HF 2243

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; creating the Office of
Enterprise Technology; providing for a chief
information officer; appropriating money; amending
Minnesota Statutes 2004, sections 10A.01, subdivision
35; 15.06, by adding a subdivision; 16B.04,
subdivision 2; 16B.48, subdivisions 4, 5; 16E.01,
subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1, 2,
3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055;
16E.07, subdivision 8; 299C.65, subdivisions 1, 2;
403.36, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 16E; repealing Minnesota
Statutes 2004, sections 16B.48, subdivision 3;
16E.0465, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;

(4) solicitor general or deputy, assistant, or special
assistant attorney general;

(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in
section 15.01 or 15.06 new text begin , or the state chief information officer new text end ;

(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under
chapter 14;

(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules under chapter 14 or
adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the
State Office of Administrative Hearings or referee in the
Department of Employment and Economic Development;

(12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;

(13) member or chief administrator of a metropolitan
agency;

(14) director of the Division of Alcohol and Gambling
Enforcement in the Department of Public Safety;

(15) member or executive director of the Higher Education
Facilities Authority;

(16) member of the board of directors or president of
Minnesota Technology, Inc.; or

(17) member of the board of directors or executive director
of the Minnesota State High School League.

Sec. 2.

Minnesota Statutes 2004, section 15.06, is amended
by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Application to office of enterprise
technology. new text end

new text begin For the purposes of this section, references to
"commissioner" include the chief information officer of the
Office of Enterprise Technology.
new text end

Sec. 3.

Minnesota Statutes 2004, section 16B.04,
subdivision 2, is amended to read:

Subd. 2.

Powers and duties, general.

Subject to other
provisions of this chapter, the commissioner is authorized to:

(1) supervise, control, review, and approve all state
contracts and purchasing;

(2) provide agencies with supplies and equipment and
operate all central store or supply rooms serving more than one
agency;

(3) deleted text begin approve all computer plans and contracts, and oversee
the state's data processing system;
deleted text end

deleted text begin (4) deleted text end investigate and study the management and organization
of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;

deleted text begin (5) deleted text end new text begin (4) new text end manage and control state property, real and
personal;

deleted text begin (6) deleted text end new text begin (5) new text end maintain and operate all state buildings, as
described in section 16B.24, subdivision 1;

deleted text begin (7) deleted text end new text begin (6) new text end supervise, control, review, and approve all capital
improvements to state buildings and the capitol building and
grounds;

deleted text begin (8) deleted text end new text begin (7) new text end provide central duplicating, printing, and mail
facilities;

deleted text begin (9) deleted text end new text begin (8) new text end oversee publication of official documents and
provide for their sale;

deleted text begin (10) deleted text end new text begin (9) new text end manage and operate parking facilities for state
employees and a central motor pool for travel on state business;

deleted text begin (11) deleted text end new text begin (10) new text end establish and administer a State Building Code;
and

deleted text begin (12) deleted text end new text begin (11) new text end provide rental space within the capitol complex
for a private day care center for children of state employees.
The commissioner shall contract for services as provided in this
chapter. The commissioner shall report back to the legislature
by October 1, 1984, with the recommendation to implement the
private day care operation.

Sec. 4.

Minnesota Statutes 2004, section 16B.48,
subdivision 4, is amended to read:

Subd. 4.

Reimbursements.

Except as specifically provided
otherwise by law, each agency shall reimburse deleted text begin intertechnologies
and deleted text end new text begin the new text end general services revolving funds for the cost of all
services, supplies, materials, labor, and depreciation of
equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the
commissioner and financed from the general services revolving
fund must include reasonable overhead costs. The commissioner
of administration shall report the rates to be charged for deleted text begin each
deleted text end new text begin the general services new text end revolving deleted text begin fund deleted text end new text begin funds new text end no later than July 1
each year to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction
over the budget of the Department of Administration. The
commissioner of finance shall make appropriate transfers to the
revolving funds described in this section when requested by the
commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the
approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner
of administration, with the approval of the commissioner of
finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days. All
reimbursements and other money received by the commissioner of
administration under this section must be deposited in the
appropriate revolving fund. Any earnings remaining in the fund
established to account for the documents service prescribed by
section 16B.51 at the end of each fiscal year not otherwise
needed for present or future operations, as determined by the
commissioners of administration and finance, must be transferred
to the general fund.

