1.1 	A bill for an act
1.2 	relating to state government; creating the Office of
1.3 	Enterprise Technology; providing for a chief
1.4 	information officer; appropriating money; amending
1.5 	Minnesota Statutes 2004, sections 10A.01, subdivision
1.6 	35; 15.06, by adding a subdivision; 16B.04,
1.7 	subdivision 2; 16B.48, subdivisions 4, 5; 16E.01,
1.8 	subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1, 2,
1.9 	3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055;
1.10 	16E.07, subdivision 8; 299C.65, subdivisions 1, 2;
1.11 	403.36, subdivision 1; proposing coding for new law in
1.12 	Minnesota Statutes, chapter 16E; repealing Minnesota
1.13 	Statutes 2004, sections 16B.48, subdivision 3;
1.14 	16E.0465, subdivision 3.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 10A.01,
1.17 	subdivision 35, is amended to read:
1.18 		Subd. 35.Public official.  "Public official" means any:
1.19 	(1) member of the legislature;
1.20 	(2) individual employed by the legislature as secretary of
1.21 	the senate, legislative auditor, chief clerk of the house,
1.22 	revisor of statutes, or researcher, legislative analyst, or
1.23 	attorney in the Office of Senate Counsel and Research or House
1.24 	Research;
1.25 	(3) constitutional officer in the executive branch and the
1.26 	officer's chief administrative deputy;
1.27 	(4) solicitor general or deputy, assistant, or special
1.28 	assistant attorney general;
1.29 	(5) commissioner, deputy commissioner, or assistant
1.30 	commissioner of any state department or agency as listed in
2.1 	section 15.01 or 15.06, or the state chief information officer;
2.2 	(6) member, chief administrative officer, or deputy chief
2.3 	administrative officer of a state board or commission that has
2.4 	either the power to adopt, amend, or repeal rules under chapter
2.5 	14, or the power to adjudicate contested cases or appeals under
2.6 	chapter 14;
2.7 	(7) individual employed in the executive branch who is
2.8 	authorized to adopt, amend, or repeal rules under chapter 14 or
2.9 	adjudicate contested cases under chapter 14;
2.10 	(8) executive director of the State Board of Investment;
2.11 	(9) deputy of any official listed in clauses (7) and (8);
2.12 	(10) judge of the Workers' Compensation Court of Appeals;
2.13 	(11) administrative law judge or compensation judge in the
2.14 	State Office of Administrative Hearings or referee in the
2.15 	Department of Employment and Economic Development;
2.16 	(12) member, regional administrator, division director,
2.17 	general counsel, or operations manager of the metropolitan
2.18 	council;
2.19 	(13) member or chief administrator of a metropolitan
2.20 	agency;
2.21 	(14) director of the Division of Alcohol and Gambling
2.22 	Enforcement in the Department of Public Safety;
2.23 	(15) member or executive director of the Higher Education
2.24 	Facilities Authority;
2.25 	(16) member of the board of directors or president of
2.26 	Minnesota Technology, Inc.; or
2.27 	(17) member of the board of directors or executive director
2.28 	of the Minnesota State High School League.

2.29 	Sec. 2. Minnesota Statutes 2004, section 15.06, is amended
2.30 	by adding a subdivision to read:
2.31 		Subd. 1a.Application to office of enterprise
2.32 	technology. For the purposes of this section, references to
2.33 	"commissioner" include the chief information officer of the
2.34 	Office of Enterprise Technology.

2.35 	Sec. 3. Minnesota Statutes 2004, section 16B.04,
2.36 	subdivision 2, is amended to read:
3.1 		Subd. 2.Powers and duties, general.  Subject to other
3.2 	provisions of this chapter, the commissioner is authorized to:
3.3 	(1) supervise, control, review, and approve all state
3.4 	contracts and purchasing;
3.5 	(2) provide agencies with supplies and equipment and
3.6 	operate all central store or supply rooms serving more than one
3.7 	agency;
3.8 	(3) approve all computer plans and contracts, and oversee
3.9 	the state's data processing system;
3.10 	(4) investigate and study the management and organization
3.11 	of agencies, and reorganize them when necessary to ensure their
3.12 	effective and efficient operation;
3.13 	(5) (4) manage and control state property, real and
3.14 	personal;
3.15 	(6) (5) maintain and operate all state buildings, as
3.16 	described in section 16B.24, subdivision 1;
3.17 	(7) (6) supervise, control, review, and approve all capital
3.18 	improvements to state buildings and the capitol building and
3.19 	grounds;
3.20 	(8) (7) provide central duplicating, printing, and mail
3.21 	facilities;
3.22 	(9) (8) oversee publication of official documents and
3.23 	provide for their sale;
3.24 	(10) (9) manage and operate parking facilities for state
3.25 	employees and a central motor pool for travel on state business;
3.26 	(11) (10) establish and administer a State Building Code;
3.27 	and
3.28 	(12) (11) provide rental space within the capitol complex
3.29 	for a private day care center for children of state employees.
3.30 	The commissioner shall contract for services as provided in this
3.31 	chapter.  The commissioner shall report back to the legislature
3.32 	by October 1, 1984, with the recommendation to implement the
3.33 	private day care operation.

