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AN ACT

RELATING TO EXECUTIVE ORGANIZATION; CREATING THE DEPARTMENT OF

INFORMATION TECHNOLOGY; PROVIDING POWERS AND DUTIES; APPROVING

TRANSFERS OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS AND

PROPERTY; REPEALING THE INFORMATION TECHNOLOGY MANAGEMENT ACT.

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

Section 1. SHORT TITLE.--Sections 1 through 9 of this

act may be cited as the "Department of Information Technology

Act".

Section 2. PURPOSE.--The purpose of the Department of

Information Technology Act is to create a single, unified

executive branch department to administer all laws and

exercise all functions formerly administered by the office of

the chief information officer, the information technology

commission, pursuant to the Information Technology Management

Act, and the communications division, information systems

division, radio communications bureau and telecommunications

bureau of the general services department to consolidate

enterprise information technology services duplicated within

executive agencies and provide additional information

technology services and functionality to improve and

streamline the executive branch's information technology

systems.

Section 3. DEFINITIONS.--As used in the Department of

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Information Technology Act:

A. "department" means the department of

information technology;

B. "information technology" means computer

hardware and software and ancillary products and services,

including:

(1) systems design and analysis;

(2) acquisition, storage and conversion of

data;

(3) computer programming;

(4) information storage and retrieval;

(5) voice, radio, video and data

communications;

(6) requisite systems;

(7) simulation and testing; and

(8) related interactions between users and

information systems;

C. "information technology project" means the

purchase, replacement, development or modification of a

hardware or software system;

D. "secretary" means the secretary of information

technology;

E. "state information architecture" means a

logically consistent set of principles, policies and standards

that guides the engineering of state government's information

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technology systems and infrastructure in a way that ensures

alignment with state government's business needs; and

F. "state information technology strategic plan"

means the information technology planning document for the

state that spans a three-year period.

Section 4. DEPARTMENT CREATED--DIVISIONS.--

A. The "department of information technology" is

created. The department is a cabinet department and includes

the following divisions:

(1) program support division;

(2) compliance and project management

division; and

(3) enterprise services division.

B. The secretary may organize the department and

the divisions specified in Subsection A of this section and

may transfer or merge functions between divisions in the

interest of efficiency and economy.

Section 5. SECRETARY OF INFORMATION TECHNOLOGY--

APPOINTMENT.--

A. The chief executive and administrative officer

of the department is the "secretary of information

technology". The secretary shall serve as the state's chief

information officer. The secretary shall be appointed by the

governor with the consent of the senate. The secretary shall

hold that office at the pleasure of the governor and shall

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serve in the executive cabinet.

B. An appointed secretary shall serve and have all

of the duties, responsibilities and authority of that office

during the period of time prior to final action by the senate

confirming or rejecting the secretary-designate's appointment.

Section 6. SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor

for the operation of the department. It is the secretary's

duty to manage all operations of the department and to

administer and enforce the laws with which the secretary or

the department is charged.

B. To perform the secretary's duties, the

secretary has every power expressly enumerated in the laws,

whether granted to the secretary or the department or any

division of the department, except where authority conferred

upon any division is explicitly exempted from the secretary's

authority by statute. In accordance with these provisions,

the secretary shall:

(1) exercise general supervisory and

appointing authority over all department employees, subject to

any applicable personnel laws and regulations;

(2) delegate authority to subordinates as

the secretary deems necessary and appropriate, clearly

delineating such delegated authority and the limitations

thereto;

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(3) organize the department into those

organizational units the secretary deems will enable it to

function most efficiently, subject to provisions of law

requiring or establishing specific organizational units;

(4) within the limitations of available

appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge the

secretary's duties;

(5) take administrative action by issuing

orders and instructions, not inconsistent with the law, to

ensure implementation of and compliance with the provisions of

law for whose administration or execution the secretary is

responsible and to enforce those orders and instructions by

appropriate administrative action in the courts;

(6) conduct research and studies that will

improve the operations of the department and the provision of

services to executive agencies and the residents of the state;

(7) provide courses of instruction and

practical training for employees of the department and other

persons involved in the administration of programs with the

objective of improving the operations and efficiency of

administration;

(8) prepare an annual budget of the

department;

(9) provide cooperation, at the request of

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heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication

of services and jurisdictional conflicts;

(b) coordinate activities and resolve

problems of mutual concern; and

(c) resolve by agreement the manner and

extent to which the department shall provide budgeting,

record-keeping and related clerical assistance to

administratively attached agencies; and

(10) appoint for each division a "director".

