1.1 	A bill for an act
1.2 	relating to state government; creating the Office of
1.3 	Technology as a state agency; assigning duties;
1.4 	providing for a chief information officer;
1.5 	appropriating money; amending Minnesota Statutes 2004,
1.6 	sections 15.06, subdivision 1; 16B.04, subdivision 2;
1.7 	16B.48, subdivisions 4, 5; 16E.01, subdivisions 1, 3;
1.8 	16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04;
1.9 	16E.0465, subdivisions 1, 2; 16E.055; 16E.07,
1.10 	subdivision 8; 43A.08, subdivision 1a; 204B.14,
1.11 	subdivision 5; 299C.65, subdivisions 1, 2; 403.36,
1.12 	subdivision 1; 414.01, by adding a subdivision;
1.13 	proposing coding for new law in Minnesota Statutes,
1.14 	chapters 16E; 414; repealing Minnesota Statutes 2004,
1.15 	sections 16B.48, subdivision 3; 16E.0465, subdivision
1.16 	3.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1

1.19 	Section 1. Minnesota Statutes 2004, section 16E.01,
1.20 	subdivision 1, is amended to read:
1.21 		Subdivision 1.purpose creation; chief information
1.22 	officer.  The Office of Technology, referred to in this chapter
1.23 	as the "office," is under the supervision of the commissioner of
1.24 	administration an agency in the executive branch headed by the
1.25 	state chief information officer.
1.26 		Subd. 1a.Responsibilities. The office shall
1.27 	provide oversight,leadership,and direction for information and
1.28 	communications telecommunications technology policy and the
1.29 	management, delivery, and security of information and
1.30 	telecommunications technology systems and services in
1.31 	Minnesota.  The office shall coordinate manage strategic
2.1 	investments in information and communications telecommunications 
2.2 	technology systems and services to encourage the development of
2.3 	a technically literate society and ,to ensure sufficient access
2.4 	to and efficient delivery of government services, and to
2.5 	maximize benefits for the state government as an enterprise.

2.6 	Sec. 2. Minnesota Statutes 2004, section 16E.01,
2.7 	subdivision 3, is amended to read:
2.8 		Subd. 3.Duties.  (a) The office shall:
2.9 	(1) coordinate manage the efficient and effective use of
2.10 	available federal, state, local, and private public-private 
2.11 	resources to develop statewide information and communications 
2.12 	technology systems and services and its infrastructure;
2.13 	(2) review approve state agency and intergovernmental
2.14 	information and communications telecommunications technology 
2.15 	systems and services development efforts involving state or
2.16 	intergovernmental funding, including federal funding, provide
2.17 	information to the legislature regarding projects reviewed, and
2.18 	recommend projects for inclusion in the governor's budget under
2.19 	section 16A.11;
2.20 	(3) encourage ensure cooperation and collaboration among
2.21 	state and local governments in developing intergovernmental
2.22 	communication and information and telecommunications technology 
2.23 	systems and services, and define the structure and
2.24 	responsibilities of the Information Policy Council a
2.25 	representative governance structure;
2.26 	(4) cooperate and collaborate with the legislative and
2.27 	judicial branches in the development of information and
2.28 	communications systems in those branches;
2.29 	(5) continue the development of North Star, the state's
2.30 	official comprehensive on-line service and information
2.31 	initiative;
2.32 	(6) promote and collaborate with the state's agencies in
2.33 	the state's transition to an effectively competitive
2.34 	telecommunications market;
2.35 	(7) collaborate with entities carrying out education and
2.36 	lifelong learning initiatives to assist Minnesotans in
3.1 	developing technical literacy and obtaining access to ongoing
3.2 	learning resources;
3.3 	(8) promote and coordinate public information access and
3.4 	network initiatives, consistent with chapter 13, to connect
3.5 	Minnesota's citizens and communities to each other, to their
3.6 	governments, and to the world;
3.7 	(9) promote and coordinate electronic commerce initiatives
3.8 	to ensure that Minnesota businesses and citizens can
3.9 	successfully compete in the global economy;
3.10 	(10) manage and promote and coordinate the regular and
3.11 	periodic reinvestment in the core information and communications 
3.12 	telecommunications technology systems and services 
3.13 	infrastructure so that state and local government agencies can
3.14 	effectively and efficiently serve their customers;
3.15 	(11) facilitate the cooperative development of and ensure
3.16 	compliance with standards and policies for information and
3.17 	telecommunications technology systems and services, electronic
3.18 	data practices and privacy, and electronic commerce among
3.19 	international, national, state, and local public and private
3.20 	organizations; and 
3.21 	(12) work with others to avoid eliminate unnecessary
3.22 	duplication of existing information and telecommunications
3.23 	technology systems and services provided by other public and
3.24 	private organizations while building on the existing
3.25 	governmental, educational, business, health care, and economic
3.26 	development infrastructures;
3.27 	(13) identify, sponsor, develop, and execute shared
3.28 	information and telecommunications technology projects and
3.29 	ongoing operations; and 
3.30 	(14) ensure overall security of the state's information and
3.31 	technology systems and services.
3.32 	(b) The commissioner of administration chief information
3.33 	officer in consultation with the commissioner of finance may 
3.34 	must determine that when it is cost-effective for agencies to
3.35 	develop and use shared information and
3.36 	communications telecommunications technology systems and
4.1 	services for the delivery of electronic government
4.2 	services. This determination may be made if an agency proposes
4.3 	a new system that duplicates an existing system, a system in
4.4 	development, or a system being proposed by another agency.The
4.5 	commissioner of administration chief information officer may
4.6 	require agencies to use shared information and
4.7 	telecommunications technology systems and services.  The chief
4.8 	information officer shall establish reimbursement rates in
4.9 	cooperation with the commissioner of finance to be billed to
4.10 	agencies and other governmental entities sufficient to cover the
4.11 	actual development, operating, maintenance, and administrative
4.12 	costs of the shared systems.  The methodology for billing may
4.13 	include the use of interagency agreements, or other means as
4.14 	allowed by law.

