HB 618 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

HB0618GES HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 618 57th legislature - STATE OF NEW MEXICO - first session, 2025               AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

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

     SECTIONSECTION 1.

     "9-27-6."9-27-6.

SECRETARY--DUTIES AND GENERAL POWERS.--           A.A.

          B.B.

                (1)(1) exercise general supervisory and appointing authority over all department employees, subject HGEIC/HB 618 Page 1 to any applicable personnel laws and regulations;

                (2)(2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

                (3)(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)(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)(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 responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

                (6)(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)(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the HGEIC/HB 618 Page 2 objective of improving the operations and efficiency of administration;

                (8)(8) prepare an annual budget of the department;

                (9)(9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

                     (a)(a) minimize or eliminate duplication of services and jurisdictional conflicts;

                     (b)(b) coordinate activities and resolve problems of mutual concern;

and                      (c)(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)(10) appoint for each division a "director".

and                 (11)(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.C.

                (1)HGEIC/HB 618 Page 3 (1) review agency plans regarding prudent allocation of information technology resources;

                [(2)(2) approvepromulgate agencyrules information technology requests for proposalsoversight andof other agency requestsinformation thattechnology areprojects; subject to the Procurement Code, prior to final approval;

                (3)](3) (2)approve promulgate rules for oversight of agency information technology [procurement]projects projects;prior to procurement;

                [(4)](4) (3)develop approve agency information technology [contracts and amendmentsimplement toprocedures those contracts, including emergency procurements, sole source contracts and price agreements, prior to approvalstandardize bydata theelements, departmentdetermine ofdata financeownership and administration]ensure projectsdata priorsharing toamong procurement;executive agencies;

                [(5)](5) (4)verify developcompliance andwith implementstate proceduresinformation toarchitecture standardizeand datathe elements,state determineinformation datatechnology ownershipstrategic andplan ensurebefore dataapproving sharinginformation amongtechnology executiveprojects; agencies;

                [(6)](6) (5)monitor verifyagency compliance with stateits informationagency architectureplan, and the state information technology strategic plan beforeand approvingstate [documentsinformation referredarchitecture and report to inthe Paragraphsgovernor, (2)executive andagency (4)management ofand thisthe subsection]legislative informationfinance technologycommittee projects;on noncompliance;

                [(7)](7) (6)develop monitorinformation agencytechnology compliancecost withrecovery itsmechanisms agencyand plan,information thesystems staterate informationand technologyfee strategicstructures planof and state informationagencies architecture and reportother topublic theor governor,private executivesector agencyproviders management and themake legislativerecommendations financeto committeethe oninformation noncompliance;technology rate committee;

                [(8)]HGEIC/HB (7)618 developPage information4 technology(8) costprovide recoverytechnical mechanismssupport andto informationexecutive systems rate and fee structures of state agencies andin other public or private sector providers and make recommendations to the informationdevelopment technologyof ratetheir committee;agency plans;

                [(9)](9) (8)ensure providethe technicaluse supportof toexisting executivepublic agenciesor inprivate information technology or telecommunications resources when the developmentuse ofis theirpractical, agencyefficient, plans;effective and financially prudent and is in compliance with the Procurement Code;

                [(10)](10) (9)review appropriation requests related to agency information technology requests to ensure thecompliance usewith ofagency existingplans publicand orthe privatestate information technology orstrategic telecommunicationsplan resourcesand whenmake written recommendations by November 14 of each year to the usedepartment isof practical,finance efficient,and effectiveadministration and financiallyby prudentNovember and21 isof ineach complianceyear withto the Procurementlegislative Code;finance committee and the appropriate interim legislative committee;

                [(11)] (10) review appropriation requests related to agency information technology requests to ensure 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;

                [(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 HGEIC/HB 618 Page 5 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 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.D.

                (1)(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 HGEIC/HB 618 Page 6 the state broadband plan;

                (2)(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;