1.1 	A bill for an act
1.2 	relating to state government; consolidating services for information technology 
1.3 	and telecommunications technology; establishing an advisory committee; 
1.4 	transferring duties; requiring a report; appropriating money;amending Minnesota 
1.5 	Statutes 2010, sections 16B.99; 16E.14, by adding a subdivision; proposing 
1.6 	coding for new law in Minnesota Statutes, chapter 16E.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
1.9 	16B.99 GEOSPATIAL INFORMATION OFFICE.
1.10 		Subdivision 1.Creation. The Minnesota Geospatial Information Office is created 
1.11 	under the supervision of the commissioner of administration chief geospatial information 
1.12 	officer, who is appointed by the chief information officer.
1.13 		Subd. 2.Responsibilities; authority. The office has authority to provide 
1.14 	coordination, guidance, and leadership, and to plan the implementation of Minnesota's 
1.15 	geospatial information technology. The office must identify, coordinate, and guide 
1.16 	strategic investments in geospatial information technology systems, data, and services to 
1.17 	ensure effective implementation and use of Geospatial Information Systems (GIS) by state 
1.18 	agencies to maximize benefits for state government as an enterprise.
1.19 		Subd. 3.Duties. The office must:
1.20 	(1) coordinate and guide the efficient and effective use of available federal, 
1.21 	state, local, and public-private resources to develop statewide geospatial information 
1.22 	technology, data, and services;
1.23 	(2) provide leadership and outreach, and ensure cooperation and coordination for all 
1.24 	Geospatial Information Systems (GIS) functions in state and local government, including 
1.25 	coordination between state agencies, intergovernment coordination between state and local 
2.1 	units of government, and extragovernment coordination, which includes coordination with 
2.2 	academic and other private and nonprofit sector GIS stakeholders;
2.3 	(3) review state agency and intergovernment geospatial technology, data, and 
2.4 	services development efforts involving state or intergovernment funding, including federal 
2.5 	funding;
2.6 	(4) provide information to the legislature regarding projects reviewed, and 
2.7 	recommend projects for inclusion in the governor's budget under section 16A.11;
2.8 	(5) coordinate management of geospatial technology, data, and services between 
2.9 	state and local governments;
2.10 	(6) provide coordination, leadership, and consultation to integrate government 
2.11 	technology services with GIS infrastructure and GIS programs;
2.12 	(7) work to avoid or eliminate unnecessary duplication of existing GIS technology 
2.13 	services and systems, including services provided by other public and private organizations 
2.14 	while building on existing governmental infrastructures;
2.15 	(8) promote and coordinate consolidated geospatial technology, data, and services 
2.16 	and shared geospatial Web services for state and local governments; and
2.17 	(9) promote and coordinate geospatial technology training, technical guidance, and 
2.18 	project support for state and local governments.
2.19 		Subd. 4.Duties of chief geospatial information officer. (a) In consultation with the 
2.20 	state geospatial advisory council, the commissioner of administration, the commissioner 
2.21 	of management and budget, and the Minnesota chief geospatial information officer, the 
2.22 	chief geospatial information officer must identify when it is cost-effective for agencies to 
2.23 	develop and use shared information and geospatial technology systems, data, and services. 
2.24 	The chief geospatial information officer may require agencies to use shared information 
2.25 	and geospatial technology systems, data, and services.
2.26 	(b) The chief geospatial information officer, in consultation with the state 
2.27 	geospatial advisory council, must establish reimbursement rates in cooperation with the 
2.28 	commissioner of management and budget to bill agencies and other governmental entities 
2.29 	sufficient to cover the actual development, operation, maintenance, and administrative 
2.30 	costs of the shared systems. The methodology for billing may include the use of 
2.31 	interagency agreements, or other means as allowed by law.
2.32 		Subd. 5.Fees. (a) The chief geospatial information officer must set fees under 
2.33 	section 16A.1285 that reflect the actual cost of providing information products and 
2.34 	services to clients. Fees collected must be deposited in the state treasury and credited to 
2.35 	the Minnesota Geospatial Information Office revolving account. Money in the account 
2.36 	is appropriated to the chief geospatial information officer for providing Geospatial 
3.1 	Information Systems (GIS) consulting services, software, data, Web services, and map 
3.2 	products on a cost-recovery basis, including the cost of services, supplies, material, labor, 
3.3 	and equipment as well as the portion of the general support costs and statewide indirect 
3.4 	costs of the office that is attributable to the delivery of these products and services. Money 
3.5 	in the account must not be used for the general operation of the Minnesota Geospatial 
3.6 	Information Office.
3.7 	(b) The chief geospatial information officer may require a state agency to make an 
3.8 	advance payment to the revolving account sufficient to cover the agency's estimated 
3.9 	obligation for a period of 60 days or more. If the revolving account is abolished or 
3.10 	liquidated, the total net profit from the operation of the account must be distributed to the 
3.11 	various funds from which purchases were made. For a given period of time, the amount of 
3.12 	total net profit to be distributed to each fund must reflect the same ratio of total purchases 
3.13 	attributable to each fund divided by the total purchases from all funds.
3.14 		Subd. 6.Accountability. The chief geospatial information officer is appointed by 
3.15 	the commissioner of administration and must work closely with the Minnesota chief 
3.16 	information officer who shall advise on technology projects, standards, and services.
3.17 		Subd. 7.Discretionary powers. The office may:
3.18 	(1) enter into contracts for goods or services with public or private organizations 
3.19 	and charge fees for services it provides;
3.20 	(2) apply for, receive, and expend money from public agencies;
3.21 	(3) apply for, accept, and disburse grants and other aids from the federal government 
3.22 	and other public or private sources;
3.23 	(4) enter into contracts with agencies of the federal government, local government 
3.24 	units, the University of Minnesota and other educational institutions, and private persons 
3.25 	and other nongovernment organizations as necessary to perform its statutory duties;
3.26 	(5) appoint committees and task forces to assist the office in carrying out its duties;
3.27 	(6) sponsor and conduct conferences and studies, collect and disseminate 
3.28 	information, and issue reports relating to geospatial information and technology issues;
3.29 	(7) participate in the activities and conferences related to geospatial information 
3.30 	and communications technology issues;
3.31 	(8) review the Geospatial Information Systems (GIS) technology infrastructure 
3.32 	of regions of the state and cooperate with and make recommendations to the governor, 
3.33 	legislature, state agencies, local governments, local technology development agencies, 
3.34 	the federal government, private businesses, and individuals for the realization of GIS 
3.35 	information and technology infrastructure development potential;
4.1 	(9) sponsor, support, and facilitate innovative and collaborative geospatial systems 
4.2 	technology, data, and services projects; and
4.3 	(10) review and recommend alternative sourcing strategies for state geospatial 
4.4 	information systems technology, data, and services.
4.5 		Subd. 8.Geospatial advisory councils created. The chief geospatial information 
4.6 	officer must establish a governance structure that includes advisory councils to provide 
4.7 	recommendations for improving the operations and management of geospatial technology 
4.8 	within state government and also on issues of importance to users of geospatial technology 
4.9 	throughout the state.
4.10 	(a) A statewide geospatial advisory council must advise the Minnesota Geospatial 
4.11 	Information Office regarding the improvement of services statewide through the 
4.12 	coordinated, affordable, reliable, and effective use of geospatial technology. The 
4.13 	commissioner of administration chief information officer must appoint the members of the 
4.14 	council. The members must represent a cross-section of organizations including counties, 
4.15 	cities, universities, business, nonprofit organizations, federal agencies, and state agencies. 
4.16 	No more than 20 percent of the members may be employees of a state agency. In addition, 
4.17 	the chief geospatial information officer must be a nonvoting member.
4.18 	(b) A state government geospatial advisory council must advise the Minnesota 
4.19 	Geospatial Information Office on issues concerning improving state government services 
4.20 	through the coordinated, affordable, reliable, and effective use of geospatial technology. 
4.21 	The commissioner of administration chief information officer must appoint the members 
4.22 	of the council. The members must represent up to 15 state government agencies and 
4.23 	constitutional offices, including the Office of Enterprise Technology and the Minnesota 
4.24 	Geospatial Information Office. The council must be chaired by the chief geographic 
4.25 	information officer. A representative of the statewide geospatial advisory council must 
4.26 	serve as a nonvoting member.
4.27 	(c) Members of both the statewide geospatial advisory council and the state 
4.28 	government advisory council must be recommended by a process that ensures that each 
4.29 	member is designated to represent a clearly identified agency or interested party category 
4.30 	and that complies with the state's open appointment process. Members shall serve a 
4.31 	term of two years.
4.32 	(d) The Minnesota Geospatial Information Office must provide administrative 
4.33 	support for both geospatial advisory councils.
4.34 	(e) This subdivision expires June 30, 2011.
4.35 		Subd. 9.Report to legislature. By January 15, 2010, the chief geospatial 
4.36 	information officer must provide a report to the chairs and ranking minority members of 
5.1 	the legislative committees with jurisdiction over the policy and budget for the office. The 
5.2 	report must address all statutes that refer to the Minnesota Geospatial Information Office 
5.3 	or land management information system and provide any necessary draft legislation to 
5.4 	implement any recommendations.

