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SENATE BILL 217
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla and Debra M. Sariñana
AN ACT
RELATING TO INFORMATION TECHNOLOGY; CLARIFYING THE DEPARTMENT
OF INFORMATION TECHNOLOGY'S ROLE IN APPROVING INFORMATION
TECHNOLOGY PROCUREMENT AND PROJECTS BY STATE AGENCIES; AMENDING
SECTION 9-27-6 NMSA 1978 (BEING LAWS 2007, CHAPTER 290, SECTION
6, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-27-6 NMSA 1978 (being Laws 2007,
Chapter 290, Section 6, as amended) is amended to read:
"9-27-6. SECRETARY--DUTIES AND GENERAL POWERS.--
A. The secretary is responsible to the governor for
the operation of the department. It is the secretary's duty to
manage all operations of the department and to administer and
enforce the laws with which the secretary or the department is
charged.
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B. To perform the secretary's duties, the secretary
has every power expressly enumerated in the laws, whether
granted to the secretary or the department or any division of
the department, except where authority conferred upon any
division is explicitly exempted from the secretary's authority
by statute. In accordance with these provisions, the secretary
shall:
(1) exercise general supervisory and
appointing authority over all department employees, subject to
any applicable personnel laws and regulations;
(2) delegate authority to subordinates as the
secretary deems necessary and appropriate, clearly delineating
such delegated authority and the limitations thereto;
(3) organize the department into those
organizational units the secretary deems will enable it to
function most efficiently, subject to provisions of law
requiring or establishing specific organizational units;
(4) within the limitations of available
appropriations and applicable laws, employ and fix the
compensation of those persons necessary to discharge the
secretary's duties;
(5) take administrative action by issuing
orders and instructions, not inconsistent with the law, to
ensure implementation of and compliance with the provisions of
law for whose administration or execution the secretary is
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responsible and to enforce those orders and instructions by
appropriate administrative action in the courts;
(6) conduct research and studies that will
improve the operations of the department and the provision of
services to state agencies and the residents of the state;
(7) provide courses of instruction and
practical training for employees of the department and other
persons involved in the administration of programs with the
objective of improving the operations and efficiency of
administration;
(8) prepare an annual budget of the
department;
(9) provide cooperation, at the request of
heads of administratively attached agencies, in order to:
(a) minimize or eliminate duplication of
services and jurisdictional conflicts;
(b) coordinate activities and resolve
problems of mutual concern; and
(c) resolve by agreement the manner and
extent to which the department shall provide budgeting,
recordkeeping and related clerical assistance to
administratively attached agencies;
(10) appoint for each division a "director".
These appointed positions are exempt from the provisions of the
Personnel Act. Persons appointed to these positions shall
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serve at the pleasure of the secretary; and
(11) acquire, hold and maintain, through
lease, trade or purchase, any real or personal property
necessary to meet customer requirements or department
obligations, including obligations of administratively attached
offices or bodies.
C. As the chief information officer, the secretary
shall:
(1) review 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 agency information technology
requests for proposals and other agency requests that are
subject to the Procurement Code, prior to final approval;
(3)] (2) promulgate rules for oversight of
agency information technology [procurement ] projects;
[(4)] (3) approve 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 ] projects prior to procurement ;
[(5)] (4) develop and implement procedures to
standardize data elements, determine data ownership and ensure
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data sharing among executive agencies;
[(6)] (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 ] information
technology projects;
[(7)] (6) monitor 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)] (7) 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)] (8) provide technical support to
executive agencies in the development of their agency plans;
[(10)] (9) 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)] (10) review appropriation requests
related to agency information technology requests to ensure
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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 and the appropriate interim
legislative committee; provided, however, that the
recommendations to the legislative committees have been agreed
to by the department of information technology and the
department of finance and administration;
[(12)] (11) promulgate rules to ensure that
information technology projects satisfy criteria established by
the secretary and are phased in with funding released in phases
contingent upon successful completion of the prior phase;
[(13)] (12) provide oversight of information
technology projects, including ensuring adequate risk
management, disaster recovery and business continuity practices
and monitoring compliance with strategies for information
technology projects that affect multiple agencies;
[(14)] (13) conduct reviews of information
technology projects and provide written reports to the
appropriate legislative oversight bodies;
[(15)] (14) conduct background checks on
department employees and prospective department employees that
have or will have administrative access or authority to
sensitive, confidential or private information or the ability
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to alter systems, networks or other information technology
hardware or software; and
[(16)] (15) perform any other information
technology function assigned by the governor.