These appointed positions are exempt from the provisions of

the Personnel Act. Persons appointed to these positions shall

serve at the pleasure of the secretary.

C. As the chief information officer, the secretary

shall:

(1) review executive agency plans regarding

prudent allocation of information technology resources;

reduction of data, hardware and software redundancy; and

improvement of system interoperability and data accessibility

among 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) promulgate rules for oversight of

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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 approval by the department of

finance and administration;

(5) develop and implement procedures to

standardize data elements, determine data ownership and ensure

data sharing among executive agencies;

(6) 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;

(7) monitor executive agency compliance with

its agency plan, the state information technology strategic

plan and state information architecture and report to the

governor, executive agency management and the legislative

finance committee on noncompliance;

(8) develop information technology cost

recovery mechanisms and information systems rate and fee

structures of executive agencies and other public or private

sector providers and make recommendations to the information

technology rate committee;

(9) provide technical support to executive

agencies in the development of their agency plans;

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(10) ensure the use of existing public or

private information technology or telecommunications resources

when the use is practical, efficient, effective and

financially prudent;

(11) 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 appropriate interim legislative

committee and the information technology commission;

(12) establish rules to ensure that

information technology projects satisfy criteria established

by the secretary and are phased in with funding released in

phases contingent upon successful completion of the prior

phase;

(13) provide oversight of information

technology projects, including ensuring adequate risk

management, disaster recovery and business continuity

practices and monitoring compliance with strategies

recommended by the information technology commission for

information technology projects that impact multiple agencies;

and

(14) perform any other information

technology function assigned by the governor.

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D. Each executive agency shall submit an agency

information technology plan to the secretary in the form and

detail required by the secretary.

E. The secretary, as chief information officer,

shall prepare a state information technology strategic plan

for the executive branch. The plan shall comply with the

provisions of the Department of Information Technology Act and

provide for the:

(1) interchange of information related to

information technology among executive agencies;

(2) coordination among executive agencies in

the development and maintenance of information technology

systems; and

(3) protection of the privacy and security

of individual information as well as of individuals using the

state's information technology systems.

F. The secretary may apply for and receive, with

the governor's approval, in the name of the department, any

public or private funds, including United States government

funds, available to the department to carry out its programs,

duties or services.

G. Where information technology functions of

executive agencies overlap or a function assigned to one

agency could better be performed by another agency, the

secretary may recommend appropriate legislation to the next

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session of the legislature for its approval.

H. The secretary may make and adopt such

reasonable procedural rules as may be necessary to carry out

the duties of the department and its divisions and

requirements and standards for the executive branch's

information technology needs, functions, systems and

resources, including:

(1) information technology security;

(2) approval for procurement of information

technology that exceeds an amount set by rule;

(3) detail and format for the agency

information technology plan;

(4) acquisition, licensing and sale of

information technology; and

(5) requirements for agency information

technology projects and related plan, analysis, oversight,

assessment and specifications.

I. Unless otherwise provided by statute, no rule

affecting any person or agency outside the department shall be

adopted, amended or repealed without a public hearing on the

proposed action before the secretary or a hearing officer

designated by the secretary. The public hearing shall be held

in Santa Fe unless otherwise permitted by statute. Notice of

the subject matter of the rule, the action proposed to be

taken, the time and place of the hearing, the manner in which

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interested persons may present their views and the method by

which copies of the proposed rule, proposed amendment or

repeal of an existing rule may be obtained shall be published

once at least thirty days prior to the hearing date in a

newspaper of general circulation and mailed at least thirty

days prior to the hearing date to all persons who have made a

written request for an advance notice of hearing. Rules shall

be filed in accordance with the State Rules Act.