3.34 	Sec. 4. Minnesota Statutes 2004, section 16B.48,
3.35 	subdivision 4, is amended to read:
3.36 		Subd. 4.Reimbursements.  Except as specifically provided
4.1 	otherwise by law, each agency shall reimburse intertechnologies
4.2 	and the general services revolving funds for the cost of all
4.3 	services, supplies, materials, labor, and depreciation of
4.4 	equipment, including reasonable overhead costs, which the
4.5 	commissioner is authorized and directed to furnish an agency.
4.6 	The cost of all publications or other materials produced by the
4.7 	commissioner and financed from the general services revolving
4.8 	fund must include reasonable overhead costs.  The commissioner
4.9 	of administration shall report the rates to be charged for each 
4.10 	the general services revolving fund funds no later than July 1
4.11 	each year to the chair of the committee or division in the
4.12 	senate and house of representatives with primary jurisdiction
4.13 	over the budget of the Department of Administration.  The
4.14 	commissioner of finance shall make appropriate transfers to the
4.15 	revolving funds described in this section when requested by the
4.16 	commissioner of administration.  The commissioner of
4.17 	administration may make allotments, encumbrances, and, with the
4.18 	approval of the commissioner of finance, disbursements in
4.19 	anticipation of such transfers.  In addition, the commissioner
4.20 	of administration, with the approval of the commissioner of
4.21 	finance, may require an agency to make advance payments to the
4.22 	revolving funds in this section sufficient to cover the agency's
4.23 	estimated obligation for a period of at least 60 days.  All
4.24 	reimbursements and other money received by the commissioner of
4.25 	administration under this section must be deposited in the
4.26 	appropriate revolving fund.  Any earnings remaining in the fund
4.27 	established to account for the documents service prescribed by
4.28 	section 16B.51 at the end of each fiscal year not otherwise
4.29 	needed for present or future operations, as determined by the
4.30 	commissioners of administration and finance, must be transferred
4.31 	to the general fund.

4.32 	Sec. 5. Minnesota Statutes 2004, section 16B.48,
4.33 	subdivision 5, is amended to read:
4.34 		Subd. 5.Liquidation.  If the intertechnologies or 
4.35 	general services revolving fund is funds are abolished or
4.36 	liquidated, the total net profit from the operation of each fund
5.1 	must be distributed to the various funds from which purchases
5.2 	were made.  The amount to be distributed to each fund must bear
5.3 	to the net profit the same ratio as the total purchases from
5.4 	each fund bears to the total purchases from all the funds during
5.5 	the same period of time.

5.6 	Sec. 6. Minnesota Statutes 2004, section 16E.01,
5.7 	subdivision 1, is amended to read:
5.8 		Subdivision 1.purpose creation; chief information
5.9 	officer.  The Office of Enterprise Technology, referred to in
5.10 	this chapter as the "office," is under the supervision of the
5.11 	commissioner of administration an agency in the executive branch
5.12 	headed by the state chief information officer.  The appointment
5.13 	of the chief information officer is subject to the advice and
5.14 	consent of the senate under section 15.066.
5.15 		Subd. 1a.Responsibilities. The office shall
5.16 	provide oversight,leadership,and direction for information and
5.17 	communications telecommunications technology policy and the
5.18 	management, delivery, and security of information and
5.19 	telecommunications technology systems and services in
5.20 	Minnesota.  The office shall coordinate manage strategic
5.21 	investments in information and communications telecommunications 
5.22 	technology systems and services to encourage the development of
5.23 	a technically literate society and ,to ensure sufficient access
5.24 	to and efficient delivery of government services, and to
5.25 	maximize benefits for the state government as an enterprise.