4.15 	Sec. 3. Minnesota Statutes 2004, section 16E.02, is
4.16 	amended to read:
4.17 	16E.02 OFFICE OF TECHNOLOGY;STRUCTURE AND PERSONNEL.
4.18 		Subdivision 1.Office management and structure. (a) The
4.19 	commissioner of administration chief information officer is
4.20 	appointed by the governor.  The chief information officer serves
4.21 	in the unclassified service at the pleasure of the governor.
4.22 	The chief information officer must have experience leading
4.23 	enterprise-level information technology organizations.  The
4.24 	chief information officer is the state's chief information
4.25 	officer and information and telecommunications technology
4.26 	advisor to the governor.
4.27 	(b) The chief information officer may appoint other
4.28 	employees of the office.The staff of the office must include
4.29 	individuals knowledgeable in information and communications 
4.30 	telecommunications technology systems and services, and
4.31 	individuals with specialized training in information security.
4.32 		Subd. 1a.Accountability. The chief information officer
4.33 	reports to the governor.  The chief information officer must
4.34 	consult regularly with the commissioners of administration,
4.35 	finance, human services, revenue, and other commissioners as
4.36 	designated by the governor.
5.1 		Subd. 2.Intergovernmental participation. The
5.2 	commissioner of administration chief information officer or the
5.3 	commissioner's chief information officer's designee shall serve
5.4 	as a member of the Minnesota Education Telecommunications
5.5 	Council,the Geographic Information Systems Council,and the
5.6 	Library Planning Task Force,or their respective successor
5.7 	organizations,and as a nonvoting member of Minnesota
5.8 	Technology, Inc. and the Minnesota Health Data Institute as a
5.9 	nonvoting member.
5.10 		Subd. 3.Administrative support. The commissioner of
5.11 	administration must provide office space and administrative
5.12 	support services to the office.  The office must reimburse the
5.13 	commissioner for these services.

5.14 	Sec. 4. Minnesota Statutes 2004, section 16E.03,
5.15 	subdivision 1, is amended to read:
5.16 		Subdivision 1.Definitions.  For the purposes of sections
5.17 	16E.03 to 16E.05chapter 16E, the following terms have the
5.18 	meanings given them.
5.19 	(a) "Information and telecommunications technology systems
5.20 	and services" means all computing and telecommunications
5.21 	hardware and software, the activities undertaken to secure that
5.22 	hardware and software, and the activities undertaken to acquire,
5.23 	transport, process, analyze, store, and disseminate information
5.24 	electronically.  "Information and telecommunications technology
5.25 	systems and services" includes all proposed expenditures for
5.26 	computing and telecommunications hardware and software, security
5.27 	for that hardware and software, and related consulting or other
5.28 	professional services.
5.29 	(b) "Information and communications telecommunications 
5.30 	technology project" means the development or acquisition of
5.31 	information and communications technology devices and systems,
5.32 	but does not include the state information infrastructure or its
5.33 	contractors.
5.34 	(b) "Data processing device or system" means equipment or
5.35 	computer programs, including computer hardware, firmware,
5.36 	software, and communication protocols, used in connection with
6.1 	the processing of information through electronic data processing
6.2 	means, and includes data communication devices used in
6.3 	connection with computer facilities for the transmission of data 
6.4 	an effort to acquire or produce information and
6.5 	telecommunications technology systems and services.
6.6 	(c) "Telecommunications" means voice, video, and data
6.7 	electronic transmissions transported by wire, wireless,
6.8 	fiber-optic, radio, or other available transport technology.
6.9 	(d) "Cyber security" means the protection of data and
6.10 	systems in networks connected to the Internet.
6.11 	(c) (e) "State agency" means an agency in the executive
6.12 	branch of state government and includes the Minnesota Higher
6.13 	Education Services Office. Unless specifically provided
6.14 	elsewhere in this chapter, state agency or agency does not
6.15 	include the Minnesota State Colleges and Universities.

6.16 	Sec. 5. Minnesota Statutes 2004, section 16E.03,
6.17 	subdivision 2, is amended to read:
6.18 		Subd. 2.commissioner's chief information officer 
6.19 	responsibility.  The commissioner chief information officer 
6.20 	shall coordinate the state's information and communications 
6.21 	telecommunications technology systems and services to serve the
6.22 	needs of the state government.  The commissioner chief
6.23 	information officer shall:
6.24 	(1) coordinate the design of a master plan for information
6.25 	and communications telecommunications technology systems and
6.26 	services in the state and its political subdivisions and shall
6.27 	report on the plan to the governor and legislature at the
6.28 	beginning of each regular session;
6.29 	(2) coordinate, review, and approve all information and
6.30 	communications telecommunications technology plans and contracts 
6.31 	projects and oversee the state's information and communications 
6.32 	telecommunications technology systems and services;
6.33 	(3) establish and enforce compliance with standards for
6.34 	information and communications telecommunications technology 
6.35 	systems and services that encourage competition are cost
6.36 	effective and support open systems environments and that are
7.1 	compatible with state,national,and international
7.2 	standards; and 
7.3 	(4) maintain a library of systems and programs developed by
7.4 	the state and its political subdivisions for use by agencies of
7.5 	government;
7.6 	(5) direct and manage the shared operations of the state's
7.7 	information and telecommunications technology systems and
7.8 	services; and 
7.9 	(6) establish and enforce standards and ensure acquisition
7.10 	of hardware and software necessary to protect data and systems
7.11 	in state agency networks connected to the Internet.

