HF 1744

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

A bill for an act
relating to government operations; creating technology accessibility standards
for the state; authorizing rulemaking; establishing the advisory committee
for technology standards for accessibility and usability; requiring a report;
appropriating money; amending Minnesota Statutes 2008, sections 16C.02, by
adding a subdivision; 16C.03, subdivision 3; 16C.08, subdivision 2; 16E.01,
subdivisions 1a, 3, by adding a subdivision; 16E.02, subdivision 1; 16E.03,
subdivisions 2, 4, by adding a subdivision; 16E.04, subdivision 1; 16E.07,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 16E.

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

Section 1.

Minnesota Statutes 2008, section 16C.02, is amended by adding a
subdivision to read:

new text begin Subd. 22. new text end

new text begin Accessibility and accessible. new text end

new text begin "Accessibility" and "accessible" mean the
accessibility standards provided in rules adopted under section 16E.03.
new text end

Sec. 2.

Minnesota Statutes 2008, section 16C.03, subdivision 3, is amended to read:

Subd. 3.

Acquisition authority.

The commissioner shall acquire all goods, services,
and utilities needed by agencies. The commissioner shall acquire goods, services, and
utilities by requests for bids, requests for proposals, reverse auctions as provided in
section 16C.10, subdivision 7, or other methods provided by law, unless a section of law
requires a particular method of acquisition to be used. The commissioner shall make all
decisions regarding acquisition activities. The determination of the acquisition method
and all decisions involved in the acquisition process, unless otherwise provided for by
law, shall be based on best value which includes an evaluation of price and may include
other considerations including, but not limited to, environmental considerations, quality,
and vendor performance. A best value determination must be based on the evaluation
criteria detailed in the solicitation document. If criteria other than price are used, the
solicitation document must state the relative importance of price and other factors. Any
or all responses may be rejected. When using the request for bid process, the bid must
be awarded to the lowest responsive and responsible bidder, taking into consideration
conformity with the specifications, terms of delivery, the purpose for which the contract
or purchase is intended, the status and capability of the vendor, and other considerations
imposed in the request for bids. The commissioner may decide which is the lowest
responsible bidder for all purchases and may use the principles of life-cycle costing, where
appropriate, in determining the lowest overall bid. The duties set forth in this subdivision
are subject to delegation pursuant to this section.

new text begin The commissioner may require participation by other agencies in the development of
enterprise procurements, including the development of product standards, the application
of accessibility standards, specifications, and other requirements.
new text end

Sec. 3.

Minnesota Statutes 2008, section 16C.08, subdivision 2, is amended to read:

Subd. 2.

Duties of contracting agency.

(a) Before an agency may seek approval of
a professional or technical services contract valued in excess of $5,000, it must provide
the following:

(1) a description of how the proposed contract or amendment is necessary and
reasonable to advance the statutory mission of the agency;

(2) a description of the agency's plan to notify firms or individuals who may be
available to perform the services called for in the solicitation;

(3) a description of the performance measures or other tools new text begin , including accessibility
measures if applicable, new text end that will be used to monitor and evaluate contract performance; and

(4) an explanation detailing, if applicable, why this procurement is being pursued
unilaterally by the agency and not as an enterprise procurement.

(b) In addition to paragraph (a), the agency must certify that:

(1) no current state employee is able and available to perform the services called
for by the contract;

(2) the normal competitive bidding mechanisms will not provide for adequate
performance of the services;

(3) reasonable efforts will be made to publicize the availability of the contract to
the public;

(4) the agency will develop and implement a written plan providing for the
assignment of specific agency personnel to manage the contract, including a monitoring
and liaison function, the periodic review of interim reports or other indications of past
performance, and the ultimate utilization of the final product of the services;

(5) the agency will not allow the contractor to begin work before the contract is fully
executed unless an exception under section 16C.05, subdivision 2a, has been granted by
the commissioner and funds are fully encumbered;

(6) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract;

(7) in the event the results of the contract work will be carried out or continued by
state employees upon completion of the contract, the contractor is required to include
state employees in development and training, to the extent necessary to ensure that after
completion of the contract, state employees can perform any ongoing work related to the
same function; and

(8) the agency will not contract out its previously eliminated jobs for four years
without first considering the same former employees who are on the seniority unit layoff
list who meet the minimum qualifications determined by the agency.

