HF 3514

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; changing the name of the 
  1.3             office of technology to the technology policy bureau; 
  1.4             modifying its responsibilities for business licenses; 
  1.5             amending Minnesota Statutes 1998, sections 16E.01, as 
  1.6             amended; 16E.04, as amended; 16E.05; 16E.06; and 
  1.7             16E.07, subdivisions 2, 5, 6, 7, 8, 9, 10, and 11; 
  1.8             Minnesota Statutes 1999 Supplement, sections 16E.02, 
  1.9             subdivision 1; and 16E.08. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 16E.01, as 
  1.12  amended by Laws 1999, chapter 250, article 1, section 68, is 
  1.13  amended to read: 
  1.14     16E.01 [OFFICE OF TECHNOLOGY.] 
  1.15     Subdivision 1.  [PURPOSE.] The office of technology policy 
  1.16  bureau, referred to in this chapter as the "office," bureau, is 
  1.17  under the supervision of the commissioner of administration.  
  1.18  The office bureau shall provide leadership and direction for 
  1.19  information and communications technology policy in Minnesota.  
  1.20  The office bureau shall coordinate strategic investments in 
  1.21  information and communications technology to encourage the 
  1.22  development of a technically literate society and to ensure 
  1.23  sufficient access to and efficient delivery of government 
  1.24  services.  
  1.25     Subd. 2.  [DISCRETIONARY POWERS.] The office bureau may: 
  1.26     (1) enter into contracts for goods or services with public 
  1.27  or private organizations and charge fees for services it 
  2.1   provides; 
  2.2      (2) apply for, receive, and expend money from public 
  2.3   agencies; 
  2.4      (3) apply for, accept, and disburse grants and other aids 
  2.5   from the federal government and other public or private sources; 
  2.6      (4) enter into contracts with agencies of the federal 
  2.7   government, local governmental units, the University of 
  2.8   Minnesota and other educational institutions, and private 
  2.9   persons and other nongovernmental organizations as necessary to 
  2.10  perform its statutory duties; 
  2.11     (5) appoint committees and task forces of not more than two 
  2.12  years' duration to assist the office bureau in carrying out its 
  2.13  duties; 
  2.14     (6) sponsor and conduct conferences and studies, collect 
  2.15  and disseminate information, and issue reports relating to 
  2.16  information and communications technology issues; 
  2.17     (7) participate in the activities of standards bodies and 
  2.18  other appropriate conferences related to information and 
  2.19  communications technology issues; 
  2.20     (8) review the technology infrastructure of regions of the 
  2.21  state and cooperate with and make recommendations to the 
  2.22  governor, legislature, state agencies, local governments, local 
  2.23  technology development agencies, the federal government, private 
  2.24  businesses, and individuals for the realization of information 
  2.25  and communications technology infrastructure development 
  2.26  potential; 
  2.27     (9) sponsor, support, and facilitate innovative and 
  2.28  collaborative economic and community development and government 
  2.29  services projects, including technology initiatives related to 
  2.30  culture and the arts, with public and private organizations; and 
  2.31     (10) review and recommend alternative sourcing strategies 
  2.32  for state information and communications systems. 
  2.33     Subd. 3.  [DUTIES.] The office bureau shall: 
  2.34     (1) coordinate the efficient and effective use of available 
  2.35  federal, state, local, and private resources to develop 
  2.36  statewide information and communications technology and its 
  3.1   infrastructure; 
  3.2      (2) review state agency and intergovernmental information 
  3.3   and communications systems development efforts involving state 
  3.4   or intergovernmental funding, provide information to the 
  3.5   legislature regarding projects reviewed, and recommend projects 
  3.6   for inclusion in the governor's budget under section 16A.11; 
  3.7      (3) encourage cooperation and collaboration among state and 
  3.8   local governments in developing intergovernmental communication 
  3.9   and information systems, and define the structure and 
  3.10  responsibilities of the information policy council; 
  3.11     (4) cooperate and collaborate with the legislative and 
  3.12  judicial branches in the development of information and 
  3.13  communications systems in those branches; 
  3.14     (5) continue the development of North Star, the state's 
  3.15  official comprehensive online service and information 
  3.16  initiative; 
  3.17     (6) promote and collaborate with the state's agencies in 
  3.18  the state's transition to an effectively competitive 
  3.19  telecommunications market; 
  3.20     (7) collaborate with entities carrying out education and 
  3.21  lifelong learning initiatives to assist Minnesotans in 
  3.22  developing technical literacy and obtaining access to ongoing 
  3.23  learning resources; 
  3.24     (8) promote and coordinate public information access and 
  3.25  network initiatives, consistent with chapter 13, to connect 
  3.26  Minnesota's citizens and communities to each other, to their 
  3.27  governments, and to the world; 
  3.28     (9) promote and coordinate electronic commerce initiatives 
  3.29  to ensure that Minnesota businesses and citizens can 
  3.30  successfully compete in the global economy; 
  3.31     (10) promote and coordinate the regular and periodic 
  3.32  reinvestment in the core information and communications 
  3.33  technology infrastructure so that state and local government 
  3.34  agencies can effectively and efficiently serve their customers; 
  3.35     (11) facilitate the cooperative development of standards 
  3.36  for information systems, electronic data practices and privacy, 
  4.1   and electronic commerce among international, national, state, 
  4.2   and local public and private organizations; and 
  4.3      (12) work with others to avoid unnecessary duplication of 
  4.4   existing services provided by other public and private 
  4.5   organizations while building on the existing governmental, 
  4.6   educational, business, health care, and economic development 
  4.7   infrastructures. 