7.12 	Sec. 6. Minnesota Statutes 2004, section 16E.03,
7.13 	subdivision 3, is amended to read:
7.14 		Subd. 3.Evaluation and approval.  A state agency may not
7.15 	undertake an information and communications telecommunications 
7.16 	technology project until it has been evaluated according to the
7.17 	procedures developed under subdivision 4.  The governor or
7.18 	governor's designee chief information officer shall give written
7.19 	approval of the proposed project. If the proposed project is 
7.20 	When notified by the chief information officer that a project
7.21 	has not been approved, the commissioner of finance shall cancel
7.22 	the unencumbered balance of any appropriation allotted for the
7.23 	project. This subdivision does not apply to acquisitions or
7.24 	development of information and communications systems that have
7.25 	anticipated total cost of less than $100,000.  The Minnesota
7.26 	State Colleges and Universities shall submit for approval any
7.27 	project related to acquisitions or development of information
7.28 	and communications systems that has a total anticipated cost of
7.29 	more than $250,000.

7.30 	Sec. 7. Minnesota Statutes 2004, section 16E.03,
7.31 	subdivision 7, is amended to read:
7.32 		Subd. 7.data cyber security systems.  In consultation
7.33 	with the attorney general and appropriate agency heads, the
7.34 	commissioner chief information officer shall develop data cyber 
7.35 	security policies, guidelines, and standards, and the
7.36 	commissioner of administration shall install and administer
8.1 	state data security systems on the state's centralized computer
8.2 	facility facilities consistent with these policies, guidelines,
8.3 	standards, and state law to ensure the integrity of
8.4 	computer-based and other data and to ensure applicable
8.5 	limitations on access to data, consistent with the public's
8.6 	right to know as defined in chapter 13. The chief information
8.7 	officer is responsible for overall security of state agency
8.8 	networks connected to the Internet.Each department or agency
8.9 	head is responsible for the security of the department's or
8.10 	agency's data within the guidelines of established enterprise
8.11 	policy.

8.12 	Sec. 8. Minnesota Statutes 2004, section 16E.04, is
8.13 	amended to read:
8.14 	16E.04 INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS 
8.15 	TECHNOLOGY POLICY.
8.16 		Subdivision 1.Development. The office shall coordinate
8.17 	with state agencies in developing and establishing develop,
8.18 	establish, and enforce policies and standards for state agencies
8.19 	to follow in developing and purchasing information and
8.20 	communications telecommunications technology systems and
8.21 	services and training appropriate persons in their use.  The
8.22 	office shall develop, promote, and coordinate manage state
8.23 	technology, architecture, standards and guidelines, information
8.24 	needs analysis techniques, contracts for the purchase of
8.25 	equipment and services, and training of state agency personnel
8.26 	on these issues.
8.27 		Subd. 2.Responsibilities. (a) In addition to other
8.28 	activities prescribed by law, the office shall carry out the
8.29 	duties set out in this subdivision.
8.30 	(b) The office shall develop and establish a state
8.31 	information architecture to ensure that further state agency
8.32 	development and purchase of information and communications
8.33 	systems, equipment, and services is designed to ensure that
8.34 	individual agency information systems complement and do not
8.35 	needlessly duplicate or conflict with the systems of other
8.36 	agencies.  When state agencies have need for the same or similar
9.1 	public data, the commissioner chief information officer, in
9.2 	coordination with the affected agencies, shall promote manage 
9.3 	the most efficient and cost-effective method of producing and
9.4 	storing data for or sharing data between those agencies.  The
9.5 	development of this information architecture must include the
9.6 	establishment of standards and guidelines to be followed by
9.7 	state agencies. The office shall ensure compliance with the
9.8 	architecture.
9.9 	(c) The office shall assist state agencies in the planning
9.10 	and management of information systems so that an individual
9.11 	information system reflects and supports the state agency's
9.12 	mission and the state's requirements and functions. The office
9.13 	shall review and approve agency technology plans to ensure
9.14 	consistency with enterprise information and telecommunications
9.15 	technology strategy.
9.16 	(d) The office shall review and approve agency requests for
9.17 	legislative appropriations funding for the development or
9.18 	purchase of information systems equipment or software prior to
9.19 	their inclusion in the governor's budget.
9.20 	(e) The office shall review major purchases of information
9.21 	systems equipment to:
9.22 	(1) ensure that the equipment follows the standards and
9.23 	guidelines of the state information architecture;
9.24 	(2) ensure that the equipment is consistent with the
9.25 	information management principles adopted by the Information
9.26 	Policy Council;
9.27 	(3) evaluate whether the agency's proposed purchase
9.28 	reflects a cost-effective policy regarding volume purchasing;
9.29 	and
9.30 	(4) (3) ensure that the equipment is consistent with other
9.31 	systems in other state agencies so that data can be shared among
9.32 	agencies, unless the office determines that the agency
9.33 	purchasing the equipment has special needs justifying the
9.34 	inconsistency.
9.35 	(f) The office shall review the operation of information
9.36 	systems by state agencies and provide advice and assistance to 
10.1 	ensure that these systems are operated efficiently and securely,
10.2 	and continually meet the standards and guidelines established by
10.3 	the office.  The standards and guidelines must emphasize
10.4 	uniformity that is cost-effective for the enterprise,that
10.5 	encourages information interchange, open systems environments,
10.6 	and portability of information whenever practicable and
10.7 	consistent with an agency's authority and chapter 13.
10.8 	(g) The office shall conduct a comprehensive review at
10.9 	least every three years of the information systems investments
10.10 	that have been made by state agencies and higher education
10.11 	institutions.  The review must include recommendations on any
10.12 	information systems applications that could be provided in a
10.13 	more cost-beneficial manner by an outside source.  The office
10.14 	must report the results of its review to the legislature and the
10.15 	governor.
10.16 		Subd. 3.Risk assessment and mitigation. (a) A risk
10.17 	assessment and risk mitigation plan are required for an all 
10.18 	information systems development project estimated to cost more
10.19 	than $1,000,000 that is projects undertaken by a state agency in
10.20 	the executive or judicial branch or by a constitutional officer.
10.21 	The commissioner of administration chief information officer 
10.22 	must contract with an entity outside of state government to
10.23 	conduct the initial assessment and prepare the mitigation plan
10.24 	for a project estimated to cost more than $5,000,000.  The
10.25 	outside entity conducting the risk assessment and preparing the
10.26 	mitigation plan must not have any other direct or indirect
10.27 	financial interest in the project.  The risk assessment and risk
10.28 	mitigation plan must provide for periodic monitoring by the
10.29 	commissioner until the project is completed.
10.30 	(b) The risk assessment and risk mitigation plan must be
10.31 	paid for with money appropriated for the information systems
10.32 	development and telecommunications technology project. The
10.33 	chief information officer must notify the commissioner of
10.34 	finance when a project is underway and must identify the
10.35 	proposed budget for the project.  The commissioner of finance
10.36 	shall ensure that no more than ten percent of the amount
11.1 	anticipated proposed budget to be spent on the project, other
11.2 	than the money spent on the risk assessment and risk mitigation
11.3 	plan, may be is spent until the risk assessment and mitigation
11.4 	plan are reported to the commissioner of administration chief
11.5 	information officer and the commissioner chief information
11.6 	officer has approved the risk mitigation plan.

