1.1                          A bill for an act 
  1.2             relating to state government; creating an Office of 
  1.3             Enterprise Technology; appropriating money; amending 
  1.4             Minnesota Statutes 2004, sections 16B.04, subdivision 
  1.5             2; 16B.48, subdivisions 4, 5; 16E.01, subdivisions 1, 
  1.6             3; 16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 
  1.7             16E.0465, subdivision 2; 16E.055; 16E.07, subdivision 
  1.8             8; 299C.65, subdivisions 1, 2; 403.36, subdivision 1; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 16E; repealing Minnesota Statutes 2004, 
  1.11            sections 16B.48, subdivision 3; 16E.0465, subdivision 
  1.12            3. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1 
  1.15                  OFFICE OF ENTERPRISE TECHNOLOGY 
  1.16     Section 1.  Minnesota Statutes 2004, section 16E.01, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [PURPOSE CREATION; CHIEF INFORMATION 
  1.19  OFFICER.] The Office of Enterprise Technology, referred to in 
  1.20  this chapter as the "office," is under the supervision of the 
  1.21  commissioner of administration an agency in the executive branch 
  1.22  headed by the state chief information officer.  
  1.23     Subd. 1a.  [RESPONSIBILITIES.] The office shall 
  1.24  provide oversight, leadership, and direction for information and 
  1.25  communications technology policy and the management and delivery 
  1.26  of information and communications technology services in 
  1.27  Minnesota.  The office shall coordinate manage strategic 
  1.28  investments in information and communications technology to 
  1.29  encourage the development of a technically literate society and, 
  2.1   to ensure sufficient access to and efficient delivery of 
  2.2   government services, and to maximize benefits for the state 
  2.3   government as an enterprise.  
  2.4      Sec. 2.  Minnesota Statutes 2004, section 16E.01, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [DUTIES.] (a) The office shall: 
  2.7      (1) coordinate manage the efficient and effective use of 
  2.8   available federal, state, local, and private resources to 
  2.9   develop statewide information and communications technology and 
  2.10  its infrastructure; 
  2.11     (2) review approve state agency and intergovernmental 
  2.12  information and communications systems development efforts 
  2.13  involving state or intergovernmental funding, including federal 
  2.14  funding, provide information to the legislature regarding 
  2.15  projects reviewed, and recommend projects for inclusion in the 
  2.16  governor's budget under section 16A.11; 
  2.17     (3) encourage ensure cooperation and collaboration among 
  2.18  state and local governments in developing intergovernmental 
  2.19  communication and information systems, and define the structure 
  2.20  and responsibilities of the Information Policy Council a 
  2.21  representative governance structure; 
  2.22     (4) cooperate and collaborate with the legislative and 
  2.23  judicial branches in the development of information and 
  2.24  communications systems in those branches; 
  2.25     (5) continue the development of North Star, the state's 
  2.26  official comprehensive on-line service and information 
  2.27  initiative; 
  2.28     (6) promote and collaborate with the state's agencies in 
  2.29  the state's transition to an effectively competitive 
  2.30  telecommunications market; 
  2.31     (7) collaborate with entities carrying out education and 
  2.32  lifelong learning initiatives to assist Minnesotans in 
  2.33  developing technical literacy and obtaining access to ongoing 
  2.34  learning resources; 
  2.35     (8) promote and coordinate public information access and 
  2.36  network initiatives, consistent with chapter 13, to connect 
  3.1   Minnesota's citizens and communities to each other, to their 
  3.2   governments, and to the world; 
  3.3      (9) promote and coordinate electronic commerce initiatives 
  3.4   to ensure that Minnesota businesses and citizens can 
  3.5   successfully compete in the global economy; 
  3.6      (10) manage and promote and coordinate the regular and 
  3.7   periodic reinvestment in the core information and communications 
  3.8   technology infrastructure so that state and local government 
  3.9   agencies can effectively and efficiently serve their customers; 
  3.10     (11) facilitate the cooperative development of and ensure 
  3.11  compliance with standards and policies for information systems, 
  3.12  electronic data practices and privacy, and electronic commerce 
  3.13  among international, national, state, and local public and 
  3.14  private organizations; and 
  3.15     (12) work with others to avoid eliminate unnecessary 
  3.16  duplication of existing services provided by other public and 
  3.17  private organizations while building on the existing 
  3.18  governmental, educational, business, health care, and economic 
  3.19  development infrastructures; 
  3.20     (13) identify, sponsor, and develop enterprise and shared 
  3.21  information and communications technology initiatives, services, 
  3.22  system development, and ongoing operations; and 
  3.23     (14) direct planning and execution of shared information 
  3.24  and communications technology initiatives, services, system 
  3.25  developments, and ongoing operations. 
