0001| HOUSE BILL 636
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| JEANNETTE WALLACE
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO INFORMATION AND COMMUNICATIONS SYSTEMS; ENACTING THE
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0013| INFORMATION AND COMMUNICATIONS SYSTEMS ACT; PROVIDING THE POWERS
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0014| AND DUTIES OF THE INFORMATION SYSTEMS DIVISION OF THE GENERAL
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0015| SERVICES DEPARTMENT; CREATING AND PROVIDING FOR CERTAIN FUNDS;
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0016| PROVIDING FOR REVENUE BONDS; MAKING APPROPRIATIONS; DECLARING AN
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0017| EMERGENCY.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 13-1-99 NMSA 1978 (being Laws 1984,
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0021| Chapter 65, Section 72, as amended) is amended to read:
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0022| "13-1-99. EXCLUDED FROM CENTRAL PURCHASING THROUGH THE
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0023| STATE PURCHASING AGENT.--Excluded from the requirement of
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0024| procurement through the state purchasing agent but not from the
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0025| requirements of the Procurement Code are the following:
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0001| A. procurement of professional services except for
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0002| professional services for information and communications
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0003| management;
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0004| B. small purchases having a value not exceeding
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0005| [two hundred fifty dollars ($250)] five hundred dollars
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0006| ($500);
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0007| C. emergency procurement;
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0008| D. procurement of highway construction or
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0009| reconstruction by the state highway and transportation
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0010| department;
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0011| E. procurement by the judicial branch of state
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0012| government;
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0013| F. procurement by the legislative branch of state
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0014| government;
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0015| G. procurement by the boards of regents of state
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0016| educational institutions named in Article 12, Section 11 of the
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0017| constitution of New Mexico;
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0018| [H. procurement of information processing resources
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procured through the commission on information and communication
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management;
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I.] H. procurement by the state fair commission of
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0022| tangible personal property, services and construction under five
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0023| thousand dollars ($5,000);
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0024| [J.] I. procurement by the intertribal Indian
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0025| ceremonial association;
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0001| [K.] J. purchases from the instructional
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0002| material fund;
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0003| [L.] K. procurement by all local public bodies;
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0004| [M.] L. procurement by regional education
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0005| cooperatives; and
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0006| [N.] M. procurement by each state health care
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0007| institution that provides direct patient care and that is, or a
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0008| part of which is, medicaid certified and participating in the
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0009| New Mexico medicaid program."
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0010| Section 2. Section 15-1-1 NMSA 1978 (being Laws 1986,
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0011| Chapter 81, Section 1, as amended) is recompiled as Section
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0012| 15-10-1 NMSA 1978 and is amended to read:
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0013| "15-10-1. SHORT TITLE.--Chapter 15, Article [1] 10
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0014| NMSA 1978 may be cited as the "Information and [Communication
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Management] Communications Systems Act"."
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0016| Section 3. Section 15-1-2 NMSA 1978 (being Laws 1986,
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0017| Chapter 81, Section 2) is recompiled as Section 15-10-2 and is
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0018| amended to read:
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0019| "15-10-2. INFORMATION SYSTEMS DIVISION CREATED.--The
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0020| "information systems division" is created within the general
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0021| services department. The division director shall be appointed
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0022| by the secretary of general services with the governor's
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0023| consent."
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0024| Section 4. A new Section 15-10-3 NMSA 1978 is enacted to
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0025| read:
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0001| "15-10-3. [NEW MATERIAL] INFORMATION SYSTEMS DIVISION--POWERS AND DUTIES.--
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0002| A. The information systems division of the general
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0003| services department shall provide the staff and resources for
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0004| the efficient and effective use of shared facilities for
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0005| automated data processing and communications services.
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0006| B. The information systems division is the
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0007| designated central automated data processing host center and
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0008| communications services provider for the state of New Mexico.
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0009| C. The information systems division shall enter into
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0010| necessary agreements to provide, where feasible, central
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0011| telephone, data and radio communications systems, using
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0012| appropriate information and communications technology services,
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0013| to executive, legislative, judicial, institutional and other
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0014| government offices located in the state of New Mexico."
