as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; modifying the provision 1.3 of telecommunications and information services by the 1.4 commissioner of administration; amending Minnesota 1.5 Statutes 2002, section 16B.465, as amended. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 16B.465, as 1.8 amended by Laws 2003, chapter 130, section 12; and Laws 2003, 1.9 First Special Session chapter 1, article 2, sections 41 and 42, 1.10 is amended to read: 1.11 16B.465 [STATEINFORMATION INFRASTRUCTUREENTERPRISE 1.12 NETWORK AND FINISHED SERVICES.] 1.13 Subdivision 1. [POLICY.] (a) The statethrough its1.14departments and agenciesshallseek ways tomeetitsthe 1.15 telecommunications and information services needs of state 1.16 agencies in a manner that willhelp topromote investment and 1.17 growth of the private sectorinformation infrastructure1.18 throughout the state. 1.19 (b) The commissioner shall ensure that telecommunications 1.20 and information services are acquired in a manner that: 1.21 (1) promotes the availability of technologies with 1.22 statewide high-speed or advanced telecommunications capability 1.23 for both public and private customers in a reasonable and timely 1.24 fashion; 1.25 (2) enables the cost-effective provision of 2.1 telecommunications and information services tothe entities2.2identified in this sectionstate agencies; 2.3 (3) uses standards-based open, interoperable networksto2.4the extent practicableand associated protocols and processes; 2.5 (4)promotesensures fair and open competition in the 2.6 delivery of telecommunications and information services; 2.7 (5) promotes economic development; 2.8 (6) allows effective stateinformation infrastructure2.9 enterprise network management, responsiveness, and fault 2.10 protection; 2.11(6)(7) provides enterprise networkwide security and 2.12 confidentiality as appropriate for promoting public safety, 2.13 health, and welfare; and 2.14(7)(8) meets performance standards that are reasonable and 2.15 necessary. 2.16(c) The state may purchase, own, or lease customer premises2.17equipment. Customer premises equipment consists of terminal and2.18associated equipment and inside wire located at an end user's2.19premises and connected with communication channels at the point2.20established in a building or a complex to separate customer2.21equipment from the network. Customer premises equipment also2.22includes, but is not limited to, communications devices eligible2.23for distribution to communications impaired persons under2.24section 237.51, subdivision 1.2.25(d) This section does not prohibit the commissioner or2.26other governmental entity from owning, leasing, operating, and2.27staffing a network operation center that allows the commissioner2.28to test, troubleshoot, and maintain network operations.2.29 Subd. 1a. [CREATIONSTATE ENTERPRISE NETWORK.]Except as2.30provided in subdivision 4,(a) The commissioner, through the2.31state information infrastructure,shall design, plan, arrange 2.32 forthe, provisionof, and manage a core state enterprise 2.33 network that meets the voice, data, video, and other 2.34 telecommunicationstransmissionand information servicesto2.35 demands of state agencies and those entities defined in 2.36 subdivision 3, paragraph (b). The commissioner shall establish 3.1 and publish a central services gateway architecture to the state 3.2 enterprise network, along with necessary protocols and processes 3.3 that will enable private sector vendors to interconnect the 3.4 networks of their customers, as described in subdivision 3, 3.5 paragraph (b), with agencies on a nondiscriminatory basis at 3.6 fair and reasonable rates.The state information infrastructure3.7may also serve educational institutions, including public3.8schools as defined in section 120A.05, subdivisions 9, 11, 13,3.9and 17, nonpublic, church or religious organization schools that3.10provide instruction in compliance with sections 120A.22,3.11120A.24, and 120A.41, and private colleges; public corporations;3.12Indian tribal governments; state political subdivisions; and3.13public noncommercial educational television broadcast stations3.14as defined in section 129D.12, subdivision 2. ItThe state 3.15 enterprise network is not a telephone company for purposes of 3.16 chapter 237.The commissioner may purchase, own, or lease any3.17telecommunications network facilities or equipment after first3.18seeking bids or proposals and having determined that the private3.19sector cannot, will not, or is unable to provide these services,3.20facilities, or equipment as bid or proposed in a reasonable or3.21timely fashion consistent with policy set forth in this3.22section. The commissioner shall not resell or sublease any3.23services or facilities to nonpublic entities except to serve3.24private schools and colleges. The commissioner has the3.25responsibility for planning, development, and operations of the3.26state information infrastructure in order to provide3.27cost-effective telecommunications transmission services to state3.28information infrastructure users consistent with the policy set3.29forth in this section.3.30 (b) The commissioner may purchase, own, or lease customer 3.31 premises equipment. Customer premises equipment consists of 3.32 terminal and associated equipment and inside wire located on 3.33 agency's premises and connected with communication channels at 3.34 the point established in a building or a complex to separate 3.35 customer equipment from the enterprise network. Customer 3.36 premise equipment also includes, but is not limited to, 4.1 communications devices eligible for distribution to 4.2 communications-impaired persons under section 237.51, 4.3 subdivision 1. 4.4 (c) This section does not prohibit the commissioner or 4.5 other governmental entity from owning, leasing, operating, and 4.6 staffing a network operation center that allows the commissioner 4.7 to test, troubleshoot, and maintain the enterprise network 4.8 operations. 