5.26 	Sec. 7. Minnesota Statutes 2004, section 16E.01,
5.27 	subdivision 3, is amended to read:
5.28 		Subd. 3.Duties.  (a) The office shall:
5.29 	(1) coordinate manage the efficient and effective use of
5.30 	available federal, state, local, and private public-private 
5.31 	resources to develop statewide information and communications 
5.32 	telecommunications technology systems and services and its
5.33 	infrastructure;
5.34 	(2) review approve state agency and intergovernmental
5.35 	information and communications telecommunications technology 
5.36 	systems and services development efforts involving state or
6.1 	intergovernmental funding, including federal funding, provide
6.2 	information to the legislature regarding projects reviewed, and
6.3 	recommend projects for inclusion in the governor's budget under
6.4 	section 16A.11;
6.5 	(3) encourage ensure cooperation and collaboration among
6.6 	state and local governments in developing intergovernmental
6.7 	communication and information and telecommunications technology 
6.8 	systems and services, and define the structure and
6.9 	responsibilities of the Information Policy Council a
6.10 	representative governance structure;
6.11 	(4) cooperate and collaborate with the legislative and
6.12 	judicial branches in the development of information and
6.13 	communications systems in those branches;
6.14 	(5) continue the development of North Star, the state's
6.15 	official comprehensive on-line service and information
6.16 	initiative;
6.17 	(6) promote and collaborate with the state's agencies in
6.18 	the state's transition to an effectively competitive
6.19 	telecommunications market;
6.20 	(7) collaborate with entities carrying out education and
6.21 	lifelong learning initiatives to assist Minnesotans in
6.22 	developing technical literacy and obtaining access to ongoing
6.23 	learning resources;
6.24 	(8) promote and coordinate public information access and
6.25 	network initiatives, consistent with chapter 13, to connect
6.26 	Minnesota's citizens and communities to each other, to their
6.27 	governments, and to the world;
6.28 	(9) promote and coordinate electronic commerce initiatives
6.29 	to ensure that Minnesota businesses and citizens can
6.30 	successfully compete in the global economy;
6.31 	(10) manage and promote and coordinate the regular and
6.32 	periodic reinvestment in the core information communications and
6.33 	telecommunications technology systems and services 
6.34 	infrastructure so that state and local government agencies can
6.35 	effectively and efficiently serve their customers;
6.36 	(11) facilitate the cooperative development of and ensure
7.1 	compliance with standards and policies for information and
7.2 	telecommunications technology systems and services, electronic
7.3 	data practices and privacy, and electronic commerce among
7.4 	international, national, state, and local public and private
7.5 	organizations; and 
7.6 	(12) work with others to avoid eliminate unnecessary
7.7 	duplication of existing information and telecommunications
7.8 	technology systems and services provided by other public and
7.9 	private organizations while building on the existing
7.10 	governmental, educational, business, health care, and economic
7.11 	development infrastructures;
7.12 	(13) identify, sponsor, develop, and execute shared
7.13 	information and telecommunications technology projects and
7.14 	ongoing operations; and 
7.15 	(14) ensure overall security of the state's information and
7.16 	technology systems and services.
7.17 	(b) The commissioner of administration chief information
7.18 	officer in consultation with the commissioner of finance may 
7.19 	must determine that when it is cost-effective for agencies to
7.20 	develop and use shared information and communications 
7.21 	telecommunications technology systems and services for the
7.22 	delivery of electronic government services. This determination
7.23 	may be made if an agency proposes a new system that duplicates
7.24 	an existing system, a system in development, or a system being
7.25 	proposed by another agency.The commissioner of
7.26 	administration chief information officer may require agencies to
7.27 	use shared information and telecommunications technology systems
7.28 	and services.  The chief information officer shall establish
7.29 	reimbursement rates in cooperation with the commissioner of
7.30 	finance to be billed to agencies and other governmental entities
7.31 	sufficient to cover the actual development, operating,
7.32 	maintenance, and administrative costs of the shared systems.
7.33 	The methodology for billing may include the use of interagency
7.34 	agreements, or other means as allowed by law.

7.35 	Sec. 8. Minnesota Statutes 2004, section 16E.02, is
7.36 	amended to read:
8.1 	16E.02 OFFICE OF ENTERPRISE TECHNOLOGY;STRUCTURE AND
8.2 	PERSONNEL.
8.3 		Subdivision 1.Office management and structure. (a) The
8.4 	commissioner of administration chief information officer is
8.5 	appointed by the governor.  The chief information officer serves
8.6 	in the unclassified service at the pleasure of the governor.
8.7 	The chief information officer must have experience leading
8.8 	enterprise-level information technology organizations.  The
8.9 	chief information officer is the state's chief information
8.10 	officer and information and telecommunications technology
8.11 	advisor to the governor.
8.12 	(b) The chief information officer may appoint other
8.13 	employees of the office.The staff of the office must include
8.14 	individuals knowledgeable in information and communications 
8.15 	telecommunications technology systems and services and
8.16 	individuals with specialized training in information security.
8.17 		Subd. 1a.Accountability. The chief information officer
8.18 	reports to the governor.  The chief information officer must
8.19 	consult regularly with the commissioner of administration,
8.20 	finance, human services, revenue, and other commissioners
8.21 	designated by the governor, on technology projects, standards,
8.22 	and services as well as management of resources and staff
8.23 	utilization.
8.24 		Subd. 2.Intergovernmental participation. The
8.25 	commissioner of administration chief information officer or the
8.26 	commissioner's chief information officer's designee shall serve
8.27 	as a member of the Minnesota Education Telecommunications
8.28 	Council,the Geographic Information Systems Council,and the
8.29 	Library Planning Task Force,or their respective successor
8.30 	organizations,and as a nonvoting member of Minnesota
8.31 	Technology, Inc. and the Minnesota Health Data Institute as a
8.32 	nonvoting member.
8.33 		Subd. 3.Administrative support. The commissioner of
8.34 	administration must provide office space and administrative
8.35 	support services to the office.  The office must reimburse the
8.36 	commissioner for these services.