  3.26     (b) The commissioner of administration chief information 
  3.27  officer in consultation with the commissioner of finance may 
  3.28  must determine that when it is cost-effective for agencies to 
  3.29  develop and use shared information and communications technology 
  3.30  systems for the delivery of electronic government 
  3.31  services.  This determination may be made if an agency proposes 
  3.32  a new system that duplicates an existing system, a system in 
  3.33  development, or a system being proposed by another agency.  The 
  3.34  commissioner of administration chief information officer may 
  3.35  require agencies to use shared information and communications 
  3.36  technology and services.  The chief information officer shall 
  4.1   establish reimbursement rates in cooperation with the 
  4.2   commissioner of finance to be billed to agencies and other 
  4.3   governmental entities sufficient to cover the actual 
  4.4   development, operating, maintenance, and administrative costs of 
  4.5   the shared systems.  The methodology for billing may include the 
  4.6   use of interagency agreements, or other means as allowed by law. 
  4.7      (c) At the request of the chief information officer, the 
  4.8   commissioner of administration shall, under section 16B.37, 
  4.9   transfer from state agencies to the Office of Enterprise 
  4.10  Technology employees, powers, and functions the commissioner 
  4.11  deems necessary to the Office of Enterprise Technology. 
  4.12     Sec. 3.  Minnesota Statutes 2004, section 16E.02, is 
  4.13  amended to read: 
  4.14     16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY; STRUCTURE AND 
  4.15  PERSONNEL.] 
  4.16     Subdivision 1.  [OFFICE MANAGEMENT AND STRUCTURE.] (a) The 
  4.17  commissioner of administration chief information officer is 
  4.18  appointed by the governor.  The chief information officer serves 
  4.19  in the unclassified service at the pleasure of the governor.  
  4.20  The chief information officer must have experience leading 
  4.21  enterprise-level information technology organizations.  The 
  4.22  chief information officer is the state's chief information 
  4.23  officer and information and telecommunications technology 
  4.24  advisor to the governor. 
  4.25     (b) The chief information officer may appoint other 
  4.26  employees of the office.  The staff of the office must include 
  4.27  individuals knowledgeable in information and communications 
  4.28  technology.  
  4.29     Subd. 1a.  [ACCOUNTABILITY.] The governor may designate an 
  4.30  official or subgroup within the governor's cabinet to whom the 
  4.31  chief information officer reports.  The chief information 
  4.32  officer is accountable to this person or subgroup for meeting 
  4.33  individual and organizational performance measures. 
  4.34     Subd. 2.  [INTERGOVERNMENTAL PARTICIPATION.] The 
  4.35  commissioner of administration chief information officer or the 
  4.36  commissioner's chief information officer's designee shall serve 
  5.1   as a member of the Minnesota Education Telecommunications 
  5.2   Council, the Geographic Information Systems Council, and the 
  5.3   Library Planning Task Force, or their respective successor 
  5.4   organizations, and as a nonvoting member of Minnesota 
  5.5   Technology, Inc. and the Minnesota Health Data Institute as a 
  5.6   nonvoting member. 
  5.7      Subd. 3.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
  5.8   administration must provide office space and administrative 
  5.9   support services to the office.  The office must reimburse the 
  5.10  commissioner for these services. 
  5.11     Sec. 4.  Minnesota Statutes 2004, section 16E.03, 
  5.12  subdivision 1, is amended to read: 
  5.13     Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
  5.14  16E.03 to 16E.05, the following terms have the meanings given 
  5.15  them. 
  5.16     (a) "Information and communications technology project" 
  5.17  means the development or acquisition of information and 
  5.18  communications technology devices and systems, but does not 
  5.19  include including the state information infrastructure or and 
  5.20  its contractors. 
  5.21     (b) "Data processing device or system" means equipment or 
  5.22  computer programs, including computer hardware, firmware, 
  5.23  software, and communication protocols, used in connection with 
  5.24  the processing of information through electronic data processing 
  5.25  means, and includes data communication devices used in 
  5.26  connection with computer facilities for the transmission of data.
  5.27     (c) "State agency" means an agency in the executive branch 
  5.28  of state government and includes the Minnesota Higher Education 
  5.29  Services Office. 
  5.30     Sec. 5.  Minnesota Statutes 2004, section 16E.03, 
  5.31  subdivision 2, is amended to read: 
  5.32     Subd. 2.  [COMMISSIONER'S CHIEF INFORMATION OFFICER 
  5.33  RESPONSIBILITY.] The commissioner chief information officer 
  5.34  shall coordinate the state's information and communications 
  5.35  technology systems to serve the needs of the state government.  
