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F I S C A L I M P A C T R E P O R T

SPONSOR Martinez

ORIGINAL DATE

LAST UPDATED

2-15-07

2-28-07 HB

SHORT TITLE Info Technology Commission Members

SB 541/aSPAC/aSJC

ANALYST Aubel

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Insignificant

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with to SB959 (HB 959 duplicate)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Chief information Officer (OCIO)

New Mexico Municipal league (NMML)

Department of Finance and Administration (DFA)

Public Education Department (PED)

No Response

New Mexico Association of Counties (NMAC)

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee Amendment strikes the Senate Public Affairs Committee in its

entirety. It then re-adds the two local telecommunications service providers as governor

appointees, but does not qualify the representation by number of access lines. This brings the

number on the Information Technology Committee to 17. The other significant amendment

restructures the bill’s original addition of two members representing local government by making

them governor appointees, one from a list of three names provided by the New Mexico

Association of Counties and one from a list of three names provided by the New Mexico

Municipal League.

Synopsis of SPAC Amendment

The Senate Public Affairs Committee Amendment adds two new members representing the local

Senate Bill 541/aSPAC/aSJC – Page

2

telecommunications service providers to the Information Technology Committee. Both are

governor appointees. One will represent carriers with more than 50 thousand access lines in the

state and one will represent carriers with less than 50 thousand access lines in the state.

Synopsis of Original Bill

Senate Bill 541 amends the Information Technology Management Act by increasing the number

of voting members on the Information Technology Commission (ITC) from 13 to 15. Two

members shall represent local government, one appointed by the Association of Counties and

one appointed by the New Mexico Municipal League. SB 541 also revises the two members

representing public education.

FISCAL IMPLICATIONS

Members of the commission not supported by public money may receive per diem and mileage

reimbursement, which would be insignificant.

SIGNIFICANT ISSUES

Background

The Information Technology Commission (ITC) is administratively attached to the OCIO and

has oversight authority over executive branch state agencies in matters relating to information

technology (IT). Currently, the commission consists of 13 voting members, five advisory

members, and two adjunct members. The State Chief Information Officer sits on the ITC as an

advisory non-voting member, as do two representatives from the legislative branch and two

representatives from the judicial branch.

The primary tasks of the ITC is to adopt and promulgate rules specifying the state information

architecture; update the state strategic information technology plan; and review, approve or

disapprove large project plans, including the IT Consolidation Plan..

Adding Members

DFA points out that HB 541 will provide an avenue for local governments to participate in future

IT projects and initiatives and notes that the NMAC has included the addition of members to ITC

as one if its legislative priorities for the 2007 Legislative Session.

Public Education Representation

SB 541 modifies appointment of education representatives as follows:

1.)

one appointed by the Higher Education secretary versus the Commission on Higher

Education, and

2.)

one appointed by the Public Education secretary versus the President of the State Board

of Education.

PED notes that education representatives to the ITC cannot be replaced since the Commission on

Higher Education and the State Board of Education no longer exist.

Senate Bill 541/aSPAC/aSJC – Page

3

PERFORMANCE IMPLICATIONS

DFA suggests that adding two new members to the ITC that are appointed by the NMAOC and

the NMML will provide the commission valuable insight into local governmental issues and

concerns as they pertain to IT projects and initiatives.

ADMINISTRATIVE IMPLICATIONS

Both the NMAC and the NMML would be required to appoint appropriate representatives for the

ITC. The Secretary of Higher Education and the Secretary of Public Education would also need

to designate representatives, as required.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 541 conflicts with SB 979 (and the HB 959 duplicate), which add the NMML and NMAC as

adjunct, or nonvoting, members.

TECHNICAL ISSUES

The effective date is June 17, 2007.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

ITC may not contain the membership necessary to address local needs and resources as well as

their relationship to IT projects. Education representatives may not be replaced since the current

statute refers to appointing organizations that do not currently exist.

POSSIBLE QUESTIONS

How will the new “local entity" voting privilege impact state IT initiatives and projects.

MA/mt