reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-5 - Secretary; appointment.

A. The administrative head of the department is the "secretary of higher education", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet. The secretary shall possess a terminal degree from a regionally accredited post-secondary educational institution, a minimum of five years of senior administrative experience, experience in higher education and experience in the development of public policy at the state or federal level.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the secretary's appointment.
History:
Laws 2005, ch. 289, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-6 - Division directors.

The secretary shall appoint directors of the divisions established within the department. Division directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2005, ch. 289, § .6
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-7 - Bureau chiefs.

The secretary may establish within each division of the department such bureaus as the secretary deems necessary to carry out the provisions of the Higher Education Department Act. The secretary shall employ a chief to be the administrative head of each bureau. The chiefs and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2005, ch. 289, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-9 - Additional duties.

Consistent with constitutional provisions relating to the control and management of the educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, the department shall:
A. cooperate with colleges and universities to create a statewide public agenda to meet higher education needs and goals;
B. periodically study and report to the governor and the legislative finance committee on enrollment capacity needs over a ten-year period, based on state demographic models, academic program demands, institutional competencies and infrastructure, state workforce needs, economic development goals and other factors; and
C. by November 1 of each year, present to the legislature a comprehensive funding request and a legislative priorities list for all higher education. The funding request and priorities shall encompass the needs of all public post-secondary educational institutions and programs.
History:
Laws 2005, ch. 289, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-10 - Higher education advisory board; membership; terms; administrative attachment.

A. The "higher education advisory board" is created to advise the department and the governor on policy matters and perform other functions as provided by law. The board is administratively attached to the department, with administrative staff provided by the department.
B. The secretary shall appoint fourteen members giving due regard to geographic representation, cultural diversity and the composition of higher education institutions in New Mexico. Four members shall represent the four-year public post-secondary educational institutions, one of whom shall represent the university of New Mexico, one of whom shall represent New Mexico state university, one of whom shall represent New Mexico institute of mining and technology and one of whom shall represent either New Mexico highlands university, eastern New Mexico university or western New Mexico university; three members shall represent the two-year public post-secondary educational institutions; one member shall represent the accredited private post-secondary educational institutions; one member shall represent business; one member shall represent college and university faculty; one member shall represent college and university nonfaculty staff; one member shall be a college or university student; one representative of the tribal colleges in New Mexico; and one representative of the Indian nations, tribes and pueblos in New Mexico. The members representing the categories of post-secondary educational institutions shall be the chief executive officers of the institutions of those categories or the chief executive officers' designees. The members representing faculty and nonfaculty staff and the student member shall be the leaders of faculty, staff and student organizations at their respective institutions.
C. Four members of the initial board, including the student member, shall be appointed for two years, five members shall be appointed for three years and five members shall be appointed for four years; thereafter, the student member shall serve a two-year term and the other members shall serve four-year terms. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other perquisite, compensation or allowance.
D. The board shall annually elect a chair, vice chair and secretary from among its membership. A majority of the members constitutes a quorum for the conduct of business.
E. The board shall meet at the call of the chair at least quarterly. Meetings of the board shall be held in Santa Fe and at other sites within the state at the direction of the board.
History:
Laws 2005, ch. 289, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-11 - Organizational units of the department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 8 [9-25-8 NMSA 1978] of the Higher Education Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law; provided, however, that when the department requires confidential institutional data, including student records and other information necessary to fulfill the functions of the department, the secretary and the institution shall cooperate to provide the department with information adequate to meet its needs while meeting all legal requirements to ensure the confidentiality of such information and records.
History:
Laws 2005, ch. 289, § 11.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-12 - Cooperation with the federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of higher education programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement higher education programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.
B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any higher education program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any federally funded higher education program not targeted for specific post-secondary educational institutions. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
Laws 2005, ch. 289, § 12.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-13 - Advisory committees.

A. In addition to the higher education advisory board, the department may create other advisory committees. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978].
B. All members of advisory committees are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 2005, ch. 289, § 13.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-1 - Short title.

Chapter 9, Article 26 NMSA 1978 may be cited as the "Workforce Solutions Department Act".
History:
Laws 2007, ch. 200, § 1; 2022, ch. 13, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, deleted "Sections 1 through 14 of this act" and added "Chapter 9, Article 26 NMSA 1978".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-2 - Purpose.

The purpose of the Workforce Solutions Department Act is to establish a single, unified department to administer all laws and exercise all functions formerly administered and exercised by the labor department and the office of workforce development.
History:
Laws 2007, ch. 200, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-3 - Definitions.