11.7 	Sec. 9. Minnesota Statutes 2004, section 16E.0465,
11.8 	subdivision 1, is amended to read:
11.9 		Subdivision 1.Application.  This section applies to an
11.10 	appropriation of more than $1,000,000 of state or federal funds
11.11 	to a state agency for any information and communications 
11.12 	telecommunications technology project or data processing device
11.13 	or system or for any phase of such a project, device, or
11.14 	system.  For purposes of this section, an appropriation of state
11.15 	or federal funds to a state agency includes an appropriation:
11.16 	(1) to the Minnesota State Colleges and Universities;
11.17 	(2) to a constitutional officer;
11.18 	(3) (2) for a project that includes both a state agency and
11.19 	units of local government; and
11.20 	(4) (3) to a state agency for grants to be made to other
11.21 	entities.

11.22 	Sec. 10. Minnesota Statutes 2004, section 16E.0465,
11.23 	subdivision 2, is amended to read:
11.24 		Subd. 2.Required review and approval.  (a) A state
11.25 	agency receiving an appropriation for an information and
11.26 	communications telecommunications technology project or data
11.27 	processing device or system subject to this section must divide
11.28 	the project into phases.
11.29 	(b) The commissioner of finance may not authorize the
11.30 	encumbrance or expenditure of an appropriation of state funds to
11.31 	a state agency for any phase of a project, device, or system
11.32 	subject to this section unless the Office of Technology has
11.33 	reviewed each phase of the project, device, or system, and based
11.34 	on this review, the commissioner of administration chief
11.35 	information officer has determined for each phase that:
11.36 	(1) the project is compatible with the state information
12.1 	architecture and other policies and standards established by the
12.2 	commissioner of administration chief information officer; and 
12.3 	(2) the agency is able to accomplish the goals of the phase
12.4 	of the project with the funds appropriated; and 
12.5 	(3) the project supports the enterprise information
12.6 	technology strategy.

12.7 	Sec. 11. Minnesota Statutes 2004, section 16E.055, is
12.8 	amended to read:
12.9 	16E.055  COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.
12.10 	A state agency that implements electronic government
12.11 	services for fees, licenses, sales, or other purposes must use a
12.12 	common Web page format approved by the commissioner of
12.13 	administration for those electronic government services.  The
12.14 	commissioner may create a the single entry site created by the
12.15 	chief information officer for all agencies to use for electronic
12.16 	government services.

12.17 	Sec. 12. Minnesota Statutes 2004, section 16E.07,
12.18 	subdivision 8, is amended to read:
12.19 		Subd. 8.Secure transaction system.  The office shall
12.20 	plan and develop a secure transaction system to support delivery
12.21 	of government services electronically. A state agency that
12.22 	implements electronic government services for fees, licenses,
12.23 	sales, or other purposes must use the secure transaction system
12.24 	developed in accordance with this section.