Section 7. INFORMATION TECHNOLOGY RATE COMMITTEE--

MEMBERSHIP--DUTIES.--

A. The "information technology rate committee" is

created. The committee consists of seven members as follows:

(1) five members appointed by the governor

from executive agencies that use information technology

services and pay rates to an internal service fund;

(2) the secretary of finance and

administration, who shall serve as chair of the committee; and

(3) the secretary of information technology.

B. The information technology rate committee

shall:

(1) review the rate and fee schedule

proposed by the secretary;

(2) propose an equitable rate and fee

schedule based on cost recovery for executive agencies that

use information technology services and pay rates to an

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internal service fund, with priority service to public safety

agencies;

(3) present the committee's proposed rate

and fee schedule to the office of the governor, the department

of finance and administration and the legislative finance

committee; and

(4) by July 15 of each year, implement a

rate and fee schedule based on the committee's recommendations

and input from the office of the governor, the department of

finance and administration and the legislative finance

committee.

Section 8. ORGANIZATIONAL UNITS OF THE DEPARTMENT--

POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

Those organizational units of the department and the officers

of those units specified by law shall have all of the powers

and duties enumerated in the specific laws involved. However,

the carrying out of those powers and duties shall be subject

to the direction and supervision of the secretary, who shall

retain the final decision-making authority and responsibility

for the administration of any such laws. The department shall

have access to all information technology records, data and

information of other executive branch departments, agencies

and institutions, including its own organizational units, not

specifically held confidential by law.

Section 9. INFORMATION TECHNOLOGY COMMISSION--

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CREATION--POWERS AND DUTIES.--

A. The "information technology commission" is

created. The commission consists of seventeen voting 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 chair of the public

regulation commission;

(3) two members representing education, one

appointed by the secretary of higher education and one

appointed by the secretary of public education;

(4) two members appointed by the governor to

represent local government, one appointment to be selected by

the governor from a list of three names provided by the New

Mexico association of counties and one appointment to be

selected by the governor from a list of three names provided

by the New Mexico municipal league;

(5) two members appointed by the governor to

represent local telecommunications service providers;

(6) two members from the national

laboratories appointed by the respective laboratory director;

and

(7) three members, one from each

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congressional district, 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 nonvoting members

may serve on the commission:

(1) two members from the judicial

information systems council appointed by the chair of that

council;

(2) one member representing the office of

the attorney general appointed by the attorney general;

(3) two members representing local

government, one appointed by the New Mexico association of

counties and one appointed by the New Mexico municipal league,

provided that the members are not from the same or adjacent

counties;

(4) one staff member from the legislative

council service and one staff member from the legislative

finance committee, appointed by their respective directors;

and

(5) the secretary as chief information

officer.

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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 chair and vice

chair from the active voting membership of the commission for

two-year terms.

F. The department shall provide staff to the

commission.

G. The commission shall meet at least quarterly to

review and approve:

(1) the development and implementation of

the state information technology strategic plan;

(2) critical information technology

initiatives for the state;

(3) identification of information technology

needs of state agencies;

(4) strategies for identifying information

technology projects that impact multiple agencies;

(5) the state information architecture and

the state information technology strategic plan for updates

and compliance by executive agencies;

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(6) proposed rules by the secretary; and

(7) guidelines for mediation of disputes

between an executive agency and the secretary as chief

information officer.

Section 10. Section 9-17-3 NMSA 1978 (being Laws 1983,

Chapter 301, Section 3, as amended) is amended to read:

"9-17-3. GENERAL SERVICES DEPARTMENT--CREATION--

TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION

OF DIVISIONS.--

A. The "general services department" is created.

The department shall consist of those divisions created by law

or executive order, as modified by executive order pursuant to

Subsection C of this section, including:

(1) the administrative services division;

(2) the building services division;

(3) the property control division;

(4) the purchasing division;

(5) the risk management division; and

(6) the transportation services division.

