1.1 	A bill for an act
1.2 	relating to state government; requiring state agencies to use open data formats; 
1.3 	amending Minnesota Statutes 2005 Supplement, sections 16E.03, subdivision 1; 
1.4 	16E.04, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 16E.03, subdivision 1, is 
1.7 	amended to read:
1.8 		Subdivision 1.Definitions. For the purposes of chapter 16E, the following terms 
1.9 	have the meanings given them.
1.10 	(a) "Information and telecommunications technology systems and services" means 
1.11 	all computing and telecommunications hardware and software, the activities undertaken 
1.12 	to secure that hardware and software, and the activities undertaken to acquire, transport, 
1.13 	process, analyze, store, and disseminate information electronically. "Information and 
1.14 	telecommunications technology systems and services" includes all proposed expenditures 
1.15 	for computing and telecommunications hardware and software, security for that hardware 
1.16 	and software, and related consulting or other professional services.
1.17 	(b) "Information and telecommunications technology project" means an effort to 
1.18 	acquire or produce information and telecommunications technology systems and services.
1.19 	(c) "Telecommunications" means voice, video, and data electronic transmissions 
1.20 	transported by wire, wireless, fiber-optic, radio, or other available transport technology.
1.21 	(d) "Cyber security" means the protection of data and systems in networks connected 
1.22 	to the Internet.
1.23 	(e) "State agency" means an agency in the executive branch of state government 
1.24 	and includes the Minnesota Higher Education Services Office, but does not include the 
2.1 	Minnesota State Colleges and Universities unless specifically provided elsewhere in 
2.2 	this chapter.
2.3 	(f) "Open standards" means specifications for the encoding and transfer of computer 
2.4 	data that: 
2.5 	(1) is free for all to implement and use in perpetuity, with no royalty or fee; 
2.6 	(2) has no restrictions on the use of data stored in the format; 
2.7 	(3) has no restrictions on the creation of software that stores, transmits, receives, or 
2.8 	accesses data codified in such way; 
2.9 	(4) has a specification available for all to read, in a human-readable format, written 
2.10 	in commonly accepted technical language; 
2.11 	(5) is documented, so that anyone can write software that can read and interpret the 
2.12 	complete semantics of any data file stored in the data format; 
2.13 	(6) if it allows extensions, ensures that all extensions of the data format are 
2.14 	themselves documented and have the other characteristics of an open data format; 
2.15 	(7) allows any file written in that format to be identified as adhering or not adhering 
2.16 	to the format; 
2.17 	(8) if it includes any use of encryption, provides that the encryption algorithm is 
2.18 	usable on a royalty-free, nondiscriminatory manner in perpetuity, and is documented 
2.19 	so that anyone in possession of the appropriate encryption key or keys is able to write 
2.20 	software to unencrypt the data.
2.21 	(g) "Restricted format" means any data format that is accessed, stored, or transferred 
2.22 	and is not open standards compliant. 

2.23 	Sec. 2. Minnesota Statutes 2005 Supplement, section 16E.04, subdivision 2, is 
2.24 	amended to read:
2.25 		Subd. 2.Responsibilities. (a) In addition to other activities prescribed by law, the 
2.26 	office shall carry out the duties set out in this subdivision.
2.27 	(b) The office shall develop and establish a state information architecture to ensure 
2.28 	that state agency development and purchase of information and communications systems, 
2.29 	equipment, and services is designed to ensure that individual agency information systems 
2.30 	complement and do not needlessly duplicate or conflict with the systems of other agencies. 
2.31 	When state agencies have need for the same or similar public data, the chief information 
2.32 	officer, in coordination with the affected agencies, shall manage the most efficient and 
2.33 	cost-effective method of producing and storing data for or sharing data between those 
2.34 	agencies. The development of this information architecture must include the establishment 
3.1 	of standards and guidelines to be followed by state agencies. The office shall ensure 
3.2 	compliance with the architecture.
3.3 	(c) The office shall assist state agencies in the planning and management of 
3.4 	information systems so that an individual information system reflects and supports the 
3.5 	state agency's mission and the state's requirements and functions. The office shall review 
3.6 	and approve agency technology plans to ensure consistency with enterprise information 
3.7 	and telecommunications technology strategy.
3.8 	(d) The office shall review and approve agency requests for funding for the 
3.9 	development or purchase of information systems equipment or software before the 
3.10 	requests may be included in the governor's budget.
3.11 	(e) The office shall review major purchases of information systems equipment to:
3.12 	(1) ensure that the equipment follows the standards and guidelines of the state 
3.13 	information architecture;
3.14 	(2) ensure the agency's proposed purchase reflects a cost-effective policy regarding 
3.15 	volume purchasing; and
3.16 	(3) ensure that the equipment is consistent with other systems in other state agencies 
3.17 	so that data can be shared among agencies, unless the office determines that the agency 
3.18 	purchasing the equipment has special needs justifying the inconsistency.
3.19 	(f) The office shall review the operation of information systems by state agencies 
3.20 	and ensure that these systems are operated efficiently and securely and continually meet 
3.21 	the standards and guidelines established by the office. The standards and guidelines must 
3.22 	emphasize uniformity that is cost-effective for the enterprise, that encourages information 
3.23 	interchange, open systems environments, and portability of information whenever 
3.24 	practicable and consistent with an agency's authority and chapter 13.
3.25 	(g) The office shall assist state agencies to avoid the purchase or creation of data 
3.26 	processing devices or systems that do not comply with open standards for the accessing, 
3.27 	storing, or transferring of data. The office shall:
3.28 	(1) ensure any new data standards which the state of Minnesota defines and to which 
3.29 	it owns all rights are open standards compliant; 
3.30 	(2) use open standards in situations where the other requirements of a project do not 
3.31 	make it technically impossible to do this. For a particular project involving the access, 
3.32 	storage, or transfer of data, a restricted data format may be chosen when satisfaction 
3.33 	of essential project requirements precludes the use of an open data format. Neither the 
3.34 	current storage format of previously collected data, nor current utilization of specific 
3.35 	software products, is a sufficient reason, in absence of other specific overriding functional 
3.36 	requirements, to use a restricted format; 
4.1 	(3) reexamine existing data stored in a restricted format, to which the state of 
4.2 	Minnesota does not own the rights, every four years to determine if the format has become 
4.3 	open and, if not, whether an appropriate open standard exists; 
4.4 	(4) make readily accessible, from a central location on the Internet, documentation 
4.5 	on open data formats used by the state of Minnesota. When data in open format is made 
4.6 	available through the state's Web site, a link shall be provided to the corresponding data 
4.7 	format documentation. 
4.8 	(h) The office shall conduct a comprehensive review at least every three years of 
4.9 	the information systems investments that have been made by state agencies and higher 
4.10 	education institutions. The review must include recommendations on any information 
4.11 	systems applications that could be provided in a more cost-beneficial manner by an outside 
4.12 	source. The office must report the results of its review to the legislature and the governor.