HF 191

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/21/2011 08:16pm

A bill for an act
relating to state government; consolidating services for information technology
and telecommunications technology; establishing an advisory committee;
transferring duties; requiring a report; appropriating money; amending Minnesota
Statutes 2010, sections 16B.99; 16E.14, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 16E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 16B.99, is amended to read:

16B.99 GEOSPATIAL INFORMATION OFFICE.

Subdivision 1.

Creation.

The Minnesota Geospatial Information Office is created
under the supervision of the deleted text begin commissioner of administration deleted text end new text begin chief geospatial information
officer, who is appointed by the chief information officer new text end .

Subd. 2.

Responsibilities; authority.

The office has authority to provide
coordination, guidance, and leadership, and to plan the implementation of Minnesota's
geospatial information technology. The office must identify, coordinate, and guide
strategic investments in geospatial information technology systems, data, and services to
ensure effective implementation and use of Geospatial Information Systems (GIS) by state
agencies to maximize benefits for state government as an enterprise.

Subd. 3.

Duties.

The office must:

(1) coordinate and guide the efficient and effective use of available federal,
state, local, and public-private resources to develop statewide geospatial information
technology, data, and services;

(2) provide leadership and outreach, and ensure cooperation and coordination for all
Geospatial Information Systems (GIS) functions in state and local government, including
coordination between state agencies, intergovernment coordination between state and local
units of government, and extragovernment coordination, which includes coordination with
academic and other private and nonprofit sector GIS stakeholders;

(3) review state agency and intergovernment geospatial technology, data, and
services development efforts involving state or intergovernment funding, including federal
funding;

(4) provide information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under section 16A.11;

(5) coordinate management of geospatial technology, data, and services between
state and local governments;

(6) provide coordination, leadership, and consultation to integrate government
technology services with GIS infrastructure and GIS programs;

(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
services and systems, including services provided by other public and private organizations
while building on existing governmental infrastructures;

(8) promote and coordinate consolidated geospatial technology, data, and services
and shared geospatial Web services for state and local governments; and

(9) promote and coordinate geospatial technology training, technical guidance, and
project support for state and local governments.

Subd. 4.

Duties of chief deleted text begin geospatial deleted text end information officer.

(a) In consultation with the
state geospatial advisory council, the commissioner of administration, the commissioner
of management and budget, and the deleted text begin Minnesota deleted text end chief new text begin geospatial new text end information officer, the
chief deleted text begin geospatial deleted text end information officer must identify when it is cost-effective for agencies to
develop and use shared information and geospatial technology systems, data, and services.
The chief deleted text begin geospatial deleted text end information officer may require agencies to use shared information
and geospatial technology systems, data, and services.

(b) The chief deleted text begin geospatial deleted text end information officer, in consultation with the state
geospatial advisory council, must establish reimbursement rates in cooperation with the
commissioner of management and budget to bill agencies and other governmental entities
sufficient to cover the actual development, operation, maintenance, and administrative
costs of the shared systems. The methodology for billing may include the use of
interagency agreements, or other means as allowed by law.

Subd. 5.

Fees.

(a) The chief deleted text begin geospatial deleted text end information officer must set fees under
section 16A.1285 that reflect the actual cost of providing information products and
services to clients. Fees collected must be deposited in the state treasury and credited to
the Minnesota Geospatial Information Office revolving account. Money in the account
is appropriated to the chief deleted text begin geospatial deleted text end information officer for providing Geospatial
Information Systems (GIS) consulting services, software, data, Web services, and map
products on a cost-recovery basis, including the cost of services, supplies, material, labor,
and equipment as well as the portion of the general support costs and statewide indirect
costs of the office that is attributable to the delivery of these products and services. Money
in the account must not be used for the general operation of the Minnesota Geospatial
Information Office.

(b) The chief deleted text begin geospatial deleted text end information officer may require a state agency to make an
advance payment to the revolving account sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving account is abolished or
liquidated, the total net profit from the operation of the account must be distributed to the
various funds from which purchases were made. For a given period of time, the amount of
total net profit to be distributed to each fund must reflect the same ratio of total purchases
attributable to each fund divided by the total purchases from all funds.

Subd. 6.

Accountability.

The chief geospatial information officer is appointed by
the deleted text begin commissioner of administration and must work closely with the deleted text end Minnesota chief
information officer who shall advise on technology projects, standards, and services.

Subd. 7.

Discretionary powers.

The office may:

(1) enter into contracts for goods or services with public or private organizations
and charge fees for services it provides;

(2) apply for, receive, and expend money from public agencies;

(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;

(4) enter into contracts with agencies of the federal government, local government
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernment organizations as necessary to perform its statutory duties;

(5) appoint committees and task forces to assist the office in carrying out its duties;

(6) sponsor and conduct conferences and studies, collect and disseminate
information, and issue reports relating to geospatial information and technology issues;

(7) participate in the activities and conferences related to geospatial information
and communications technology issues;

(8) review the Geospatial Information Systems (GIS) technology infrastructure
of regions of the state and cooperate with and make recommendations to the governor,
legislature, state agencies, local governments, local technology development agencies,
the federal government, private businesses, and individuals for the realization of GIS
information and technology infrastructure development potential;

(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
technology, data, and services projects; and

(10) review and recommend alternative sourcing strategies for state geospatial
information systems technology, data, and services.