12.25 	Sec. 13. [16E.14] TECHNOLOGY REVOLVING FUND.
12.26 		Subdivision 1.Creation. The technology revolving fund
12.27 	is created in the state treasury.
12.28 		Subd. 2.Fund. Money in the technology revolving fund is
12.29 	appropriated annually to the chief information officer to
12.30 	operate information and telecommunications services, including
12.31 	management, consultation, and design services.
12.32 		Subd. 3.Reimbursements. Except as specifically provided
12.33 	otherwise by law, each agency shall reimburse the technology
12.34 	revolving fund for the cost of all services, supplies,
12.35 	materials, labor, and depreciation of equipment, including
12.36 	reasonable overhead costs, which the chief information officer
13.1 	is authorized and directed to furnish an agency.  The chief
13.2 	information officer shall report the rates to be charged for the
13.3 	revolving fund no later than July 1 each year to the chair of
13.4 	the committee or division in the senate and house of
13.5 	representatives with primary jurisdiction over the budget of the
13.6 	Office of Technology.
13.7 		Subd. 4.Cash flow. The commissioner of finance shall
13.8 	make appropriate transfers to the revolving fund when requested
13.9 	by the chief information officer.  The chief information officer
13.10 	may make allotments and encumbrances in anticipation of such
13.11 	transfers.  In addition, the chief information officer, with the
13.12 	approval of the commissioner of finance, may require an agency
13.13 	to make advance payments to the revolving fund sufficient to
13.14 	cover the office's estimated obligation for a period of at least
13.15 	60 days.  All reimbursements and other money received by the
13.16 	chief information officer under this section must be deposited
13.17 	in the technology revolving fund.
13.18 		Subd. 5.Liquidation. If the technology revolving fund
13.19 	is abolished or liquidated, the total net profit from the
13.20 	operation of the fund must be distributed to the various funds
13.21 	from which purchases were made.  The amount to be distributed to
13.22 	each fund must bear to the net profit the same ratio as the
13.23 	total purchases from each fund bears to the total purchases from
13.24 	all the funds during the same period of time.

13.25 	Sec. 14. EFFECTIVE DATE.
 13.26 	Sections 1 to 13 are effective July 1, 2005.

13.27 	ARTICLE 2

13.28 	Section 1. Minnesota Statutes 2004, section 15.06,
13.29 	subdivision 1, is amended to read:
13.30 		Subdivision 1.Applicability.  This section applies to
13.31 	the following departments or agencies:  the Departments of
13.32 	Administration, Agriculture, Commerce, Corrections, Education,
13.33 	Employee Relations, Employment and Economic Development,
13.34 	Finance, Health, Human Rights, Labor and Industry, Natural
13.35 	Resources, Public Safety, Human Services, Revenue,
13.36 	Transportation, and Veterans Affairs; the Housing Finance and
14.1 	Pollution Control Agencies; the Office of Commissioner of Iron
14.2 	Range Resources and Rehabilitation; the Bureau of Mediation
14.3 	Services; the Office of Technology;and their successor
14.4 	departments and agencies.  The heads of the foregoing
14.5 	departments or agencies are "commissioners."

14.6 	Sec. 2. Minnesota Statutes 2004, section 16B.04,
14.7 	subdivision 2, is amended to read:
14.8 		Subd. 2.Powers and duties, general.  Subject to other
14.9 	provisions of this chapter, the commissioner is authorized to:
14.10 	(1) supervise, control, review, and approve all state
14.11 	contracts and purchasing;
14.12 	(2) provide agencies with supplies and equipment and
14.13 	operate all central store or supply rooms serving more than one
14.14 	agency;
14.15 	(3) approve all computer plans and contracts, and oversee
14.16 	the state's data processing system;
14.17 	(4) investigate and study the management and organization
14.18 	of agencies, and reorganize them when necessary to ensure their
14.19 	effective and efficient operation;
14.20 	(5) (4) manage and control state property, real and
14.21 	personal;
14.22 	(6) (5) maintain and operate all state buildings, as
14.23 	described in section 16B.24, subdivision 1;
14.24 	(7) (6) supervise, control, review, and approve all capital
14.25 	improvements to state buildings and the capitol building and
14.26 	grounds;
14.27 	(8) (7) provide central duplicating, printing, and mail
14.28 	facilities;
14.29 	(9) (8) oversee publication of official documents and
14.30 	provide for their sale;
14.31 	(10) (9) manage and operate parking facilities for state
14.32 	employees and a central motor pool for travel on state business;
14.33 	(11) (10) establish and administer a State Building Code;
14.34 	and
14.35 	(12) (11) provide rental space within the capitol complex
14.36 	for a private day care center for children of state employees.
15.1 	The commissioner shall contract for services as provided in this
15.2 	chapter.  The commissioner shall report back to the legislature
15.3 	by October 1, 1984, with the recommendation to implement the
15.4 	private day care operation.

15.5 	Sec. 3. Minnesota Statutes 2004, section 16B.48,
15.6 	subdivision 4, is amended to read:
15.7 		Subd. 4.Reimbursements.  Except as specifically provided
15.8 	otherwise by law, each agency shall reimburse intertechnologies
15.9 	and the general services revolving funds for the cost of all
15.10 	services, supplies, materials, labor, and depreciation of
15.11 	equipment, including reasonable overhead costs, which the
15.12 	commissioner is authorized and directed to furnish an agency.
15.13 	The cost of all publications or other materials produced by the
15.14 	commissioner and financed from the general services revolving
15.15 	fund must include reasonable overhead costs.  The commissioner
15.16 	of administration shall report the rates to be charged for each 
15.17 	the general services revolving fund funds no later than July 1
15.18 	each year to the chair of the committee or division in the
15.19 	senate and house of representatives with primary jurisdiction
15.20 	over the budget of the Department of Administration.  The
15.21 	commissioner of finance shall make appropriate transfers to the
15.22 	revolving funds described in this section when requested by the
15.23 	commissioner of administration.  The commissioner of
15.24 	administration may make allotments, encumbrances, and, with the
15.25 	approval of the commissioner of finance, disbursements in
15.26 	anticipation of such transfers.  In addition, the commissioner
15.27 	of administration, with the approval of the commissioner of
15.28 	finance, may require an agency to make advance payments to the
15.29 	revolving funds in this section sufficient to cover the agency's
15.30 	estimated obligation for a period of at least 60 days.  All
15.31 	reimbursements and other money received by the commissioner of
15.32 	administration under this section must be deposited in the
15.33 	appropriate revolving fund.  Any earnings remaining in the fund
15.34 	established to account for the documents service prescribed by
15.35 	section 16B.51 at the end of each fiscal year not otherwise
15.36 	needed for present or future operations, as determined by the
16.1 	commissioners of administration and finance, must be transferred
16.2 	to the general fund.

