45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO INFORMATION TECHNOLOGY; CLARIFYING PROVISIONS OF THE INFORMATION TECHNOLOGY MANAGEMENT ACT; EXTENDING THE TERMINATION DATE FOR THE INFORMATION TECHNOLOGY COMMISSION AND THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AMENDING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. Section 15-1C-1 NMSA 1978 (being Laws 1999, Chapter 16, Section 1) is amended to read:

"15-1C-1. SHORT TITLE.--[Sections 1 through 9 of this act] Chapter 15, Article 1C NMSA 1978 may be cited as the "Information Technology Management Act"."

Section 2. Section 15-1C-2 NMSA 1978 (being Laws 1999, Chapter 16, Section 2) is amended to read:

"15-1C-2. PURPOSE.--The purpose of the Information Technology Management Act is to:

A. develop policies and procedures for state e-government;

[A.] B. assess and inventory current information systems' services and resources;

[B.] C. coordinate the central and individual executive agency information systems in a manner that ensures that the most cost-effective and efficient information and communication systems and resources are being used by executive agencies;

[C.] D. develop a five-year state strategic plan for information and communication management that is updated annually by the [information technology] commission; and

[D.] E. promote data sharing between governmental entities and provide a mechanism for information technology expertise to be shared between the branches of state government and local governments."

Section 3. Section 15-1C-3 NMSA 1978 (being Laws 1999, Chapter 16, Section 3) is amended to read:

"15-1C-3. DEFINITIONS.--As used in the Information Technology Management Act:

A. "agency plan" means an executive agency's annual information technology plan;

B. "commission" means the information technology commission;

C. "development project" means the period from when funding is made available for information technology development until after system implementation;

D. "e-government" means the provision of constituent access to government information and services by using the internet and a state portal that complies with the state information architecture;

[D.] E. "executive agency" means a state agency of the executive branch of government;

[E.] F. "information technology" means computer and voice and data communication software and hardware, including imaging systems, terminals and communications networks and facilities, staff information systems services and professional services contracts for information systems services;

[F.] G. "office" means the information technology management office;

[G.] H. "state information architecture" includes the standards, guidelines, policies and protocols to implement information technology; and

[H.] I. "state strategic plan" means the executive information technology planning document that spans a three- to five-year period."

Section 4. Section 15-1C-7 NMSA 1978 (being Laws 1999, Chapter 16, Section 7) is amended to read:

"15-1C-7. OFFICE--POWERS AND DUTIES.--

A. The office may:

(1) obtain information, documents and records that are not confidential by law from an executive agency as needed to carry out the provisions of the Information Technology Management Act;

(2) enter into contracts;

(3) perform performance or other audits or reviews of executive agency development projects or management processes; and

(4) when requested, offer assistance or expertise to the judiciary, legislature, institutions of higher education, counties, municipalities, public school districts and other political subdivisions of the state.

B. The office shall:

(1) provide oversight of state e-government implementation, including implementation of the state portal;

[(1)] (2) review agency plans and make recommendations to the commission regarding prudent allocation of information technology resources; reduction of data, hardware and software redundancy; improving system interoperability and data accessibility among agencies;

[(2)] (3) approve executive agency requests for proposals and information technology professional service contracts for technical sufficiency as they pertain to information technology;

[(3)] (4) monitor executive agency compliance with its agency plan, the state strategic plan and state information architecture and report to the commission and executive agency management on noncompliance;

[(4)] (5) review information technology cost recovery mechanisms and information systems rate structures of executive agencies and make recommendations to the commission;

[(5)] (6) provide technical support to executive agencies in the development of their agency plans;

[(6)] (7) review appropriation requests related to executive agency information technology requests to ensure compliance with agency plans and the state strategic plan and make written recommendations to the department of finance and administration, the legislative finance committee and the information technology oversight committee by November 30 of each year;

[(7)] (8) provide oversight of development projects, including ensuring adequate risk management and disaster recovery practices and [monitor] monitoring compliance with strategies developed by the commission for timely resolution of development project problems; and

[(8)] (9) perform any other function assigned by the commission."

Section 5. Section 15-1C-9 NMSA 1978 (being Laws 1999, Chapter 16, Section 9) is amended to read:

"15-1C-9. TERMINATION OF AGENCY LIFE--DELAYED

REPEAL.--The information technology commission and information technology management office are terminated July 1, [2005] 2008 pursuant to the Sunset Act. The commission and office shall continue to operate according to the provisions of the Information Technology Management Act until July 1, [2006] 2009. Effective July 1, [2006] 2009, that act is repealed."

Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.