  5.36  The commissioner chief information officer shall:  
  6.1      (1) coordinate the design of a master plan for information 
  6.2   and communications technology systems in the state and its 
  6.3   political subdivisions and shall report on the plan to the 
  6.4   governor and legislature at the beginning of each regular 
  6.5   session; 
  6.6      (2) coordinate, review, and approve all information and 
  6.7   communications technology plans and contracts and oversee the 
  6.8   state's information and communications systems; 
  6.9      (3) establish and enforce compliance with standards for 
  6.10  information and communications systems that encourage 
  6.11  competition are cost effective and support open systems 
  6.12  environments and that are compatible with state, national, and 
  6.13  international standards; and 
  6.14     (4) maintain a library of systems and programs developed by 
  6.15  the state and its political subdivisions for use by agencies of 
  6.16  government; and 
  6.17     (5) direct and manage the shared operations of the state's 
  6.18  information and communications technology services and systems, 
  6.19  including but not limited to:  application design and 
  6.20  development and computer and network facilities. 
  6.21     Sec. 6.  Minnesota Statutes 2004, section 16E.03, 
  6.22  subdivision 3, is amended to read: 
  6.23     Subd. 3.  [EVALUATION AND APPROVAL.] A state agency may not 
  6.24  undertake an information and communications technology project 
  6.25  until it has been evaluated according to the procedures 
  6.26  developed under subdivision 4.  The governor or governor's 
  6.27  designee chief information officer shall give written approval 
  6.28  of the proposed project.  If the proposed project is not 
  6.29  approved, the commissioner of finance shall cancel the 
  6.30  unencumbered balance of any appropriation allotted for the 
  6.31  project.  This subdivision does not apply to acquisitions or 
  6.32  development of information and communications systems that have 
  6.33  anticipated total cost of less than $100,000.  The Minnesota 
  6.34  State Colleges and Universities shall submit for approval any 
  6.35  project related to acquisitions or development of information 
  6.36  and communications systems that has a total anticipated cost of 
  7.1   more than $250,000. 
  7.2      Sec. 7.  Minnesota Statutes 2004, section 16E.03, 
  7.3   subdivision 7, is amended to read: 
  7.4      Subd. 7.  [DATA CYBER SECURITY SYSTEMS.] In consultation 
  7.5   with the attorney general and appropriate agency heads, the 
  7.6   commissioner chief information officer shall develop data cyber 
  7.7   security policies, guidelines, and standards, and the 
  7.8   commissioner of administration shall install and administer 
  7.9   state data security systems on the state's centralized computer 
  7.10  facility facilities consistent with these policies, guidelines, 
  7.11  standards, and state law to ensure the integrity of 
  7.12  computer-based and other data and to ensure applicable 
  7.13  limitations on access to data, consistent with the public's 
  7.14  right to know as defined in chapter 13.  Each department or 
  7.15  agency head is responsible for the security of the department's 
  7.16  or agency's data within the guidelines of established enterprise 
  7.17  policy. 
  7.18     Sec. 8.  Minnesota Statutes 2004, section 16E.04, is 
  7.19  amended to read: 
  7.20     16E.04 [INFORMATION AND COMMUNICATIONS TECHNOLOGY POLICY.] 
  7.21     Subdivision 1.  [DEVELOPMENT.] The office shall coordinate 
  7.22  with state agencies in developing and establishing develop, 
  7.23  establish, and enforce policies and standards for state agencies 
  7.24  to follow in developing and purchasing information and 
  7.25  communications systems and training appropriate persons in their 
  7.26  use.  The office shall develop, promote, and coordinate manage 
  7.27  state technology, architecture, standards and guidelines, 
  7.28  information needs analysis techniques, contracts for the 
  7.29  purchase of equipment and services, and training of state agency 
  7.30  personnel on these issues. 
  7.31     Subd. 2.  [RESPONSIBILITIES.] (a) In addition to other 
  7.32  activities prescribed by law, the office shall carry out the 
  7.33  duties set out in this subdivision. 
  7.34     (b) The office shall develop and establish a state 
  7.35  information architecture to ensure that further state agency 
  7.36  development and purchase of information and communications 
  8.1   systems, equipment, and services is designed to ensure that 
  8.2   individual agency information systems complement and do not 
  8.3   needlessly duplicate or conflict with the systems of other 
  8.4   agencies.  When state agencies have need for the same or similar 
  8.5   public data, the commissioner chief information officer, in 
  8.6   coordination with the affected agencies, shall promote manage 
  8.7   the most efficient and cost-effective method of producing and 
  8.8   storing data for or sharing data between those agencies.  The 
  8.9   development of this information architecture must include the 
  8.10  establishment of standards and guidelines to be followed by 
  8.11  state agencies.  The office shall ensure compliance with the 
  8.12  architecture. 
  8.13     (c) The office shall assist state agencies in the planning 
  8.14  and management of information systems so that an individual 
  8.15  information system reflects and supports the state agency's 
  8.16  mission and the state's requirements and functions.  The office 
  8.17  shall review and approve agency strategic plans to ensure 
  8.18  consistency with enterprise information and communications 
  8.19  technology strategy. 