5.5 	Sec. 2. [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY 
5.6 	SERVICES AND EQUIPMENT.
5.7 	(a) The chief information officer is responsible for providing or entering into 
5.8 	managed services contracts for the provision of the following information technology 
5.9 	systems and services to state agencies:
5.10 	(1) state data centers;
5.11 	(2) mainframes including system software;
5.12 	(3) servers including system software;
5.13 	(4) desktops including system software;
5.14 	(5) laptop computers including system software;
5.15 	(6) a data network including system software;
5.16 	(7) database, electronic mail, office systems, reporting, and other standard software 
5.17 	tools;
5.18 	(8) business application software and related technical support services;
5.19 	(9) help desk for the components listed in clauses (1) to (8);
5.20 	(10) maintenance, problem resolution, and break-fix for the components listed in 
5.21 	clauses (1) to (8);
5.22 	(11) regular upgrades and replacement for the components listed in clauses (1) 
5.23 	to (8); and
5.24 	(12) network-connected output devices.
5.25 	(b) All state agency employees whose work primarily involves functions specified 
5.26 	in paragraph (a) are employees of the Office of Enterprise Technology. This includes 
5.27 	employees who directly perform the functions in paragraph (a), as well as employees 
5.28 	whose work primarily involves managing, supervising, or providing administrative 
5.29 	services or support services to employees who directly perform these functions. The 
5.30 	chief information officer may assign employees of the office to perform work exclusively 
5.31 	for another state agency.
5.32 	(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow 
5.33 	a state agency to obtain services specified in paragraph (a) through a contract with an 
5.34 	outside vendor when the chief information officer and the agency head agree that a 
5.35 	contract would provide best value, as defined in section 16C.02, under the service-level 
6.1 	agreement. The chief information officer must require that agency contracts with outside 
6.2 	vendors ensure that systems and services are compatible with standards established by the 
6.3 	Office of Enterprise Technology.
6.4 	(d) In exercising authority under this section, the chief information officer 
6.5 	must cooperate with the commissioner of administration on contracts for acquisition 
6.6 	of information technology systems and services. The authority granted to the chief 
6.7 	information officer does not limit the procurement, contract management, and contract 
6.8 	review authority of the commissioner of administration under chapter 16C, including 
6.9 	authority of the commissioner to enter into and manage cooperative purchasing 
6.10 	agreements with other states.
6.11 	(e) The Minnesota State Retirement System, the Public Employees Retirement 
6.12 	Association, the Teachers Retirement Association, the State Board of Investment, the 
6.13 	Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide 
6.14 	Radio Board are not state agencies for purposes of this section.