Sec. 5.

Minnesota Statutes 2004, section 16B.48,
subdivision 5, is amended to read:

Subd. 5.

Liquidation.

If the deleted text begin intertechnologies or
deleted text end general services revolving deleted text begin fund is deleted text end new text begin funds are new text end abolished or
liquidated, the total net profit from the operation of each fund
must be distributed to the various funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bears to the total purchases from all the funds during
the same period of time.

Sec. 6.

Minnesota Statutes 2004, section 16E.01,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin purpose deleted text end new text begin creation; chief information
officer new text end .

The Office of new text begin Enterprise new text end Technology, referred to in
this chapter as the "office," is deleted text begin under the supervision of the
commissioner of administration deleted text end new text begin an agency in the executive branch
headed by the state chief information officer. The appointment
of the chief information officer is subject to the advice and
consent of the senate under section 15.066 new text end .

new text begin Subd. 1a. new text end

new text begin Responsibilities. new text end

The office shall
provide new text begin oversight, new text end leadership new text begin , new text end and direction for information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology policy new text begin and the
management, delivery, and security of information and
telecommunications technology systems and services new text end in
Minnesota. The office shall deleted text begin coordinate deleted text end new text begin manage new text end strategic
investments in information and deleted text begin communications deleted text end new text begin telecommunications
new text end technology new text begin systems and services new text end to encourage the development of
a technically literate society deleted text begin and deleted text end new text begin , new text end to ensure sufficient access
to and efficient delivery of government services new text begin , and to
maximize benefits for the state government as an enterprise new text end .

Sec. 7.

Minnesota Statutes 2004, section 16E.01,
subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office shall:

(1) deleted text begin coordinate deleted text end new text begin manage new text end the efficient and effective use of
available federal, state, local, and deleted text begin private deleted text end new text begin public-private
new text end resources to develop statewide information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology new text begin systems and services new text end and its
infrastructure;

(2) deleted text begin review deleted text end new text begin approve new text end state agency and intergovernmental
information and deleted text begin communications deleted text end new text begin telecommunications technology
new text end systems new text begin and services new text end development efforts involving state or
intergovernmental funding, including federal funding, provide
information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under
section 16A.11;

(3) deleted text begin encourage deleted text end new text begin ensure new text end cooperation and collaboration among
state and local governments in developing intergovernmental
deleted text begin communication and deleted text end information new text begin and telecommunications technology
new text end systems new text begin and services new text end , and define the structure and
responsibilities of deleted text begin the Information Policy Council deleted text end new text begin a
representative governance structure new text end ;

(4) cooperate and collaborate with the legislative and
judicial branches in the development of information and
communications systems in those branches;

(5) continue the development of North Star, the state's
official comprehensive on-line service and information
initiative;

(6) promote and collaborate with the state's agencies in
the state's transition to an effectively competitive
telecommunications market;

(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in
developing technical literacy and obtaining access to ongoing
learning resources;

(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect
Minnesota's citizens and communities to each other, to their
governments, and to the world;

(9) promote and coordinate electronic commerce initiatives
to ensure that Minnesota businesses and citizens can
successfully compete in the global economy;

(10) new text begin manage and new text end promote deleted text begin and coordinate deleted text end the regular and
periodic reinvestment in the deleted text begin core deleted text end information deleted text begin communications deleted text end and
new text begin telecommunications new text end technology new text begin systems and services
new text end infrastructure so that state and local government agencies can
effectively and efficiently serve their customers;

(11) facilitate the cooperative development of new text begin and ensure
compliance with new text end standards new text begin and policies new text end for information new text begin and
telecommunications technology new text end systems new text begin and services new text end , electronic
data practices and privacy, and electronic commerce among
international, national, state, and local public and private
organizations; deleted text begin and
deleted text end

(12) deleted text begin work with others to avoid deleted text end new text begin eliminate new text end unnecessary
duplication of existing new text begin information and telecommunications
technology systems and new text end services provided by other public and
private organizations while building on the existing
governmental, educational, business, health care, and economic
development infrastructures new text begin ;
new text end

new text begin (13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and
ongoing operations; and
new text end

new text begin (14) ensure overall security of the state's information and
technology systems and services new text end .

