0001| HOUSE BILL 49
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| LUCIANO "LUCKY" VARELA
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE FINANCE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO INFORMATION SYSTEMS; AMENDING THE INFORMATION AND
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0012| COMMUNICATION MANAGEMENT ACT TO PROVIDE ADDITIONAL DUTIES FOR
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0013| THE CHIEF INFORMATION OFFICER AND THE TECHNICAL ADVISORY
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0014| COMMITTEE; CHANGING THE AGENCY'S SUNSET DATE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 15-1B-1 NMSA 1978 (being Laws 1996,
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0018| Chapter 44, Section 1) is amended to read:
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0019| "15-1B-1. SHORT TITLE.--[This act] Chapter 15,
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0020| Article 1B NMSA 1978 may be cited as the "Information and
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0021| Communication Management Act"."
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0022| Section 2. Section 15-1B-5 NMSA 1978 (being Laws 1996,
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0023| Chapter 44, Section 5) is amended to read:
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0024| "15-1B-5. CHIEF INFORMATION OFFICER--DUTIES.--The chief
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0025| information officer shall:
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0001| A. provide leadership in and coordination of the
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0002| continued development of the existing information architecture
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0003| with the technical advisory committee, executive agencies and
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0004| other public entities as necessary;
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0005| B. monitor national and international standards
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0006| relating to information resources technologies, develop and
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0007| publish policies, procedures and standards relating to
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0008| information resources management by [state] executive
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0009| agencies and ensure compliance with those policies, procedures
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0010| and standards;
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0011| C. ensure that prudent risk management practices
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0012| preserve the integrity and security of information and
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0013| communications systems and ensure timely resumption of
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0014| operations following a disaster;
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0015| D. facilitate, cooperate with and provide guidance
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0016| to executive agencies in the preparation of annual information
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0017| and communications systems management plans, which shall
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0018| include information about planned information technology
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0019| objectives and expenditures for the next fiscal year in the
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0020| level of detail and format specified by the chief information
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0021| officer;
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0022| E. work with the technical advisory committee and
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0023| executive agencies to develop agency plans that:
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0024| (1) demonstrate that the executive agency
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0025| has developed relevant, achievable, measurable objectives
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0001| consistent with the executive agency's mission and existing
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0002| statewide information and communications policies and goals,
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0003| including the information architecture, or that departures
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0004| from [such] the policies and goals are justified;
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0005| (2) show effective and efficient use of
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0006| available resources, including staff, funds and existing
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0007| capital and time;
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0008| (3) specifically identify communities of
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0009| interest, within and outside the executive agency, with whom
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0010| information and data should be shared to prevent duplication
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0011| of effort; and
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0012| (4) provide for security of data and disaster
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0013| recovery in a manner consistent with the executive agency's
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0014| needs and statewide policies;
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0015| F. make recommendations to the department of
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0016| finance and administration and the legislative finance
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0017| committee for approval or disapproval of the collective
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0018| executive agency recommendations and requests for expenditures
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0019| for information [or] and communications [management]
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0020| systems if requested [information] appropriations in any
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0021| fiscal year exceed five hundred thousand dollars ($500,000).
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0022| The amount requested is to be determined by calculation of
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0023| amounts to be expended for equipment, software, maintenance
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0024| costs, agreements for services and other related costs of such
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0025| systems;
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0001| G. monitor [periodically] the performance of
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0002| executive agencies in achieving the goals of their individual
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0003| information and communications systems plans and in
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0004| achieving compliance with the information architecture. A
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0005| written report shall be sent to the head of the executive
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0006| agency, the department of finance and administration and the
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0007| legislative finance committee. The report shall:
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0008| (1) specify compliance with information
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0009| architecture;
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0010| (2) specify compliance with approved plans;
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0011| (3) specify solutions for improved
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0012| compliance; [and]
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0013| (4) [be provided, along with] include
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0014| executive agency comments and recommendations [to the
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legislative finance committee]; and
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0016| (5) include the status of implementation of
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0017| technical advisory committee recommendations;
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0018| H. develop a schedule for ongoing monitoring of
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0019| major system development projects and provide a copy to the
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0020| department of finance and administration and the legislative
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0021| finance committee. A written project report shall be sent
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0022| to the head of the executive agency as specified in the
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0023| schedule and to the department of finance and administration
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0024| and the legislative finance committee. The report shall:
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0025| (1) specify compliance with information
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0001| architecture;
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0002| (2) specify compliance with [audit
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guidelines;
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(3) provide recommendations for improved
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compliance; and
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(4) be provided, along with agency
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recommendations, to the legislative finance committee] the