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0015| Section 5. Section 15-5-6 NMSA 1978 (being Laws 1963,
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0016| Chapter 181, Section 6, as amended) is recompiled as Section
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0017| 15-10-4 NMSA 1978 and is amended to read:
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0018| "15-10-4. PARTICIPATION OR EXCLUSION OF AGENCY, DEPARTMENT
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0019| OR INSTITUTION.--All departments, institutions and agencies of
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0020| the state government to the extent that it is practical and
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0021| feasible shall participate in the central telephone [system]
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0022| data and radio communications systems. No agreement for any
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0023| leased or purchased telephone, data or communications service
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0024| or for purchase of any telephone, data or communications
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0025| equipment shall be entered into by any department, institution
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0001| or agency of the state participating in [the central telephone
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system] information systems division of the general services
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0003| department services, except those institutions enumerated in
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0004| Article 12, Section 11 of the [New Mexico] constitution of
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0005| New Mexico, except upon prior written approval of the secretary
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0006| of general services or the director of the [communications]
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0007| information systems division acting as his designee. If, on
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0008| the basis of a technical survey, it is found to be infeasible or
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0009| impractical to include particular agencies, departments or
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0010| institutions in [the central telephone system] information
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0011| systems division services, the director of the
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0012| [communications] information systems division may exclude
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0013| them. In the event of exclusion of any agency, department or
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0014| institution, the director of the [communications] information
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0015| systems division shall file a written statement, certifying the
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0016| reasons therefor, with the state records center."
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0017| Section 6. Section 15-2-2 NMSA 1978 (being Laws 1977,
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0018| Chapter 247, Section 24, as amended) is recompiled as Section
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0019| 15-10-5 NMSA 1978 and is amended to read:
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0020| "15-10-5. RADIO COMMUNICATIONS [BUREAU--DUTIES]
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0021| EQUIPMENT--SUPERVISORY CONTROL.--The ["radio communications
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bureau", hereby created, of the communications] information
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0023| systems division of the general services department shall have
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0024| supervisory control over all mobile or fixed radio equipment now
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0025| owned or subsequently acquired by the state or any state
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0001| officer, department, other agency, board, [or] commission,
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0002| [or] division or bureau of any state department or other
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0003| agency. This supervisory control shall include but not be
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0004| limited to the determination of the need for, purchase, repair,
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0005| maintenance, combination or disposition of radio equipment."
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0006| Section 7. Section 15-2-4 NMSA 1978 (being Laws 1966,
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0007| Chapter 32, Section 3, as amended) is recompiled as Section
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0008| 15-10-6 NMSA 1978 and is amended to read:
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0009| "15-10-6. EXCLUSION FROM [JURISDICTION] SUPERVISORY
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0010| CONTROL.--The [radio communications bureau of the
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communications] information systems division of the general
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0012| services department shall not have supervisory control over:
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0013| A. the use of [such] radio equipment, except as
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0014| to:
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0015| (1) the technical requirements of the
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0016| equipment; or [unless]
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0017| (2) if the equipment is used by one or more
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0018| agencies, [and the radio communications bureau must determine]
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0019| priority of use;
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0020| B. the radio equipment of the [office]
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0021| department of military affairs, except the [radio
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communications bureau] information systems division may
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0023| maintain all radio equipment owned by the [office]
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0024| department of military affairs which interfaces with other
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0025| state-owned radio equipment; or
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0001| C. unless otherwise directed by the secretary of
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0002| general services, radio equipment that is incidental to a system
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0003| which is primarily a telephone system."