  4.8      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  4.9   16E.02, subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [OFFICE BUREAU MANAGEMENT AND STRUCTURE.] 
  4.11  The commissioner of administration is the state's chief 
  4.12  information officer and technology advisor to the governor.  The 
  4.13  staff of the office bureau must include individuals 
  4.14  knowledgeable in information and communications technology.  
  4.15     Sec. 3.  Minnesota Statutes 1998, section 16E.04, as 
  4.16  amended by Laws 1999, chapter 250, article 1, section 114, is 
  4.17  amended to read: 
  4.18     16E.04 [INFORMATION AND COMMUNICATIONS TECHNOLOGY POLICY.] 
  4.19     Subdivision 1.  [DEVELOPMENT.] The office bureau shall 
  4.20  coordinate with state agencies in developing and establishing 
  4.21  policies and standards for state agencies to follow in 
  4.22  developing and purchasing information and communications systems 
  4.23  and training appropriate persons in their use.  The office 
  4.24  bureau shall develop, promote, and coordinate state technology, 
  4.25  architecture, standards and guidelines, information needs 
  4.26  analysis techniques, contracts for the purchase of equipment and 
  4.27  services, and training of state agency personnel on these issues.
  4.28     Subd. 2.  [RESPONSIBILITIES.] (a) In addition to other 
  4.29  activities prescribed by law, the office bureau shall carry out 
  4.30  the duties set out in this subdivision. 
  4.31     (b) The office bureau shall develop and establish a state 
  4.32  information architecture to ensure that further state agency 
  4.33  development and purchase of information and communications 
  4.34  systems, equipment, and services is designed to ensure that 
  4.35  individual agency information systems complement and do not 
  4.36  needlessly duplicate or conflict with the systems of other 
  5.1   agencies.  When state agencies have need for the same or similar 
  5.2   public data, the commissioner, in coordination with the affected 
  5.3   agencies, shall promote the most efficient and cost-effective 
  5.4   method of producing and storing data for or sharing data between 
  5.5   those agencies.  The development of this information 
  5.6   architecture must include the establishment of standards and 
  5.7   guidelines to be followed by state agencies. 
  5.8      (c) The office bureau shall assist state agencies in the 
  5.9   planning and management of information systems so that an 
  5.10  individual information system reflects and supports the state 
  5.11  agency's mission and the state's requirements and functions. 
  5.12     (d) The office bureau shall review agency requests for 
  5.13  legislative appropriations for the development or purchase of 
  5.14  information systems equipment or software. 
  5.15     (e) The office bureau shall review major purchases of 
  5.16  information systems equipment to: 
  5.17     (1) ensure that the equipment follows the standards and 
  5.18  guidelines of the state information architecture; 
  5.19     (2) ensure that the equipment is consistent with the 
  5.20  information management principles adopted by the information 
  5.21  policy council; 
  5.22     (3) evaluate whether the agency's proposed purchase 
  5.23  reflects a cost-effective policy regarding volume purchasing; 
  5.24  and 
  5.25     (4) ensure that the equipment is consistent with other 
  5.26  systems in other state agencies so that data can be shared among 
  5.27  agencies, unless the office bureau determines that the agency 
  5.28  purchasing the equipment has special needs justifying the 
  5.29  inconsistency. 