(c) A contract establishes an employment relationship for purposes of paragraph (b),
clause (6), if, under federal laws governing the distinction between an employee and an
independent contractor, a person would be considered an employee.

Sec. 4.

Minnesota Statutes 2008, section 16E.01, subdivision 1a, is amended to read:

Subd. 1a.

Responsibilities.

The office shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, new text begin accessibility, new text end and security of information and telecommunications technology
systems and services in Minnesota. The office shall manage strategic investments in
information and telecommunications technology systems and services to encourage the
development of a technically literate society, to ensure sufficient access to and efficient
delivery of new text begin accessible new text end government services, and to maximize benefits for the state
government as an enterprise.

Sec. 5.

Minnesota Statutes 2008, section 16E.01, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office shall:

(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications
technology systems and services and its infrastructure;

(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding
projects reviewed, and recommend projects for inclusion in the governor's budget under
section 16A.11;

(3) ensure cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services, and define the structure and responsibilities of a representative governance
structure;

(4) cooperate and collaborate with the legislative and judicial branches in the
development of information and communications systems in those branches;

(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;

(6) promote and collaborate with the state's agencies in the state's transition to an
effectively competitive telecommunications market;

(7) collaborate with entities carrying out education and lifelong learning initiatives
to assist Minnesotans in developing technical literacy and obtaining access to ongoing
learning resources;

(8) promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each
other, to their governments, and to the world;

(9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
businesses and citizens can successfully compete in the global economy;

(10) manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;

(11) facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services,
electronic data practices and privacy, and electronic commerce among international,
national, state, and local public and private organizations;

(12) eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by other public and private
organizations while building on the existing governmental, educational, business, health
care, and economic development infrastructures;

(13) identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations; deleted text begin and
deleted text end

(14) ensure overall security of the state's information and technology systems and
services new text begin ; and
new text end

new text begin (15) ensure compliance with accessibility standards for informational technology,
including hardware, software, Web sites, online forms, and online surveys new text end .

(b) The chief information officer, in consultation with the commissioner of
finance, must determine when it is cost-effective for agencies to develop and use shared
information and telecommunications technology systems and services for the delivery of
electronic government services. The chief information officer may require agencies to
use shared information and telecommunications technology systems and services. The
chief information officer shall establish reimbursement rates in cooperation with the
commissioner of finance to be billed to agencies and other governmental entities sufficient
to cover the actual development, operating, maintenance, and administrative costs of
the shared systems. The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.

(c) A state agency that has an information and telecommunications technology
project with a total expected project cost of more than $1,000,000, whether funded as part
of the biennial budget or by any other means, shall register with the office by submitting
basic project startup documentation, as specified by the chief information officer in both
format and content, before any project funding is requested or committed and before
the project commences. State agency project leaders must demonstrate that the project
will be properly managed, provide updates to the project documentation as changes are
proposed, and regularly report on the current status of the project on a schedule agreed to
with the chief information officer.

(d) The chief information officer shall monitor progress on any active information
and telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the
projects subject to paragraph (c) must be presented to agency executive sponsors, the
project governance bodies, and the chief information officer. All reports and responses
must become part of the project record.

(e) For any active information and telecommunications technology project with a
total expected project cost of more than $10,000,000, the state agency must perform an
annual independent audit that conforms to published project audit principles promulgated
by the office.

(f) The chief information officer shall report by January 15 of each year to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
clause (2). The report must include the reasons for the determinations made in the review
of each project and a description of its current status.

Sec. 6.

Minnesota Statutes 2008, section 16E.01, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin For the purposes of chapter 16E, "accessibility" and
"accessible" mean the accessibility standards adopted by rule under section 16E.03.
new text end

Sec. 7.

Minnesota Statutes 2008, section 16E.02, subdivision 1, is amended to read:

Subdivision 1.

Office management and structure.