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0004| Section 8. Section 15-2-5 NMSA 1978 (being Laws 1971,
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0005| Chapter 115, Section 2, as amended) is recompiled as Section
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0006| 15-10-7 NMSA 1978 and is amended to read:
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0007| "15-10-7. PROPERTY [TRANSFER] OWNERSHIP.--Ownership of
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0008| all radio [communication] communications property at
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0009| mountaintop or remote sites, including buildings, towers,
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0010| antennas, emergency power plants and radio equipment, [owned by
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the New Mexico state police, state highway department,
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department of game and fish and the state forestry division, is
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transferred to the communications] shall remain under the
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0014| information systems division of the general services
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0015| department."
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0016| Section 9. A new Section 15-10-8 NMSA 1978 is enacted to
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0017| read:
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0018| "15-10-8. [NEW MATERIAL] LEASE AUTHORIZED.--The
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0019| information systems division of the general services department
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0020| may lease or license portions of radio communications sites or
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0021| equipment if it is not needed for, or will not interfere with,
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0022| state use and will comply with rules adopted by the general
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0023| services department to ensure competitive leasing. Revenue from
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0024| leases or licenses shall be credited to the communications
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0025| equipment revolving fund."
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0001| Section 10. Section 15-1-8 NMSA 1978 (being Laws 1993,
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0002| Chapter 197, Section 7) is recompiled as Section 15-10-9 NMSA
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0003| 1978 and is amended to read:
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0004| "15-10-9. PURCHASING--INFORMATION AND [COMMUNICATION]
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0005| COMMUNICATIONS SERVICES, RESOURCES AND SYSTEMS.--[A.] The
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0006| state purchasing agent shall serve as the central purchasing
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0007| agency for all information and [communication]
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0008| communications services, resources and systems. [The state
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purchasing agent shall seek advice and support from the
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commission concerning system procurements and price agreements.
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B. All information system services and professional
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services contracts shall be processed in accordance with
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appropriate rules and regulations of the department of finance
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and administration; provided, however, that the commission shall
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review and approve all information system services and
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professional service contracts for management of information and
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communication system projects prior to final approval by the
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department of finance and administration.] As used in this
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0019| section, "information and communications services, resources and
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0020| systems" means computer, voice and data communications software
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0021| and hardware, including imaging systems, terminals and
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0022| communications networks and facilities, information systems
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0023| services and professional services contracts."
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0024| Section 11. A new Section 15-10-10 NMSA 1978 is enacted to
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0025| read:
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0001| "15-10-10. [NEW MATERIAL] SERVICE FEES--DEPOSIT--APPROPRIATION.--
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0002| A. The information systems division of the general
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0003| services department shall charge a fee to the state and any
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0004| agency, institution, instrumentality, officer, board or
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0005| commission of the state, including the legislative and judicial
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0006| branches, and any county or municipality for services rendered.
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0007| All receipts from fees charged by the division shall be
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0008| deposited in the information systems division operating fund and
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0009| shall be appropriated to the division.
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0010| B. The rate structure of the service fees shall
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0011| include charges for the cost of depreciation and replacement of
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0012| data processing and communications equipment.
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0013| C. The rate structure for fees shall be fixed by the
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0014| director of the information systems division, with the approval
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0015| of the secretary of general services."
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0016| Section 12. A new Section 15-10-11 NMSA 1978 is enacted to
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0017| read:
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0018| "15-10-11. [NEW MATERIAL] OPERATING FUND CREATED--EXPENDITURES--TRANSFERS.--
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0019| A. There is created in the state treasury the
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0020| "information systems division operating fund". All income from
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0021| investment of the fund shall be credited to the fund. Balances
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0022| remaining in the fund at the end of any fiscal year shall not
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0023| revert to the general fund.
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0024| B. Expenditures from the fund shall be made only
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0025| upon vouchers approved by the director of the information
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0001| systems division of the general services department."
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0002| Section 13. Section 15-1-10 NMSA 1978 (being Laws 1986,
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0003| Chapter 81, Section 10, as amended) is recompiled as Section
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0004| 15-10-12 NMSA 1978 and is amended to read:
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0005| "15-10-12. DATA PROCESSING EQUIPMENT REVOLVING FUND
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0006| CREATED--DISBURSEMENT.--
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0007| A. There is created in the state treasury the "data
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0008| processing equipment revolving fund". [The] All income from
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0009| investment of the fund shall be credited to the fund. Balances
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0010| remaining in the fund at the end of any fiscal year shall not
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0011| revert to the general fund.
