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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.
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Section 3. DEFINITIONS.--As used in the Department of
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
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standards that guides the engineering of state government's
information 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
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governor with the consent of the senate. The secretary shall
hold that office at the pleasure of the governor and shall
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
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the secretary deems necessary and appropriate, clearly
delineating such delegated authority and the limitations
thereto;
(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
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administration;
(8) prepare an annual budget of the
department;
(9) provide cooperation, at the request of
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
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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
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
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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;
(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
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information technology projects that impact multiple
agencies; and
(14) perform any other information
technology function assigned by the governor.
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.
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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
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
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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 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
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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
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
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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--
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
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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
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
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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.
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
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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;
(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;
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(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
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.
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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 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.
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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
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
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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:
"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
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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
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;
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(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 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
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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
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
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(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
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
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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
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
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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;
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."
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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
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
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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
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."
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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."
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
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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:
"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.
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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
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
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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 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
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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
(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
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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
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
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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
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
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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
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
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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
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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.