B. The secretary of general services is empowered

to organize the department and the divisions specified in

Subsection A of this section and may transfer or merge

functions between divisions in the interest of efficiency and

economy.

C. The governor is empowered to merge divisions of

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the department or to create additional divisions by executive

order in the interest of efficiency or economy."

Section 11. Section 12-12-21 NMSA 1978 (being Laws

1983, Chapter 80, Section 5, as amended) is amended to read:

"12-12-21. STATE POLICE EMERGENCY RESPONSE OFFICER--

PROCEDURE FOR NOTIFICATION--COOPERATION OF OTHER STATE

AGENCIES AND LOCAL GOVERNMENTS.--

A. The secretary, in addition to having final

authority to administer the provisions of the Emergency

Management Act, shall be responsible for central coordination

and communication in the event of an accident.

B. The chief shall designate one or more persons

to be known as "state police emergency response officers". A

state police emergency response officer shall be trained in

accident evaluation and emergency response and shall be

available to answer an emergency response call from the first

responder.

C. In the event of an accident, if the first

responder is a law enforcement officer, the officer shall

immediately notify the state police district emergency

response officer in the officer's area, who shall in turn

immediately notify the state police emergency response center.

If the first responder is a person with radio capability tied

into radio communications protocol or reporting structure with

the department of information technology, the person shall

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immediately notify Santa Fe control, who shall in turn

immediately notify the state police emergency response center.

The state police emergency response center shall:

(1) evaluate and determine the scope of the

accident based on information provided by the first responder;

(2) instruct the first responder on how to

proceed at the accident scene;

(3) immediately notify the appropriate

responsible state agency and advise it of the necessary

response;

(4) notify the sheriff or chief of police in

whose jurisdiction the accident occurred; and

(5) coordinate field communications and

summon additional resources requested by the emergency

management team.

D. The responsible state agencies shall be:

(1) the New Mexico state police division of

the department of public safety for coordination, law

enforcement and traffic and crowd control;

(2) the department of environment for

assistance with accidents involving hazardous materials or

hazardous substances;

(3) the state fire marshal's office for

assistance with any accident involving hazardous materials;

(4) the injury prevention and emergency

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medical services bureau of the public health division of the

department of health for assistance with accidents involving

casualties;

(5) the emergency planning and coordination

bureau of the department of public safety and the department

of military affairs for assistance with accidents that require

the evacuation of the vicinity of the accident or the use of

the national guard of New Mexico; and

(6) the department of transportation for

assistance with road closures, designating alternate routes

and related services.

E. Other state agencies and local governments

shall assist the responsible state agencies when requested to

do so.

F. Any driver of a vehicle carrying hazardous

materials involved in an accident that may cause injury to

persons or property or any owner, shipper or carrier of

hazardous materials involved in an accident who has knowledge

of such accident or any owner or person in charge of any

building, premises or facility where such an accident occurs

shall immediately notify the New Mexico state police division

of the department of public safety by the quickest means of

communication available."

Section 12. Section 12-12-22 NMSA 1978 (being Laws

1983, Chapter 80, Section 6, as amended) is amended to read:

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"12-12-22. EMERGENCY MANAGEMENT TASK FORCE--CREATED--

POWERS AND DUTIES.--

A. The "emergency management task force" is

created, composed of:

(1) the chief or the chief's designee, who

shall serve as vice chair of the task force;

(2) the state fire marshal or the fire

marshal's designee;

(3) a staff member of the department of

environment who is knowledgeable about radioactive materials,

to be designated by the secretary of environment;

(4) a staff member of the department of

environment who is knowledgeable about hazardous substances,

to be designated by the secretary of environment;

(5) the director of the technical and

emergency support division or the director's designee;

(6) the chief of the emergency medical

services bureau or the chief's designee;

(7) the secretary of transportation or the

secretary's designee;

(8) the chair of the public regulation

commission or the chair's designee;

(9) a representative of the governor, to be

appointed by the governor, who is not an employee of any

agency represented on the task force and who shall serve as

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chair of the task force;

(10) the secretary of taxation and revenue

or the secretary's designee; and

(11) the secretary of information technology

or the secretary's designee.