16.3 	Sec. 4. Minnesota Statutes 2004, section 16B.48,
16.4 	subdivision 5, is amended to read:
16.5 		Subd. 5.Liquidation.  If the intertechnologies or 
16.6 	general services revolving fund is funds are abolished or
16.7 	liquidated, the total net profit from the operation of each fund
16.8 	must be distributed to the various funds from which purchases
16.9 	were made.  The amount to be distributed to each fund must bear
16.10 	to the net profit the same ratio as the total purchases from
16.11 	each fund bears to the total purchases from all the funds during
16.12 	the same period of time.

16.13 	Sec. 5. Minnesota Statutes 2004, section 43A.08,
16.14 	subdivision 1a, is amended to read:
16.15 		Subd. 1a.Additional unclassified positions.  Appointing
16.16 	authorities for the following agencies may designate additional
16.17 	unclassified positions according to this subdivision:  the
16.18 	Departments of Administration; Agriculture; Commerce;
16.19 	Corrections; Education; Employee Relations; Employment and
16.20 	Economic Development; Finance; Health; Human Rights; Labor and
16.21 	Industry; Natural Resources; Public Safety; Human Services;
16.22 	Revenue; Transportation; and Veterans Affairs; the Housing
16.23 	Finance and Pollution Control Agencies; the State Lottery; the
16.24 	state Board of Investment; the Office of Administrative
16.25 	Hearings; the Office of Technology;the Office of Environmental
16.26 	Assistance; the Offices of the Attorney General, Secretary of
16.27 	State, and State Auditor; the Minnesota State Colleges and
16.28 	Universities; the Higher Education Services Office; the Perpich
16.29 	Center for Arts Education; and the Minnesota Zoological Board.
16.30 	A position designated by an appointing authority according
16.31 	to this subdivision must meet the following standards and
16.32 	criteria:
16.33 	(1) the designation of the position would not be contrary
16.34 	to other law relating specifically to that agency;
16.35 	(2) the person occupying the position would report directly
16.36 	to the agency head or deputy agency head and would be designated
17.1 	as part of the agency head's management team;
17.2 	(3) the duties of the position would involve significant
17.3 	discretion and substantial involvement in the development,
17.4 	interpretation, and implementation of agency policy;
17.5 	(4) the duties of the position would not require primarily
17.6 	personnel, accounting, or other technical expertise where
17.7 	continuity in the position would be important;
17.8 	(5) there would be a need for the person occupying the
17.9 	position to be accountable to, loyal to, and compatible with,
17.10 	the governor and the agency head, the employing statutory board
17.11 	or commission, or the employing constitutional officer;
17.12 	(6) the position would be at the level of division or
17.13 	bureau director or assistant to the agency head; and
17.14 	(7) the commissioner has approved the designation as being
17.15 	consistent with the standards and criteria in this subdivision.

17.16 	Sec. 6. Minnesota Statutes 2004, section 299C.65,
17.17 	subdivision 1, is amended to read:
17.18 		Subdivision 1.Membership, duties.  (a) The Criminal and
17.19 	Juvenile Justice Information Policy Group consists of the
17.20 	commissioner of corrections, the commissioner of public safety,
17.21 	the commissioner of administration state chief information
17.22 	officer, the commissioner of finance, and four members of the
17.23 	judicial branch appointed by the chief justice of the Supreme
17.24 	Court.  The policy group may appoint additional, nonvoting
17.25 	members as necessary from time to time.
17.26 	(b) The commissioner of public safety is designated as the
17.27 	chair of the policy group.  The commissioner and the policy
17.28 	group have overall responsibility for the successful completion
17.29 	of statewide criminal justice information system integration
17.30 	(CriMNet).  The policy group may hire a program manager to
17.31 	manage the CriMNet projects and to be responsible for the
17.32 	day-to-day operations of CriMNet.  The policy group must ensure
17.33 	that generally accepted project management techniques are
17.34 	utilized for each CriMNet project, including:
17.35 	(1) clear sponsorship;
17.36 	(2) scope management;
18.1 	(3) project planning, control, and execution;
18.2 	(4) continuous risk assessment and mitigation;
18.3 	(5) cost management;
18.4 	(6) quality management reviews;
18.5 	(7) communications management; and
18.6 	(8) proven methodology.
18.7 	(c) Products and services for CriMNet project management,
18.8 	system design, implementation, and application hosting must be
18.9 	acquired using an appropriate procurement process, which
18.10 	includes:
18.11 	(1) a determination of required products and services;
18.12 	(2) a request for proposal development and identification
18.13 	of potential sources;
18.14 	(3) competitive bid solicitation, evaluation, and
18.15 	selection; and
18.16 	(4) contract administration and close-out.
18.17 	(d) The policy group shall study and make recommendations
18.18 	to the governor, the Supreme Court, and the legislature on:
18.19 	(1) a framework for integrated criminal justice information
18.20 	systems, including the development and maintenance of a
18.21 	community data model for state, county, and local criminal
18.22 	justice information;
18.23 	(2) the responsibilities of each entity within the criminal
18.24 	and juvenile justice systems concerning the collection,
18.25 	maintenance, dissemination, and sharing of criminal justice
18.26 	information with one another;
18.27 	(3) actions necessary to ensure that information maintained
18.28 	in the criminal justice information systems is accurate and
18.29 	up-to-date;
18.30 	(4) the development of an information system containing
18.31 	criminal justice information on gross misdemeanor-level and
18.32 	felony-level juvenile offenders that is part of the integrated
18.33 	criminal justice information system framework;
18.34 	(5) the development of an information system containing
18.35 	criminal justice information on misdemeanor arrests,
18.36 	prosecutions, and convictions that is part of the integrated
19.1 	criminal justice information system framework;
19.2 	(6) comprehensive training programs and requirements for
19.3 	all individuals in criminal justice agencies to ensure the
19.4 	quality and accuracy of information in those systems;
19.5 	(7) continuing education requirements for individuals in
19.6 	criminal justice agencies who are responsible for the
19.7 	collection, maintenance, dissemination, and sharing of criminal
19.8 	justice data;
19.9 	(8) a periodic audit process to ensure the quality and
19.10 	accuracy of information contained in the criminal justice
19.11 	information systems;
19.12 	(9) the equipment, training, and funding needs of the state
19.13 	and local agencies that participate in the criminal justice
19.14 	information systems;
19.15 	(10) the impact of integrated criminal justice information
19.16 	systems on individual privacy rights;
19.17 	(11) the impact of proposed legislation on the criminal
19.18 	justice system, including any fiscal impact, need for training,
19.19 	changes in information systems, and changes in processes;
19.20 	(12) the collection of data on race and ethnicity in
19.21 	criminal justice information systems;
19.22 	(13) the development of a tracking system for domestic
19.23 	abuse orders for protection;
19.24 	(14) processes for expungement, correction of inaccurate
19.25 	records, destruction of records, and other matters relating to
19.26 	the privacy interests of individuals; and
19.27 	(15) the development of a database for extended
19.28 	jurisdiction juvenile records and whether the records should be
19.29 	public or private and how long they should be retained.