D. As the chief information officer, the secretary
may:
(1) upon the advice and recommendation of the
director of the office of broadband access and expansion
pursuant to the provisions of the Broadband Access and
Expansion Act, make available by lease or sale at the
department's established rates on a competitively neutral basis
such state-owned broadband network infrastructure or internet
service that would connect underserved and unserved populations
of New Mexico and otherwise support objectives of the state
broadband plan;
(2) offer cybersecurity risk prevention and
information technology mitigation and response solutions,
including application and equipment selection, intrusion
response, system monitoring or system testing for all users of
agency-operated or -owned information technology, to include
compliance standards for broadband infrastructure projects
within the oversight or administration of the department; and
(3) establish an administrative hearing and
enforcement process internal to the department or in
coordination with the administrative hearings office to support
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the department's private sector regulatory activities or any
administratively attached office or body.
E. Each agency shall submit an agency information
technology plan to the secretary in the form and detail
required by the secretary. Each 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.
F. An agency that receives an invoice from the
department for services rendered to the agency shall have
thirty days from receipt of the invoice to pay the department
or to notify the department if the amount of the invoice is in
dispute. The agency shall have fifteen days from its
notification of dispute to the department to present its
reasons in writing and request an adjustment. The department
shall have fifteen days from its receipt of the reasons for
dispute to notify the agency of its decision. If the
department 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
department. If the agency has not paid the department or
notified the department of a dispute within thirty days of
receipt of the invoice, the department shall notify the
department of finance and administration and request that the
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department of finance and administration transfer funds from
the agency to the department of information technology to
satisfy the agency's obligation.
G. The secretary, as chief information officer,
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 comply with the provisions of the
Department of Information Technology Act and 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;
(3) protection of the privacy and security of
individual information as well as of individuals using the
state's information technology systems;
(4) development of a statewide broadband
network plan in conjunction with the public education
department, the higher education department, state
universities, other educational institutions, the public school
capital outlay council, political subdivisions of the state,
Indian nations, tribes and pueblos, the public regulation
commission and telecommunication network service providers; and
(5) coordination and aggregation of services
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where feasible for entities as provided for in Section 9-27-20
NMSA 1978 and other publicly funded entities.
H. The secretary may apply for and receive, with
the governor's approval, in the name of the department, any
public or private funds, including United States government
funds, available to the department to carry out its programs,
duties or services or those of an administratively attached
office or public body.
I. Where information technology functions of
executive agencies overlap or a function assigned to one agency
could better be performed by another agency, the secretary may
recommend appropriate legislation to the next session of the
legislature for its approval.
J. Pursuant to the State Rules Act and rules
promulgated pursuant to that act, the secretary may make and
adopt such reasonable procedural rules as may be necessary to
carry out the duties, or relating to any matter within the
oversight, of the department and its administratively attached
offices or public bodies, divisions and 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 not in conflict with the Procurement Code that
exceeds an amount set by rule;
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(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.
K. Unless otherwise provided by statute, no rule
affecting any person or agency outside the department shall be
adopted, amended or repealed without a public hearing on the
proposed action before the secretary or a hearing officer
designated by the secretary. The public hearing shall be held
in Santa Fe unless otherwise permitted by statute. Notice of
the subject matter of the rule, the action proposed to be
taken, the time and place of the hearing, the manner in which
interested persons may present their views and the method by
which copies of the proposed rule, proposed amendment or repeal
of an existing rule may be obtained shall be published once at
least thirty days prior to the hearing date in a newspaper of
general circulation and mailed at least thirty days prior to
the hearing date to all persons who have made a written request
for an advance notice of hearing. Rules shall be filed in
accordance with the State Rules Act."
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