HOUSE BILL 547

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; ELIMINATING THE DEPARTMENT OF INFORMATION TECHNOLOGY AND TRANSFERRING ITS FUNCTIONS TO THE GENERAL SERVICES DEPARTMENT; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978; RECONCILING CONFLICTING AMENDMENTS TO THE SAME SECTIONS OF LAW BY REPEALING LAWS 2007, CHAPTER 288, SECTIONS 2 AND 3.

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

     SECTION 1. 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; and

                (7) the information technology 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 2. A new section of the Chapter 15 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INFORMATION TECHNOLOGY DIVISION--DUTIES AND GENERAL POWERS.--

          A. The information technology division of the general services department shall:

                (1) review executive agency plans regarding prudent allocation of information technology resources; reduction of duplicate or redundant data, hardware and software; and improvement of system interoperability and data accessibility among agencies;

                (2) approve executive agency information technology requests for proposals and other executive agency 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 state 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;

                (10) ensure the use of existing public or private information technology or telecommunications resources when the use is practical, efficient, effective and financially prudent and is in compliance with the Procurement Code;

                (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 by November 14 of each year to the department of finance and administration and by November 21 of each year to the legislative finance committee, the appropriate interim legislative committee and the information technology commission; provided, however, that the recommendations to the legislative committees and the commission have been agreed to by the information technology division and the department of finance and administration;

                (12) promulgate rules to ensure that information technology projects satisfy criteria established by the division 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 for information technology projects that affect multiple agencies;

                (14) conduct reviews of information technology projects and provide written reports to the appropriate legislative oversight bodies;

                (15) conduct background checks on division employees and prospective division employees that have or will have administrative access or authority to sensitive, confidential or private information or the ability to alter systems, networks or other information technology hardware or software; and

                (16) perform any other information technology function assigned by the governor or the secretary of general services.

          B. Each executive agency shall submit an agency information technology plan to the information technology division in the form and detail required by the division. Each executive agency shall conduct background checks on agency or prospective agency employees that have or will have administrative access or authority to alter systems, networks or other information technology hardware or software.

          C. A state agency that receives an invoice from the information technology division for services rendered to the agency shall have thirty days from receipt of the invoice to pay the division or to notify the division if the amount of the invoice is in dispute. The agency shall have fifteen days from its notification of dispute to the division to present its reasons in writing and request an adjustment. The division shall have fifteen days from its receipt of the reasons for dispute to notify the agency of its decision. If the division and the agency do not agree on a resolution, the secretary of finance and administration shall make a determination on the amount owed by the agency to the division. If the agency has not paid the division or notified the division of a dispute within thirty days of receipt of the invoice, the division shall notify the department of finance and administration and request that the department of finance and administration transfer funds from the agency to the division to satisfy the agency's obligation.

          D. The information technology division shall prepare a state information technology strategic plan for the executive branch and update it at least once every three years, which plan shall be available to agencies by July 31 of each year. The plan shall 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.

          E. The information technology division, in conjunction with the secretary of general services, may apply for and receive, with the governor's approval, in the name of the general services department, any public or private funds, including United States government funds, available to the information technology division or general services department to carry out the division's programs, duties or services.

          F. Where information technology functions of executive agencies overlap or a function assigned to one agency could better be performed by another agency, the information technology division may recommend appropriate legislation to the next session of the legislature for its approval.

          G. The information technology division may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the division and its 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.

          H. Unless otherwise provided by statute, all rules promulgated by the information technology division shall comply with the procedures provided in Subsection E of Section 9-17-5 NMSA 1978.

          I. As used in this section:

                (1) "information technology" means computer hardware and software and ancillary products and services, including:

                     (a) systems design and analysis;

                     (b) acquisition, storage and conversion of data;

                     (c) computer programming;

                     (d) information storage and retrieval;

                     (e) voice, radio, video and data communications;

                     (f) requisite systems;

                     (g) simulation and testing; and

                     (h) related interactions between users and information systems; and

                (2) "information technology project" means the purchase, replacement, development or modification of a hardware or software system."

     SECTION 3. Section 9-27-12 NMSA 1978 (being Laws 2009, Chapter 146, Section 6) is recompiled in Chapter 15 NMSA 1978 and is amended to read:

     "HUMAN RESOURCES--ACCOUNTING AND MANAGEMENT REPORTING.--The information technology division of the general services department, in conjunction with the general services department, shall:

          A. enter into a memorandum of understanding with the department of finance and administration for the joint design, development, acquisition and implementation of the statewide human resources, accounting and management reporting system or its successor system;

          B. include a per employee assessment per agency that is sufficient to provide for the support, operation, maintenance, software upgrade or equipment replacement of the statewide human resources, accounting and management reporting system or its successor system; and

          C. ensure that an amount equal to at least the annual depreciation and amortization be deposited in a separately identifiable account for software upgrades and equipment replacement."

     SECTION 4. Section 9-27-19 NMSA 1978 (being Laws 1975, Chapter 214, Section 4, as amended) is recompiled in Chapter 15 NMSA 1978 and is amended to read:

     "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] and then transferred to the department of information technology is transferred to the information technology division of the general services department. The [department] information technology division has the custody and control of the transferred radio equipment."

     SECTION 5. Section 9-27-21 NMSA 1978 (being Laws 1963, Chapter 181, Section 2, as amended) is recompiled in Chapter 15 NMSA 1978 and is amended to read:

     "CENTRAL TELEPHONE SERVICES--STAFF--BUDGET.--The [telecommunications bureau of the enterprise services] information technology division of the general services department shall provide the staff and material necessary to properly and adequately operate the central telephone system. The budget for the central telephone system shall be approved as part of the total operating budget of the department."

     SECTION 6. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS, PERSONNEL AND PROPERTY--CONTRACTUAL OBLIGATIONS--REFERENCES IN LAW.--

          A. On July 1, 2011, all functions, appropriations, personnel, money, records, furniture, equipment and other property of the department of information technology shall be transferred to the general services department.

          B. On July 1, 2011, contractual obligations of the

department of information technology are binding on the general services department.

          C. On July 1, 2011, all references in law to the department of information technology shall be deemed to be references to the information technology division of the general services department.

          D. On July 1, 2011, all references in law to the secretary of information technology shall be deemed to be references to the director of the information technology division of the general services department.

     SECTION 7. TEMPORARY PROVISION--RECOMPILATION.--Sections 9-27-11, 9-27-13 through 9-27-18 and 9-27-22 through 9-27-25 NMSA 1978 (being Laws 2008, Chapter 84, Section 2, 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 and Laws 1963, Chapter 181, Sections 3 through 6, as amended) are recompiled in Chapter 15 NMSA 1978.

     SECTION 8. REPEAL.--

          A. Laws 2007, Chapter 288, Sections 2 and 3 are repealed.

          B. Sections 9-27-1 through 9-27-10 NMSA 1978 (being Laws 2007, Chapter 290, Sections 1 through 9 and 26, as amended) are repealed.

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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