Subd. 8.

Geospatial advisory councils created.

The chief deleted text begin geospatial deleted text end information
officer must establish a governance structure that includes advisory councils to provide
recommendations for improving the operations and management of geospatial technology
within state government and also on issues of importance to users of geospatial technology
throughout the state.

(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
Information Office regarding the improvement of services statewide through the
coordinated, affordable, reliable, and effective use of geospatial technology. The
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end must appoint the members of the
council. The members must represent a cross-section of organizations including counties,
cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
No more than 20 percent of the members may be employees of a state agency. In addition,
the chief geospatial information officer must be a nonvoting member.

(b) A state government geospatial advisory council must advise the Minnesota
Geospatial Information Office on issues concerning improving state government services
through the coordinated, affordable, reliable, and effective use of geospatial technology.
The deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end must appoint the members
of the council. The members must represent up to 15 state government agencies and
constitutional offices, including the Office of Enterprise Technology and the Minnesota
Geospatial Information Office. The council must be chaired by the chief geographic
information officer. A representative of the statewide geospatial advisory council must
serve as a nonvoting member.

(c) Members of both the statewide geospatial advisory council and the state
government advisory council must be recommended by a process that ensures that each
member is designated to represent a clearly identified agency or interested party category
and that complies with the state's open appointment process. Members shall serve a
term of two years.

(d) The Minnesota Geospatial Information Office must provide administrative
support for both geospatial advisory councils.

(e) This subdivision expires June 30, 2011.

deleted text begin Subd. 9. deleted text end

deleted text begin Report to legislature. deleted text end

deleted text begin By January 15, 2010, the chief geospatial
information officer must provide a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over the policy and budget for the office. The
report must address all statutes that refer to the Minnesota Geospatial Information Office
or land management information system and provide any necessary draft legislation to
implement any recommendations.
deleted text end

Sec. 2.

new text begin [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
SERVICES AND EQUIPMENT.
new text end

new text begin (a) The chief information officer is responsible for providing or entering into
managed services contracts for the provision of the following information technology
systems and services to state agencies:
new text end

new text begin (1) state data centers;
new text end

new text begin (2) mainframes including system software;
new text end

new text begin (3) servers including system software;
new text end

new text begin (4) desktops including system software;
new text end

new text begin (5) laptop computers including system software;
new text end

new text begin (6) a data network including system software;
new text end

new text begin (7) database, electronic mail, office systems, reporting, and other standard software
tools;
new text end

new text begin (8) business application software and related technical support services;
new text end

new text begin (9) help desk for the components listed in clauses (1) to (8);
new text end

new text begin (10) maintenance, problem resolution, and break-fix for the components listed in
clauses (1) to (8);
new text end

new text begin (11) regular upgrades and replacement for the components listed in clauses (1)
to (8); and
new text end

new text begin (12) network-connected output devices.
new text end

new text begin (b) All state agency employees whose work primarily involves functions specified
in paragraph (a) are employees of the Office of Enterprise Technology. This includes
employees who directly perform the functions in paragraph (a), as well as employees
whose work primarily involves managing, supervising, or providing administrative
services or support services to employees who directly perform these functions. The
chief information officer may assign employees of the office to perform work exclusively
for another state agency.
new text end

new text begin (c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow
a state agency to obtain services specified in paragraph (a) through a contract with an
outside vendor when the chief information officer and the agency head agree that a
contract would provide best value, as defined in section 16C.02, under the service-level
agreement. The chief information officer must require that agency contracts with outside
vendors ensure that systems and services are compatible with standards established by the
Office of Enterprise Technology.
new text end

new text begin (d) In exercising authority under this section, the chief information officer
must cooperate with the commissioner of administration on contracts for acquisition
of information technology systems and services. The authority granted to the chief
information officer does not limit the procurement, contract management, and contract
review authority of the commissioner of administration under chapter 16C, including
authority of the commissioner to enter into and manage cooperative purchasing
agreements with other states.
new text end

new text begin (e) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide
Radio Board are not state agencies for purposes of this section.
new text end

Sec. 3.