As used in the Workforce Solutions Department Act:
A. "department" means the workforce solutions department; and
B. "secretary" means the secretary of workforce solutions.
History:
Laws 2007, ch. 200, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-4 - Workforce solutions department created.

The "workforce solutions department" is created in the executive branch pursuant to the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. The department is a cabinet department that includes:
A. the office of the secretary;
B. the administrative services division;
C. the business services division;
D. the labor relations division;
E. the workforce technology division; and
F. the workforce transition services division.
History:
Laws 2007, ch. 200, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-5 - Secretary of workforce solutions; appointment.

A. The chief executive and administrative officer of the department is the "secretary of workforce solutions". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve in the executive cabinet.
B. A secretary who has been appointed but not yet confirmed shall serve and have all the duties, responsibilities and authority assigned by law to that office during the period of time prior to the final action by the senate to confirm or reject the appointment.
History:
Laws 2007, ch. 200, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-7 - Administratively attached agencies.

The following are administratively attached to the department:
A. the human rights commission;
B. the labor and industrial commission; and
C. the state workforce development board.
History:
Laws 2007, ch. 200, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-8 - Division directors.

The secretary shall appoint, with the approval of the governor, directors of such divisions as are established within the department. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2007, ch. 200, § 8.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-9 - Bureau; chiefs.

The secretary shall establish within each division such bureaus as the secretary deems necessary to carry out the provisions of the Workforce Solutions Department Act. The secretary shall employ a chief to be administrative head of each bureau.
History:
Laws 2007, ch. 200, § 9.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-10 - Personnel Act coverage.

All employees and positions in the department, except for the positions of secretary and division directors and other positions expressly permitted to be exempt by the Personnel Act [Chapter 10, Article 9 NMSA 1978], shall be covered by and shall be subject to the provisions of the Personnel Act. The secretary is the appointing authority.
History:
Laws 2007, ch. 200, § 10.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-11 - Cooperation with federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of employment, training and public assistance programs under the jurisdiction of the department in which financial or other participation by the federal government is authorized or mandated under federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement employment, training and public assistance programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.
B. The governor or the secretary may designate the department or any organizational unit of the department as the single state agency for the administration of any employment, training or public assistance program, either by the governor's or the secretary's own discretion or when such designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
Laws 2007, ch. 200, § 11.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-12 - Advisory committees.

The secretary, with the consent of the governor, may create advisory committees in accordance with the provisions of Section 9-1-9 NMSA 1978. The secretary shall appoint the members of advisory committees with the consent of the governor. If the existence of an advisory committee, its representational membership requirements or other matters are required or specified under any federal law, regulation, rule or order as a condition for receiving federal funds for any program administered by the department, the secretary and the governor shall comply with such requirements in creating the advisory committee.
History:
Laws 2007, ch. 200, § 12.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-13 - Organizational units of department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws assigned to their organizational units for administration. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and the secretary shall retain the final decision-making authority and responsibility in accordance with the provisions of Subsection B of Section 6 [9-26-6 NMSA 1978] of the Workforce Solutions Department Act. The department shall have access to all records, data and information of other departments, agencies and institutions, including its own organizational units not specifically held confidential by law.
History:
Laws 2007, ch. 200, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-14 - Disclosure of information.

To the extent permitted by federal law, upon the written request of a corporation organized pursuant to the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], the department shall furnish the last known address and the date of that address of every person certified to the department as being an absent obligor of an educational debt that is due and owed to the corporation or that the corporation has lawfully contracted to collect. The corporation and its officers and employees shall use such information only for the purpose of enforcing the educational debt obligation of such absent obligors and shall not disclose that information or use it for any other purpose.
History:
Laws 2007, ch. 200, § 14.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 200, § 25 made the Workforce Solutions Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 26 - Workforce Solutions Department › Section 9-26-15 - Repealed.

History:
Laws 2007, ch. 200, § 23; repealed by Laws 2022, ch. 13, § 3.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 13, § 3 repealed 9-26-15 NMSA 1978, as enacted by Laws 2007, ch. 200, § 23, relating to temporary provisions, transfers, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-1 - Short title.

Chapter 9, Article 27 NMSA 1978 may be cited as the "Department of Information Technology Act".
History:
Laws 2007, ch. 290, § 1; 2008, ch. 84, § 1.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, added the statutory reference to the act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-2 - Purpose.