B. The attorney general's office shall serve as

attorney for the task force.

C. The task force shall, at the direction of the

commission, develop and monitor a comprehensive plan, to

include:

(1) procedures for initially assessing the

scope and nature of an accident;

(2) procedures for notifying and assembling

the proper emergency management team from the responsible

state agencies;

(3) procedures for siting and operating an

on-scene command post;

(4) an inventory and assessment of manpower,

equipment and training within each responsible state agency as

well as other state agencies and local governments and federal

and private sources;

(5) an assessment of the adequacy and

availability of training materials and facilities to train and

cross-train emergency response teams and other persons

involved in responding to an accident and an identification of

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training requirements to ensure that such persons are

adequately trained;

(6) the development of training programs for

emergency response teams and other persons involved in

responding to an accident;

(7) procedures for decontamination of

emergency management personnel and equipment as well as

medical and other facilities that may be used in the

management of the accident;

(8) identification of the medical resources

in the state and the location of specialized medical

facilities for use in medical emergencies;

(9) information and training programs for

hospital emergency room personnel and doctors;

(10) procedures for accident assessment and

record keeping;

(11) procedures for periodic emergency

management preparedness exercises and testing of the plan;

(12) a designation of areas of

responsibility in the emergency management plan, including but

not limited to:

(a) command and control of the accident

scene and overall responsibility and authority for all

emergency response activity;

(b) public health and safety, including

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rescue operations, emergency medical services, evacuation and

containment of the accident scene;

(c) sanitation and decontamination

services at the accident scene;

(d) communications, including statewide

and on-scene communications;

(e) public works and engineering;

(f) transportation;

(g) social services;

(h) accident assessment, investigation

and record keeping;

(i) protective response, including

hazardous materials exposure control;

(j) environmental monitoring, control

and cleanup; and

(k) public information;

(13) criteria for determining when an

accident may be handled by a local government;

(14) procedures for entering into

cooperative agreements between the state and local governments

and between the state and the federal government, Indian

tribes and pueblos and bordering states pursuant to Section

12-12-20 NMSA 1978; and

(15) identification of information

management resources necessary for effective emergency

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response activity.

D. The task force shall develop liaison with the

trucking industry, the railroads and other areas of the

private sector in the formulation of the plan."

Section 13. Section 15-2-1 NMSA 1978 (being Laws 1980,

Chapter 151, Section 9, as amended) is amended to read:

"15-2-1. TELECOMMUNICATIONS SERVICES.--

A. The secretary of information technology may

hire a communications engineer to oversee the engineering

responsibilities of the department of information technology.

The communications engineer shall have a degree in either

electrical engineering with an electrical communications

specialty or in electronics engineering.

B. In providing telecommunications services

pursuant to Chapter 15 NMSA 1978, the department of

information technology shall not provide telecommunications

services, including telephone, data and broadband services, to

an entity other than those authorized pursuant to Section

15-5-1 NMSA 1978, except as is necessary to facilitate a

state-mandated program, including distance education,

telehealth or school-based health center programs. Before

expansion or upgrade of a state-owned or state-funded

telecommunications network, whether voice, data or video

transmission, the department shall prepare a plan consistent

with state law and applicable rules that includes an

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assessment of how the project would potentially affect local

telecommunications service providers and telecommunications

service ratepayers."

Section 14. Section 15-2-2 NMSA 1978 (being Laws 1977,

Chapter 247, Section 24, as amended) is amended to read:

"15-2-2. RADIO COMMUNICATIONS.--The department of

information technology shall have supervisory control over all

mobile or fixed radio equipment now owned or subsequently

acquired by the executive branch or any state officer,

department, other agency, board, commission, division or

bureau of any executive state department or agency. This

supervisory control shall include but not be limited to the

determination of the need for, purchase, repair, maintenance,

combination or disposition of radio equipment."