new text begin [16E.036] ADVISORY COMMITTEE.
new text end

new text begin (a) The Technology Advisory Committee is created to advise the chief information
officer. The committee consists of six members appointed by the governor who are
individuals actively involved in business planning for state executive branch agencies,
one county member designated by the Association of Minnesota Counties, one member
appointed by the governor as a representative of a union that represents state information
technology employees, and one member appointed by the governor to represent private
businesses.
new text end

new text begin (b) Membership terms, removal of members, and filling of vacancies are as provided
in section 15.059. Members do not receive compensation or reimbursement for expenses.
new text end

new text begin (c) The committee shall select a chair from its members. The chief information
officer shall provide administrative support to the committee.
new text end

new text begin (d) The committee shall advise the chief information officer on:
new text end

new text begin (1) development and implementation of the state information technology strategic
plan;
new text end

new text begin (2) critical information technology initiatives for the state;
new text end

new text begin (3) standards for state information architecture;
new text end

new text begin (4) identification of business and technical needs of state agencies;
new text end

new text begin (5) strategic information technology portfolio management, project prioritization,
and investment decisions;
new text end

new text begin (6) the office's performance measures and fees for service agreements with executive
branch agencies;
new text end

new text begin (7) management of the state enterprise technology revolving fund; and
new text end

new text begin (8) the efficient and effective operation of the office.
new text end

Sec. 4.

Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Technology improvement account. new text end

new text begin The technology improvement account
is established as an account in the enterprise technology fund. Money in the account is
appropriated to the chief information officer for the purpose of funding a project that will
result in improvements in state information and telecommunications technology. The
chief information officer may spend money from the account on behalf of a state agency
or group of agencies or may transfer money in the account to a state agency or group of
agencies only according to an agreement under which: (1) the chief information officer
has determined that savings generated by the project to be funded from the account will
exceed the cost of the project; and (2) the agency or agencies sponsoring the project have
developed a plan for recouping the project costs to the fund.
new text end

Sec. 5.

new text begin [16E.145] INFORMATION TECHNOLOGY APPROPRIATION.
new text end

new text begin An appropriation for a state agency information and telecommunications technology
project must be made to the chief information officer. The chief information officer must
manage and disburse the appropriation on behalf of the sponsoring state agency. Any
appropriation for an information and telecommunications technology project made to a
state agency other than the Office of Enterprise Technology is transferred to the chief
information officer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to
appropriations made before or after that date. The remainder of any appropriation subject
to this section made before July 1, 2011, is transferred to the chief information officer on
July 1, 2011. Ten percent of the unspent and unencumbered appropriations made before
June 30, 2011, that would not otherwise cancel on June 30, 2011, that are transferred to
the chief information officer, may be used for expenses relating to the transfer of functions
under sections 1 to 8.
new text end

Sec. 6. new text begin TRANSFERS; TRANSITION.
new text end

new text begin (a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
relating to functions assigned to the chief information officer in Minnesota Statutes,
section 16E.0151, are transferred to the Office of Enterprise Technology from all other
state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
(e), effective July 1, 2011. All reporting relationships associated with the transferred
powers, duties, responsibilities, assets, personnel, and unexpended appropriations are also
transferred to the Office of Enterprise Technology on July 1, 2011. By January 15, 2012,
the chief information officer shall submit to the legislature any statutory changes needed
to complete implementation of the transfer in this section.
new text end

new text begin (b) Prior to the transfer mandated by paragraph (a), the chief information officer
must enter into a service-level agreement with each state agency governing the provision
of information technology systems and services in section 2. The agreements must specify
the services to be provided and the charges for these services. As specified in section
2, an agency may choose to obtain these services from an outside vendor, rather than
from the Office of Enterprise Technology. Authority to enter into agreements under this
paragraph is effective the day following final enactment, with the resulting agreements
effective July 1, 2011.
new text end

new text begin (c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
relating to geospatial information systems are transferred from the commissioner of
administration to the Office of Enterprise Technology.
new text end

new text begin (d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
to implement this section.
new text end

new text begin (e) The transfer of authority to the Office of Enterprise Technology in this article
does not require expansion or consolidation of office space, data centers, help desks,
or other systems. The chief information officer may implement expansion, relocation,
or consolidation to the extent feasible and desirable with existing resources, or to the
extent that savings resulting from the expansions or consolidations will pay for the costs
associated with these activities during the biennium ending June 30, 2013.
new text end

new text begin (f) Expenses relating to transfer of functions and other implementation of sections 1
to 8 must be paid from the enterprise technology revolving fund.
new text end

new text begin (g) The chief information officer must reduce the number of agency chief
information officer positions to 15 by December 31, 2011. The chief information officer,
in consultation with the commissioner of management and budget, must determine the
general fund savings resulting from elimination of each chief information officer position,
and the amount determined is transferred from the general fund appropriation to the
agency to the enterprise technology revolving fund.
new text end

Sec. 7. new text begin STUDY.
new text end

new text begin The chief information officer in the Office of Enterprise Technology shall report
to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over state government finance by January 15, 2012, on
the feasibility and desirability of the office entering into service-level agreements with
the State Lottery and the Statewide Radio Board regarding provision of information
technology systems and services to those entities.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
Minnesota Statutes, chapter 16E.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective July 1, 2011. However, the chief information officer
may phase in the transfer of functions required by sections 1 to 8 between July 1, 2011,
and July 1, 2012.
new text end