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0012| B. Expenditures from the data processing equipment
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0013| revolving fund shall be made for the purpose of acquiring and
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0014| replacing data processing equipment. Such expenditures shall be
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0015| made only upon vouchers approved by the director of the
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0016| information systems division of the general services department
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0017| and shall be disbursed pursuant to a [five] three-year plan
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0018| prepared by the division and [approved by the commission and
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presented] submitted annually to the department of finance
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0020| and administration and the [legislature] legislative finance
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0021| committee.
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0022| C. When changes in the [five] three-year plan
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0023| are necessary, justification for such changes shall be
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0024| [presented to the commission for approval, with copies]
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0025| submitted to the department of finance and administration and
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0001| the legislative finance committee."
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0002| Section 14. Section 15-1-11 NMSA 1978 (being Laws 1986,
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0003| Chapter 81, Section 11, as amended) is recompiled as Section
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0004| 15-10-13 NMSA 1978 and is amended to read:
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0005| "15-10-13. COMMUNICATIONS EQUIPMENT REVOLVING FUND
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0006| CREATED--DISBURSEMENT.--
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0007| A. There is created in the state treasury the
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0008| "communications equipment revolving fund". [The] All income
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0009| from investment of the fund shall be credited to the fund.
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0010| Balances remaining in the fund at the end of any fiscal year
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0011| shall not revert to the general fund.
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0012| B. Expenditures from the communications equipment
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0013| revolving fund shall be made for the purpose of acquiring and
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0014| replacing communications equipment. Such expenditures shall be
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0015| made only upon vouchers approved by the director of the
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0016| information systems division of the general services department
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0017| and shall be disbursed pursuant to a [five] three-year plan
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0018| prepared by the division and [approved by the commission and
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presented] submitted annually to the department of finance
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0020| and administration and the [legislature] legislative finance
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0021| committee.
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0022| C. When changes in the [five] three-year plan
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0023| are necessary, justification for such changes shall be
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0024| [presented to the commission for approval, with copies]
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0025| submitted to the department of finance and administration and
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0001| the legislative finance committee."
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0002| Section 15. A new Section 15-10-14 NMSA 1978 is enacted to
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0003| read:
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0004| "15-10-14. [NEW MATERIAL] INFORMATION SYSTEMS REVENUE
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0005| BOND FUND--CREATED--DISBURSEMENT.--
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0006| A. There is created in the state treasury the
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0007| "information systems revenue bond fund". All income from
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0008| investment of the fund shall be credited to the fund. Balances
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0009| remaining in the fund at the end of any fiscal year shall not
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0010| revert to the general fund but shall be transferred as provided
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0011| in Subsection B of this section.
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0012| B. The fund shall be used to pay revenue bond issues
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0013| authorized pursuant to Section 15-10-17 NMSA 1978. The fund
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0014| shall account for debt, deposits, disbursements and balances
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0015| relating to data processing separately from debt, deposits,
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0016| disbursements and balances relating to communications. Money
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0017| deposited from each source shall be used for payment of all
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0018| principal and interest due on outstanding revenue bonds relating
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0019| to that source during each fiscal year. The balances remaining
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0020| from each source at the end of any fiscal year shall be
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0021| deposited into the data processing equipment revolving fund and
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0022| the communications equipment revolving fund, respectively.
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0023| C. Distributions from the fund shall be made monthly
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0024| for the purpose of paying principal, interest, premium, expenses
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0025| and obligations related to revenue bond issues authorized
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0001| pursuant to Section 15-10-17 NMSA 1978."