Section 15. Section 15-2-2.1 NMSA 1978 (being Laws

1997, Chapter 263, Section 1) is amended to read:

"15-2-2.1. LEASE OF RADIO COMMUNICATIONS NETWORK--

CONDITIONS AND REQUIREMENTS.--In exercising supervisory

control pursuant to Section 15-2-2 NMSA 1978, the department

of information technology may lease to a private entity excess

capacity relating to the provision of two-way radio services

on its radio communications property, including buildings,

towers or antennas, provided that:

A. the lease conforms with competitive procurement

requirements of the Procurement Code;

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B. the lease is for an equal value exchange of

money or property;

C. the secretary of information technology

certifies that the excess capacity will be available for at

least the duration of the lease;

D. if the lease exceeds ten years, the lease is

first approved by the state board of finance;

E. the department of information technology has

submitted to the legislative finance committee a detailed plan

for the use of excess capacity being leased and an assessment

of how the lease will affect public sector uses and local

telecommunication service providers; and

F. income from the leases shall be deposited to

the credit of the department of information technology and

used to carry out the duties of the department."

Section 16. Section 15-2-3 NMSA 1978 (being Laws 1970,

Chapter 71, Section 1, as amended) is amended to read:

"15-2-3. SERVICE CHARGE.--

A. The department of information technology shall

charge a fee to the state or any officer, agency, department,

division, board or commission of the state for any services

rendered in the exercise of its supervisory control.

B. Fees shall be fixed by the secretary of

information technology.

C. Income from fees collected shall be deposited

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to the credit of the department of information technology and

used to carry out the duties of the department.

D. The department of information technology may

provide two-way radio services to counties and municipalities

at the same rates charged state agencies."

Section 17. Section 15-2-4 NMSA 1978 (being Laws 1966,

Chapter 32, Section 3, as amended) is amended to read:

"15-2-4. EXCLUSION FROM JURISDICTION.--The department

of information technology shall not have supervisory control

over:

A. the use of radio equipment, except as to the

technical requirements of the equipment or unless the

equipment is used by one or more agencies, and the department

of information technology must determine priority of use;

B. the radio equipment of the department of

military affairs, except the department of information

technology may maintain all radio equipment owned by the

department of military affairs that interfaces with state-

owned radio equipment; or

C. unless otherwise directed by the secretary of

information technology, radio equipment that is incidental to

a system that is primarily a telephone system."

Section 18. Section 15-2-5 NMSA 1978 (being Laws 1971,

Chapter 115, Section 2, as amended) is amended to read:

"15-2-5. PROPERTY TRANSFER.--Ownership of all radio

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communication property at mountaintop or remote sites,

including buildings, towers, antennas, emergency power plants

and radio equipment owned by the New Mexico state police,

department of transportation, department of game and fish and

forestry division of the energy, minerals and natural

resources department, is transferred to the department of

information technology."

Section 19. Section 15-2-8 NMSA 1978 (being Laws 1975,

Chapter 214, Section 4, as amended) is amended to read:

"15-2-8. TRANSFER OF PROPERTY--CUSTODY AND CONTROL.--

The radio equipment purchased in accordance with Laws 1972,

Chapter 74 by the property control division of the general

services department is transferred to the department of

information technology. The department has the custody and

control of the transferred radio equipment."

Section 20. Section 15-5-1 NMSA 1978 (being Laws 1978,

Chapter 124, Section 11, as amended) is amended to read:

"15-5-1. TELECOMMUNICATIONS--DUTIES.--The department of

information technology shall enter into necessary agreements

to provide, where feasible, a central telephone system,

including wide-area telephone service, and related facilities

to all executive, legislative and judicial branches. Nothing

in this section shall be construed to apply to the provision

of a central telephone system and related facilities to

political subdivisions of the state."

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Section 21. Section 15-5-3 NMSA 1978 (being Laws 1963,

Chapter 181, Section 3, as amended) is amended to read:

"15-5-3. CHARGES FOR CENTRAL TELEPHONE SERVICES.--

Departments, institutions and agencies participating in the

central telephone system shall be charged a pro rata and

equitable share of the total monthly costs of the service.