The purpose of the Department of Information Technology Act is to create a single, unified executive branch department to administer all laws and exercise all functions formerly administered by the office of the chief information officer, the information technology commission, pursuant to the Information Technology Management Act, and the communications division, information systems division, radio communications bureau and telecommunications bureau of the general services department to consolidate enterprise information technology services duplicated within executive agencies and provide additional information technology services and functionality to improve and streamline the executive branch's information technology systems.
History:
Laws 2007, ch. 290, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 290, § 28 made the Department of Information Technology Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-3 - Definitions.

As used in the Department of Information Technology Act:
A. "agency", unless otherwise specified, means executive branch cabinet agencies and their administratively attached agencies, offices, boards and commissions;
B. "cybersecurity" means acts, practices or systems that eliminate or reduce the risk of loss of critical assets, loss of sensitive information or reputational harm as a result of a cyberattack or breach within an organization's telecommunication network;
C. "department" means the department of information technology;
D. "information technology" means computer hardware, storage media, networking equipment, physical devices, infrastructure, processes and code, firmware, software and ancillary products and services, including:
(1) systems design and analysis;
(2) development or modification of hardware or solutions used to create, process, store, secure or exchange electronic data;
(3) information storage and retrieval systems;
(4) voice, radio, video and data communication systems;
(5) network, hosting and cloud-based systems;
(6) simulation and testing; and
(7) interactions between a user and an information system;
E. "information technology project" means the purchase, replacement, development or modification of a hardware or software system;
F. "secretary" means the secretary of information technology;
G. "state information architecture" means a logically consistent set of principles, policies and standards that guides the engineering of state government's information technology systems and infrastructure in a way that ensures alignment with state government's business needs;
H. "state information technology strategic plan" means the information technology planning document for the state that spans a three-year period; and
I. "telecommunication network" means the physical and logical components and all associated infrastructure used in transporting, routing, aggregating and delivering voice and data information from computer and telecommunications systems in one location to peer systems in another.
History:
Laws 2007, ch. 290, § 3; 2017, ch. 7, § 1; 2023, ch. 132, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, defined "agency" and "cybersecurity" and revised the definition of "information technology"; added new Subsections A and B and redesignated former Subsections A through G as Subsections C through I, respectively; and in Subsection D, after "computer hardware", deleted "and software and ancillary products and services, including" and added "storage media, networking equipment, physical devices, infrastructure, processes and code, firmware, software and ancillary products and services, including", and deleted Paragraphs (1) through (8) and added Paragraphs D(1) through D(7).
The 2017 amendment,
effective June 16, 2017, added the definition of "telecommunication network" to the Department of Information Technology Act; and added Subsection G.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-4 - Department created; divisions.

A. The "department of information technology" is created. The department is a cabinet department and includes the following divisions:
(1) program support division;
(2) compliance and project management division; and
(3) enterprise services division.
B. The secretary may organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.
History:
Laws 2007, ch. 290, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 290, § 28 made the Department of Information Technology Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-5 - Secretary of information technology; appointment.

A. The chief executive and administrative officer of the department is the "secretary of information technology". The secretary shall serve as the state's chief information officer. The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the secretary-designate's appointment.
History:
Laws 2007, ch. 290, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 290, § 28 made the Department of Information Technology Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-7 - Information technology rate committee; membership; duties.

A. The "information technology rate committee" is created. The committee consists of seven members as follows:
(1) five members appointed by the governor from executive agencies that use information technology services and pay rates to an internal service fund;
(2) the secretary of finance and administration, who shall serve as chair of the committee; and
(3) the secretary of information technology.
B. The information technology rate committee shall:
(1) review the rate and fee schedule proposed by the secretary;
(2) ensure that the rate and fee schedule complies with the federal office of management and budget circular A-87 or its successor directive with respect to rates for expenditure of money from federal grant awards;
(3) consider for approval an equitable rate and fee schedule based on cost recovery for state agencies that use information technology services and pay rates to an internal service fund, with priority service to public safety agencies;
(4) present the committee's proposed rate and fee schedule by June 1 of each year to the office of the governor, the department of finance and administration and the legislative finance committee; and
(5) by July 15 of each year, implement a rate and fee schedule based on the committee's recommendations; provided, however, that a reduction in rates or fees by the department shall not require the committee's approval if the reduction is based on cost recovery and if the committee is notified timely.
History:
Laws 2007, ch. 290, § 7; 2009, ch. 146, § 3; 2023, ch. 132, § 3.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, clarified language related to the information technology rate committee's duties; and in Subsection B, Paragraph B(2), after "successor directive", added "with respect to rates for expenditures of money from federal grant awards".
The 2009 amendment,
effective June 19, 2009, added Paragraph (2) of Subsection B; in Paragraph (3) of Subsection B, at the beginning of the sentence, deleted "purpose" and added "consider for approval"; in Paragraph (4) of Subsection B, after "fee schedule", added "by June 1 of each year"; and in Paragraph (5) of Subsection B, after "committee's recommendations", deleted "and input from the office of the governor, the department of finance and administration and the legislative finance committee" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-8 - Organizational units of the department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws. The department shall have access to all information technology records, data and information of other executive branch departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
History:
Laws 2007, ch. 290, § 8.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 290, § 28 made the Department of Information Technology Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-9 - Repealed.