19.30 	Sec. 7. Minnesota Statutes 2004, section 299C.65,
19.31 	subdivision 2, is amended to read:
19.32 		Subd. 2.Report, task force.  (a) The policy group shall
19.33 	file an annual report with the governor, Supreme Court, and
19.34 	chairs and ranking minority members of the senate and house
19.35 	committees and divisions with jurisdiction over criminal justice
19.36 	funding and policy by December 1 of each year.
20.1 	(b) The report must make recommendations concerning any
20.2 	legislative changes or appropriations that are needed to ensure
20.3 	that the criminal justice information systems operate accurately
20.4 	and efficiently.  To assist them in developing their
20.5 	recommendations, the policy group shall appoint a task force
20.6 	consisting of its members or their designees and the following
20.7 	additional members:
20.8 	(1) the director of the Office of Strategic and Long-Range
20.9 	Planning;
20.10 	(2) two sheriffs recommended by the Minnesota Sheriffs
20.11 	Association;
20.12 	(3) two police chiefs recommended by the Minnesota Chiefs
20.13 	of Police Association;
20.14 	(4) two county attorneys recommended by the Minnesota
20.15 	County Attorneys Association;
20.16 	(5) two city attorneys recommended by the Minnesota League
20.17 	of Cities;
20.18 	(6) two public defenders appointed by the Board of Public
20.19 	Defense;
20.20 	(7) two district judges appointed by the Conference of
20.21 	Chief Judges, one of whom is currently assigned to the juvenile
20.22 	court;
20.23 	(8) two community corrections administrators recommended by
20.24 	the Minnesota Association of Counties, one of whom represents a
20.25 	community corrections act county;
20.26 	(9) two probation officers;
20.27 	(10) four public members, one of whom has been a victim of
20.28 	crime, and two who are representatives of the private business
20.29 	community who have expertise in integrated information systems;
20.30 	(11) two court administrators;
20.31 	(12) one member of the house of representatives appointed
20.32 	by the speaker of the house;
20.33 	(13) one member of the senate appointed by the majority
20.34 	leader;
20.35 	(14) the attorney general or a designee;
20.36 	(15) the commissioner of administration state chief
21.1 	information officer or a designee;
21.2 	(16) an individual recommended by the Minnesota League of
21.3 	Cities; and
21.4 	(17) an individual recommended by the Minnesota Association
21.5 	of Counties.
21.6 	In making these appointments, the appointing authority shall
21.7 	select members with expertise in integrated data systems or best
21.8 	practices.
21.9 	(c) The commissioner of public safety may appoint
21.10 	additional, nonvoting members to the task force as necessary
21.11 	from time to time.

21.12 	Sec. 8. Minnesota Statutes 2004, section 403.36,
21.13 	subdivision 1, is amended to read:
21.14 		Subdivision 1.Membership.  (a) The commissioner of
21.15 	public safety shall convene and chair the Statewide Radio Board
21.16 	to develop a project plan for a statewide, shared, trunked
21.17 	public safety radio communication system.  The system may be
21.18 	referred to as "Allied Radio Matrix for Emergency Response," or
21.19 	"ARMER."
21.20 	(b) The board consists of the following members or their
21.21 	designees:
21.22 	(1) the commissioner of public safety;
21.23 	(2) the commissioner of transportation;
21.24 	(3) the commissioner of administration state chief
21.25 	information officer;
21.26 	(4) the commissioner of natural resources;
21.27 	(5) the chief of the Minnesota State Patrol;
21.28 	(6) the commissioner of health;
21.29 	(7) the commissioner of finance;
21.30 	(8) two elected city officials, one from the nine-county
21.31 	metropolitan area and one from Greater Minnesota, appointed by
21.32 	the governing body of the League of Minnesota Cities;
21.33 	(9) two elected county officials, one from the nine-county
21.34 	metropolitan area and one from Greater Minnesota, appointed by
21.35 	the governing body of the Association of Minnesota Counties;
21.36 	(10) two sheriffs, one from the nine-county metropolitan
22.1 	area and one from Greater Minnesota, appointed by the governing
22.2 	body of the Minnesota Sheriffs' Association;
22.3 	(11) two chiefs of police, one from the nine-county
22.4 	metropolitan area and one from Greater Minnesota, appointed by
22.5 	the governor after considering recommendations made by the
22.6 	Minnesota Chiefs' of Police Association;
22.7 	(12) two fire chiefs, one from the nine-county metropolitan
22.8 	area and one from Greater Minnesota, appointed by the governor
22.9 	after considering recommendations made by the Minnesota Fire
22.10 	Chiefs' Association;
22.11 	(13) two representatives of emergency medical service
22.12 	providers, one from the nine-county metropolitan area and one
22.13 	from Greater Minnesota, appointed by the governor after
22.14 	considering recommendations made by the Minnesota Ambulance
22.15 	Association;
22.16 	(14) the chair of the Metropolitan Radio Board; and
22.17 	(15) a representative of Greater Minnesota elected by those
22.18 	units of government in phase three and any subsequent phase of
22.19 	development as defined in the statewide, shared radio and
22.20 	communication plan, who have submitted a plan to the Statewide
22.21 	Radio Board and where development has been initiated.
22.22 	(c) The Statewide Radio Board shall coordinate the
22.23 	appointment of board members representing Greater Minnesota with
22.24 	the appointing authorities and may designate the geographic
22.25 	region or regions from which an appointed board member is
22.26 	selected where necessary to provide representation from
22.27 	throughout the state.

