review, as well as a review of the annual independent fiscal audit of the electronic government fund and of the revenue generated by the state's electronic government portal through any contract portal developers or operators that may be retained by the state, to ensure that the portal is generating appropriate revenues and that the contract portal developers or operators are fulfilling the terms of their contracts with the state;

L. provide oversight and direction to the lead agency regarding the management of any contract portal developers or operators retained by the state and, with the chief information officer, approve or reject the lead agency's and contract portal developers' or operators' plans or implementations for the portal;

M. develop and update annually by September 1 an electronic government strategic plan for the state that is in conformance with the state's information technology strategic plan;

N. provide regular oversight and review of state agency electronic government initiatives that are not conducted through the state's portal to ensure that such initiatives are in compliance with the state's electronic government strategic plan and the state's information technology strategic plan;

O. designate committees and subcommittees as appropriate to assist in the conduct of commission business, including an electronic government committee;

P. provide oversight and review of the lead agency's performance as the portal operations and contract manager for the state and deliver semiannual reports of the findings to the information technology oversight committee, the department of finance and administration and the legislative finance committee;

Q. review monthly the financial situation and the operational status of the state's electronic government portal and other non-portal electronic government activities of state agencies and deliver semiannual reports of the findings to the information technology oversight committee, the department of finance and administration and the legislative finance committee;

R. submit proposed rules to the information technology oversight committee for review and comment prior to adoption; and

S. authorize the initial fee structure for the portal, and thereafter, review the fee structure semiannually; the commission may adjust the fee structure at the time of the semiannual review, subject to the terms of contract with contract portal developers or operators.

Section 6. ELECTRONIC GOVERNMENT LEAD AGENCY--POWERS AND DUTIES.--

A. The governor shall designate a state agency as the lead agency for state electronic government activities.

B. The lead agency shall:

(1) provide day-to-day operational supervision and control of the state's electronic government portal and any contract portal developers or operators that may be retained by the state;

(2) accept direction from the commission regarding the management of the portal and contracts with contract portal developers or operators;

(3) provide necessary staff to supervise and manage the state's relationship and contract with any contract portal developers or operators that may be retained by the state;

(4) review the annual independent fiscal audits of the state's electronic government portal and present the results to the commission;

(5) provide any required staffing to the commission;

(6) recommend procedures and rules to the commission for improved oversight of the state's electronic government initiatives;

(7) provide monthly reports to the commission detailing the financial situation and the operational status of the state's electronic government portal and other such information as may be requested by the commission;

(8) provide semiannual reports to the commission for transmittal to the department of finance and administration, the information technology oversight committee and the legislative finance committee detailing the financial situation and the operational status of the state's electronic government portal and other non-portal electronic government activities of state agencies; and

(9) perform any other function assigned by the commission.

C. The lead agency may:

(1) obtain information, copies of documents and records that are not confidential by law from any state agency as necessary to carry out the provisions of the Electronic Government Act;

(2) enter into contracts;

(3) perform reviews of state agency electronic government projects or electronic government management processes;

(4) pursuant to the Personnel Act, hire staff as necessary to carry out the provisions of the Electronic Government Act; and

(5) when requested, offer assistance or expertise on electronic government to the judiciary, legislature, institutions of higher education, counties, municipalities, public school districts and other political subdivisions of the state.

Section 7. ELECTRONIC GOVERNMENT FUNDS--FEES--SALE OR RESALE OF ELECTRONIC DATA RECORDS, INFORMATION AND SERVICES.--

A. Money collected from providing electronic data records, services or information through the state's portal shall be distributed to the general fund, unless otherwise provided by law.

B. Fees for providing electronic data records, services or information that are otherwise authorized in law shall not be affected by the Electronic Government Act, whether or not those fees are collected through the state's portal.

C. Transaction fees that are authorized by the commission for the sale of electronic data records, services or information through the state's portal and specified in the contract with contract portal developers or operators shall be retained according to contract terms by the contract portal developers or operators unless otherwise authorized in law.

D. There are several categories of consumers who may be charged fees for receipt of certain electronic data records, information or services through the state's portal:

(1) a person or entity that obtains electronic data records, information or services for which a portal, convenience, transaction or subscription fee has been authorized by statute or other law;

(2) commercial entities that obtain electronic data records from the motor vehicle division of the taxation and revenue department for use in business but do not resell the data records or reports derived from the data records; fees for this class of users shall be capped at no more than two dollars ($2.00) per data record, including both a portal fee and a transaction fee, if applicable;

(3) commercial entities that obtain electronic data records from the motor vehicle division for use in business and that resell the data records or reports derived from the data records; fees for this class of users shall be capped at no more than five dollars ($5.00) per data record, including a portal fee and any other fee;

(4) commercial entities that obtain electronic data records, information or services from state agencies other than the motor vehicle division but do not resell the electronic data records, information or services; portal, transaction, convenience or subscription fees for this class of users shall be determined by the commission;

(5) media including print publications, radio or television stations, or news organizations may be charged portal and transaction fees to cover the reasonable cost of reproduction and delivery of the electronic data records, information or services requested by the entity and delivered by the portal;

(6) nonprofit entities may be charged portal and transaction fees to cover the reasonable cost of reproduction and delivery of the electronic data records, information or services requested by the entity and delivered by the portal; and

(7) a person or entity that obtains state electronic data records, information or services provided through the state's portal is permitted to sell or resell the electronic data records, information or services only under the terms of a legal and valid contract between the state and the purchasing entity.

Section 8. ENFORCEMENT.--The commission may adopt and promulgate reasonable rules to enforce the Electronic Government Act.

Section 9. ELECTRONIC GOVERNMENT PLANS AND PROJECTS.--

A. The commission on higher education, the judicial branch of government, the legislative branch of government municipalities and counties are encouraged to submit their electronic government plans and projects to the commission, and the lead agency, the legislative finance committee and the information technology oversight committee for review and comment by those entities.

B. The commission on higher education, the judicial branch of government, the legislative branch of government and municipalities and counties are encouraged to coordinate their electronic government plans and projects with the executive branch and each other whenever possible in order to leverage resources and optimize services to constituents.

Section 10. SAVING CLAUSE.--To the extent that any provision of this act conflicts with the provisions of the Public Records Act or the State Rules Act, the provisions of the Public Records Act or the State Rules Act shall prevail.

Section 11. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the information technology commission for expenditure in fiscal years 2004 and 2005 to cover portal start-up expenses, including the development of a request for proposals that will result in the selection of one or more contract portal developers or operators. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

Section 12. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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