  8.20     (d) The office shall review and approve agency requests for 
  8.21  legislative appropriations for the development or purchase of 
  8.22  information systems equipment or software. 
  8.23     (e) The office shall review major purchases of information 
  8.24  systems equipment to: 
  8.25     (1) ensure that the equipment follows the standards and 
  8.26  guidelines of the state information architecture; 
  8.27     (2) ensure that the equipment is consistent with the 
  8.28  information management principles adopted by the Information 
  8.29  Policy Council; 
  8.30     (3) evaluate whether the agency's proposed purchase 
  8.31  reflects a cost-effective policy regarding volume purchasing; 
  8.32  and 
  8.33     (4) (3) ensure that the equipment is consistent with other 
  8.34  systems in other state agencies so that data can be shared among 
  8.35  agencies, unless the office determines that the agency 
  8.36  purchasing the equipment has special needs justifying the 
  9.1   inconsistency. 
  9.2      (f) The office shall review the operation of information 
  9.3   systems by state agencies and provide advice and assistance to 
  9.4   ensure that these systems are operated efficiently and 
  9.5   continually meet the standards and guidelines established by the 
  9.6   office.  The standards and guidelines must emphasize 
  9.7   uniformity that is cost-effective for the enterprise, that 
  9.8   encourages information interchange, open systems environments, 
  9.9   and portability of information whenever practicable and 
  9.10  consistent with an agency's authority and chapter 13.  
  9.11     (g) The office shall conduct a comprehensive review at 
  9.12  least every three years of the information systems investments 
  9.13  that have been made by state agencies and higher education 
  9.14  institutions.  The review must include recommendations on any 
  9.15  information systems applications that could be provided in a 
  9.16  more cost-beneficial manner by an outside source.  The office 
  9.17  must report the results of its review to the legislature and the 
  9.18  governor. 
  9.19     Subd. 3.  [RISK ASSESSMENT AND MITIGATION.] (a) A risk 
  9.20  assessment and risk mitigation plan are required for an all 
  9.21  information systems development project estimated to cost more 
  9.22  than $1,000,000 that is projects undertaken by a state agency in 
  9.23  the executive or judicial branch or by a constitutional officer. 
  9.24  The commissioner of administration chief information officer 
  9.25  must contract with an entity outside of state government to 
  9.26  conduct the initial assessment and prepare the mitigation plan 
  9.27  for a project estimated to cost more than $5,000,000.  The 
  9.28  outside entity conducting the risk assessment and preparing the 
  9.29  mitigation plan must not have any other direct or indirect 
  9.30  financial interest in the project.  The risk assessment and risk 
  9.31  mitigation plan must provide for periodic monitoring by the 
  9.32  commissioner until the project is completed. 
  9.33     (b) The risk assessment and risk mitigation plan must be 
  9.34  paid for with money appropriated for the information systems 
  9.35  development project.  The commissioner of finance shall ensure 
  9.36  that no more than ten percent of the amount anticipated to be 
 10.1   spent on the project, other than the money spent on the risk 
 10.2   assessment and risk mitigation plan, may be is spent until the 
 10.3   risk assessment and mitigation plan are reported to 
 10.4   the commissioner of administration chief information officer and 
 10.5   the commissioner chief information officer has approved the risk 
 10.6   mitigation plan.  
 10.7      Sec. 9.  Minnesota Statutes 2004, section 16E.0465, 
 10.8   subdivision 2, is amended to read: 
 10.9      Subd. 2.  [REQUIRED REVIEW AND APPROVAL.] (a) A state 
 10.10  agency receiving an appropriation for an information and 
 10.11  communications technology project or data processing device or 
 10.12  system subject to this section must divide the project into 
 10.13  phases. 
 10.14     (b) The commissioner of finance may not authorize the 
 10.15  encumbrance or expenditure of an appropriation of state funds to 
 10.16  a state agency for any phase of a project, device, or system 
 10.17  subject to this section unless the Office of Enterprise 
 10.18  Technology has reviewed each phase of the project, device, or 
 10.19  system, and based on this review, the commissioner of 
 10.20  administration chief information officer has determined for each 
 10.21  phase that:  
 10.22     (1) the project is compatible with the state information 
 10.23  architecture and other policies and standards established by the 
 10.24  commissioner of administration chief information officer; and 
 10.25     (2) the agency is able to accomplish the goals of the phase 
 10.26  of the project with the funds appropriated; and 
 10.27     (3) the project supports the enterprise information 
 10.28  technology strategy. 
 10.29     Sec. 10.  Minnesota Statutes 2004, section 16E.055, is 
 10.30  amended to read: 
 10.31     16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.] 
 10.32     A state agency that implements electronic government 
 10.33  services for fees, licenses, sales, or other purposes must use a 
 10.34  common Web page format approved by the commissioner of 
 10.35  administration for those electronic government services.  The 
 10.36  commissioner may create a the single entry site created by the 
 11.1   chief information officer for all agencies to use for electronic 
 11.2   government services.  