9.1 	Sec. 9. Minnesota Statutes 2004, section 16E.03,
9.2 	subdivision 1, is amended to read:
9.3 		Subdivision 1.Definitions.  For the purposes of sections
9.4 	16E.03 to 16E.05chapter 16E, the following terms have the
9.5 	meanings given them.
9.6 	(a) "Information and telecommunications technology systems
9.7 	and services" means all computing and telecommunications
9.8 	hardware and software, the activities undertaken to secure that
9.9 	hardware and software, and the activities undertaken to acquire,
9.10 	transport, process, analyze, store, and disseminate information
9.11 	electronically.  "Information and telecommunications technology
9.12 	systems and services" includes all proposed expenditures for
9.13 	computing and telecommunications hardware and software, security
9.14 	for that hardware and software, and related consulting or other
9.15 	professional services.
9.16 	(a) (b) "Information and communications telecommunications 
9.17 	technology project" means the development or acquisition of
9.18 	information and communications technology devices and systems,
9.19 	but does not include the state information infrastructure or its
9.20 	contractors.
9.21 	(b) "Data processing device or system" means equipment or
9.22 	computer programs, including computer hardware, firmware,
9.23 	software, and communication protocols, used in connection with
9.24 	the processing of information through electronic data processing
9.25 	means, and includes data communication devices used in
9.26 	connection with computer facilities for the transmission of data.
9.27 	an effort to acquire or produce information and
9.28 	telecommunications technology systems and services.
9.29 	(c) "Telecommunications" means voice, video, and data
9.30 	electronic transmissions transported by wire, wireless,
9.31 	fiber-optic, radio, or other available transport technology.
9.32 	(d) "Cyber security" means the protection of data and
9.33 	systems in networks connected to the Internet.
9.34 	(c) (e) "State agency" means an agency in the executive
9.35 	branch of state government and includes the Minnesota Higher
9.36 	Education Services Office, but does not include the Minnesota
10.1 	State Colleges and Universities unless specifically provided
10.2 	elsewhere in this chapter.

10.3 	Sec. 10. Minnesota Statutes 2004, section 16E.03,
10.4 	subdivision 2, is amended to read:
10.5 		Subd. 2.commissioner's chief information officer 
10.6 	responsibility.  The commissioner chief information officer 
10.7 	shall coordinate the state's information and communications 
10.8 	telecommunications technology systems and services to serve the
10.9 	needs of the state government.  The commissioner chief
10.10 	information officer shall:
10.11 	(1) coordinate the design of a master plan for information
10.12 	and communications telecommunications technology systems and
10.13 	services in the state and its political subdivisions and shall
10.14 	report on the plan to the governor and legislature at the
10.15 	beginning of each regular session;
10.16 	(2) coordinate, review, and approve all information and
10.17 	communications telecommunications technology plans and contracts 
10.18 	projects and oversee the state's information and communications 
10.19 	telecommunications technology systems and services;
10.20 	(3) establish and enforce compliance with standards for
10.21 	information and communications telecommunications technology 
10.22 	systems and services that encourage competition are
10.23 	cost-effective and support open systems environments and that
10.24 	are compatible with state,national,and international
10.25 	standards; and 
10.26 	(4) maintain a library of systems and programs developed by
10.27 	the state and its political subdivisions for use by agencies of
10.28 	government;
10.29 	(5) direct and manage the shared operations of the state's
10.30 	information and telecommunications technology systems and
10.31 	services; and 
10.32 	(6) establish and enforce standards and ensure acquisition
10.33 	of hardware and software necessary to protect data and systems
10.34 	in state agency networks connected to the Internet.

10.35 	Sec. 11. Minnesota Statutes 2004, section 16E.03,
10.36 	subdivision 3, is amended to read:
11.1 		Subd. 3.Evaluation and approval.  A state agency may not
11.2 	undertake an information and communications telecommunications 
11.3 	technology project until it has been evaluated according to the
11.4 	procedures developed under subdivision 4.  The governor or
11.5 	governor's designee chief information officer shall give written
11.6 	approval of the proposed project. If the proposed project is
11.7 	not approved When notified by the chief information officer that
11.8 	a project has not been approved, the commissioner of finance
11.9 	shall cancel the unencumbered balance of any appropriation
11.10 	allotted for the project. This subdivision does not apply to
11.11 	acquisitions or development of information and communications
11.12 	systems that have anticipated total cost of less than $100,000.
11.13 	The Minnesota State Colleges and Universities shall submit for
11.14 	approval any project related to acquisitions or development of
11.15 	information and communications systems that has a total
11.16 	anticipated cost of more than $250,000.

11.17 	Sec. 12. Minnesota Statutes 2004, section 16E.03,
11.18 	subdivision 7, is amended to read:
11.19 		Subd. 7.data cyber security systems.  In consultation
11.20 	with the attorney general and appropriate agency heads, the
11.21 	commissioner chief information officer shall develop data cyber 
11.22 	security policies, guidelines, and standards, and the
11.23 	commissioner of administration shall install and administer
11.24 	state data security systems on the state's centralized computer
11.25 	facility facilities consistent with these policies, guidelines,
11.26 	standards, and state law to ensure the integrity of
11.27 	computer-based and other data and to ensure applicable
11.28 	limitations on access to data, consistent with the public's
11.29 	right to know as defined in chapter 13. The chief information
11.30 	officer is responsible for overall security of state agency
11.31 	networks connected to the Internet.Each department or agency
11.32 	head is responsible for the security of the department's or
11.33 	agency's data within the guidelines of established enterprise
11.34 	policy.

