1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; modifying the provision 1.3 of telecommunications and information services by the 1.4 commissioner of administration; amending Minnesota 1.5 Statutes 2002, section 16B.465, as amended. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 16B.465, as 1.8 amended by Laws 2003, chapter 130, section 12; and Laws 2003, 1.9 First Special Session chapter 1, article 2, sections 41 and 42, 1.10 is amended to read: 1.11 16B.465 [STATEINFORMATION INFRASTRUCTUREENTERPRISE 1.12 NETWORK.] 1.13 Subdivision 1. [POLICY.] (a) Thestate through its1.14departments and agenciescommissioner shallseek ways tomeet 1.15itsthe telecommunications and information services needs of the 1.16 state, including political subdivisions in a manner that will 1.17help topromote investment and growth of the private 1.18 sectorinformation infrastructurethroughout the state, and will 1.19 ensure efficient, secure, and equitable network communications 1.20 for and among government entities. 1.21 (b) The commissioner shall ensure that telecommunications 1.22 and information services areacquiredprocured in a manner that: 1.23 (1) promotes the availability of technologies with 1.24 statewide high-speed or advanced telecommunications capability 1.25 for both public and private customers in a reasonable and timely 2.1 fashion; 2.2 (2) enables the cost-effective provision of 2.3 telecommunications and information services tothe entities2.4identified in this sectionthe state; 2.5 (3) uses standards-based open, interoperable networksto2.6the extent practicableand associated protocols and processes; 2.7 (4)promotesensures fair and open competition in the 2.8 delivery of telecommunications and information services; 2.9 (5) promotes economic development; 2.10 (6) allows effective stateinformation infrastructure2.11 enterprise network management, responsiveness, and fault 2.12 protection; 2.13(6)(7) provides enterprise networkwide security, 2.14 stability, availability, reliability, and confidentiality as 2.15 appropriate for promoting public safety, health, and welfareand 2.16 the equitable delivery of public services; and 2.17(7)(8) meets performance standards that are reasonable and 2.18 necessary. 2.19(c) The state may purchase, own, or lease customer premises2.20equipment. Customer premises equipment consists of terminal and2.21associated equipment and inside wire located at an end user's2.22premises and connected with communication channels at the point2.23established in a building or a complex to separate customer2.24equipment from the network. Customer premises equipment also2.25includes, but is not limited to, communications devices eligible2.26for distribution to communications impaired persons under2.27section 237.51, subdivision 1.2.28(d) This section does not prohibit the commissioner or2.29other governmental entity from owning, leasing, operating, and2.30staffing a network operation center that allows the commissioner2.31to test, troubleshoot, and maintain network operations.2.32 Subd. 1a. [CREATIONSTATE ENTERPRISE NETWORK.]Except as2.33provided in subdivision 4,(a) The commissioner, through the2.34state information infrastructure, in consultation with an 2.35 Enterprise Network Council appointed by the commissioner with 2.36 representation from state agencies, political subdivisions, 3.1 private vendors, and those entities defined in subdivision 3, 3.2 paragraph (b), shall design, plan, arrange forthe, provision 3.3of, and manage a core state enterprise network that meets the 3.4 voice, data, video, and other telecommunicationstransmission3.5 and information servicestodemands of state agencies and those 3.6 entities defined in subdivision 3, paragraph (b). The 3.7 commissioner, through the Office of Technology and in 3.8 consultation with the Enterprise Network Council, shall 3.9 establish and publish an open network plan, open network 3.10 standards, and an open central services gateway architecture to 3.11 the state enterprise network, along with necessary protocols and 3.12 processes that will enable private sector vendors and their 3.13 public sector customers as well as municipal and other public 3.14 sector owned or managed networks to interconnect their networks 3.15 with each other and the enterprise network outlined in the 3.16 network plan on a nondiscriminatory basis at fair and reasonable 3.17 rates. All entities listed in subdivision 3, paragraph (b), 3.18 regardless of network provider, shall interconnect with the 3.19 state enterprise network in accordance with the open network 3.20 plan.The state information infrastructure may also serve3.21educational institutions, including public schools as defined in3.22section 120A.05, subdivisions 9, 11, 13, and 17, nonpublic,3.23church or religious organization schools that provide3.24instruction in compliance with sections 120A.22, 120A.24, and3.25120A.41, and private colleges; public corporations; Indian3.26tribal governments; state political subdivisions; and public3.27noncommercial educational television broadcast stations as3.28defined in section 129D.12, subdivision 2. ItThe state 3.29 enterprise network is not a telephone company for purposes of 3.30 chapter 237.The commissioner may purchase, own, or lease any3.31telecommunications network facilities or equipment after first3.32seeking bids or proposals and having determined that the private3.33sector cannot, will not, or is unable to provide these services,3.34facilities, or equipment as bid or proposed in a reasonable or3.35timely fashion consistent with policy set forth in this3.36section. The commissioner shall not resell or sublease any4.1services or facilities to nonpublic entities except to serve4.2private schools and colleges. The commissioner has the4.3responsibility for planning, development, and operations of the4.4state information infrastructure in order to provide4.5cost-effective telecommunications transmission services to state4.6information infrastructure users consistent with the policy set4.7forth in this section.4.8 (b) The commissioner may purchase, own, or lease customer 4.9 premises equipment. Customer premises equipment consists of 4.10 terminal and associated equipment and inside wire located on 4.11 agency's premises and connected with communication channels at 4.12 the point established in a building or a complex to separate 4.13 customer equipment from the enterprise network. Customer 4.14 premise equipment also includes, but is not limited to, 4.15 communications devices eligible for distribution to 4.16 communications-impaired persons under section 237.51, 4.17 subdivision 1. 