NMSA 1978, § 10-16D-1 Short title
10-16D-1. Short title
Chapter 10, Article 16D NMSA 1978 may be cited as the "Sunshine Portal Transparency Act".
Laws 2010, ch. 34, § 1; 2011, ch. 13, § 1.
Sunshine Portal Transparency
NMSA 1978 ch. 10, art. 16D
in effectNMSA 1978, § 10-16D-2 Definitions
10-16D-2. Definitions
As used in the Sunshine Portal Transparency Act:
A. "contract" means an agreement with a state agency for:
(1) the rendition of services, including professional services;
(2) the furnishing of any material, supplies or equipment;
(3) the construction, alteration or repair of any public building or public work;
(4) the acquisition, sale or lease of any land or building;
(5) a licensing arrangement;
(6) a loan or loan guarantee; or
(7) the purchase of financial securities or instruments;
B. "department" means the department of information technology, or its successor agency;
C. "exempt employee" means an employee of the state or a state agency who is in a policymaking or supervisory position and who serves at the discretion of the agency head or at the discretion of an appointee of the agency head;
D. "expenditure" means:
(1) for a state agency, a disbursement of state or federal funds by the state agency, whether or not the funds have been appropriated by the legislature; or
(2) for a local education provider, a disbursement of federal, state or other funds by the local education provider;
E. "federal funds" means money received by a state agency from the federal government or one of its branches, departments, agencies, offices, officers or instrumentalities;
F. "local education provider" means:
(1) a school district, including the local school board for that school district; or
(2) a locally chartered or state-chartered charter school, including the governing body of that charter school;
G. "revenue" means:
(1) for a state agency, money received by the state agency and deposited into the general fund or another state fund. "Revenue" includes money from taxes, fines, fees, royalties, federal funds and other sources but does not include money deposited into a state suspense fund; or
(2) for a local education provider, all money received by the local education provider, including federal and state grants, state distributions, property tax revenues and donations; and
H. "state agency" means the New Mexico state government or any department, division, institution, board, bureau, commission or committee of state government and includes any office or officer of any of the above.
Laws 2010, ch. 34, § 2; 2011, ch. 13, § 2.
NMSA 1978, § 10-16D-3 Sunshine portal; department duties
10-16D-3. Sunshine portal; department duties
A. The department, with the department of finance and administration, shall develop, operate and maintain a single internet web site that is free, user-friendly, searchable and accessible to the public, known as the "sunshine portal", to host the state's financial information for the purpose of governmental transparency and accountability to taxpayers.
B. No later than October 1, 2010, the department shall create the architecture and the information exchange process for the collection and electronic publication of the state's financial information.
C. No later than July 1, 2011, the sunshine portal shall be available for public access and include updated information as required by Subsection D of this section.
D. The sunshine portal shall provide, at a minimum, access to the following information:
(1) the state's cash balances by account or fund;
(2) a monthly summary of the state's investment accounts;
(3) annual operating budgets for each state agency with monthly expenditures by category;
(4) contracts that a state agency enters into for the lease, sale or development of state land and state contracts that have a total contract price of more than twenty thousand dollars ($20,000), naming the recipient of the contract, the purpose of the contract and the amounts expended. No later than January 1, 2017, the information provided shall also include:
(a) the name of the recipient of the contract;
(b) the purpose of the contract;
(c) the amounts expended on the contract;
(d) a copy of or an internet web site link to a copy of the contract document, including amendments; and
(e) a copy of or an internet web site link to a copy of a resident certificate issued pursuant to Section 13-1-22 NMSA 1978 and used in the award of a contract;
(5) the revenue that the state received in the preceding month by source, such as type of tax, fee, fine, administrative fee or other collection category;
(6) special appropriations received outside the general appropriation act by each state agency and the purpose of those appropriations;
(7) approved budget adjustment requests by state agency and affected budget category;
(8) quarterly consensus revenue estimates;
(9) reversions and cash balances by state agency and fund;
(10) appropriations for capital projects, identified by project location, type of project and funding source;
(11) a directory of all employee positions, other than exempt employee positions, identified only by state agency, position title and salary;
(12) a directory of all exempt employee positions, identified by state agency, position title, salary and the name of the individual that holds the position;
(13) information relating to local education providers compiled and published by the public education department pursuant to Section 10-16D-6 NMSA 1978;
(14) a link to an open meeting tracker web site upon which each state agency shall post open meetings scheduled for the current month and the next month, including the time and place of the meeting, the subject of the meeting and an agenda;
(15) a link to the web site maintained by the regulation and licensing department for the purpose of accessing information relating to occupational licenses;
(16) a link to the state auditor's web site for the purpose of accessing financial audits;
(17) a link to New Mexico's statutes;
(18) a link to the New Mexico Administrative Code;
(19) a link to the secretary of state's web sites for lobbyist regulation;
(20) an annual summary within three months after the end of the fiscal year, or as soon thereafter as the information becomes available, of the state's fiscal health, including the state budget, revenues and expenditures for the previous fiscal year and projected revenues and operating budgets for the current fiscal year; and
(21) additional information, as required by rule of the department of finance and administration, that will assist the public in understanding state government operations and the use of taxpayer dollars.
E. State agencies shall provide updated financial information as frequently as possible but at least monthly.
F. The department shall update the web site as new information is received but at least monthly, include information from the previous month or year, where relevant, for comparison purposes and maintain the web site as the primary source of public information about the activity of the state government.
Laws 2010, ch. 34, § 3; 2011, ch. 13, § 3; 2015, ch. 141, § 1.
NMSA 1978, § 10-16D-4 Rules promulgation; compliance required
10-16D-4. Rules promulgation; compliance required
A. Pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall promulgate rules necessary to implement the architecture, information exchange process and maintenance of the sunshine portal pursuant to the Sunshine Portal Transparency Act.
B. Pursuant to the State Rules Act, the department of finance and administration shall promulgate rules to carry out the provisions of the Sunshine Portal Transparency Act.
C. All state agencies shall comply with the provisions of the Sunshine Portal Transparency Act and rules promulgated by the department and the department of finance and administration pursuant to that act.
Laws 2010, ch. 34, § 4.
NMSA 1978, § 10-16D-5 Protection of confidential information
10-16D-5. Protection of confidential information
Nothing in the Sunshine Portal Transparency Act shall require disclosure of information that is confidential by state or federal law.
Laws 2010, ch. 34, § 5.
NMSA 1978, § 10-16D-6 Local education providers; required information; publication by public education department on the sunshine portal
10-16D-6. Local education providers; required information; publication by public education department on the sunshine portal
A. Commencing no later than July 1, 2012, and on a continuing basis thereafter, each local education provider shall provide the following information to the public education department for online publication on the sunshine portal, in a downloadable format, for free public access:
(1) the annual operating budget, commencing with the budget for fiscal year 2012;
(2) salary schedules and policies;
(3) a directory of the local education provider's employee positions by school name, title and salary;
(4) monthly expenditures by category;
(5) monthly revenue by source; and
(6) an inventory of all real property owned by the local education provider, including the location of the property, the size of the property, a description of the improvements on the property and a description of the use of the property.
B. As soon as practicable after July 1, 2011, the public education department shall begin working with the department of information technology to create a monthly data extract from applicable computer database systems. As information is received pursuant to Subsection A of this section, the public education department, working with the department of information technology, shall publish the information on the sunshine portal.
C. The public education department and each local education provider that maintains a web site shall have a link to the sunshine portal on its web site.
1978 Comp., § 10-16D-6, enacted by Laws 2011, ch. 13, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026