11.35 	Sec. 13. Minnesota Statutes 2004, section 16E.04, is
11.36 	amended to read:
12.1 	16E.04 INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS 
12.2 	TECHNOLOGY POLICY.
12.3 		Subdivision 1.Development. The office shall coordinate
12.4 	with state agencies in developing and establishing develop,
12.5 	establish, and enforce policies and standards for state agencies
12.6 	to follow in developing and purchasing information and
12.7 	communications telecommunications technology systems and
12.8 	services and training appropriate persons in their use.  The
12.9 	office shall develop, promote, and coordinate manage state
12.10 	technology, architecture, standards and guidelines, information
12.11 	needs analysis techniques, contracts for the purchase of
12.12 	equipment and services, and training of state agency personnel
12.13 	on these issues.
12.14 		Subd. 2.Responsibilities. (a) In addition to other
12.15 	activities prescribed by law, the office shall carry out the
12.16 	duties set out in this subdivision.
12.17 	(b) The office shall develop and establish a state
12.18 	information architecture to ensure that further state agency
12.19 	development and purchase of information and communications
12.20 	systems, equipment, and services is designed to ensure that
12.21 	individual agency information systems complement and do not
12.22 	needlessly duplicate or conflict with the systems of other
12.23 	agencies.  When state agencies have need for the same or similar
12.24 	public data, the commissioner chief information officer, in
12.25 	coordination with the affected agencies, shall promote manage 
12.26 	the most efficient and cost-effective method of producing and
12.27 	storing data for or sharing data between those agencies.  The
12.28 	development of this information architecture must include the
12.29 	establishment of standards and guidelines to be followed by
12.30 	state agencies. The office shall ensure compliance with the
12.31 	architecture.
12.32 	(c) The office shall assist state agencies in the planning
12.33 	and management of information systems so that an individual
12.34 	information system reflects and supports the state agency's
12.35 	mission and the state's requirements and functions. The office
12.36 	shall review and approve agency technology plans to ensure
13.1 	consistency with enterprise information and telecommunications
13.2 	technology strategy.
13.3 	(d) The office shall review and approve agency requests for
13.4 	legislative appropriations funding for the development or
13.5 	purchase of information systems equipment or software before the
13.6 	requests may be included in the governor's budget.
13.7 	(e) The office shall review major purchases of information
13.8 	systems equipment to:
13.9 	(1) ensure that the equipment follows the standards and
13.10 	guidelines of the state information architecture;
13.11 	(2) ensure that the equipment is consistent with the
13.12 	information management principles adopted by the Information
13.13 	Policy Council;
13.14 	(3) evaluate whether the agency's proposed purchase
13.15 	reflects a cost-effective policy regarding volume purchasing;
13.16 	and
13.17 	(4) (3) ensure that the equipment is consistent with other
13.18 	systems in other state agencies so that data can be shared among
13.19 	agencies, unless the office determines that the agency
13.20 	purchasing the equipment has special needs justifying the
13.21 	inconsistency.
13.22 	(f) The office shall review the operation of information
13.23 	systems by state agencies and provide advice and assistance to 
13.24 	ensure that these systems are operated efficiently and securely 
13.25 	and continually meet the standards and guidelines established by
13.26 	the office.  The standards and guidelines must emphasize
13.27 	uniformity that is cost-effective for the enterprise,that
13.28 	encourages information interchange, open systems environments,
13.29 	and portability of information whenever practicable and
13.30 	consistent with an agency's authority and chapter 13.
13.31 	(g) The office shall conduct a comprehensive review at
13.32 	least every three years of the information systems investments
13.33 	that have been made by state agencies and higher education
13.34 	institutions.  The review must include recommendations on any
13.35 	information systems applications that could be provided in a
13.36 	more cost-beneficial manner by an outside source.  The office
14.1 	must report the results of its review to the legislature and the
14.2 	governor.
14.3 		Subd. 3.Risk assessment and mitigation. (a) A risk
14.4 	assessment and risk mitigation plan are required for an all 
14.5 	information systems development project estimated to cost more
14.6 	than $1,000,000 that is projects undertaken by a state agency in
14.7 	the executive or judicial branch or by a constitutional officer.
14.8 	The commissioner of administration chief information officer 
14.9 	must contract with an entity outside of state government to
14.10 	conduct the initial assessment and prepare the mitigation plan
14.11 	for a project estimated to cost more than $5,000,000.  The
14.12 	outside entity conducting the risk assessment and preparing the
14.13 	mitigation plan must not have any other direct or indirect
14.14 	financial interest in the project.  The risk assessment and risk
14.15 	mitigation plan must provide for periodic monitoring by the
14.16 	commissioner until the project is completed.
14.17 	(b) The risk assessment and risk mitigation plan must be
14.18 	paid for with money appropriated for the information systems
14.19 	development and telecommunications technology project. The
14.20 	chief information officer must notify the commissioner of
14.21 	finance when work has begun on a project and must identify the
14.22 	proposed budget for the project.  The commissioner of finance
14.23 	shall ensure that no more than ten percent of the amount
14.24 	anticipated to proposed budget be spent on the project, other
14.25 	than the money spent on the risk assessment and risk mitigation
14.26 	plan, may be is spent until the risk assessment and mitigation
14.27 	plan are reported to the commissioner of administration chief
14.28 	information officer and the commissioner chief information
14.29 	officer has approved the risk mitigation plan.

