Chapter 9, Chapter 9

property, contracts and references in law. A. The transfer of functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the office of the chief information officer, the information technology commission, pursuant to t…

and software 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…

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 syst…

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 communication…

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…

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, p…

Beginning December 1, 2026, the department shall submit a written report to the legislative finance committee on the subscriber fees and users for the next fiscal year for the digital trunked radio communications system by December 1 of each year. History: Laws 2025, ch. 34, § 1.

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 …

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 det…

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 [department of wildlife]…

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 equipmen…

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, pu…

A. The department shall enter into necessary agreements to provide, where feasible, a telecommunication network and related facilities to all executive, legislative and judicial branches and may, when capacity exists and it is economical, provide a telecommunication network and r…

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 p…

Departments, institutions and agencies participating in the central telecommunication network shall be charged a pro rata and equitable share of the total monthly costs of the service. This determination is to be made by the department. Toll calls not covered by the wide-area tel…

The department shall order the deposit or transfer monthly to a fund known as the "central telecommunication network fund" the amount of money owed by each department, institution and agency utilizing the central telecommunication network. State institutions and agencies shall ad…

All income to the central telecommunication network fund is appropriated to carry out the purposes of Sections 9-27-20 through 9-27-25 NMSA 1978 or their successor recompiled sections. Payments from the central telecommunication network fund shall be made on vouchers signed by th…

institution. All departments, institutions and agencies of the state government to the extent that it is practical and feasible shall participate in the central telecommunication network. No agreement for any leased or purchased telephone service or for purchase of any telephone …

operated broadband network; statewide broadband; right-of-way agreement and service agreement. Indian nations, tribes and pueblos may connect to an agency-owned or -operated statewide broadband network in exchange for a mutually agreed upon right-of-way agreement or a service agr…

A. The "library broadband infrastructure fund" is created in the state treasury. The fund consists of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund and money otherwise accruing to the fun…

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 elimin…

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…

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 sha…

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. B. To perform the secretary's d…

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 se…

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 s…

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. E…

This act [9-27A-1 to 9-27A-5 NMSA 1978] may be cited as the "Cybersecurity Act". History: Laws 2023, ch. 115, § 1.

As used in the Cybersecurity Act: A. "agency" means executive 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 …

powers. A. The "cybersecurity office" is created and is administratively attached to the department of information technology. The office shall be managed by the security officer. B. Except as required by federal law, the cybersecurity office shall oversee, in a fiscally responsi…

The position of "state chief information security officer" is created. The security officer shall be a classified position in accordance with rules promulgated pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 2023, ch. 115, § 4.

duties. A. The "cybersecurity advisory committee" is created within the cybersecurity office and shall: (1) assist the office in the development of: (a) a statewide cybersecurity plan; (b) guidelines for best cybersecurity practices for agencies; and (c) recommendations on how to…

Sections 1 through 6 [9-28-1 to 9-28-6 NMSA 1978] of this act may be cited as the "Homeland Security and Emergency Management Department Act". History: Laws 2007, ch. 291, § 1.

A. The purpose of the Homeland Security and Emergency Management Department Act is to establish a department to: (1) consolidate and coordinate homeland security and emergency management functions to provide comprehensive and coordinated preparedness, mitigation, prevention, prot…

As used in the Homeland Security and Emergency Management Department Act: A. "department" means the homeland security and emergency management department; and B. "secretary" means the secretary of homeland security and emergency management. History: Laws 2007, ch. 291, § 3; 2009,…

department; created; powers and duties. A. The "homeland security and emergency management department" is created in the executive branch. The department is a cabinet department. The chief administrative and executive officer of the department is the "secretary of homeland securi…

The department shall: A. coordinate the homeland security and emergency management efforts of all state and local government agencies, as well as enlist cooperation from private entities such as health care providers; B. apply for and accept federal funds for homeland security, a…

secretary; single state agency status. A. The department is authorized to cooperate with the federal government in the administration of homeland security and emergency management programs in which financial or other participation by the federal government is authorized or mandat…

contractual obligations; statutory references. A. On the effective date of this act, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the office of homeland security or the homeland security advisor of the governor's office are …

Chapter 9, Article 29 NMSA 1978 may be cited as the "Early Childhood Education and Care Department Act". History: Laws 2019, ch. 48, § 1; 2022, ch. 30, § 2.

A. As used in this section: (1) "early intervention programs" means programs, including physical development, communications development, adaptive development, social and emotional development and sensory development programs, designed to meet the developmental needs of eligible …

A. The department shall convene an advisory council consisting primarily of eligible providers, community organizations, employees who reflect the demographics of the current early childhood workforce throughout the state, employee representatives and representatives of the legis…

A. The department shall prepare and update a four-year early childhood education and care finance plan to provide the legislature and the governor with demographic information on at-risk children, data on the efficacy of early childhood education and care programs and recommendat…

A program or a facility certified as a family child care provider by a branch of the United States department of defense or by the United States coast guard shall be exempt from child care facility licensure requirements provided pursuant to state law. This section does not apply…

As used in the Early Childhood Education and Care Department Act: A. "child" means a person from birth to age five or, where the context otherwise provides, to age eight or thirteen; B. "child care home program" means the program developed by the department to license or register…

A. The "early childhood education and care department" is created as a cabinet department and consists of the: (1) administrative services division; (2) office of the secretary; (3) child care licensing and services division; (4) early childhood education division; and (5) early …

The chief executive and administrative officer of the department is the "secretary of early childhood education and care". The governor, with the advice and consent of the senate, shall appoint a person who has experience in early childhood education or care programs to serve as …

A. The secretary may reorganize the department. If the secretary does so, the secretary shall report on the reorganization to the legislature. B. The secretary shall, with the approval of the governor, appoint directors of the department's divisions. C. The secretary may establis…

A. The secretary is responsible to the governor for the operation of the department. The secretary shall manage the department's operations and ensure compliance with laws applicable to the department. B. To perform the secretary's duties, and except as otherwise provided by law,…

A. The secretary shall, with the consent of the governor, appoint an assistant secretary for Native American early education and care. B. The assistant secretary shall: (1) be responsible to the secretary for the administration, coordination and oversight of Indian early childhoo…