March 11, 2003

HOUSE FLOOR AMENDMENT number ___1__ to HOUSE BILL 442

Amendment sponsored by Representative Thomas C. Taylor

1. On pages 16 through 19, strike Sections 10 and 11 in their entirety and insert in lieu thereof the following sections to read:

"Section 10. Section 15-1C-5 NMSA 1978 (being Laws 1999, Chapter 16, Section 5) is amended to read:

"15-1C-5. COMMISSION--POWERS AND DUTIES.--The commission shall:

A. adopt and promulgate rules that [specify] delineate the state information architecture [to implement] as a framework for the state information technology strategic plan;

B. adopt and promulgate other rules necessary for the administration of the Information Technology Management Act and the conduct of the affairs of the office;

C. develop and annually review strategies for identifying [and managing development] information technology projects that [involve multiple agencies to ensure appropriate and timely resolution of system development problems] impact multiple agencies and ensure that those information technology projects are appropriately designed and developed;

D. provide information technology planning guidelines for agency annual plans;

E. update state information architecture and the state information technology strategic plan annually, including identifying areas of noncompliance with the state information technology strategic plan; [and]

F. submit proposed rules to [the information technology oversight committee] an interim committee designated by the New Mexico legislative council for its review prior to adoption;

G. review and comment on information technology appropriation requests presented to it by the chief information officer and report to the legislative finance committee and the information technology oversight committee regarding those requests;

H. establish policies, procedures and rules to ensure that information technology projects satisfy criteria established by the commission and are phased in, that funding is released in phases and that an executive agency's authority to proceed to the next phase of an information technology project is contingent upon successful completion of the prior phase. The policies, procedures and rules shall require the identification of one or more specific deliverables for each phase; and

I. adopt and promulgate rules to provide for mediation of disputes between an executive agency and the chief information officer pursuant to Paragraph (2) or (4) of Subsection B of Section 15-1C-7 NMSA 1978."

Section 11. 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] information technology projects or information technology 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) review agency plans and make recommendations to the commission regarding prudent allocation of information technology resources; reduction of data, hardware and software redundancy; and improving system interoperability and data accessibility [among] between agencies;

(2) approve executive agency information technology requests for proposals and contract vendor requests that are subject to the Procurement Code, prior to final approval;

(3) recommend procedures and rules to the commission for improved oversight of information technology procurement;

(4) approve executive agency information technology [professional service] contracts [for technical sufficiency as they pertain to information technology] and amendments to those contracts, including emergency procurements, sole source contracts and price agreements, prior to final execution;

(5) 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;

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

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

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

[(6)] (9) 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, [and] the [information technology oversight committee] New Mexico legislative council or an interim committee designated by the council and the commission by November 30 of each year;

[(7)] (10) provide oversight of [development] information technology 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 technology project problems] information technology projects that impact multiple agencies; and

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

_______________________________

Thomas C. Taylor

Adopted ___________________ Not Adopted ________________________

 (Chief Clerk) (Chief Clerk)

Date _________________