HB 202

                                1  HOUSE BILL 202
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4      Rebecca Dow and Gail Armstrong and Michelle Paulene Abeyta
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                                10  AN ACT
                                11   RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
                                12   FAMILIES DEPARTMENT, THE HEALTH CARE AUTHORITY, THE EARLY
                                13   CHILDHOOD EDUCATION AND CARE DEPARTMENT, THE DEPARTMENT OF
                                14   HEALTH, THE PUBLIC EDUCATION DEPARTMENT, THE ADMINISTRATIVE
                                15   OFFICE OF THE COURTS AND THE DEPARTMENT OF PUBLIC SAFETY TO
                                16   ENTER INTO A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING WITH THE
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                                17   OFFICE OF CHILD ADVOCATE FOR THE SHARING OF DATA AND AGENCY
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                                18   SYSTEMS ACCESS WITH THE OFFICE OF CHILD ADVOCATE; PROVIDING FOR
                                19   COLLABORATION WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY AND
                                20   THE ATTORNEY GENERAL; REQUIRING OVERSIGHT AND REPORTS; MAKING
                                21   AN APPROPRIATION.
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                                23   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                24        SECTION 1.     A new section of Chapter 9 NMSA 1978 is
                                25   enacted to read:
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                                1  "[NEW MATERIAL] STATE AGENCIES--DATA AND SYSTEMS ACCESS
                                2    SHARING--MULTI-AGENCY MEMORANDUM OF UNDERSTANDING--
                                3    COLLABORATION--REQUIREMENTS--REPORTS.--
                                4  A.   As used in this section, "multi-agency
                                5    memorandum of understanding" means the written agreement
                                6    executed by the parties to provide for the sharing of agency
                                7    data and agency systems access with the office of child
                                8    advocate.
                                9  B.   With the assistance and collaboration of the
                                10   department of information technology and the attorney general,
                                11   the office of child advocate and the following state agencies
                                12   shall enter into an agreement in the form of a single multi-
                                13   agency memorandum of understanding for the purposes of sharing
                                14   certain agency data and access to certain agency systems:
                                15  (1)   the administrative office of the courts;
                                16  (2)   the children, youth and families
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                                17   department;
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                                18  (3)   the department of health;
                                19  (4)   the department of public safety;
                                20  (5)   the early childhood education and care
                                21   department;
                                22  (6)   the health care authority; and
                                23  (7)   the public education department.
                                24  C.   A working group shall be convened to develop the
                                25   appropriate and necessary terms and provisions to be included
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                                1    in the multi-agency memorandum of understanding required
                                2    pursuant to this section.    The working group shall:
                                3  (1)   initially meet no later than June 15,
                                4    2026;
                                5  (2)   consist of a representative of the office
                                6    of child advocate, who shall serve as chair, a representative
                                7    of each agency that is a party to the multi-agency memorandum
                                8    of understanding, a representative of the attorney general and
                                9    the appropriate staff from the department of information
                                10   technology; and
                                11  (3)   meet as needed to develop and, no later
                                12   than October 15, 2026, cause the execution of the multi-agency
                                13   memorandum of understanding.
                                14  D.   The multi-agency memorandum of understanding
                                15   shall put forth clearly the purpose for, and the scope of, the
                                16   data sharing and the systems access sharing for each party and
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                                17   may include agency-specific appendices as appropriate to
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                                18   address confidentiality requirements or other agency-specific
                                19   matters deemed necessary.    At a minimum, the multi-agency
                                20   memorandum of understanding shall:
                                21  (1)   identify the specific agency data and the
                                22   level and type of access to the agencies' systems that shall be
                                23   shared;
                                24  (2)   prescribe the manner, process and methods
                                25   for sharing and storing agency data or for agency system
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                                1    access;
                                2  (3)   prescribe the platform, electronic network
                                3    or other means used for sharing and storing data, for agency
                                4    system access and for related communications;
                                5  (4)   prescribe security measures or protocols
                                6    for sharing and storing agency data and for accessing agency
                                7    systems;
                                8  (5)   require the use of audit logging to
                                9    automatically record access to sensitive information;
                                10  (6)   establish and implement a breach plan;
                                11  (7)   establish oversight and reporting
                                12   requirements;
                                13  (8)   include provisions to ensure compliance
                                14   with:
                                15  (a)   the uniform crime reporting system
                                16   maintained by the department of public safety;
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                                17  (b)   the federal Health Insurance
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                                18   Portability and Accountability Act of 1996;
                                19  (c)   the federal Family Educational
                                20   Rights and Privacy Act of 1974;
                                21  (d)   limitations consistent with court
                                22   rules; and
                                23  (e)   operational and cybersecurity
                                24   requirements or recommendations of the department of
                                25   information technology; and
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                                1  (9)   be reviewed for legal and technical
                                2    soundness by each party to the multi-agency memorandum of
                                3    understanding.
                                4  E.   Copies of the executed multi-agency memorandum
                                5    of understanding shall be provided to the executing parties,
                                6    the legislative finance committee, the governor and the
                                7    legislative health and human services committee no later than
                                8    November 1, 2026."
                                9  SECTION 2.    APPROPRIATION.--Seventy-five thousand dollars
                                10   ($75,000) is appropriated from the general fund to the office
                                11   of child advocate for expenditure in fiscal years 2026 and 2027
                                12   to obtain technical services as necessary to carry out the
                                13   provisions of this act.    Any unexpended balance remaining at
                                14   the end of fiscal year 2027 shall revert to the general fund.
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