14.30 	Sec. 14. Minnesota Statutes 2004, section 16E.0465,
14.31 	subdivision 1, is amended to read:
14.32 		Subdivision 1.Application.  This section applies to an
14.33 	appropriation of more than $1,000,000 of state or federal funds
14.34 	to a state agency for any information and communications 
14.35 	telecommunications technology project or data processing device
14.36 	or system or for any phase of such a project, device, or
15.1 	system.  For purposes of this section, an appropriation of state
15.2 	or federal funds to a state agency includes an appropriation:
15.3 	(1) to the Minnesota State Colleges and Universities;
15.4 	(2) to a constitutional officer;
15.5 	(3) (2) for a project that includes both a state agency and
15.6 	units of local government; and
15.7 	(4) (3) to a state agency for grants to be made to other
15.8 	entities.

15.9 	Sec. 15. Minnesota Statutes 2004, section 16E.0465,
15.10 	subdivision 2, is amended to read:
15.11 		Subd. 2.Required review and approval.  (a) A state
15.12 	agency receiving an appropriation for an information and
15.13 	communications telecommunications technology project or data
15.14 	processing device or system subject to this section must divide
15.15 	the project into phases.
15.16 	(b) The commissioner of finance may not authorize the
15.17 	encumbrance or expenditure of an appropriation of state funds to
15.18 	a state agency for any phase of a project, device, or system
15.19 	subject to this section unless the Office of Enterprise 
15.20 	Technology has reviewed each phase of the project, device, or
15.21 	system, and based on this review, the commissioner of
15.22 	administration chief information officer has determined for each
15.23 	phase that:
15.24 	(1) the project is compatible with the state information
15.25 	architecture and other policies and standards established by the
15.26 	commissioner of administration chief information officer; and 
15.27 	(2) the agency is able to accomplish the goals of the phase
15.28 	of the project with the funds appropriated; and 
15.29 	(3) the project supports the enterprise information
15.30 	technology strategy.

15.31 	Sec. 16. Minnesota Statutes 2004, section 16E.055, is
15.32 	amended to read:
15.33 	16E.055  COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.
15.34 	A state agency that implements electronic government
15.35 	services for fees, licenses, sales, or other purposes must use a
15.36 	common Web page format approved by the commissioner of
16.1 	administration for those electronic government services.  The
16.2 	commissioner may create a the single entry site created by the
16.3 	chief information officer for all agencies to use for electronic
16.4 	government services.

16.5 	Sec. 17. Minnesota Statutes 2004, section 16E.07,
16.6 	subdivision 8, is amended to read:
16.7 		Subd. 8.Secure transaction system.  The office shall
16.8 	plan and develop a secure transaction system to support delivery
16.9 	of government services electronically. A state agency that
16.10 	implements electronic government services for fees, licenses,
16.11 	sales, or other purposes must use the secure transaction system
16.12 	developed in accordance with this section.

16.13 	Sec. 18. [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
16.14 		Subdivision 1.Creation. The enterprise technology
16.15 	revolving fund is created in the state treasury.
16.16 		Subd. 2.Appropriation and uses of fund. Money in the
16.17 	enterprise technology revolving fund is appropriated annually to
16.18 	the chief information officer to operate information and
16.19 	telecommunications services, including management, consultation,
16.20 	and design services.
16.21 		Subd. 3.Reimbursements. Except as specifically provided
16.22 	otherwise by law, each agency shall reimburse the enterprise
16.23 	technology revolving fund for the cost of all services,
16.24 	supplies, materials, labor, and depreciation of equipment,
16.25 	including reasonable overhead costs, which the chief information
16.26 	officer is authorized and directed to furnish an agency.  The
16.27 	chief information officer shall report the rates to be charged
16.28 	for the revolving fund no later than July 1 each year to the
16.29 	chair of the committee or division in the senate and house of
16.30 	representatives with primary jurisdiction over the budget of the
16.31 	Office of Enterprise Technology.
16.32 		Subd. 4.Cash flow. The commissioner of finance shall
16.33 	make appropriate transfers to the revolving fund when requested
16.34 	by the chief information officer.  The chief information officer
16.35 	may make allotments and encumbrances in anticipation of such
16.36 	transfers.  In addition, the chief information officer, with the
17.1 	approval of the commissioner of finance, may require an agency
17.2 	to make advance payments to the revolving fund sufficient to
17.3 	cover the office's estimated obligation for a period of at least
17.4 	60 days.  All reimbursements and other money received by the
17.5 	chief information officer under this section must be deposited
17.6 	in the enterprise technology revolving fund.
17.7 		Subd. 5.Liquidation. If the enterprise technology
17.8 	revolving fund is abolished or liquidated, the total net profit
17.9 	from the operation of the fund must be distributed to the
17.10 	various funds from which purchases were made.  The amount to be
17.11 	distributed to each fund must bear to the net profit the same
17.12 	ratio as the total purchases from each fund bears to the total
17.13 	purchases from all the funds during the same period of time.