This determination is to be made by the department of

information technology. Toll calls not covered by the wide-

area telephone service and supplemental equipment shall be

segregated and paid for by agencies, institutions and

departments making the calls or using the supplemental

equipment."

Section 22. Section 15-5-4 NMSA 1978 (being Laws 1963,

Chapter 181, Section 4, as amended) is amended to read:

"15-5-4. DEPOSIT OF MONEY.--The department of

information technology shall order the deposit or transfer

monthly to a fund known as the "central telephone services

fund" the amount of money owed by each department, institution

and agency utilizing the central telephone system. State

institutions and agencies shall adopt such accounting

procedures as are prescribed by the department of finance and

administration for the handling of payments with reference to

the central telephone system."

Section 23. Section 22-15A-11 NMSA 1978 (being Laws

2005, Chapter 222, Section 2) is amended to read:

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"22-15A-11. EDUCATIONAL TECHNOLOGY DEFICIENCIES--

CORRECTION.--

A. No later than September 1, 2005, the bureau,

with the advice of the council and the secretary of

information technology, shall define and develop minimum

educational technology adequacy standards to supplement the

adequacy standards developed by the public school capital

outlay council, for school districts to use to identify

outstanding serious deficiencies in educational technology

infrastructure.

B. A school district shall use the standards to

complete a self-assessment of the outstanding educational

technology deficiencies within the school district and provide

cost projections to correct the outstanding deficiencies.

C. The bureau shall develop a methodology for

prioritizing projects that will correct the deficiencies.

D. After a public hearing and to the extent that

money is available in the educational technology deficiency

correction fund, the bureau shall approve allocations from the

fund on the established priority basis and, working with the

school district and pursuant to the Procurement Code, enter

into contracts to correct the deficiencies.

E. In entering into contracts to correct

deficiencies pursuant to this section, the bureau shall

include such terms and conditions as necessary to ensure that

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the state money is expended in the most prudent manner

possible consistent with the original purpose."

Section 24. Section 29-15A-3 NMSA 1978 (being Laws

2003, Chapter 93, Section 3, as amended) is amended to read:

"29-15A-3. STATE POLICE--AMBER ALERT NOTIFICATION

PLAN--DECLARATION OF AMBER ALERT.--

A. The state police shall develop and implement an

AMBER alert notification plan for the purpose of

disseminating, as rapidly as possible, information about a

child abduction so that law enforcement agencies and citizens

throughout the state may be aware and vigilant. The plan

shall:

(1) provide a procedure for notifying the

lead station by the authorized requester that an AMBER alert

has been declared. The procedure shall include codes for use

by the authorized requester in communicating with the lead

station to prevent false alerts;

(2) provide a procedure in which other state

and private print, radio, television or other media may alert

the members of the public of the abduction;

(3) include a procedure for notifying the

department of information technology that an AMBER alert has

been declared. The department of information technology shall

immediately transmit the notification and related information

to all state field operations employees so that they may be

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aware and vigilant in the course of their regular activities;

(4) include a procedure for notifying a

representative of each cellular service company and paging

service company operating in New Mexico so that a text message

may be sent to the company's customers at no additional

expense to the recipient or to any service that accepts the

information from the authorized requester and delivers it to

the cellular service or paging service company;

(5) include a procedure for notifying all

local and federal law enforcement agencies that an AMBER alert

has been declared; and

(6) provide for dissemination of information

about a child or a child's abductor to the lead station, the

department of information technology and local law enforcement

agencies when an AMBER alert has been declared.

B. The state police shall distribute the AMBER

alert notification plan to all local law enforcement agencies

and provide such training and other assistance as is necessary

to ensure that the plan can be properly implemented.

C. The authorized requester may declare an AMBER

alert when the requester has reason to believe that:

(1) a child under the age of eighteen has

been abducted by an unrelated person;

(2) the child is in imminent danger of

serious bodily harm or death; and

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(3) there is specific information available

about the child or the child's abductor that may assist in an

expedient and successful end to the abduction.

D. Once an AMBER alert has been declared, only the

authorized requester may terminate the AMBER alert."

