45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO STATE GOVERNMENT; CREATING THE INFORMATION SYSTEMS DIVISION OF THE GENERAL SERVICES DEPARTMENT; PROVIDING POWERS AND DUTIES; CREATING CERTAIN FUNDS; MAKING CERTAIN TRANSFERS; 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. DEFINITIONS.--As used in the Information Systems Division Act:

A. "central communications system" means a voice, radio or data communications system that is operated by the division and used by other governmental agencies;

B. "director" means the director of the division;

C. "division" means the information systems division of the general services department;

D. "information systems services" means computer, voice or 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 a political subdivision of the state; 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 3. INFORMATION SYSTEMS DIVISION--CREATION--DUTIES.--

A. The "information systems division" is created within the general services department.

B. The division shall be the primary information systems services provider for the state. In that capacity, the division shall:

(1) operate and support central communications systems;

(2) offer information systems services to state agencies;

(3) assist state agencies and local public bodies in achieving their information systems needs and objectives;

(4) provide the staff and other resources necessary to carry out its duties; and

(5) enter into agreements necessary to carry out its duties.

Section 4. STATE AGENCIES--DUTIES RELATING TO INFORMATION SYSTEMS--EXCLUSIONS.--

A. Unless excluded pursuant to Subsection D of this section, a state agency shall participate in the state's central communications systems and obtain information systems services from the division.

B. Unless excluded pursuant to Subsection D of this section, a state agency shall not enter into an agreement to lease or purchase central communications system equipment or information systems services except with the prior written approval of the director.

C. A state agency shall consult with the division prior to seeking other means to achieve its information systems objectives.

D. The provisions of Subsections A and B of this section do not apply to:

(1) a state agency within the judicial department;

(2) an educational institution enumerated in Article 12, Section 11 of the constitution of New Mexico; or

(3) a state agency that has been excluded by the director after finding, in writing, that it would be infeasible or impractical to apply the provision to that agency.

Section 5. SUPERVISORY CONTROL OVER RADIO COMMUNICATIONS SYSTEMS EQUIPMENT--EXCLUSIONS.--

A. Unless excluded pursuant to Subsection B of this section, the division has supervisory control over all mobile or fixed radio equipment owned by the state. As used in this section, "supervisory control" includes determining the need for purchase, repair, maintenance, combination or disposition of radio equipment.

B. The provisions of Subsection A of this section do not apply to:

(1) the use of radio equipment, except for:

(a) the technical requirements of the equipment; or

(b) priority of use if the equipment is used by two or more state agencies;

(2) the radio equipment of the department of military affairs, except that the division may maintain radio equipment owned by the department of military affairs that interfaces with other state-owned radio equipment; or

(3) unless otherwise directed by the secretary of general services, radio equipment that is incidental to a system that is primarily a telephone system.

Section 6. LEASE OF CENTRAL COMMUNICATIONS SYSTEM PROPERTY--CONDITIONS AND REQUIREMENTS.--The division may lease to a private entity excess capacity on its central communications system property, including buildings, towers, bandwidth 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 is deposited in the information systems division operating fund.

Section 7. SERVICE FEES--DEPOSIT--APPROPRIATION.--

A. The division shall charge a fee for services rendered.

B. Service fees shall, at a minimum, cover the cost of depreciation and replacement of equipment and software and related expenses.

C. Fees shall be fixed by the director, with the 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 and related expenses 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 8. INFORMATION SYSTEMS DIVISION OPERATING FUND CREATED--EXPENDITURES.--

A. The "information systems division operating fund" is created in the state treasury. Money in the fund is subject to appropriation 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 any other fund.

B. The information systems division operating fund shall be administered by the division. Disbursements from the fund shall be made only on warrant of the secretary of finance and administration upon vouchers signed by the director or his authorized representative for the purposes of carrying out the provisions of the Information Systems Division Act.

Section 9. INFORMATION SYSTEMS DIVISION EQUIPMENT REVOLVING FUND CREATED--EXPENDITURES.--

A. The "information systems division equipment revolving fund" is created in the state treasury. Money in the fund is subject to appropriation to the division. 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 any other 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 system equipment and software and related expenses. Expenditures shall be made only upon vouchers signed by the director or his authorized representative.

Section 10. TEMPORARY PROVISION--TRANSFERS.--On the effective date of this act:

A. all property, including furniture, equipment, central communications systems, funds, money, appropriations, records and contracts; personnel; and budgets of the communications division of the general services department are transferred to the information systems division of the general services department;

B. all references to the communications division of the general services department or the telecommunications bureau of the communications division shall be deemed to be references to the information systems division of the general services department; and

C. any unexpended or unencumbered balance remaining in the central telephone services fund is transferred to the information systems division operating fund.

Section 11. 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 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.