 11.3      Sec. 11.  Minnesota Statutes 2004, section 16E.07, 
 11.4   subdivision 8, is amended to read: 
 11.5      Subd. 8.  [SECURE TRANSACTION SYSTEM.] The office shall 
 11.6   plan and develop a secure transaction system to support delivery 
 11.7   of government services electronically.  A state agency that 
 11.8   implements electronic government services for fees, licenses, 
 11.9   sales, or other purposes must use the secure transaction system 
 11.10  developed in accordance with this section. 
 11.11     Sec. 12.  [16E.14] [ENTERPRISE TECHNOLOGY REVOLVING FUND.] 
 11.12     Subdivision 1.  [FUND.] Money in the enterprise technology 
 11.13  revolving fund is appropriated annually to the chief information 
 11.14  officer to operate information and telecommunications services, 
 11.15  including management, consultation, and design services. 
 11.16     Subd. 2.  [REIMBURSEMENTS.] Except as specifically provided 
 11.17  otherwise by law, each agency shall reimburse the enterprise 
 11.18  technology revolving fund for the cost of all services, 
 11.19  supplies, materials, labor, and depreciation of equipment, 
 11.20  including reasonable overhead costs, which the chief information 
 11.21  officer is authorized and directed to furnish an agency.  The 
 11.22  chief information officer shall report the rates to be charged 
 11.23  for the revolving fund no later than July 1 each year to the 
 11.24  chair of the committee or division in the senate and house of 
 11.25  representatives with primary jurisdiction over the budget of the 
 11.26  Office of Enterprise Technology.  The commissioner of finance 
 11.27  shall make appropriate transfers to the revolving fund when 
 11.28  requested by the chief information officer.  The chief 
 11.29  information officer may make allotments, encumbrances, and, with 
 11.30  the approval of the commissioner of finance, disbursements in 
 11.31  anticipation of such transfers.  In addition, the chief 
 11.32  information officer, with the approval of the commissioner of 
 11.33  finance, may require an agency to make advance payments to the 
 11.34  revolving fund sufficient to cover the office's estimated 
 11.35  obligation for a period of at least 60 days.  All reimbursements 
 11.36  and other money received by the chief information officer under 
 12.1   this section must be deposited in the enterprise technology 
 12.2   revolving fund.  If the enterprise technology revolving fund is 
 12.3   abolished or liquidated, the total net profit from the operation 
 12.4   of the fund must be distributed to the various funds from which 
 12.5   purchases were made.  The amount to be distributed to each fund 
 12.6   must bear to the net profit the same ratio as the total 
 12.7   purchases from each fund bears to the total purchases from all 
 12.8   the funds during the same period of time. 
 12.9                              ARTICLE 2 
 12.10             TRANSFER OF DUTIES AND CONFORMING CHANGES 
 12.11     Section 1.  Minnesota Statutes 2004, section 16B.04, 
 12.12  subdivision 2, is amended to read: 
 12.13     Subd. 2.  [POWERS AND DUTIES, GENERAL.] Subject to other 
 12.14  provisions of this chapter, the commissioner is authorized to:  
 12.15     (1) supervise, control, review, and approve all state 
 12.16  contracts and purchasing; 
 12.17     (2) provide agencies with supplies and equipment and 
 12.18  operate all central store or supply rooms serving more than one 
 12.19  agency; 
 12.20     (3) approve all computer plans and contracts, and oversee 
 12.21  the state's data processing system; 
 12.22     (4) investigate and study the management and organization 
 12.23  of agencies, and reorganize them when necessary to ensure their 
 12.24  effective and efficient operation; 
 12.25     (5) (4) manage and control state property, real and 
 12.26  personal; 
 12.27     (6) (5) maintain and operate all state buildings, as 
 12.28  described in section 16B.24, subdivision 1; 
 12.29     (7) (6) supervise, control, review, and approve all capital 
 12.30  improvements to state buildings and the capitol building and 
 12.31  grounds; 
 12.32     (8) (7) provide central duplicating, printing, and mail 
 12.33  facilities; 
 12.34     (9) (8) oversee publication of official documents and 
 12.35  provide for their sale; 
 12.36     (10) (9) manage and operate parking facilities for state 
 13.1   employees and a central motor pool for travel on state business; 
 13.2      (11) (10) establish and administer a State Building Code; 
 13.3   and 
 13.4      (12) (11) provide rental space within the capitol complex 
 13.5   for a private day care center for children of state employees.  
 13.6   The commissioner shall contract for services as provided in this 
 13.7   chapter.  The commissioner shall report back to the legislature 
 13.8   by October 1, 1984, with the recommendation to implement the 
 13.9   private day care operation.  