17.14 	Sec. 19. Minnesota Statutes 2004, section 299C.65,
17.15 	subdivision 1, is amended to read:
17.16 		Subdivision 1.Membership, duties.  (a) The Criminal and
17.17 	Juvenile Justice Information Policy Group consists of the
17.18 	commissioner of corrections, the commissioner of public safety,
17.19 	the commissioner of administration state chief information
17.20 	officer, the commissioner of finance, and four members of the
17.21 	judicial branch appointed by the chief justice of the Supreme
17.22 	Court.  The policy group may appoint additional, nonvoting
17.23 	members as necessary from time to time.
17.24 	(b) The commissioner of public safety is designated as the
17.25 	chair of the policy group.  The commissioner and the policy
17.26 	group have overall responsibility for the successful completion
17.27 	of statewide criminal justice information system integration
17.28 	(CriMNet).  The policy group may hire a program manager to
17.29 	manage the CriMNet projects and to be responsible for the
17.30 	day-to-day operations of CriMNet.  The policy group must ensure
17.31 	that generally accepted project management techniques are
17.32 	utilized for each CriMNet project, including:
17.33 	(1) clear sponsorship;
17.34 	(2) scope management;
17.35 	(3) project planning, control, and execution;
17.36 	(4) continuous risk assessment and mitigation;
18.1 	(5) cost management;
18.2 	(6) quality management reviews;
18.3 	(7) communications management; and
18.4 	(8) proven methodology.
18.5 	(c) Products and services for CriMNet project management,
18.6 	system design, implementation, and application hosting must be
18.7 	acquired using an appropriate procurement process, which
18.8 	includes:
18.9 	(1) a determination of required products and services;
18.10 	(2) a request for proposal development and identification
18.11 	of potential sources;
18.12 	(3) competitive bid solicitation, evaluation, and
18.13 	selection; and
18.14 	(4) contract administration and close-out.
18.15 	(d) The policy group shall study and make recommendations
18.16 	to the governor, the Supreme Court, and the legislature on:
18.17 	(1) a framework for integrated criminal justice information
18.18 	systems, including the development and maintenance of a
18.19 	community data model for state, county, and local criminal
18.20 	justice information;
18.21 	(2) the responsibilities of each entity within the criminal
18.22 	and juvenile justice systems concerning the collection,
18.23 	maintenance, dissemination, and sharing of criminal justice
18.24 	information with one another;
18.25 	(3) actions necessary to ensure that information maintained
18.26 	in the criminal justice information systems is accurate and
18.27 	up-to-date;
18.28 	(4) the development of an information system containing
18.29 	criminal justice information on gross misdemeanor-level and
18.30 	felony-level juvenile offenders that is part of the integrated
18.31 	criminal justice information system framework;
18.32 	(5) the development of an information system containing
18.33 	criminal justice information on misdemeanor arrests,
18.34 	prosecutions, and convictions that is part of the integrated
18.35 	criminal justice information system framework;
18.36 	(6) comprehensive training programs and requirements for
19.1 	all individuals in criminal justice agencies to ensure the
19.2 	quality and accuracy of information in those systems;
19.3 	(7) continuing education requirements for individuals in
19.4 	criminal justice agencies who are responsible for the
19.5 	collection, maintenance, dissemination, and sharing of criminal
19.6 	justice data;
19.7 	(8) a periodic audit process to ensure the quality and
19.8 	accuracy of information contained in the criminal justice
19.9 	information systems;
19.10 	(9) the equipment, training, and funding needs of the state
19.11 	and local agencies that participate in the criminal justice
19.12 	information systems;
19.13 	(10) the impact of integrated criminal justice information
19.14 	systems on individual privacy rights;
19.15 	(11) the impact of proposed legislation on the criminal
19.16 	justice system, including any fiscal impact, need for training,
19.17 	changes in information systems, and changes in processes;
19.18 	(12) the collection of data on race and ethnicity in
19.19 	criminal justice information systems;
19.20 	(13) the development of a tracking system for domestic
19.21 	abuse orders for protection;
19.22 	(14) processes for expungement, correction of inaccurate
19.23 	records, destruction of records, and other matters relating to
19.24 	the privacy interests of individuals; and
19.25 	(15) the development of a database for extended
19.26 	jurisdiction juvenile records and whether the records should be
19.27 	public or private and how long they should be retained.

19.28 	Sec. 20. Minnesota Statutes 2004, section 299C.65,
19.29 	subdivision 2, is amended to read:
19.30 		Subd. 2.Report, task force.  (a) The policy group shall
19.31 	file an annual report with the governor, Supreme Court, and
19.32 	chairs and ranking minority members of the senate and house
19.33 	committees and divisions with jurisdiction over criminal justice
19.34 	funding and policy by December 1 of each year.
19.35 	(b) The report must make recommendations concerning any
19.36 	legislative changes or appropriations that are needed to ensure
20.1 	that the criminal justice information systems operate accurately
20.2 	and efficiently.  To assist them in developing their
20.3 	recommendations, the policy group shall appoint a task force
20.4 	consisting of its members or their designees and the following
20.5 	additional members:
20.6 	(1) the director of the Office of Strategic and Long-Range
20.7 	Planning;
20.8 	(2) two sheriffs recommended by the Minnesota Sheriffs
20.9 	Association;
20.10 	(3) two police chiefs recommended by the Minnesota Chiefs
20.11 	of Police Association;
20.12 	(4) two county attorneys recommended by the Minnesota
20.13 	County Attorneys Association;
20.14 	(5) two city attorneys recommended by the Minnesota League
20.15 	of Cities;
20.16 	(6) two public defenders appointed by the Board of Public
20.17 	Defense;
20.18 	(7) two district judges appointed by the Conference of
20.19 	Chief Judges, one of whom is currently assigned to the juvenile
20.20 	court;
20.21 	(8) two community corrections administrators recommended by
20.22 	the Minnesota Association of Counties, one of whom represents a
20.23 	community corrections act county;
20.24 	(9) two probation officers;
20.25 	(10) four public members, one of whom has been a victim of
20.26 	crime, and two who are representatives of the private business
20.27 	community who have expertise in integrated information systems;
20.28 	(11) two court administrators;
20.29 	(12) one member of the house of representatives appointed
20.30 	by the speaker of the house;
20.31 	(13) one member of the senate appointed by the majority
20.32 	leader;
20.33 	(14) the attorney general or a designee;
20.34 	(15) the commissioner of administration state chief
20.35 	information officer or a designee;
20.36 	(16) an individual recommended by the Minnesota League of
21.1 	Cities; and
21.2 	(17) an individual recommended by the Minnesota Association
21.3 	of Counties.
21.4 	In making these appointments, the appointing authority shall
21.5 	select members with expertise in integrated data systems or best
21.6 	practices.
21.7 	(c) The commissioner of public safety may appoint
21.8 	additional, nonvoting members to the task force as necessary
21.9 	from time to time.