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0002| Section 16. Section 15-5-4 NMSA 1978 (being Laws 1963,
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0003| Chapter 181, Section 4, as amended) is recompiled as Section
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0004| 15-10-15 NMSA 1978 and is amended to read:
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0005| "15-10-15. [DEPOSIT] COLLECTION OF MONEY.--The
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0006| [telecommunications bureau of the communications] information
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0007| systems division of the general services department shall order
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0008| the deposit or transfer monthly to [a fund known as the
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"central telephone services fund"] the information systems
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0010| division operating fund the amount of money owed by [each
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department, institution and agency utilizing the central
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telephone system. State institutions and agencies] the state
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0013| and each agency, institution, instrumentality, officer, board or
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0014| commission of the state, including the legislative and judicial
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0015| branches, and each county or municipality using the division's
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0016| services. Users of the division's services shall adopt such
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0017| accounting procedures as are prescribed by the department of
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0018| finance and administration for the handling of payments [with
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reference to the central telephone system] to the division.
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0020| Accounting procedures shall identify sources of revenue used to
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0021| pay for the division's services."
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0022| Section 17. Section 15-1-12 NMSA 1978 (being Laws 1986,
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0023| Chapter 81, Section 12, as amended) is recompiled as Section
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0024| 15-10-16 NMSA 1978 and is amended to read:
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0025| "15-10-16. DEPRECIATION AND REPLACEMENT FEES--ASSESSMENT--COLLECTION--CREDITING TO FUNDS.--
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0001| A. [Each officer, agency, department, division,
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board or commission of the state] The state and any agency,
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0003| institution, instrumentality, officer, board or commission of
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0004| the state, including the legislative and judicial branches and
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0005| any county or municipality, that uses [state] information
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0006| systems division data processing equipment or [state]
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0007| communications equipment shall pay monthly depreciation and
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0008| replacement fees, assessed through the information systems
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0009| division rate structure, to the information systems division of
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0010| the general services department for such equipment. Such fees
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0011| shall be deposited in the information systems division operating
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0012| fund.
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0013| B. Depreciation and replacement fees shall be set by
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0014| the director of the information systems division and shall be
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0015| based upon the costs of acquisition, depreciation and
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0016| replacement of the equipment and the related services supplied
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0017| to such officers and agencies by the information systems
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0018| division.
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0019| C. [Except as provided in Subsection D of this
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section] Money in the information systems division operating
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0021| fund that is attributable to depreciation and replacement fees
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0022| and that is derived from general fund appropriations or general
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0023| ad valorem tax revenues shall be deposited [quarterly]
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0024| monthly into the data processing equipment revolving fund and
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0025| the communications equipment revolving fund, respectively.
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0001| Money in the funds shall be disbursed pursuant to Sections [15-1-10 and 15-1-11] 15-10-12 and 15-10-13 NMSA 1978.
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0002| D. [For the period beginning July 1, 1988 and ending
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June 30, 1990, depreciation and replacement fees attributable to
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data processing equipment may be retained in the information
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systems division operating fund and may be appropriated by the
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legislature for operation of the information systems division.
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Any unencumbered balance in excess of seven hundred thousand
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dollars ($700,000) in the information systems division operating
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fund as of June 30, 1990 shall be transferred to the data
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processing equipment revolving fund.] Money in the information
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0011| systems division operating fund attributable to depreciation and
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0012| replacement fees and that is derived from money received from
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0013| sources other than general fund appropriations or general ad
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0014| valorem property tax revenues shall be deposited monthly into
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0015| the information systems revenue bond fund. So long as revenue
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0016| bonds issued by the New Mexico finance authority pursuant to the
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0017| Information and Communications Systems Act are outstanding, the
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0018| amount deposited monthly into the information systems revenue
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0019| bond fund shall equal not less than two hundred percent of the
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0020| monthly obligations related to such bonds as described in
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0021| Subsection D of Section 15-10-17 NMSA 1978. If there is no
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0022| outstanding debt for data processing or communications
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0023| equipment, depreciation and replacement fees shall be deposited
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0024| directly into the respective equipment revolving fund. Money in
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0025| the information systems revenue bond fund shall be disbursed
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0001| pursuant to Section 15-10-14 NMSA 1978."