 13.10     Sec. 2.  Minnesota Statutes 2004, section 16B.48, 
 13.11  subdivision 4, is amended to read: 
 13.12     Subd. 4.  [REIMBURSEMENTS.] Except as specifically provided 
 13.13  otherwise by law, each agency shall reimburse intertechnologies 
 13.14  and the general services revolving funds for the cost of all 
 13.15  services, supplies, materials, labor, and depreciation of 
 13.16  equipment, including reasonable overhead costs, which the 
 13.17  commissioner is authorized and directed to furnish an agency.  
 13.18  The cost of all publications or other materials produced by the 
 13.19  commissioner and financed from the general services revolving 
 13.20  fund must include reasonable overhead costs.  The commissioner 
 13.21  of administration shall report the rates to be charged for each 
 13.22  the general services revolving fund funds no later than July 1 
 13.23  each year to the chair of the committee or division in the 
 13.24  senate and house of representatives with primary jurisdiction 
 13.25  over the budget of the Department of Administration.  The 
 13.26  commissioner of finance shall make appropriate transfers to the 
 13.27  revolving funds described in this section when requested by the 
 13.28  commissioner of administration.  The commissioner of 
 13.29  administration may make allotments, encumbrances, and, with the 
 13.30  approval of the commissioner of finance, disbursements in 
 13.31  anticipation of such transfers.  In addition, the commissioner 
 13.32  of administration, with the approval of the commissioner of 
 13.33  finance, may require an agency to make advance payments to the 
 13.34  revolving funds in this section sufficient to cover the agency's 
 13.35  estimated obligation for a period of at least 60 days.  All 
 13.36  reimbursements and other money received by the commissioner of 
 14.1   administration under this section must be deposited in the 
 14.2   appropriate revolving fund.  Any earnings remaining in the fund 
 14.3   established to account for the documents service prescribed by 
 14.4   section 16B.51 at the end of each fiscal year not otherwise 
 14.5   needed for present or future operations, as determined by the 
 14.6   commissioners of administration and finance, must be transferred 
 14.7   to the general fund.  
 14.8      Sec. 3.  Minnesota Statutes 2004, section 16B.48, 
 14.9   subdivision 5, is amended to read: 
 14.10     Subd. 5.  [LIQUIDATION.] If the intertechnologies or 
 14.11  general services revolving fund is funds are abolished or 
 14.12  liquidated, the total net profit from the operation of each fund 
 14.13  must be distributed to the various funds from which purchases 
 14.14  were made.  The amount to be distributed to each fund must bear 
 14.15  to the net profit the same ratio as the total purchases from 
 14.16  each fund bears to the total purchases from all the funds during 
 14.17  the same period of time.  
 14.18     Sec. 4.  Minnesota Statutes 2004, section 299C.65, 
 14.19  subdivision 1, is amended to read: 
 14.20     Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
 14.21  Juvenile Justice Information Policy Group consists of the 
 14.22  commissioner of corrections, the commissioner of public safety, 
 14.23  the commissioner of administration state chief information 
 14.24  officer, the commissioner of finance, and four members of the 
 14.25  judicial branch appointed by the chief justice of the Supreme 
 14.26  Court.  The policy group may appoint additional, nonvoting 
 14.27  members as necessary from time to time. 
 14.28     (b) The commissioner of public safety is designated as the 
 14.29  chair of the policy group.  The commissioner and the policy 
 14.30  group have overall responsibility for the successful completion 
 14.31  of statewide criminal justice information system integration 
 14.32  (CriMNet).  The policy group may hire a program manager to 
 14.33  manage the CriMNet projects and to be responsible for the 
 14.34  day-to-day operations of CriMNet.  The policy group must ensure 
 14.35  that generally accepted project management techniques are 
 14.36  utilized for each CriMNet project, including: 
 15.1      (1) clear sponsorship; 
 15.2      (2) scope management; 
 15.3      (3) project planning, control, and execution; 
 15.4      (4) continuous risk assessment and mitigation; 
 15.5      (5) cost management; 
 15.6      (6) quality management reviews; 
 15.7      (7) communications management; and 
 15.8      (8) proven methodology. 
 15.9      (c) Products and services for CriMNet project management, 
 15.10  system design, implementation, and application hosting must be 
 15.11  acquired using an appropriate procurement process, which 
 15.12  includes: 
 15.13     (1) a determination of required products and services; 
 15.14     (2) a request for proposal development and identification 
 15.15  of potential sources; 
 15.16     (3) competitive bid solicitation, evaluation, and 
 15.17  selection; and 
 15.18     (4) contract administration and close-out. 