(a) The chief information officer
is appointed by the governor. The chief information officer serves in the unclassified
service at the pleasure of the governor. The chief information officer must have experience
leading enterprise-level information technology organizations. The chief information
officer is the state's chief information officer and information and telecommunications
technology advisor to the governor.

(b) The chief information officer may appoint other employees of the office.
The staff of the office must include individuals knowledgeable in information and
telecommunications technology systems and services and individuals with specialized
training in information security new text begin and accessibility new text end .

Sec. 8.

Minnesota Statutes 2008, section 16E.03, subdivision 2, is amended to read:

Subd. 2.

Chief information officer's responsibility.

The chief information officer
shall coordinate the state's information and telecommunications technology systems and
services to serve the needs of the state government. The chief information officer shall:

(1) design a master plan for information and telecommunications technology
systems and services in the state and its political subdivisions and shall report on the plan
to the governor and legislature at the beginning of each regular session;

(2) coordinate, review, and approve all information and telecommunications
technology projects and oversee the state's information and telecommunications
technology systems and services;

(3) establish and enforce compliance with standards for information and
telecommunications technology systems and services that are cost-effective and support
open systems environments and that are compatible with state, national, and international
standards new text begin , including accessibility standards new text end ;

(4) maintain a library of systems and programs developed by the state and its
political subdivisions for use by agencies of government;

(5) direct and manage the shared operations of the state's information and
telecommunications technology systems and services; and

(6) establish and enforce standards and ensure acquisition of hardware and software
necessary to protect data and systems in state agency networks connected to the Internet.

Sec. 9.

Minnesota Statutes 2008, section 16E.03, subdivision 4, is amended to read:

Subd. 4.

Evaluation procedure.

The chief information officer shall establish and,
as necessary, update and modify procedures to evaluate information and communications
projects proposed by state agencies. The evaluation procedure must assess the necessity,
design and plan for development, ability to meet user requirements, feasibility, and
flexibility of the proposed data processing device or system, its relationship to other
state data processing devices or systems, and its costs and benefits when considered by
itself and when compared with other options. new text begin The evaluation procedure must assess
accessibility of the information and communications projects.
new text end

Sec. 10.

Minnesota Statutes 2008, section 16E.03, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Accessibility standards. new text end

new text begin The chief information officer shall adopt
rules establishing technology access standards applicable to technology, software, and
hardware procurement. The rules adopted under this section must incorporate Section
508 of the Rehabilitation Act, United States Code, title 29, section 794d, as amended
by the Workforce Investment Act of 1998, Public Law 105-220, August 7, 1998, and
the Web Content Accessibility and Guidelines, 2.0. The chief information officer must
review subsequent revisions to Section 508 of the Rehabilitation Act and to the Web
Content Accessibility and Guidelines and may adopt rules incorporating the revisions in
the technology access standards.
new text end

Sec. 11.

Minnesota Statutes 2008, section 16E.04, subdivision 1, is amended to read:

Subdivision 1.

Development.

The office shall develop, establish, and enforce
policies and standards new text begin , including accessibility standards, new text end for state agencies to follow in
developing and purchasing information and telecommunications technology systems and
services and training appropriate persons in their use. The office shall develop, promote,
and manage state technology, architecture, standards and guidelines, information needs
analysis techniques, contracts for the purchase of equipment and services, and training
of state agency personnel on these issues.

Sec. 12.

new text begin [16E.0475] ADVISORY COMMITTEE FOR TECHNOLOGY
STANDARDS FOR ACCESSIBILITY AND USABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Advisory Committee for Technology Standards
for Accessibility and Usability consists of ten members, appointed as follows:
new text end

new text begin (1) the state chief information officer, or the state chief information officer's designee;
new text end

new text begin (2) a representative from State Services for the Blind, appointed by the commissioner
of employment and economic development;
new text end

new text begin (3) the commissioner of administration, or the commissioner's designee;
new text end

new text begin (4) a representative selected by the Minnesota system of technology to achieve
results program;
new text end

new text begin (5) a representative selected by the Commission of Deaf, DeafBlind, and Hard
of Hearing Minnesotans;
new text end

new text begin (6) the commissioner of education, or the commissioner's designee;
new text end

new text begin (7) the commissioner of health, or the commissioner's designee;
new text end