(b) The deleted text begin commissioner of administration deleted text end new text begin chief information
officer new text end in consultation with the commissioner of finance deleted text begin may
deleted text end new text begin must new text end determine deleted text begin that deleted text end new text begin when new text end it is cost-effective for agencies to
develop and use shared information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology systems new text begin and services new text end for the
delivery of electronic government services. deleted text begin This determination
may be made if an agency proposes a new system that duplicates
an existing system, a system in development, or a system being
proposed by another agency. deleted text end The deleted text begin commissioner of
administration deleted text end new text begin chief information officer may require agencies to
use shared information and telecommunications technology systems
and services. The chief information officer new text end shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to agencies and other governmental entities
sufficient to cover the actual development, operating,
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.

Sec. 8.

Minnesota Statutes 2004, section 16E.02, is
amended to read:

16E.02 OFFICE OF new text begin ENTERPRISE new text end TECHNOLOGY new text begin ; new text end STRUCTURE AND
PERSONNEL.

Subdivision 1.

Office management and structure.

new text begin (a) new text end The
deleted text begin commissioner of administration deleted text end new text begin chief information officer is
appointed by the governor. The chief information officer serves
in the unclassified service at the pleasure of the governor.
The chief information officer must have experience leading
enterprise-level information technology organizations. The
chief information officer new text end is the state's chief information
officer and new text begin information and telecommunications new text end technology
advisor to the governor.

new text begin (b) The chief information officer may appoint other
employees of the office. new text end The staff of the office must include
individuals knowledgeable in information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology new text begin systems and services and
individuals with specialized training in information security new text end .

new text begin Subd. 1a. new text end

new text begin Accountability. new text end

new text begin The chief information officer
reports to the governor. The chief information officer must
consult regularly with the commissioner of administration,
finance, human services, revenue, and other commissioners
designated by the governor, on technology projects, standards,
and services as well as management of resources and staff
utilization.
new text end

Subd. 2.

Intergovernmental participation.

The
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end or the
deleted text begin commissioner's deleted text end new text begin chief information officer's new text end designee shall serve
as a member of deleted text begin the Minnesota Education Telecommunications
Council, deleted text end the Geographic Information Systems Council deleted text begin , deleted text end new text begin and new text end the
Library Planning Task Force deleted text begin , deleted text end or their respective successor
organizations deleted text begin , deleted text end and as a new text begin nonvoting new text end member of deleted text begin Minnesota
Technology, Inc. and deleted text end the Minnesota Health Data Institute deleted text begin as a
nonvoting member deleted text end .

new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The commissioner of
administration must provide office space and administrative
support services to the office. The office must reimburse the
commissioner for these services.
new text end

Sec. 9.

Minnesota Statutes 2004, section 16E.03,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of deleted text begin sections
16E.03 to 16E.05 deleted text end new text begin chapter 16E new text end , the following terms have the
meanings given them.

new text begin (a) "Information and telecommunications technology systems
and services" means all computing and telecommunications
hardware and software, the activities undertaken to secure that
hardware and software, and the activities undertaken to acquire,
transport, process, analyze, store, and disseminate information
electronically. "Information and telecommunications technology
systems and services" includes all proposed expenditures for
computing and telecommunications hardware and software, security
for that hardware and software, and related consulting or other
professional services.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end "Information and deleted text begin communications deleted text end new text begin telecommunications
new text end technology project" means deleted text begin the development or acquisition of
information and communications technology devices and systems,
but does not include the state information infrastructure or its
contractors.
deleted text end

deleted text begin (b) "Data processing device or system" means equipment or
computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with
the processing of information through electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
deleted text end new text begin an effort to acquire or produce information and
telecommunications technology systems and services.
new text end

new text begin (c) "Telecommunications" means voice, video, and data
electronic transmissions transported by wire, wireless,
fiber-optic, radio, or other available transport technology.
new text end

new text begin (d) "Cyber security" means the protection of data and
systems in networks connected to the Internet.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end "State agency" means an agency in the executive
branch of state government and includes the Minnesota Higher
Education Services Office new text begin , but does not include the Minnesota
State Colleges and Universities unless specifically provided
elsewhere in this chapter new text end .

Sec. 10.

Minnesota Statutes 2004, section 16E.03,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin commissioner's deleted text end new text begin chief information officer
new text end responsibility.