 15.19     (d) The policy group shall study and make recommendations 
 15.20  to the governor, the Supreme Court, and the legislature on:  
 15.21     (1) a framework for integrated criminal justice information 
 15.22  systems, including the development and maintenance of a 
 15.23  community data model for state, county, and local criminal 
 15.24  justice information; 
 15.25     (2) the responsibilities of each entity within the criminal 
 15.26  and juvenile justice systems concerning the collection, 
 15.27  maintenance, dissemination, and sharing of criminal justice 
 15.28  information with one another; 
 15.29     (3) actions necessary to ensure that information maintained 
 15.30  in the criminal justice information systems is accurate and 
 15.31  up-to-date; 
 15.32     (4) the development of an information system containing 
 15.33  criminal justice information on gross misdemeanor-level and 
 15.34  felony-level juvenile offenders that is part of the integrated 
 15.35  criminal justice information system framework; 
 15.36     (5) the development of an information system containing 
 16.1   criminal justice information on misdemeanor arrests, 
 16.2   prosecutions, and convictions that is part of the integrated 
 16.3   criminal justice information system framework; 
 16.4      (6) comprehensive training programs and requirements for 
 16.5   all individuals in criminal justice agencies to ensure the 
 16.6   quality and accuracy of information in those systems; 
 16.7      (7) continuing education requirements for individuals in 
 16.8   criminal justice agencies who are responsible for the 
 16.9   collection, maintenance, dissemination, and sharing of criminal 
 16.10  justice data; 
 16.11     (8) a periodic audit process to ensure the quality and 
 16.12  accuracy of information contained in the criminal justice 
 16.13  information systems; 
 16.14     (9) the equipment, training, and funding needs of the state 
 16.15  and local agencies that participate in the criminal justice 
 16.16  information systems; 
 16.17     (10) the impact of integrated criminal justice information 
 16.18  systems on individual privacy rights; 
 16.19     (11) the impact of proposed legislation on the criminal 
 16.20  justice system, including any fiscal impact, need for training, 
 16.21  changes in information systems, and changes in processes; 
 16.22     (12) the collection of data on race and ethnicity in 
 16.23  criminal justice information systems; 
 16.24     (13) the development of a tracking system for domestic 
 16.25  abuse orders for protection; 
 16.26     (14) processes for expungement, correction of inaccurate 
 16.27  records, destruction of records, and other matters relating to 
 16.28  the privacy interests of individuals; and 
 16.29     (15) the development of a database for extended 
 16.30  jurisdiction juvenile records and whether the records should be 
 16.31  public or private and how long they should be retained.  
 16.32     Sec. 5.  Minnesota Statutes 2004, section 299C.65, 
 16.33  subdivision 2, is amended to read: 
 16.34     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
 16.35  file an annual report with the governor, Supreme Court, and 
 16.36  chairs and ranking minority members of the senate and house 
 17.1   committees and divisions with jurisdiction over criminal justice 
 17.2   funding and policy by December 1 of each year.  
 17.3      (b) The report must make recommendations concerning any 
 17.4   legislative changes or appropriations that are needed to ensure 
 17.5   that the criminal justice information systems operate accurately 
 17.6   and efficiently.  To assist them in developing their 
 17.7   recommendations, the policy group shall appoint a task force 
 17.8   consisting of its members or their designees and the following 
 17.9   additional members:  
 17.10     (1) the director of the Office of Strategic and Long-Range 
 17.11  Planning; 
 17.12     (2) two sheriffs recommended by the Minnesota Sheriffs 
 17.13  Association; 
 17.14     (3) two police chiefs recommended by the Minnesota Chiefs 
 17.15  of Police Association; 
 17.16     (4) two county attorneys recommended by the Minnesota 
 17.17  County Attorneys Association; 
 17.18     (5) two city attorneys recommended by the Minnesota League 
 17.19  of Cities; 
 17.20     (6) two public defenders appointed by the Board of Public 
 17.21  Defense; 
 17.22     (7) two district judges appointed by the Conference of 
 17.23  Chief Judges, one of whom is currently assigned to the juvenile 
 17.24  court; 
 17.25     (8) two community corrections administrators recommended by 
 17.26  the Minnesota Association of Counties, one of whom represents a 
 17.27  community corrections act county; 
 17.28     (9) two probation officers; 
 17.29     (10) four public members, one of whom has been a victim of 
 17.30  crime, and two who are representatives of the private business 
 17.31  community who have expertise in integrated information systems; 
 17.32     (11) two court administrators; 
 17.33     (12) one member of the house of representatives appointed 
 17.34  by the speaker of the house; 
 17.35     (13) one member of the senate appointed by the majority 
 17.36  leader; 
 18.1      (14) the attorney general or a designee; 
 18.2      (15) the commissioner of administration state chief 
 18.3   information officer or a designee; 
 18.4      (16) an individual recommended by the Minnesota League of 
 18.5   Cities; and 
 18.6      (17) an individual recommended by the Minnesota Association 
 18.7   of Counties. 
 18.8   In making these appointments, the appointing authority shall 
 18.9   select members with expertise in integrated data systems or best 
 18.10  practices.  
 18.11     (c) The commissioner of public safety may appoint 
 18.12  additional, nonvoting members to the task force as necessary 
 18.13  from time to time. 