4.18 (c) This section does not prohibit the commissioner or 4.19 other governmental entity from owning, leasing, operating, and 4.20 staffing a network operation center that allows the commissioner 4.21 to test, troubleshoot, and maintain the enterprise network 4.22 operations. 4.23 Subd. 3. [DUTIESFINISHED SERVICES.] (a) Subject to 4.24 subdivision 4a, the commissioner shall: 4.25 (1) consult, design, plan, arrange for, provision, or 4.26 manage the voice, data, video, and other 4.27 telecommunicationstransmissionand information servicestoof 4.28 the stateand to political subdivisions through an account in4.29the intertechnologies revolving fundagencies; 4.30 (2) assist the entities defined in paragraph (b) to 4.31 interconnect their respective networks with the core state 4.32 enterprise network consistent with subdivision 1, paragraph (a); 4.33 (3) manage vendor relationships, enterprise network 4.34 function, and capacity planning in order to be responsive to the 4.35 needs of the stateinformation infrastructure users, including 4.36 political subdivisions; and 5.1(3) set rates and fees for services;5.2(4) approve contracts for services, facilities, or5.3equipment relating to the system;5.4(5) develop a system plan and the annual program and fiscal5.5plans for the system; and5.6(6) in consultation with the commissioner of education in5.7regard to schools, assist state agencies, political subdivisions5.8of the state, and higher education institutions, including5.9private colleges and public and private schools, to identify5.10their telecommunication needs, and develop plans for5.11interoperability of the network consistent with the policies in5.12subdivision 1, paragraphs (a) and (b). When requested, the5.13commissioner may also assist in identifying, purchasing, or5.14leasing their customer premises equipment.5.15 (4) establish fair and reasonable reimbursement rates in 5.16 cooperation with the commissioner of finance to be billed to all 5.17 enterprise network partners sufficient to cover the planning, 5.18 operating, maintenance, and administrative costs associated with 5.19 the state enterprise network and finished services provided. 5.20 (b)The commissioner may purchase, own, or lease any5.21telecommunications network facilities or equipment after first5.22seeking bids or proposals and having determined that the private5.23sector cannot, will not, or is unable to provide these services,5.24facilities, or equipment as bid or proposed in a reasonable and5.25timely fashion consistent with the policy set forth in this5.26section.The commissioner may consult, design, plan, arrange 5.27 for, provision, or manage the voice, data, video, and 5.28 information services for educational institutions, including 5.29 public higher education institutions; public schools as defined 5.30 in section 120A.05, subdivisions 9, 11, 13, and 17; libraries; 5.31 nonpublic, church, or religious organization schools that 5.32 provide instruction in compliance with sections 120A.22, 5.33 120A.24, and 120A.41; private colleges; public corporations; 5.34 Indian tribal governments; and public noncommercial educational 5.35 television broadcast stations as defined in section 129D.12. 5.36Subd. 4. [PROGRAM PARTICIPATION.] The commissioner may6.1require the participation of state agencies and the commissioner6.2of education, and may request the participation of the Board of6.3Regents of the University of Minnesota and the Board of Trustees6.4of the Minnesota State Colleges and Universities, in the6.5planning and implementation of the network to provide6.6interconnective technologies. The Board of Trustees of the6.7Minnesota State Colleges and Universities may opt out of6.8participation as a subscriber on the network, in whole or in6.9part, if the board is able to secure telecommunications services6.10from another source that ensures it will achieve the policy6.11objectives set forth in subdivision 1.6.12 Subd. 4a. [ALTERNATIVEECONOMIC DEVELOPMENT AGGREGATION.] 6.13 The commissionermay, but is not required to, approve, in 6.14 consultation with the Enterprise Network Council, may require 6.15 state agencies to participate in community-based aggregation of 6.16 demand for telecommunications and information servicesfor state6.17agencies, including Minnesota State Colleges and6.18Universitiestogether with those entities described in 6.19 subdivision 3, paragraph (b), and the private sector whenever 6.20 reasonable economic benefits are anticipated to result for all 6.21 parties from such aggregation, the aggregation does not 6.22 disadvantage enterprise operations or statewide operability for 6.23 the participating agency, and the information services 6.24 requirements of the agency can be met.To be considered a6.25community-based aggregation project:6.26(1) the project must aggregate telecommunications demands6.27of state agencies with that of the private sector in a community6.28or a group of communities in a geographic region to the extent6.29permitted by law; and6.30(2)The aggregation must result in the provision of 6.31 telecommunicationsinfrastructure improvementsand information 6.32 services that ensure the policy set forth in subdivision 1, 6.33 paragraphs (a) and (b). 6.34Subd. 4b. [RATES.] (a) The commissioner shall establish6.35reimbursement rates in cooperation with the commissioner of6.36finance to be billed to participating agencies and educational7.1institutions sufficient to cover the operating, maintenance, and7.2administrative costs of the system.7.3(b) Except as otherwise provided in subdivision 4, a direct7.4appropriation made to an educational institution for usage costs7.5associated with the state information infrastructure must only7.6be used by the educational institution for payment of usage7.7costs of the network as billed by the commissioner of7.8administration.7.9 Subd. 6. [APPROPRIATION.] Money appropriated for the state 7.10information infrastructureenterprise network for enterprise 7.11 network design and planning, and fees for 7.12telecommunicationsfinished services must be deposited in an 7.13 account in the intertechnologies fund. Money in the account is 7.14 appropriated annually to the commissioner to carry out the 7.15 purposes of this section. 7.16 Subd. 7. [EXEMPTION.] The system is exempt from the 7.17 five-year limitation on contracts set by sections 16C.05, 7.18 subdivision 2, paragraph (b), 16C.08, subdivision 3, clause (5), 7.19 and 16C.09, clause (6).