22.28 	Sec. 9. TRANSFER OF DUTIES.
 22.29 	Responsibilities of the commissioner of administration for
22.30 	state telecommunications systems, state information
22.31 	infrastructure, and electronic conduct of state business under
22.32 	Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
22.33 	16B.466; and 16B.467, are transferred to the Office of
22.34 	Technology.  All positions in the Office of Technology and the
22.35 	Intertechnologies Group are transferred to the Office of
22.36 	Technology.

23.1 	Sec. 10. REVISOR INSTRUCTION.
 23.2 	In the next and subsequent editions of Minnesota Statutes,
23.3 	the revisor of statutes shall:
23.4 	(1) substitute the term "chief information officer" for
23.5 	"commissioner" and "commissioner of administration" in the
23.6 	following sections of Minnesota Statutes:  16B.405; 16B.44;
23.7 	16B.46; 16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6,
23.8 	and 8; 16E.035; and 16E.07, subdivision 4;
23.9 	(2) recodify the following sections of Minnesota Statutes
23.10 	into Minnesota Statutes, chapter 16E:  16B.405; 16B.44; 16B.46;
23.11 	16B.465; 16B.466; and 16B.467.

23.12 	Sec. 11. REPEALER.
 23.13 	Minnesota Statutes 2004, sections 16B.48, subdivision 3;
23.14 	and 16E.0465, subdivision 3, are repealed.

23.15 	Sec. 12. EFFECTIVE DATE.
 23.16 	Sections 1 to 11 are effective July 1, 2005.

23.17 	ARTICLE 3

23.18 	Section 1. Minnesota Statutes 2004, section 204B.14,
23.19 	subdivision 5, is amended to read:
23.20 		Subd. 5.Precinct boundaries; description; maps. When If 
23.21 	a precinct boundary has been changed or an annexation has
23.22 	occurred affecting a precinct boundary, the municipal clerk
23.23 	shall immediately notify the county auditor and secretary of
23.24 	state.  The municipal clerk shall file a corrected base map with
23.25 	the secretary of state and county auditor within 30 days after
23.26 	the boundary change was made or, in the case of an annexation,
23.27 	the later of:  (1) 30 days after the approval of the annexation
23.28 	order; or (2) the effective date of the annexation order.  Upon
23.29 	request, the secretary of state county auditor shall provide a
23.30 	base map and precinct finder to the municipal clerk. The
23.31 	secretary of state shall update the precinct boundary database,
23.32 	prepare a corrected precinct map, and provide the corrected
23.33 	precinct map to the county auditor and the municipal clerk who
23.34 	shall make them available for public inspection.The municipal
23.35 	clerk shall prepare a corrected precinct map and provide the
23.36 	corrected map to the county auditor, who shall correct the
24.1 	precinct finder in the statewide voter registration system and
24.2 	make the corrected map and precinct finder available for public
24.3 	inspection, and to the secretary of state, who shall update the
24.4 	precinct boundary database.The county auditor shall prepare
24.5 	and file precinct boundary maps for precincts in unorganized
24.6 	territories in the same manner as provided for precincts in
24.7 	municipalities.  For every election held in the municipality the
24.8 	election judges shall be furnished precinct maps as provided in
24.9 	section 201.061, subdivision 6.  If a municipality changes the
24.10 	boundary of an election precinct, or if an annexation affecting
24.11 	a precinct boundary occurs,the county auditor shall notify each
24.12 	school district with territory affected by the boundary change
24.13 	at least 30 days before the effective date of the change.

24.14 	Sec. 2. Minnesota Statutes 2004, section 414.01, is
24.15 	amended by adding a subdivision to read:
24.16 		Subd. 18.Annexations not permitted at certain
24.17 	times. Notwithstanding the provisions of this chapter, no
24.18 	annexation shall become effective between the opening of filing
24.19 	for a previously scheduled municipal election of the
24.20 	municipality which is annexing the unincorporated land and the
24.21 	issuance of the certificates of election to the candidates
24.22 	elected at that election.

24.23 	Sec. 3. [414.0305] MUNICIPAL ANNEXATION.
24.24 	Notwithstanding the provisions of this chapter, no
24.25 	annexation by a municipality shall be effective during the
24.26 	period from the opening of filing for any previously scheduled
24.27 	municipal election until after the end of the contest period for
24.28 	that election.