History:
Laws 2007, ch. 290, § 9; 2009, ch. 146, § 4; repealed by Laws 2017, ch. 45, § 1.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 45, § 1 repealed 9-27-9 NMSA 1978, as enacted by Laws 2007, ch. 290, § 9, relating to the information technology commission, creation, powers and duties, effective July 1, 2018. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-9.1 - Termination of agency life; delayed repeal.

The information technology commission is terminated July 1, 2017 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of the Department of Information Technology Act until July 1, 2018. Effective July 1, 2018, Section 9-27-9 NMSA 1978 (being Laws 2007, Chapter 290, Section 9, as amended) is repealed.
History:
Laws 2017, ch. 45, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 45 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-11 - Equipment replacement plans; equipment replacement revolving funds.

A. In order to plan for the expenditure of capital investments necessary to provide goods and services to the state and its agencies and to local public bodies and other enterprise customers, the department shall establish and maintain an equipment replacement plan for each of the department's enterprise functions. No later than September 1 of each year, the plans shall be submitted to the department of finance and administration and the legislature, accompanied by a reconciliation report of the preceding fiscal year reflecting financial activity in each of the equipment replacement revolving funds established pursuant to this section.
B. Upon the request of the secretary, the state treasurer shall establish in the state treasury such "equipment replacement revolving funds" as are necessary to administer each of the department's enterprise functions. The revolving funds shall consist of legislative appropriations to the funds and transfers made to the funds pursuant to Subsections C and D of this section. Income from investment of the revolving funds shall be credited back to the funds, and money in the funds shall not revert at the end of a fiscal year. Expenditures from the funds shall only be made pursuant to an appropriation from the legislature and only for the purpose of acquiring and replacing capital equipment and associated software used to provide enterprise services pursuant to the department's equipment replacement plans.
C. The department shall record amounts due to the equipment replacement revolving funds each fiscal year, based on the calculation of amortization and depreciation applicable to each enterprise service as reflected in the department's published cost structures for calculation of rates for services. Transfers to the funds shall be made from the operating funds of each enterprise in amounts that reconcile with the recorded amounts due. The recording of amounts due to the equipment replacement revolving funds and the transfer of the funds shall be consistent with generally accepted accounting principles.
D. The department may make initial transfers from its operating funds to establish the beginning fund balances as of July 1, 2008.
History:
Laws 2008, ch. 84, § 2; 2009, ch. 146, § 5; 2017, ch. 45, § 3.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, in Subsection A, after "the department of finance and administration", deleted "the information technology commission".
The 2009 amendment,
effective June 19, 2009, in Subsection A, in the second sentence, deleted "December 1" and added "September 1"; in Subsection B, in the last sentence, added "and associated software"; and in Subsection C, in the first sentence, added "amortization and".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-12 - Human resources; accounting and management reporting.

The department shall:
A. enter into a memorandum of understanding with the department of finance and administration for the joint design, development, acquisition and implementation of the statewide human resources, accounting and management reporting system or its successor system;
B. include a per employee assessment per agency that is sufficient to provide for the support, operation, maintenance, software upgrade or equipment replacement of the statewide human resources, accounting and management reporting system or its successor system; and
C. ensure that an amount equal to at least the annual depreciation and amortization be deposited in a separately identifiable account for software upgrades and equipment replacement.
History:
Laws 2009, ch. 146, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 146 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-13 - Telecommunications services.