The deleted text begin commissioner deleted text end new text begin chief information officer
new text end shall coordinate the state's information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology systems new text begin and services new text end to serve the
needs of the state government. The deleted text begin commissioner deleted text end new text begin chief
information officer new text end shall:

(1) deleted text begin coordinate the deleted text end design deleted text begin of deleted text end a master plan for information
and deleted text begin communications deleted text end new text begin telecommunications new text end technology systems new text begin and
services new text end in the state and its political subdivisions and shall
report on the plan to the governor and legislature at the
beginning of each regular session;

(2) coordinate new text begin , review, and approve new text end all information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology deleted text begin plans and contracts
deleted text end new text begin projects new text end and oversee the state's information and deleted text begin communications
deleted text end new text begin telecommunications technology new text end systems new text begin and services new text end ;

(3) establish new text begin and enforce compliance with new text end standards for
information and deleted text begin communications deleted text end new text begin telecommunications technology
new text end systems new text begin and services new text end that deleted text begin encourage competition deleted text end new text begin are
cost-effective new text end and support open systems environments and that
are compatible with new text begin state, new text end national new text begin , new text end and international
standards; deleted text begin and
deleted text end

(4) maintain a library of systems and programs developed by
the state and its political subdivisions for use by agencies of
government new text begin ;
new text end

new text begin (5) direct and manage the shared operations of the state's
information and telecommunications technology systems and
services; and
new text end

new text begin (6) establish and enforce standards and ensure acquisition
of hardware and software necessary to protect data and systems
in state agency networks connected to the Internet new text end .

Sec. 11.

Minnesota Statutes 2004, section 16E.03,
subdivision 3, is amended to read:

Subd. 3.

Evaluation and approval.

A state agency may not
undertake an information and deleted text begin communications deleted text end new text begin telecommunications
new text end technology project until it has been evaluated according to the
procedures developed under subdivision 4. The deleted text begin governor or
governor's designee deleted text end new text begin chief information officer new text end shall give written
approval of the proposed project. deleted text begin If the proposed project is
not approved deleted text end new text begin When notified by the chief information officer that
a project has not been approved new text end , the commissioner of finance
shall cancel the unencumbered balance of any appropriation
allotted for the project. deleted text begin This subdivision does not apply to
acquisitions or development of information and communications
systems that have anticipated total cost of less than $100,000.
The Minnesota State Colleges and Universities shall submit for
approval any project related to acquisitions or development of
information and communications systems that has a total
anticipated cost of more than $250,000.
deleted text end

Sec. 12.

Minnesota Statutes 2004, section 16E.03,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin data deleted text end new text begin cyber new text end security systems.

In consultation
with the attorney general and appropriate agency heads, the
deleted text begin commissioner deleted text end new text begin chief information officer new text end shall develop deleted text begin data deleted text end new text begin cyber
new text end security policies, guidelines, and standards, and deleted text begin the
commissioner of administration deleted text end shall install and administer
state data security systems on the state's deleted text begin centralized deleted text end computer
deleted text begin facility deleted text end new text begin facilities new text end consistent with these policies, guidelines,
standards, and state law to ensure the integrity of
computer-based and other data and to ensure applicable
limitations on access to data, consistent with the public's
right to know as defined in chapter 13. new text begin The chief information
officer is responsible for overall security of state agency
networks connected to the Internet. new text end Each department or agency
head is responsible for the security of the department's or
agency's data new text begin within the guidelines of established enterprise
policy new text end .

Sec. 13.

Minnesota Statutes 2004, section 16E.04, is
amended to read:

16E.04 INFORMATION AND deleted text begin COMMUNICATIONS deleted text end new text begin TELECOMMUNICATIONS
new text end TECHNOLOGY POLICY.

Subdivision 1.

Development.

The office shall deleted text begin coordinate
with state agencies in developing and establishing deleted text end new text begin develop,
establish, and enforce new text end policies and standards for state agencies
to follow in developing and purchasing information and
deleted text begin communications deleted text end new text begin telecommunications technology new text end systems new text begin and
services new text end and training appropriate persons in their use. The
office shall develop, promote, and deleted text begin coordinate deleted text end new text begin manage new text end state
technology, architecture, standards and guidelines, information
needs analysis techniques, contracts for the purchase of
equipment and services, and training of state agency personnel
on these issues.