21.10 	Sec. 21. Minnesota Statutes 2004, section 403.36,
21.11 	subdivision 1, is amended to read:
21.12 		Subdivision 1.Membership.  (a) The commissioner of
21.13 	public safety shall convene and chair the Statewide Radio Board
21.14 	to develop a project plan for a statewide, shared, trunked
21.15 	public safety radio communication system.  The system may be
21.16 	referred to as "Allied Radio Matrix for Emergency Response," or
21.17 	"ARMER."
21.18 	(b) The board consists of the following members or their
21.19 	designees:
21.20 	(1) the commissioner of public safety;
21.21 	(2) the commissioner of transportation;
21.22 	(3) the commissioner of administration state chief
21.23 	information officer;
21.24 	(4) the commissioner of natural resources;
21.25 	(5) the chief of the Minnesota State Patrol;
21.26 	(6) the commissioner of health;
21.27 	(7) the commissioner of finance;
21.28 	(8) two elected city officials, one from the nine-county
21.29 	metropolitan area and one from Greater Minnesota, appointed by
21.30 	the governing body of the League of Minnesota Cities;
21.31 	(9) two elected county officials, one from the nine-county
21.32 	metropolitan area and one from Greater Minnesota, appointed by
21.33 	the governing body of the Association of Minnesota Counties;
21.34 	(10) two sheriffs, one from the nine-county metropolitan
21.35 	area and one from Greater Minnesota, appointed by the governing
21.36 	body of the Minnesota Sheriffs' Association;
22.1 	(11) two chiefs of police, one from the nine-county
22.2 	metropolitan area and one from Greater Minnesota, appointed by
22.3 	the governor after considering recommendations made by the
22.4 	Minnesota Chiefs' of Police Association;
22.5 	(12) two fire chiefs, one from the nine-county metropolitan
22.6 	area and one from Greater Minnesota, appointed by the governor
22.7 	after considering recommendations made by the Minnesota Fire
22.8 	Chiefs' Association;
22.9 	(13) two representatives of emergency medical service
22.10 	providers, one from the nine-county metropolitan area and one
22.11 	from Greater Minnesota, appointed by the governor after
22.12 	considering recommendations made by the Minnesota Ambulance
22.13 	Association;
22.14 	(14) the chair of the Metropolitan Radio Board; and
22.15 	(15) a representative of Greater Minnesota elected by those
22.16 	units of government in phase three and any subsequent phase of
22.17 	development as defined in the statewide, shared radio and
22.18 	communication plan, who have submitted a plan to the Statewide
22.19 	Radio Board and where development has been initiated.
22.20 	(c) The Statewide Radio Board shall coordinate the
22.21 	appointment of board members representing Greater Minnesota with
22.22 	the appointing authorities and may designate the geographic
22.23 	region or regions from which an appointed board member is
22.24 	selected where necessary to provide representation from
22.25 	throughout the state.

22.26 	Sec. 22. TRANSFER OF DUTIES.
 22.27 	Responsibilities of the commissioner of administration for
22.28 	state telecommunications systems, state information
22.29 	infrastructure, and electronic conduct of state business under
22.30 	Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
22.31 	16B.466; and 16B.467, are transferred to the Office of
22.32 	Enterprise Technology.  All positions in the Office of
22.33 	Technology and the Intertechnologies Group are transferred to
22.34 	the Office of Enterprise Technology.  Minnesota Statutes,
22.35 	section 15.039, applies to the transfer of responsibilities in
22.36 	this section.

23.1 	Sec. 23. 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:  16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
23.7 	16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
23.8 	16E.07, subdivision 4;
23.9 	(2) substitute the term "Office of Enterprise Technology"
23.10 	for the term "Office of Technology"; and 
23.11 	(3) recodify the following sections into chapter 16E:
23.12 	16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.

23.13 	Sec. 24. REPEALER.
 23.14 	Minnesota Statutes 2004, sections 16B.48, subdivision 3;
23.15 	and 16E.0465, subdivision 3, are repealed.

23.16 	Sec. 25. EFFECTIVE DATE.
 23.17 	Sections 1 to 24 are effective July 1, 2005.