new text begin (8) the commissioner of human services, or the commissioner's designee;
new text end

new text begin (9) one representative from the Minnesota judicial system designated by the chief
justice; and
new text end

new text begin (10) one staff member from the legislature, appointed by the chair of the Legislative
Coordinating Commission.
new text end

new text begin The appointing authorities under this subdivision must use their best efforts to ensure
that the membership of the advisory committee includes at least one representative who is
deaf, hard-of-hearing, or deaf-blind, and at least one representative who is blind.
new text end

new text begin The advisory committee shall elect a chair from its membership.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory committee shall:
new text end

new text begin (1) establish and implement review processes to be used for the evaluation of
accessibility of information technology systems against accessibility standards;
new text end

new text begin (2) review and evaluate the accessibility and usability of any purchased or created
information technology and telecommunications systems;
new text end

new text begin (3) provide, in consultation with state agencies serving disabled Minnesotans,
training and technical assistance for state agency staff, including instruction regarding
compliance with accessibility standards;
new text end

new text begin (4) convene customer groups composed of individuals with disabilities to assist in
implementation of accessibility standards;
new text end

new text begin (5) review customer comments about accessibility and usability issues collected by
State Services for the Blind; and
new text end

new text begin (6) develop proposals for funding captioning of live videoconferencing, live
Webcasts, Web streaming, podcasts, and other emerging technologies.
new text end

new text begin The advisory committee shall report to the chairs and ranking minority members of
the legislative committees with jurisdiction over state technology systems by January 15
of each year, regarding the findings, progress, and recommendations made by the advisory
committee under this subdivision. The report shall include any draft legislation necessary
to implement the committee's recommendations.
new text end

new text begin Subd. 3. new text end

new text begin Terms, compensation, and removal. new text end

new text begin The terms, compensation, and
removal of members are governed by section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2011.
new text end

Sec. 13.

Minnesota Statutes 2008, section 16E.07, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) Core services. "Core services" means new text begin accessible new text end information system applications
required to provide secure information services and online applications and content to the
public from government units. Online applications may include, but are not limited to:

(1) standardized public directory services and standardized content services;

(2) online search systems;

(3) general technical services to support government unit online services;

(4) electronic conferencing and communication services;

(5) secure electronic transaction services;

(6) digital audio, video, and multimedia services; and

(7) government intranet content and service development.

(c) Government unit. "Government unit" means a state department, agency,
commission, council, board, task force, or committee; a constitutional office; a court
entity; the Minnesota State Colleges and Universities; a county, statutory or home rule
charter city, or town; a school district; a special district; or any other board, commission,
district, or authority created under law, local ordinance, or charter provision.

Sec. 14. new text begin ESTABLISHMENT OF ADVISORY COMMITTEE FOR
TECHNOLOGY STANDARDS.
new text end

new text begin The appointing authorities for the advisory committee established in Minnesota
Statutes, section 16E.0475, must complete their appointments by August 1, 2009. The
chief information officer or the chief information officer's designee shall convene the
first meeting of the committee no later than September 1, 2009. The committee shall
elect a chair as provided in Minnesota Statutes, section 16E.0475, at the first meeting of
the committee.
new text end

Sec. 15. new text begin TELECOMMUNICATIONS ACCESS MINNESOTA FUND;
APPROPRIATION.
new text end

new text begin Notwithstanding the limitations and in addition to the appropriation authorized
in Minnesota Statutes, section 237.52, $300,000 in fiscal year 2010 and $300,000 in
fiscal year 2011 are appropriated from the telecommunications access Minnesota fund
as follows:
new text end

new text begin (1) $100,000 each year to the chief information officer for coordinating technology
accessibility and usability;
new text end

new text begin (2) $100,000 each year to the Commission of Deaf, DeafBlind, and Hard of Hearing
Minnesotans to provide information on their Web site in American Sign Language and to
provide technical assistance to state agencies; and
new text end

new text begin (3) $100,000 each year to the Legislative Coordinating Commission for a pilot
program to provide live streaming of legislative sessions on the commission's Web site.
new text end

new text begin This is a onetime appropriation.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2009.
new text end