Subd. 2.

Responsibilities.

(a) In addition to other
activities prescribed by law, the office shall carry out the
duties set out in this subdivision.

(b) The office shall develop and establish a state
information architecture to ensure that deleted text begin further deleted text end state agency
development and purchase of information and communications
systems, equipment, and services is designed to ensure that
individual agency information systems complement and do not
needlessly duplicate or conflict with the systems of other
agencies. When state agencies have need for the same or similar
public data, the deleted text begin commissioner deleted text end new text begin chief information officer new text end , in
coordination with the affected agencies, shall deleted text begin promote deleted text end new text begin manage
new text end the most efficient and cost-effective method of producing and
storing data for or sharing data between those agencies. The
development of this information architecture must include the
establishment of standards and guidelines to be followed by
state agencies. new text begin The office shall ensure compliance with the
architecture.
new text end

(c) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's
mission and the state's requirements and functions. new text begin The office
shall review and approve agency technology plans to ensure
consistency with enterprise information and telecommunications
technology strategy.
new text end

(d) The office shall review new text begin and approve new text end agency requests for
deleted text begin legislative appropriations deleted text end new text begin funding new text end for the development or
purchase of information systems equipment or software new text begin before the
requests may be included in the governor's budget new text end .

(e) The office shall review major purchases of information
systems equipment to:

(1) ensure that the equipment follows the standards and
guidelines of the state information architecture;

(2) ensure deleted text begin that the equipment is consistent with the
information management principles adopted by the Information
Policy Council;
deleted text end

deleted text begin (3) evaluate whether deleted text end the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing;
and

deleted text begin (4) deleted text end new text begin (3) new text end ensure that the equipment is consistent with other
systems in other state agencies so that data can be shared among
agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the
inconsistency.

(f) The office shall review the operation of information
systems by state agencies and deleted text begin provide advice and assistance to
deleted text end ensure that these systems are operated efficiently new text begin and securely
new text end and continually meet the standards and guidelines established by
the office. The standards and guidelines must emphasize
uniformity new text begin that is cost-effective for the enterprise, new text end that
encourages information interchange, open systems environments,
and portability of information whenever practicable and
consistent with an agency's authority and chapter 13.

(g) The office shall conduct a comprehensive review at
least every three years of the information systems investments
that have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost-beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.

Subd. 3.

Risk assessment and mitigation.

(a) A risk
assessment and risk mitigation plan are required for deleted text begin an deleted text end new text begin all
new text end information systems development deleted text begin project estimated to cost more
than $1,000,000 that is deleted text end new text begin projects new text end undertaken by a state agency in
the executive or judicial branch or by a constitutional officer.
The deleted text begin commissioner of administration deleted text end new text begin chief information officer
new text end must contract with an entity outside of state government to
conduct the new text begin initial new text end assessment and prepare the mitigation plan
for a project estimated to cost more than $5,000,000. The
outside entity conducting the risk assessment and preparing the
mitigation plan must not have any other direct or indirect
financial interest in the project. The risk assessment and risk
mitigation plan must provide for periodic monitoring by the
commissioner until the project is completed.

(b) The risk assessment and risk mitigation plan must be
paid for with money appropriated for the information deleted text begin systems
development deleted text end new text begin and telecommunications technology new text end project. new text begin The
chief information officer must notify the commissioner of
finance when work has begun on a project and must identify the
proposed budget for the project. The commissioner of finance
shall ensure that new text end no more than ten percent of the deleted text begin amount
anticipated to deleted text end new text begin proposed budget new text end be spent on the project, other
than the money spent on the risk assessment and risk mitigation
plan, deleted text begin may be deleted text end new text begin is new text end spent until the risk assessment and mitigation
plan are reported to the deleted text begin commissioner of administration deleted text end new text begin chief
information officer new text end and the deleted text begin commissioner deleted text end new text begin chief information
officer new text end has approved the risk mitigation plan.

Sec. 14.

Minnesota Statutes 2004, section 16E.0465,
subdivision 1, is amended to read:

Subdivision 1.

Application.