 18.14     Sec. 6.  Minnesota Statutes 2004, section 403.36, 
 18.15  subdivision 1, is amended to read: 
 18.16     Subdivision 1.  [MEMBERSHIP.] (a) The commissioner of 
 18.17  public safety shall convene and chair the Statewide Radio Board 
 18.18  to develop a project plan for a statewide, shared, trunked 
 18.19  public safety radio communication system.  The system may be 
 18.20  referred to as "Allied Radio Matrix for Emergency Response," or 
 18.21  "ARMER." 
 18.22     (b) The board consists of the following members or their 
 18.23  designees: 
 18.24     (1) the commissioner of public safety; 
 18.25     (2) the commissioner of transportation; 
 18.26     (3) the commissioner of administration state chief 
 18.27  information officer; 
 18.28     (4) the commissioner of natural resources; 
 18.29     (5) the chief of the Minnesota State Patrol; 
 18.30     (6) the commissioner of health; 
 18.31     (7) the commissioner of finance; 
 18.32     (8) two elected city officials, one from the nine-county 
 18.33  metropolitan area and one from Greater Minnesota, appointed by 
 18.34  the governing body of the League of Minnesota Cities; 
 18.35     (9) two elected county officials, one from the nine-county 
 18.36  metropolitan area and one from Greater Minnesota, appointed by 
 19.1   the governing body of the Association of Minnesota Counties; 
 19.2      (10) two sheriffs, one from the nine-county metropolitan 
 19.3   area and one from Greater Minnesota, appointed by the governing 
 19.4   body of the Minnesota Sheriffs' Association; 
 19.5      (11) two chiefs of police, one from the nine-county 
 19.6   metropolitan area and one from Greater Minnesota, appointed by 
 19.7   the governor after considering recommendations made by the 
 19.8   Minnesota Chiefs' of Police Association; 
 19.9      (12) two fire chiefs, one from the nine-county metropolitan 
 19.10  area and one from Greater Minnesota, appointed by the governor 
 19.11  after considering recommendations made by the Minnesota Fire 
 19.12  Chiefs' Association; 
 19.13     (13) two representatives of emergency medical service 
 19.14  providers, one from the nine-county metropolitan area and one 
 19.15  from Greater Minnesota, appointed by the governor after 
 19.16  considering recommendations made by the Minnesota Ambulance 
 19.17  Association; 
 19.18     (14) the chair of the Metropolitan Radio Board; and 
 19.19     (15) a representative of Greater Minnesota elected by those 
 19.20  units of government in phase three and any subsequent phase of 
 19.21  development as defined in the statewide, shared radio and 
 19.22  communication plan, who have submitted a plan to the Statewide 
 19.23  Radio Board and where development has been initiated. 
 19.24     (c) The Statewide Radio Board shall coordinate the 
 19.25  appointment of board members representing Greater Minnesota with 
 19.26  the appointing authorities and may designate the geographic 
 19.27  region or regions from which an appointed board member is 
 19.28  selected where necessary to provide representation from 
 19.29  throughout the state.  
 19.30     Sec. 7.  [TRANSFER OF DUTIES.] 
 19.31     Responsibilities of the commissioner of administration for 
 19.32  state telecommunications systems, state information 
 19.33  infrastructure, and electronic conduct of state business under 
 19.34  Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 
 19.35  16B.466; and 16B.467, are transferred to the Office of 
 19.36  Enterprise Technology.  All positions in the Office of 
 20.1   Technology and the Intertechnologies Group are transferred to 
 20.2   the Office of Enterprise Technology. 
 20.3      Sec. 8.  [REVISOR INSTRUCTION.] 
 20.4      In the next and subsequent editions of Minnesota Statutes, 
 20.5   the revisor of statutes shall: 
 20.6      (1) substitute the term "chief information officer" for 
 20.7   "commissioner" and "commissioner of administration" in the 
 20.8   following sections of Minnesota Statutes:  16B.405; 16B.44; 
 20.9   16B.46; 16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6, 
 20.10  and 8; 16E.035; and 16E.07, subdivision 4; 
 20.11     (2) substitute the term "Office of Enterprise Technology" 
 20.12  for the term "Office of Technology" in Minnesota Statutes; and 
 20.13     (3) recodify the following sections of Minnesota Statutes 
 20.14  into Minnesota Statutes, chapter 16E:  16B.405; 16B.44; 16B.46; 
 20.15  16B.465; 16B.466; and 16B.467. 
 20.16     Sec. 9.  [REPEALER.] 
 20.17     Minnesota Statutes 2004, sections 16B.48, subdivision 3; 
 20.18  and 16E.0465, subdivision 3, are repealed. 
 20.19     Sec. 10.  [EFFECTIVE DATE.] 
 20.20     Sections 1 to 9 are effective July 1, 2005.