6.15 	Sec. 3. [16E.036] ADVISORY COMMITTEE.
6.16 	(a) The Technology Advisory Committee is created to advise the chief information 
6.17 	officer. The committee consists of six members appointed by the governor who are 
6.18 	individuals actively involved in business planning for state executive branch agencies, 
6.19 	one county member designated by the Association of Minnesota Counties, one member 
6.20 	appointed by the governor as a representative of a union that represents state information 
6.21 	technology employees, and one member appointed by the governor to represent private 
6.22 	businesses.
6.23 	(b) Membership terms, removal of members, and filling of vacancies are as provided 
6.24 	in section 15.059. Members do not receive compensation or reimbursement for expenses. 
6.25 	(c) The committee shall select a chair from its members. The chief information 
6.26 	officer shall provide administrative support to the committee.
6.27 	(d) The committee shall advise the chief information officer on:
6.28 	(1) development and implementation of the state information technology strategic 
6.29 	plan;
6.30 	(2) critical information technology initiatives for the state;
6.31 	(3) standards for state information architecture;
6.32 	(4) identification of business and technical needs of state agencies;
6.33 	(5) strategic information technology portfolio management, project prioritization, 
6.34 	and investment decisions;
7.1 	(6) the office's performance measures and fees for service agreements with executive 
7.2 	branch agencies; 
7.3 	(7) management of the state enterprise technology revolving fund; and
7.4 	(8) the efficient and effective operation of the office.

7.5 	Sec. 4. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision 
7.6 	to read:
7.7 		Subd. 6.Technology improvement account. The technology improvement account 
7.8 	is established as an account in the enterprise technology fund. Money in the account is 
7.9 	appropriated to the chief information officer for the purpose of funding a project that will 
7.10 	result in improvements in state information and telecommunications technology. The 
7.11 	chief information officer may spend money from the account on behalf of a state agency 
7.12 	or group of agencies or may transfer money in the account to a state agency or group of 
7.13 	agencies only according to an agreement under which: (1) the chief information officer 
7.14 	has determined that savings generated by the project to be funded from the account will 
7.15 	exceed the cost of the project; and (2) the agency or agencies sponsoring the project have 
7.16 	developed a plan for recouping the project costs to the fund.