This section applies to an
appropriation of more than $1,000,000 of state or federal funds
to a state agency for any information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology project deleted text begin or data processing device
or system deleted text end or for any phase of such a project, device, or
system. For purposes of this section, an appropriation of state
or federal funds to a state agency includes an appropriation:

(1) deleted text begin to the Minnesota State Colleges and Universities;
deleted text end

deleted text begin (2) deleted text end to a constitutional officer;

deleted text begin (3) deleted text end new text begin (2) new text end for a project that includes both a state agency and
units of local government; and

deleted text begin (4) deleted text end new text begin (3) new text end to a state agency for grants to be made to other
entities.

Sec. 15.

Minnesota Statutes 2004, section 16E.0465,
subdivision 2, is amended to read:

Subd. 2.

Required review and approval.

(a) A state
agency receiving an appropriation for an information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology project deleted text begin or data
processing device or system deleted text end subject to this section must divide
the project into phases.

(b) The commissioner of finance may not authorize the
encumbrance or expenditure of an appropriation of state funds to
a state agency for any phase of a project, device, or system
subject to this section unless the Office of new text begin Enterprise
new text end Technology has reviewed each phase of the project, device, or
system, and based on this review, the deleted text begin commissioner of
administration deleted text end new text begin chief information officer new text end has determined for each
phase that:

(1) the project is compatible with the state information
architecture and other policies and standards established by the
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end ; deleted text begin and
deleted text end

(2) the agency is able to accomplish the goals of the phase
of the project with the funds appropriated new text begin ; and
new text end

new text begin (3) the project supports the enterprise information
technology strategy new text end .

Sec. 16.

Minnesota Statutes 2004, section 16E.055, is
amended to read:

16E.055 deleted text begin COMMON WEB FORMAT deleted text end new text begin ELECTRONIC GOVERNMENT SERVICES new text end .

A state agency that implements electronic government
services for fees, licenses, sales, or other purposes must use deleted text begin a
common Web page format approved by the commissioner of
administration for those electronic government services. The
commissioner may create a deleted text end new text begin the new text end single entry site new text begin created by the
chief information officer new text end for all agencies to use for electronic
government services.

Sec. 17.

Minnesota Statutes 2004, section 16E.07,
subdivision 8, is amended to read:

Subd. 8.

Secure transaction system.

The office shall
plan and develop a secure transaction system to support delivery
of government services electronically. new text begin A state agency that
implements electronic government services for fees, licenses,
sales, or other purposes must use the secure transaction system
developed in accordance with this section.
new text end

Sec. 18.

new text begin [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The enterprise technology
revolving fund is created in the state treasury.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation and uses of fund. new text end

new text begin Money in the
enterprise technology revolving fund is appropriated annually to
the chief information officer to operate information and
telecommunications services, including management, consultation,
and design services.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursements. new text end

new text begin Except as specifically provided
otherwise by law, each agency shall reimburse the enterprise
technology revolving fund for the cost of all services,
supplies, materials, labor, and depreciation of equipment,
including reasonable overhead costs, which the chief information
officer is authorized and directed to furnish an agency. The
chief information officer shall report the rates to be charged
for the revolving fund no later than July 1 each year to the
chair of the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the
Office of Enterprise Technology.
new text end

new text begin Subd. 4. new text end

new text begin Cash flow. new text end

new text begin The commissioner of finance shall
make appropriate transfers to the revolving fund when requested
by the chief information officer. The chief information officer
may make allotments and encumbrances in anticipation of such
transfers. In addition, the chief information officer, with the
approval of the commissioner of finance, may require an agency
to make advance payments to the revolving fund sufficient to
cover the office's estimated obligation for a period of at least
60 days. All reimbursements and other money received by the
chief information officer under this section must be deposited
in the enterprise technology revolving fund.
new text end

new text begin Subd. 5. new text end

new text begin Liquidation. new text end

new text begin If the enterprise technology
revolving fund is abolished or liquidated, the total net profit
from the operation of the fund must be distributed to the
various funds from which purchases were made. The amount to be
distributed to each fund must bear to the net profit the same
ratio as the total purchases from each fund bears to the total
purchases from all the funds during the same period of time.
new text end

Sec. 19.

Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:

Subdivision 1.

Membership, duties.

(a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the deleted text begin commissioner of administration deleted text end new text begin state chief information
officer new text end , the commissioner of finance, and four members of the
judicial branch appointed by the chief justice of the Supreme
Court. The policy group may appoint additional, nonvoting
members as necessary from time to time.

