HF 1389

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 07:21pm

A bill for an act
relating to state government; adding the Office of Enterprise Technology (OET)
to certain provisions and changing certain OET provisions; amending Minnesota
Statutes 2012, sections 3D.14; 15.06, subdivision 1; 16E.04, subdivision 2;
16E.18, subdivision 8; 43A.08, subdivision 1a; repealing Minnesota Statutes
2012, section 15.06, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 3D.14, is amended to read:

3D.14 CONTINUATION BY LAW.

(a) The following departments and agencies must be reviewed according to the
schedule in section 3D.21, but do not expire according to that schedule, unless another law
is enacted providing that the entity does expire:

(1) a department or agency listed in section 15.01 deleted text begin , deleted text end or deleted text begin section deleted text end 15.06, subdivision 1
deleted text begin or 1a deleted text end ; and

(2) the Office of Higher Education, Explore Minnesota Tourism, and the Public
Utilities Commission.

(b) During the regular session immediately before the sunset of a state agency or an
advisory committee that expires under section 3D.21, the legislature may enact legislation
to continue the agency or advisory committee for a period not to exceed 12 years. This
chapter does not prohibit the legislature from:

(1) terminating a state agency or advisory committee subject to this chapter at a date
earlier than that provided in this chapter; or

(2) considering any other legislation relative to a state agency or advisory committee
subject to this chapter.

Sec. 2.

Minnesota Statutes 2012, section 15.06, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments
or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
Education, Employment and Economic Development, Health, Human Rights, Labor and
Industry, Management and Budget, Natural Resources, Public Safety, Human Services,
Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution Control
Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation; new text begin the
Office of Enterprise Technology; new text end the Bureau of Mediation Services; and their successor
departments and agencies. The heads of the foregoing departments or agencies are
"commissioners."

Sec. 3.

Minnesota Statutes 2012, section 16E.04, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

(a) In addition to other activities prescribed by law, the
office shall carry out the duties set out in this subdivision.

(b) The office shall develop and establish a state information architecture to ensure:

(1) that state agency development and purchase of information and communications
systems, equipment, and services is designed to ensure that individual agency information
systems complement and do not needlessly duplicate or conflict with the systems of other
agencies; and

(2) enhanced public access to data can be provided consistent with standards
developed under section 16E.05, subdivision 4.

When state agencies have need for the same or similar public data, the chief information
officer, in coordination with the affected agencies, shall manage the most efficient and
cost-effective method of producing and storing data for or sharing data between those
agencies. The development of this information architecture must include the establishment
of standards and guidelines to be followed by state agencies. The office shall ensure
compliance with the architecture.

(c) The office shall, in cooperation with state agencies, plan and manage the
development and improvement of information systems so that an individual information
system reflects and supports the state agency's mission and the state's requirements
and functions. deleted text begin The office shall review and approve agency technology plans to ensure
consistency with enterprise information and telecommunications technology strategy. By
January 15 of each year, the chief information officer must report to the chairs and the
ranking minority members of the legislative committees and divisions with jurisdiction over
the office regarding the assistance provided under this paragraph. The report must include
a listing of agencies that have developed or are developing plans under this paragraph.
deleted text end

(d) The office shall review and approve agency requests for funding for the
development or purchase of information systems equipment or software before the
requests may be included in the governor's budget.

(e) The office shall review and approve agency requests for grant funding that have
an information and technology component.

(f) The office shall review major purchases of information systems equipment to:

(1) ensure that the equipment follows the standards and guidelines of the state
information architecture;

(2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
volume purchasing; and

(3) ensure that the equipment is consistent with other systems in other state agencies
so that data can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.

(g) The office shall review the operation of information systems by state agencies
and ensure that these systems are operated efficiently and securely and continually meet
the standards and guidelines established by the office. The standards and guidelines must
emphasize uniformity that is cost-effective for the enterprise, that encourages information
interchange, open systems environments, and portability of information whenever
practicable and consistent with an agency's authority and chapter 13.

deleted text begin (h) The office shall conduct a comprehensive review at least every three years of
the information systems investments that have been made by state agencies and higher
education institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by an outside
source. The office must report the results of its review to the legislature and the governor.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 16E.18, subdivision 8, is amended to read:

Subd. 8.

Exemption.

The system is exempt from the five-year limitation on
contracts set by sections new text begin 16C.03, subdivision 17, new text end 16C.05, subdivision 2, paragraph (b),
16C.08, subdivision 3, clause (5), and 16C.09, clause (6).

Sec. 5.

Minnesota Statutes 2012, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
Investment; the Office of Administrative Hearings; new text begin the Office of Enterprise Technology;
new text end the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota
State Colleges and Universities; the Minnesota Office of Higher Education; the Perpich
Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 15.06, subdivision 1a, new text end new text begin is repealed.
new text end