7.17 	Sec. 5. [16E.145] INFORMATION TECHNOLOGY APPROPRIATION.
7.18 	An appropriation for a state agency information and telecommunications technology 
7.19 	project must be made to the chief information officer. The chief information officer must 
7.20 	manage and disburse the appropriation on behalf of the sponsoring state agency. Any 
7.21 	appropriation for an information and telecommunications technology project made to a 
7.22 	state agency other than the Office of Enterprise Technology is transferred to the chief 
7.23 	information officer.

7.24 	EFFECTIVE DATE. This section is effective July 1, 2011, and applies to 
7.25 	appropriations made before or after that date. The remainder of any appropriation subject 
7.26 	to this section made before July 1, 2011, is transferred to the chief information officer on 
7.27 	July 1, 2011. Ten percent of the unspent and unencumbered appropriations made before 
7.28 	June 30, 2011, that would not otherwise cancel on June 30, 2011, that are transferred to 
7.29 	the chief information officer, may be used for expenses relating to the transfer of functions 
7.30 	under sections 1 to 8.

7.31 	Sec. 6. TRANSFERS; TRANSITION.
 7.32 	(a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations 
7.33 	relating to functions assigned to the chief information officer in Minnesota Statutes, 
8.1 	section 16E.0151, are transferred to the Office of Enterprise Technology from all other 
8.2 	state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph 
8.3 	(e), effective July 1, 2011. All reporting relationships associated with the transferred 
8.4 	powers, duties, responsibilities, assets, personnel, and unexpended appropriations are also 
8.5 	transferred to the Office of Enterprise Technology on July 1, 2011. By January 15, 2012, 
8.6 	the chief information officer shall submit to the legislature any statutory changes needed 
8.7 	to complete implementation of the transfer in this section.
8.8 	(b) Prior to the transfer mandated by paragraph (a), the chief information officer 
8.9 	must enter into a service-level agreement with each state agency governing the provision 
8.10 	of information technology systems and services in section 2. The agreements must specify 
8.11 	the services to be provided and the charges for these services. As specified in section 
8.12 	2, an agency may choose to obtain these services from an outside vendor, rather than 
8.13 	from the Office of Enterprise Technology. Authority to enter into agreements under this 
8.14 	paragraph is effective the day following final enactment, with the resulting agreements 
8.15 	effective July 1, 2011.
8.16 	(c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations 
8.17 	relating to geospatial information systems are transferred from the commissioner of 
8.18 	administration to the Office of Enterprise Technology.
8.19 	(d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive 
8.20 	branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary 
8.21 	to implement this section. 
8.22 	(e) The transfer of authority to the Office of Enterprise Technology in this article 
8.23 	does not require expansion or consolidation of office space, data centers, help desks, 
8.24 	or other systems. The chief information officer may implement expansion, relocation, 
8.25 	or consolidation to the extent feasible and desirable with existing resources, or to the 
8.26 	extent that savings resulting from the expansions or consolidations will pay for the costs 
8.27 	associated with these activities during the biennium ending June 30, 2013.
8.28 	(f) Expenses relating to transfer of functions and other implementation of sections 1 
8.29 	to 8 must be paid from the enterprise technology revolving fund.
8.30 	(g) The chief information officer must reduce the number of agency chief 
8.31 	information officer positions to 15 by December 31, 2011. The chief information officer, 
8.32 	in consultation with the commissioner of management and budget, must determine the 
8.33 	general fund savings resulting from elimination of each chief information officer position, 
8.34 	and the amount determined is transferred from the general fund appropriation to the 
8.35 	agency to the enterprise technology revolving fund.

9.1 	Sec. 7. STUDY.
 9.2 	The chief information officer in the Office of Enterprise Technology shall report 
9.3 	to the chairs and ranking minority members of the house of representatives and senate 
9.4 	committees with jurisdiction over state government finance by January 15, 2012, on 
9.5 	the feasibility and desirability of the office entering into service-level agreements with 
9.6 	the State Lottery and the Statewide Radio Board regarding provision of information 
9.7 	technology systems and services to those entities.

9.8 	Sec. 8. REVISOR'S INSTRUCTION.
 9.9 	The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into 
9.10 	Minnesota Statutes, chapter 16E.

9.11 	Sec. 9. EFFECTIVE DATE.
 9.12 	Sections 1 to 8 are effective July 1, 2011. However, the chief information officer 
9.13 	may phase in the transfer of functions required by sections 1 to 8 between July 1, 2011, 
9.14 	and July 1, 2012.