Section 25. Section 38-5-3 NMSA 1978 (being Laws 1991,

Chapter 71, Section 2, as amended) is amended to read:

"38-5-3. SOURCE FOR JUROR SELECTION.--

A. Each county clerk shall make available to the

secretary of state a database of registered voters of the

clerk's county. The secretary of state shall preserve and

make available to the department of information technology, by

electronic media, a database of New Mexico registered voters,

by county, which shall be updated monthly. The director of

the motor vehicle division of the taxation and revenue

department shall make available by electronic media to the

department of information technology a database of driver's

license holders in each county, which shall be updated

monthly. The secretary of taxation and revenue shall make

available to the department of information technology, by

electronic media, a database of New Mexico personal income tax

filers by county, which shall be updated quarterly.

B. The department of information technology shall

program the merger of the registered voter, driver's license

and personal income tax filer databases from each county to

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form a master jury database and write a computer program so

that a random selection of jurors can be made. A

discrimination shall not be exercised except for the

elimination of persons who are not eligible for jury service.

The administrative office of the courts shall provide

specifications for the merging of the registered voter,

driver's license and personal income tax filer databases. The

merged database information shall be the database that

produces the random jury list for the selection of petit or

grand jurors for the state courts.

C. The court shall, by order, designate the number

of potential jurors to be selected and the date on which the

jurors are to report for empaneling. Within fifteen days

after receipt of a copy of the order, the administrative

office of the courts shall provide the random jury list to the

court. The department of information technology shall print

the random jury list and jury summons mailer forms within ten

days after receiving the request from the administrative

office of the courts. Upon issuance of the order, the

department of information technology shall draw from the most

current registered voter, driver's license and personal income

tax filer databases to create the random jury list.

D. The department of information technology may

transfer the master jury database to a court that has

compatible equipment to accept such a transfer. The court

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accepting the master jury database shall transfer the

information to a programmed computer used for the random

selection of petit or grand jurors."

Section 26. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS,

PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--

A. The transfer of functions, personnel,

appropriations, money, records, equipment, supplies, other

property and contractual obligations of the office of the

chief information officer, the information technology

commission, pursuant to the Information Technology Management

Act, and the communications division, information systems

division, radio communications bureau and telecommunications

bureau of the general services department is approved and

transferred to the department of information technology. All

references in law to the office of the chief information

officer, the information technology commission, pursuant to

the Information Technology Management Act, and the

communications division, information systems division, radio

communications bureau and telecommunications bureau of the

general services department shall be deemed to be references

to the department of information technology.

B. It is the intent of the legislature that

consolidation of state services and programs into the

department of information technology be accomplished as

quickly as practicable, without disruption in information

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technology services to executive agencies.

C. At the time of transfer of an agency or

program, all personnel, money, appropriations, records, files,

furniture, equipment and other property related to that agency

or program shall be transferred to the department of

information technology. The governor's office and the state

budget division of the department of finance and

administration shall assist in the identification of

personnel, money, appropriations and property to be

transferred and shall certify to the legislature that

resources transferred from other agencies to the department of

information technology are sufficient to continue the same

level of services.

D. Contractual and other obligations of an agency

or program shall be obligations of the department of

information technology.

E. After the effective date of the transfers

provided in Subsection B of this section, references in law to

the programs being transferred shall be deemed to be

references to the department of information technology.

F. The secretary of information technology shall

provide periodic updates to the legislative finance committee

and other appropriate interim legislative committees on the

progress of the transition and integration plan and the

establishment of the department of information technology. By

November 1, 2007, the secretary shall provide the legislative

finance committee and other appropriate interim legislative

committees with a comprehensive plan to provide information

technology services for all executive branch agencies,

including recommendations, if any, for the transfer of

additional information technology services or programs from

other agencies to the department of information technology.

Section 27. REPEAL.--Sections 15-1C-1 through 15-1C-12

NMSA 1978 (being Laws 1999, Chapter 16, Sections 1 through 11,

Laws 2003, Chapter 49, Section 9 and Laws 2003, Chapter 308,

Section 9, as amended) are repealed.

Section 28. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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