A. The secretary of information technology may hire a communications engineer to oversee the engineering responsibilities of the department of information technology. The communications engineer shall have a degree in either electrical engineering with an electrical communications specialty or in electronics engineering.
B. In providing telecommunications services pursuant to Chapter 15 NMSA 1978, the department of information technology shall not provide telecommunications services, including telephone, data and broadband services, to an entity other than those authorized pursuant to Section 15-5-1 NMSA 1978 [9-27-20 NMSA 1978], except as is necessary to facilitate a state-mandated program, including distance education, telehealth or school-based health center programs. Before expansion or upgrade of a state-owned or state-funded telecommunications network, whether voice, data or video transmission, the department shall prepare a plan consistent with state law and applicable rules that includes an assessment of how the project would potentially affect local telecommunications service providers and telecommunications service ratepayers.
History: 1953 Comp., § 4-26-1, enacted by Laws 1977, ch. 247, § 23; Laws 1978, ch. 124, § 3; 1980, ch. 151, § 9; 1983, ch. 301, § 39; 2007, ch. 290, § 13; 1978 Comp., § 15-2-1, recompiled as § 9-27-13 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-1 NMSA 1978 as 9-27-13 NMSA 1978, effective June 19, 2009.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2009, ch. 146, § 10 recompiled former 15-5-1 NMSA 1978 as 9-27-20 NMSA 1978, effective June 19, 2009.
The 2007 amendment,
effective July 1, 2007, deleted former Subsection A; combined former Subsections B and C as new Subsection A; in Subsection A, after "secretary of", deleted "general services" and added "information technology". and after "responsibilities of the ", deleted "division" and added "department of information technology"; and added a new Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-14 - Radio communications.

The department of information technology shall have supervisory control over all mobile or fixed radio equipment now owned or subsequently acquired by the executive branch or any state officer, department, other agency, board, commission, division or bureau of any executive state department or agency. This supervisory control shall include but not be limited to the determination of the need for, purchase, repair, maintenance, combination or disposition of radio equipment.
History:
1953 Comp., § 4-26-2, enacted by Laws 1977, ch. 247, § 24; 1978, ch. 124, § 4; 1980, ch. 151, § 10; 1983, ch. 301, § 40; 2007, ch. 290, § 14; 1978 Comp., § 15-2-2, recompiled as § 9-27-14 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-2 NMSA 1978 as 9-27-14 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-15 - Lease of radio communications network; conditions and requirements.

In exercising supervisory control pursuant to Section 9-27-14 NMSA 1978, the department may lease to a private entity excess capacity relating to the provision of two-way radio services on its radio communications property, including buildings, towers or antennas, provided that:
A. the lease is for an equivalent value exchange of money or property or services;
B. the secretary certifies that the excess capacity will be available for at least the duration of the lease;
C. if the lease exceeds ten years, the lease is first approved by the state board of finance;
D. the department has submitted to the legislative finance committee a detailed plan for the use of excess capacity being leased and an assessment of how the lease will affect public sector uses and local telecommunication service providers; and
E. income from the leases shall be deposited to the credit of the department and used to carry out the duties of the department.
History:
1978 Comp., § 15-2-2.1, enacted by Laws 1997, ch. 263, § 1; 2007, ch. 288, § 2; 2007, ch. 290, § 15; recompiled as § 9-27-15 by Laws 2009, ch. 146, § 10; 2023, ch. 132, § 4.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-2.1 NMSA 1978 as 9-27-15 NMSA 1978, effective June 19, 2009.
The 2023 amendment,
effective July 1, 2023, removed a requirement that an agreement between the department of information technology and a private entity to lease excess capacity relating to the provision of two-way radio services on its radio communications property conform with the Procurement Code; deleted Subsection A and redesignated Subsections B through F as Subsections A through E, respectively; and in Subsection A, after "for an", deleted "equal" and added "equivalent", and after "property", added "or services".
2007 Amendments.
— Laws 2007, ch. 290, § 15, effective July 1, 2007, authorized the department of information technology radio communications to lease a private excess capacity relating for two-way radio services.
Laws 2007, ch. 288, § 2, effective June 15, 2007, in Subsection E, added local telecommunication service providers to the plan.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-16 - Service charge.