4.9 Subd. 3. [DUTIESFINISHED SERVICES.] (a) Subject to 4.10 subdivision 4a, the commissioner shall: 4.11 (1) consult, design, plan, arrange for, provision, or 4.12 manage the voice, data, video, and other 4.13 telecommunicationstransmissionand information servicestoof 4.14 the stateand to political subdivisions through an account in4.15the intertechnologies revolving fundagencies; 4.16 (2) assist the entities defined in paragraph (b) to 4.17 interconnect their respective networks with the core state 4.18 enterprise network consistent with subdivision 1, paragraph (a); 4.19 (3) manage vendor relationships, enterprise network 4.20 function, and capacity planning in order to be responsive to the 4.21 needs ofthestateinformation infrastructure users4.22 agencies; and 4.23(3) set rates and fees for services;4.24(4) approve contracts for services, facilities, or4.25equipment relating to the system;4.26(5) develop a system plan and the annual program and fiscal4.27plans for the system; and4.28(6) in consultation with the commissioner of education in4.29regard to schools, assist state agencies, political subdivisions4.30of the state, and higher education institutions, including4.31private colleges and public and private schools, to identify4.32their telecommunication needs, and develop plans for4.33interoperability of the network consistent with the policies in4.34subdivision 1, paragraphs (a) and (b). When requested, the4.35commissioner may also assist in identifying, purchasing, or4.36leasing their customer premises equipment.5.1 (4) establish fair and reasonable reimbursement rates in 5.2 cooperation with the commissioner of finance to be billed to all 5.3 agencies sufficient to cover the operating, maintenance, and 5.4 administrative costs associated with the state enterprise 5.5 network and finished services provided. 5.6 (b)The commissioner may purchase, own, or lease any5.7telecommunications network facilities or equipment after first5.8seeking bids or proposals and having determined that the private5.9sector cannot, will not, or is unable to provide these services,5.10facilities, or equipment as bid or proposed in a reasonable and5.11timely fashion consistent with the policy set forth in this5.12section.The commissioner shall not consult, design, plan, 5.13 arrange for, provision, or manage the voice, data, video, and 5.14 information services for educational institutions, including 5.15 public schools as defined in section 120A.05, subdivisions 9, 5.16 11, 13, and 17; nonpublic, church, or religious organization 5.17 schools that provide instruction in compliance with sections 5.18 120A.22, 120A.24, and 120A.41; private colleges; public 5.19 corporations; Indian tribal governments; state political 5.20 subdivisions; and public noncommercial educational television 5.21 broadcast stations as defined in section 129D.12. 5.22 (c) The commissioner must conclude any agreement or 5.23 contract for consulting, design, planning, arranging for, 5.24 provisioning, or managing the voice, data, video, and 5.25 information services between the state and an entity defined in 5.26 paragraph (b) in effect as of March 1, 2004, at the first 5.27 available termination date. If, after a request for proposal, 5.28 no private entity can serve a public school as defined in 5.29 section 120A.05, subdivisions 9, 11, 13, and 17, at a price 5.30 comparable to the price offered by the commissioner, the school 5.31 may continue receiving service from the commissioner until 5.32 January 1, 2007, when the school must issue another request for 5.33 proposal. 5.34Subd. 4. [PROGRAM PARTICIPATION.] The commissioner may5.35require the participation of state agencies and the commissioner5.36of education, and may request the participation of the Board of6.1Regents of the University of Minnesota and the Board of Trustees6.2of the Minnesota State Colleges and Universities, in the6.3planning and implementation of the network to provide6.4interconnective technologies. The Board of Trustees of the6.5Minnesota State Colleges and Universities may opt out of6.6participation as a subscriber on the network, in whole or in6.7part, if the board is able to secure telecommunications services6.8from another source that ensures it will achieve the policy6.9objectives set forth in subdivision 1.6.10 Subd. 4a. [ALTERNATIVEECONOMIC DEVELOPMENT AGGREGATION.] 6.11 The commissionermay, but is not required to, approveshall 6.12 require state agencies to participate in community-based 6.13 aggregation of demand for telecommunications and information 6.14 servicesfor state agencies, including Minnesota State Colleges6.15and Universitiestogether with those entities described in 6.16 subdivision 3, paragraph (b), and the private sector whenever 6.17 reasonable economic benefits are anticipated to result from such 6.18 aggregation.To be considered a community-based aggregation6.19projectIn such cases: 6.20(1) the project must aggregate telecommunications demands6.21of state agencies with that of the private sector in a community6.22or a group of communities in a geographic region to the extent6.23permitted by law; and(a) The commissioner shall recuse himself 6.24 or herself from the duties described in subdivision 3, paragraph 6.25 (a), and shall cooperate with qualified private sector vendors 6.26 to accomplish the greatest economic development benefits 6.27 possible for the community. 6.28(2)(b) The aggregation must result in the provision of 6.29 telecommunicationsinfrastructure improvementsand information 6.30 services that ensure the policy set forth in subdivision 1, 6.31 paragraphs (a) and (b). 6.32Subd. 4b. [RATES.] (a) The commissioner shall establish6.33reimbursement rates in cooperation with the commissioner of6.34finance to be billed to participating agencies and educational6.35institutions sufficient to cover the operating, maintenance, and6.36administrative costs of the system.7.1(b) Except as otherwise provided in subdivision 4, a direct7.2appropriation made to an educational institution for usage costs7.3associated with the state information infrastructure must only7.4be used by the educational institution for payment of usage7.5costs of the network as billed by the commissioner of7.6administration.7.7 Subd. 6. [APPROPRIATION.] Money appropriated for the state 7.8information infrastructureenterprise network and fees for 7.9telecommunicationsfinished services must be deposited in an 7.10 account in theintertechnologiesoffice of technology fund. 7.11 Money in the account is appropriated annually to the 7.12 commissioner to carry out the purposes of this section. 7.13 Subd. 7. [EXEMPTION.] The system is exempt from the 7.14 five-year limitation on contracts set by sections 16C.05, 7.15 subdivision 2, paragraph (b), 16C.08, subdivision 3, clause (5), 7.16 and 16C.09, clause (6).