(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire a program manager to
manage the CriMNet projects and to be responsible for the
day-to-day operations of CriMNet. The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management; and

(8) proven methodology.

(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification
of potential sources;

(3) competitive bid solicitation, evaluation, and
selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;

(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;

(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;

(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;

(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;

(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;

(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;

(10) the impact of integrated criminal justice information
systems on individual privacy rights;

(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in
criminal justice information systems;

(13) the development of a tracking system for domestic
abuse orders for protection;

(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and

(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.

Sec. 20.

Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:

Subd. 2.

Report, task force.

(a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.

(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force
consisting of its members or their designees and the following
additional members:

(1) the director of the Office of Strategic and Long-Range
Planning;

(2) two sheriffs recommended by the Minnesota Sheriffs
Association;

(3) two police chiefs recommended by the Minnesota Chiefs
of Police Association;

(4) two county attorneys recommended by the Minnesota
County Attorneys Association;

(5) two city attorneys recommended by the Minnesota League
of Cities;

(6) two public defenders appointed by the Board of Public
Defense;

(7) two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;

(8) two community corrections administrators recommended by
the Minnesota Association of Counties, one of whom represents a
community corrections act county;

(9) two probation officers;

(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business
community who have expertise in integrated information systems;

(11) two court administrators;

(12) one member of the house of representatives appointed
by the speaker of the house;

(13) one member of the senate appointed by the majority
leader;

(14) the attorney general or a designee;

(15) the deleted text begin commissioner of administration deleted text end new text begin state chief
information officer new text end or a designee;

(16) an individual recommended by the Minnesota League of
Cities; and

(17) an individual recommended by the Minnesota Association
of Counties.

In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.

(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.

Sec. 21.

Minnesota Statutes 2004, section 403.36,
subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The commissioner of
public safety shall convene and chair the Statewide Radio Board
to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be
referred to as "Allied Radio Matrix for Emergency Response," or
"ARMER."

(b) The board consists of the following members or their
designees:

(1) the commissioner of public safety;

(2) the commissioner of transportation;

(3) the deleted text begin commissioner of administration deleted text end new text begin state chief
information officer new text end ;

(4) the commissioner of natural resources;

(5) the chief of the Minnesota State Patrol;

(6) the commissioner of health;

(7) the commissioner of finance;

(8) two elected city officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the League of Minnesota Cities;

(9) two elected county officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the Association of Minnesota Counties;

(10) two sheriffs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing
body of the Minnesota Sheriffs' Association;

(11) two chiefs of police, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the
Minnesota Chiefs' of Police Association;

(12) two fire chiefs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Fire
Chiefs' Association;

(13) two representatives of emergency medical service
providers, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after
considering recommendations made by the Minnesota Ambulance
Association;

(14) the chair of the Metropolitan Radio Board; and

(15) a representative of Greater Minnesota elected by those
units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and
communication plan, who have submitted a plan to the Statewide
Radio Board and where development has been initiated.

(c) The Statewide Radio Board shall coordinate the
appointment of board members representing Greater Minnesota with
the appointing authorities and may designate the geographic
region or regions from which an appointed board member is
selected where necessary to provide representation from
throughout the state.

Sec. 22. new text begin TRANSFER OF DUTIES.
new text end

new text begin Responsibilities of the commissioner of administration for
state telecommunications systems, state information
infrastructure, and electronic conduct of state business under
Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
16B.466; and 16B.467, are transferred to the Office of
Enterprise Technology. All positions in the Office of
Technology and the Intertechnologies Group are transferred to
the Office of Enterprise Technology. Minnesota Statutes,
section 15.039, applies to the transfer of responsibilities in
this section.
new text end

Sec. 23. new text begin REVISOR INSTRUCTION.
new text end

new text begin In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
new text end

new text begin (1) substitute the term "chief information officer" for
"commissioner" and "commissioner of administration" in the
following sections: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
16E.07, subdivision 4;
new text end

new text begin (2) substitute the term "Office of Enterprise Technology"
for the term "Office of Technology"; and
new text end

new text begin (3) recodify the following sections into chapter 16E:
16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 16B.48, subdivision 3;
and 16E.0465, subdivision 3, are repealed.
new text end

Sec. 25. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 24 are effective July 1, 2005.
new text end