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0008| approved plan, including milestone achievement, cost
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0009| containment, benefit realization and schedule adherence;
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0010| (3) identify major technical, programmatic
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0011| and management problems;
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0012| (4) include management recommendations for
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0013| improved compliance and problem resolution;
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0014| (5) include agency comments and
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0015| recommendations; and
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0016| (6) specify the status of implementation of
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0017| technical advisory committee recommendations;
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0018| I. review all budget requests for appropriations
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0019| for information and communications systems for all executive
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0020| agencies for each fiscal year. The chief information officer
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0021| shall designate the priority of each requested expenditure by
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0022| assigning priorities based on the state strategic plan for
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0023| information and communications systems management. The
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0024| priority listing and recommended funding level shall be
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0025| provided to the department of finance and administration and
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0001| the legislative finance committee on or before November 15
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0002| preceding the next regular session of the legislature. Each
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0003| executive agency shall also receive a copy of the priority
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0004| listing. The budget request for appropriations shall be
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0005| prepared in cooperation with each executive agency;
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0006| J. make written recommendations to the department
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0007| of finance and administration and the legislative finance
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0008| committee for approval or disapproval of all information and
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0009| communication systems-related budget adjustment requests and
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0010| make recommendations to the department of finance and
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0011| administration for purchases of tangible personal property of
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0012| information and communications systems exceeding five thousand
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0013| dollars ($5,000) and purchases of information and
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0014| communications systems services exceeding twenty thousand
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0015| dollars ($20,000);
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0016| [J.] K. appoint members of the technical
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0017| advisory committee, call meetings of the committee and preside
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0018| over the meetings, as provided in Section [7 of the
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Information and Communication Management Act; and] 15-1B-7
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0020| NMSA 1978;
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0021| [K.] L. develop the state strategic plan for
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0022| information and communications systems management on a
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0023| continual basis. The plan shall be submitted annually to the
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0024| department of finance and administration and the legislative
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0025| finance committee. Amendments to the plan shall be made in
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0001| cooperation with executive agencies and the technical advisory
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0002| committee. The plan shall take into account the existing
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0003| executive agency plans and the information architecture and
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0004| assess the resources available, costs and benefits of
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0005| provisions in the plan, including assessment of alternative
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0006| courses of action, the risks involved, a summary of the
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0007| state's current and projected use of information technology, a
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0008| description of major changes in state policy and a brief
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0009| description of each executive agency plan; and
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0010| M. ensure that persons conducting independent
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0011| validation and verification and independent quality assurance
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0012| for information and communications systems development
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0013| projects report directly to the office on information and
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0014| communication management and provide the department of finance
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0015| and administration and legislative finance committee with
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0016| written project reports."
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0017| Section 3. Section 15-1B-7 NMSA 1978 (being Laws 1996,
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0018| Chapter 44, Section 7) is amended to read:
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0019| "15-1B-7. TECHNICAL ADVISORY COMMITTEE--CREATION--
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0020| PURPOSE.--
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0021| A. The "technical advisory committee" is created.
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0022| The committee shall consist of senior technical representatives
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0023| from the judiciary, the legislature, executive agencies, local
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0024| political subdivisions, public school systems, higher
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0025| education, the business community, the national laboratories
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0001| and the general public and shall be appointed by the chief
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0002| information officer. Meetings shall be held [on] at the
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0003| call of the chief information officer, but at least
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0004| quarterly.
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0005| B. The technical advisory committee shall
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0006| [represent users of the information and communications systems
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affected by the information architecture and shall] provide
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0008| advice to the chief information officer [as to their needs]
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0009| on:
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0010| (1) state strategic planning and information
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0011| architecture;
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0012| (2) information and communications systems
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0013| plans of executive agencies; and
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0014| (3) information and communications system
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0015| projects of executive agencies."
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0016| Section 4. Section 15-1B-9 NMSA 1978 (being Laws 1996,
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0017| Chapter 44, Section 11) is amended to read:
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0018| "15-1B-9. SUNSET--TERMINATION OF OFFICE ON [TECHNOLOGY]
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0019| INFORMATION AND COMMUNICATION MANAGEMENT.--The office on
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0020| information and communication management is terminated on July
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0021| 1, [1998] 2002 pursuant to the Sunset Act. Effective July
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0022| 1, [1998] 2002, the Information and Communication
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0023| Management Act is repealed."
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0024| Section 5. EFFECTIVE DATE.--The effective date of the
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0025| provisions of this act is July 1, 1998.
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