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0002| Section 18. A new Section 15-10-17 NMSA 1978 is enacted to
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0003| read:
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0004| "15-10-17. [NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY
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0005| REVENUE BONDS--PURPOSE--APPROPRIATION.--
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0006| A. The New Mexico finance authority may issue and
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0007| sell revenue bonds in compliance with the New Mexico Finance
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0008| Authority Act for the purposes of refinancing, designing,
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0009| developing, acquiring, improving, purchasing and implementing
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0010| data processing equipment and communications equipment, or any
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0011| combination of these, for the information systems division of
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0012| the general services department and paying expenses connected
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0013| with the sale and issuance of the bonds.
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0014| B. The New Mexico finance authority may issue and
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0015| sell revenue bonds authorized by this section when the secretary
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0016| of general services certifies the need for issuance of the
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0017| bonds. The proceeds from the sale of the bonds are appropriated
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0018| to the information systems division for the purposes enumerated
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0019| in Subsection A of this section.
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0020| C. Money deposited in the information systems
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0021| revenue bond fund pursuant to Section 15-10-14 NMSA 1978 is
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0022| appropriated to the New Mexico finance authority to be pledged
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0023| irrevocably for the payment of the principal, interest, premium,
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0024| expenses and obligations related to the bonds authorized by
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0025| Subsection A of this section.
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0001| D. Money from the information systems revenue bond
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0002| fund distributed monthly to the New Mexico finance authority
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0003| shall be deposited in a segregated bond fund or account of the
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0004| authority. At the end of each month, any money remaining in the
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0005| special bond fund or account from distributions made to the
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0006| authority during such month, after all debt service
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0007| accumulations, expenses or obligations required by the
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0008| resolution authorizing issuance of the bonds to be made during
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0009| such month and any deficiencies from prior months are fully
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0010| satisfied or paid, shall be transferred by the authority to the
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0011| information systems division operating fund. Upon payment of
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0012| all principal, interest, premium, expenses or obligations
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0013| related to the bonds, the New Mexico finance authority shall
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0014| certify to the general services department that all obligations
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0015| for the bonds issued pursuant to this section have been fully
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0016| discharged and direct the department to cease distributing money
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0017| to the authority pursuant to Section 15-10-14 NMSA 1978.
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0018| E. The legislature shall not repeal, amend or
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0019| otherwise modify any law that affects or impairs the collection
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0020| of depreciation and replacement fees by the general services
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0021| department, the distribution of money to the New Mexico finance
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0022| authority or any revenue bonds of the New Mexico finance
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0023| authority secured by a pledge of money collected by the general
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0024| services department and distributed to the authority pursuant to
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0025| Section 15-10-14 NMSA 1978."
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0001| Section 19. REPEAL.--
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0002| A. Sections 15-1-3 through 15-1-7.2 and 15-1-13 NMSA
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0003| 1978 (being Laws 1986, Chapter 81, Section 3, Laws 1993, Chapter
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0004| 197, Sections 3 through 6 and 8, Laws 1994, Chapter 66, Section
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0005| 1 and Laws 1993, Chapter 197, Section 9, as amended) are
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0006| repealed.
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0007| B. Sections 15-2-1, 15-2-3 and 15-2-8 NMSA 1978
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0008| (being Laws 1977, Chapter 247, Section 23, Laws 1970, Chapter
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0009| 71, Section 1 and Laws 1975, Chapter 214, Section 4, as amended)
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0010| are repealed.
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0011| C. Sections 15-5-1 through 15-5-3 and 15-5-5 NMSA
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0012| 1978 (being Laws 1963, Chapter 181, Sections 1 through 3 and 5,
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0013| as amended) are repealed.
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0014| Section 20. SEVERABILITY.--If any part or application of
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0015| Sections 1 through 19 of this act is held invalid, the remainder
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0016| or its application to other situations or persons shall not be
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0017| affected.
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0018| Section 21. EMERGENCY.--It is necessary for the public
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0019| peace, health and safety that this act take effect immediately.
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0020|
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