A. The department of information technology shall charge a fee to the state or any officer, agency, department, division, board or commission of the state for any services rendered in the exercise of its supervisory control.
B. Fees shall be fixed by the secretary of information technology.
C. Income from fees collected shall be deposited to the credit of the department of information technology and used to carry out the duties of the department.
D. The department of information technology may provide two-way radio services to counties and municipalities at the same rates charged state agencies.
History:
1953 Comp., § 4-26-2.1, enacted by Laws 1970, ch. 71, § 1; 1975, ch. 214, § 1; 1977, ch. 247, § 25; 1978, ch. 124, § 5; 1980, ch. 151, § 11; 1983, ch. 301, § 41; 2007, ch. 290, § 16; 1978 Comp., § 15-2-3, recompiled as § 9-27-16 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-3 NMSA 1978 as 9-27-16 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-17 - Exclusion from jurisdiction.

The department of information technology shall not have supervisory control over:
A. the use of radio equipment, except as to the technical requirements of the equipment or unless the equipment is used by one or more agencies, and the department of information technology must determine priority of use;
B. the radio equipment of the department of military affairs, except the department of information technology may maintain all radio equipment owned by the department of military affairs that interfaces with state-owned radio equipment; or
C. unless otherwise directed by the secretary of information technology, radio equipment that is incidental to a system that is primarily a telephone system.
History:
1953 Comp., § 4-26-3, enacted by Laws 1966, ch. 32, § 3; 1971, ch. 115, § 1; 1977, ch. 247, § 26; 1978, ch. 124, § 6; 1980, ch. 151, § 12; 1983, ch. 301, § 42; 2007, ch. 290, § 17; 1978 Comp., § 15-2-4, recompiled as § 9-27-17 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-4 NMSA 1978 as 9-27-17 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-18 - Property transfer.

Ownership of all radio communication property at mountaintop or remote sites, including buildings, towers, antennas, emergency power plants and radio equipment owned by the New Mexico state police, department of transportation, department of game and fish and forestry division of the energy, minerals and natural resources department, is transferred to the department of information technology.
History:
1953 Comp., § 4-26-4, enacted by Laws 1971, ch. 115, § 2; 1977, ch. 247, § 27; 1978, ch. 124, § 7; 1980, ch. 151, § 13; 1983, ch. 301, § 43; 2007, ch. 290, § 18; 1978 Comp., § 15-2-5, recompiled as § 9-27-18 by Laws 2009, ch. 146, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-5 NMSA 1978 as 9-27-18 NMSA 1978, effective June 19, 2009.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-19 - Transfer of property; custody and control.

The radio equipment purchased in accordance with Laws 1972, Chapter 74 by the facilities management division of the general services department is transferred to the department of information technology. The department has the custody and control of the transferred radio equipment.
History:
1953 Comp., § 4-26-7, enacted by Laws 1975, ch. 214, § 4; 1977, ch. 247, § 29; 1978, ch. 124, § 10; 1980, ch. 151, § 15; 1983, ch. 301, § 44; 2007, ch. 290, § 19; 1978 Comp., § 15-2-8, recompiled as § 9-27-19 by Laws 2009, ch. 146, § 10; 2013, ch. 115, § 8.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-2-8 NMSA 1978 as 9-27-19 NMSA 1978, effective June 19, 2009.
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and deleted "property control" and added "facilities management" before "division".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-21 - Central telecommunication network services; staff; budget.

The telecommunications bureau of the enterprise services division of the department shall provide the staff and material necessary to properly and adequately operate the central telecommunication network. The budget for the central telecommunication network shall be approved as part of the total operating budget of the department.
History:
Laws 1963, ch. 181, § 2; 1953 Comp., § 6-1-25; Laws 1965, ch. 225, § 2; 1977, ch. 247, § 62; 1978, ch. 124, § 12; 1980, ch. 151, § 18; 1983, ch. 301, § 58; 1978 Comp., § 15-5-2, recompiled and amended as § 9-27-21 by Laws 2009, ch. 146, § 7; 2017, ch. 7, § 4.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 7 recompiled and amended former 15-5-2 NMSA 1978 as 9-27-21 NMSA 1978, effective June 19, 2009.
The 2017 amendment,
effective June 16, 2017, required the telecommunications bureau of the enterprise services division of the department of information technology to provide the staff and material necessary to operate the central telecommunication network; in the catchline, deleted "telephone" and added "telecommunication network"; in the first sentence, after "adequately operate the central", deleted "telephone system" and added "telecommunication network"; and in the second sentence, after "budget for the central", deleted "telephone system" and added "telecommunication network".
The 2009 amendment,
effective June 19, 2009, added "of the enterprise services division of the department" and after "operating budget of the", deleted "general services".