Chapter 9 — Chapter 9

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…

History: Laws 2007, ch. 290, § 9; 2009, ch. 146, § 4; repealed by Laws 2017, ch. 45, § 1.

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…

The department shall: A. develop priorities for department programs and the use of department resources based on state policy, national best-practice standards, evidence-based interventions and practices and local considerations and priorities; B. coordinate and align an early ch…

confidentiality; violation; penalty. A. To investigate the suitability of an applicant for licensure as a licensed child care facility, registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home, inc…

The department may access records and data of other state agencies that are not made expressly confidential by law. The department shall enter into agreements with the children, youth and families department and the public education department to share and maintain confidential i…

A. The "early childhood education and care fund" is created within the state treasury. The fund shall consist of distributions, appropriations, gifts, grants and donations. Income from investment of the fund shall be credited to the fund. Money in the fund shall be expended only …

A. The "early childhood education and care program fund" is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The early childhood education and care department shall administer the f…

medicaid trust fund; severance tax permanent fund; payments pursuant to federal Mineral Leasing Act. A. If, by June 30 of each fiscal year, the net receipts for that fiscal year of the money received by the state pursuant to the federal Mineral Leasing Act exceed the annual avera…