HF 297

as introduced - 87th Legislature (2011 - 2012) Posted on 01/31/2011 10:34am

A bill for an act
relating to state government; consolidating state agency information technology
systems and services; transferring duties to the Office of Enterprise Technology;
amending Minnesota Statutes 2010, section 16B.99; 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
deleted text end deleted text begin 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.016] 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, e-mail, office systems, reporting, and other standard software tools;
new text end

new text begin (8) help desk for the components listed in clauses (1) to (7);
new text end

new text begin (9) maintenance, problem resolution, and break-fix for the components listed in
clauses (1) to (7); and
new text end

new text begin (10) regular upgrades and replacement for the components listed in clauses (1) to (7).
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. The chief information
officer may assign employees of the office to perform work exclusively for another
executive agency.
new text end

Sec. 3.

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

new text begin Subdivision 1. new text end

new text begin Technology advisory committee. new text end

new text begin (a) new text end new text begin The technology advisory
committee is created to advise the chief information officer. The committee consists of:
new text end

new text begin (1) three members appointed by the governor who are individuals actively involved
in business planning for state agencies;
new text end new text begin new text end

new text begin (2) one member appointed by the governor who is an individual actively involved in
business planning for higher education;
new text end

new text begin (3) one member appointed by the chair of the Legislative Coordinating Commission
to represent the legislative branch;
new text end

new text begin (4) one member appointed by the chief justice of the Supreme Court to represent
the judicial branch; and
new text end

new text begin (5) 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) the office's performance measures; and
new text end

new text begin (6) the efficient and effective operation of the office.
new text end

new text begin (e) The committee expires June 30, 2013.
new text end

new text begin Subd. 2. new text end

new text begin Information technology rate committee. new text end

new text begin (a) The information technology
rate committee consists of:
new text end

new text begin (1) an employee of the Department of Management and Budget, appointed by the
commissioner of management and budget; and
new text end

new text begin (2) the commissioners, or their designees, of at least four executive agencies that
use services and pay charges to the Office of Enterprise Technology, with the agencies
to be specified by the governor.
new text end

new text begin (b) The chief information officer of the Office of Enterprise Technology shall submit
to the committee a proposed rate and fee schedule for services provided by the office. The
committee shall review the proposed rate and fee schedule and make recommendations to
the chief information officer and to the commissioner of management and budget.
new text end

new text begin (c) The committee expires June 30, 2013.
new text end

Sec. 4. new text begin TRANSFERS.
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.016, 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. 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) 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 (c) 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

Sec. 5. 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