44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO INFORMATION SYSTEMS; CREATING THE INFORMATION SYSTEMS DIVISION OF THE GENERAL SERVICES DEPARTMENT; CREATING CERTAIN FUNDS; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Information Systems Division Act".
Section 2. INFORMATION SYSTEMS DIVISION CREATED.-- The "information systems division" is created within the general services department. The division director shall be appointed by the secretary of general services with the governor's consent.
Section 3. DEFINITIONS.--As used in the Information Systems Division Act:
A. "central communications systems" means voice, radio and data communications systems operated by the division;
B. "director" means the director of the division;
C. "division" means the information systems division of the general services department;
D. "division services" means computer, voice and data communications software and hardware, including services for large scale statewide computing and communication, application development, web enablement, electronic mail and local area and wide area network support;
E. "local public body" means any political subdivision of the state and its agencies, instrumentalities and institutions; and
F. "state" or "state agency" means the state of New Mexico or any of its officers, branches, agencies, departments, boards, commissions, instrumentalities or institutions.
Section 4. INFORMATION SYSTEMS DIVISION--POWERS AND DUTIES.--
A. The division shall support state information systems services and assist state agencies and local public bodies in achieving their information systems objectives. State agencies shall consult with the division prior to seeking other means of achieving those objectives. The division shall:
(1) provide the staff and other resources necessary to carry out its duties;
(2) enter into agreements necessary to carry out its duties; and
(3) be designated as the host center and information systems services provider for the state.
B. The budget for the division shall be approved as part of the total operating budget of the general services department.
Section 5. PARTICIPATION OR EXCLUSION OF AGENCY.--State agencies shall participate in the state's central communications systems to the extent that it is practical and feasible. Except for the institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, a state agency participating in division services shall not enter into an agreement to lease or purchase central communications equipment or services except upon prior written approval of the secretary of general services or the director, acting as his designee. If the division finds it to be infeasible or impractical to include particular agencies in central communications systems, the director may exclude them. In the event of exclusion of any agency, the director shall issue a written statement certifying the reasons for the exclusion.
Section 6. RADIO COMMUNICATIONS SYSTEMS EQUIPMENT--SUPERVISORY CONTROL.--The division has supervisory control over the mobile or fixed radio equipment now owned and subsequently acquired by the state. Supervisory control includes determining the need for, purchase, repair, maintenance, combination or disposition of radio equipment.
Section 7. EXCLUSION FROM SUPERVISORY CONTROL.--The division does not have supervisory control over:
A. the use of radio equipment, except for:
(1) the technical requirements of the equipment; or
(2) priority of use if the equipment is used by one or more agencies;
B. the radio equipment of the department of military affairs, except the division may maintain radio equipment owned by the department of military affairs that interfaces with other state-owned radio equipment; or
C. unless otherwise directed by the secretary of general services, radio equipment that is incidental to a system that is primarily a telephone system.
Section 8. PROPERTY OWNERSHIP.--Ownership of central communications systems property at mountaintop or remote sites, including buildings, towers, antennas, emergency power plants and equipment, is transferred to the division.
Section 9. LEASE OF CENTRAL COMMUNICATIONS SYSTEMS NETWORK--CONDITIONS AND REQUIREMENTS.--In exercising supervisory control pursuant to the Information Systems Division Act, the division may lease to a private entity excess capacity on its central communications systems property, including buildings, towers and antennas, provided that:
A. the lease conforms with competitive procurement requirements of the Procurement Code;
B. the lease is for an equal value exchange of money or property;
C. the secretary of general services 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 division 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
F. income from the leases shall be deposited in the information systems division operating fund and used to carry out the duties of the division.
Section 10. SERVICE FEES--DEPOSIT--APPROPRIATION.--
A. The division shall charge a fee for services rendered.
B. Service fees shall cover the cost of depreciation and replacement of equipment and software.
C. Fees shall be fixed by the director, with approval of the secretary of general services.
D. Receipts from fees charged by the division shall be deposited in the information systems division operating fund and the information systems division equipment revolving fund. The portion of fees that covers the cost of depreciation and replacement of equipment and software shall be deposited in the information systems division equipment revolving fund; the remaining portion of fees shall be deposited in the information systems division operating fund.
Section 11. OPERATING FUND CREATED--EXPENDITURES.--
A. The "information systems division operating fund" is created in the state treasury. Money in the fund is appropriated to the division for carrying out the provisions of the Information Systems Division Act. Income from investment of the fund shall be credited to the fund, and balances remaining in the fund at the end of any fiscal year shall not revert to the general fund. Expenditures from the fund are for the purpose of carrying out the duties of the division.
B. The fund shall be administered by the division. Disbursements from the fund shall be made only on warrant from the secretary of finance and administration upon vouchers approved by the director or his authorized representative for the purposes of carrying out the provisions of the Information Systems Division Act.
Section 12. EQUIPMENT REVOLVING FUND CREATED--EXPENDITURES.--
A. The "information systems division equipment revolving fund" is created in the state treasury. Money in the fund is appropriated to the division and income from investment of the fund shall be credited to the fund. Balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.
B. Expenditures from the information systems division equipment revolving fund shall be for the purpose of acquiring and replacing division services and central communications systems equipment and software. Expenditures shall be made only upon vouchers signed by the director or his authorized representative and shall be disbursed pursuant to the annual operating budget prepared by the division and submitted annually to the department of finance and administration and the legislative finance committee.
Section 13. TEMPORARY PROVISION--TRANSFER OF MONEY.--Any unexpended or unencumbered balance remaining in the central telephone services fund is transferred to the information systems division operating fund. Any unexpended or unencumbered balance remaining on deposit to the credit of the radio communications bureau is transferred to the information systems division operating fund.
Section 14. REPEAL.--Sections 15-2-1 through 15-2-5,
15-2-8 and 15-5-1 through 15-5-6 NMSA 1978 (being Laws 1977, Chapter 247, Sections 23 and 24, Laws 1997, Chapter 263, Section 1, Laws 1970, Chapter 71, Section 1, Laws 1966, Chapter 32, Section 3, Laws 1971, Chapter 115, Section 2, Laws 1975, Chapter 214, Section 4 and Laws 1963, Chapter 181, Sections 1 through 6, as amended) are repealed.
Section 15. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.