  5.30     (f) The office bureau shall review the operation of 
  5.31  information systems by state agencies and provide advice and 
  5.32  assistance to ensure that these systems are operated efficiently 
  5.33  and continually meet the standards and guidelines established by 
  5.34  the office bureau.  The standards and guidelines must emphasize 
  5.35  uniformity that encourages information interchange, open systems 
  5.36  environments, and portability of information whenever 
  6.1   practicable and consistent with an agency's authority and 
  6.2   chapter 13.  The office bureau, in consultation with the 
  6.3   intergovernmental information systems advisory council and the 
  6.4   legislative reference library, shall recommend specific 
  6.5   standards and guidelines for each state agency within a time 
  6.6   period fixed by the office bureau in regard to the following: 
  6.7      (1) establishing methods and systems directed at reducing 
  6.8   and ultimately eliminating redundant storage of data; and 
  6.9      (2) establishing information sales systems that utilize 
  6.10  licensing and royalty agreements to the greatest extent 
  6.11  possible, together with procedures for agency denial of requests 
  6.12  for licenses or royalty agreements by commercial users or 
  6.13  resellers of the information.  Section 3.751 does not apply to 
  6.14  those licensing and royalty agreements, and the agreements must 
  6.15  include provisions that section 3.751 does not apply and that 
  6.16  the state is immune from liability under the agreement. 
  6.17     (g) The office bureau shall conduct a comprehensive review 
  6.18  at least every three years of the information systems 
  6.19  investments that have been made by state agencies and higher 
  6.20  education institutions.  The review must include recommendations 
  6.21  on any information systems applications that could be provided 
  6.22  in a more cost-beneficial manner by an outside source.  
  6.23  The office bureau must report the results of its review to the 
  6.24  legislature and the governor. 
  6.25     (h) The office bureau shall report to the legislature by 
  6.26  January 15 of each year on progress in implementing paragraph 
  6.27  (f), clauses (1) and (2). 
  6.28     Sec. 4.  Minnesota Statutes 1998, section 16E.05, is 
  6.29  amended to read: 
  6.30     16E.05 [GOVERNMENT INFORMATION ACCESS.] 
  6.31     Subdivision 1.  [DUTIES.] The office bureau, in 
  6.32  consultation with interested persons, shall: 
  6.33     (1) coordinate statewide efforts by units of state and 
  6.34  local government to plan for and develop a system for providing 
  6.35  access to government services; 
  6.36     (2) make recommendations to facilitate coordination and 
  7.1   assistance of demonstration projects; and 
  7.2      (3) explore ways and means to improve citizen and business 
  7.3   access to public services, including implementation of 
  7.4   technological improvements. 
  7.5      Subd. 2.  [APPROVAL OF STATE AGENCY INITIATIVES.] A state 
  7.6   agency shall coordinate with the office bureau when implementing 
  7.7   a new initiative for providing electronic access to state 
  7.8   government information. 
  7.9      Subd. 3.  [CAPITAL INVESTMENT.] No state agency may propose 
  7.10  or implement a capital investment plan for a state office 
  7.11  building unless: 
  7.12     (1) the agency has developed a plan for increasing 
  7.13  telecommuting by employees who would normally work in the 
  7.14  building, or the agency has prepared a statement describing why 
  7.15  such a plan is not practicable; and 
  7.16     (2) the plan or statement has been reviewed by the office 
  7.17  bureau. 
  7.18     Sec. 5.  Minnesota Statutes 1998, section 16E.06, is 
  7.19  amended to read: 
  7.20     16E.06 [DATA PRIVACY.] 
  7.21     The following data submitted to the office bureau by 
  7.22  businesses are private data on individuals or nonpublic data:  
  7.23  financial statements, business plans, income and expense 
  7.24  projections, customer lists, and market and feasibility studies 
  7.25  not paid for with public funds. 
  7.26     Sec. 6.  Minnesota Statutes 1998, section 16E.07, 
  7.27  subdivision 2, is amended to read: 
  7.28     Subd. 2.  [ESTABLISHED.] The office bureau shall establish 
  7.29  "North Star" as the state's comprehensive government online 
  7.30  information service.  North Star is the state's governmental 
  7.31  framework for coordinating and collaborating in providing online 
  7.32  government information and services.  Government agencies that 
  7.33  provide electronic access to government information are 
  7.34  requested to make available to North Star their most frequently 
  7.35  requested public data.  
  7.36     Sec. 7.  Minnesota Statutes 1998, section 16E.07, 
  8.1   subdivision 5, is amended to read: 
  8.2      Subd. 5.  [PARTICIPATION; CONSULTATION; GUIDELINES.] The 
  8.3   North Star staff shall consult with governmental and 
  8.4   nongovernmental organizations to establish rules for 
  8.5   participation in the North Star service.  Government units 
  8.6   planning, developing, or providing publicly accessible online 
  8.7   services shall provide access through and collaborate with North 
  8.8   Star and formally register with the office bureau.  The 
  8.9   University of Minnesota is requested to establish online 
  8.10  connections and collaborate with North Star.  Units of the 
  8.11  legislature shall make their services available through North 
  8.12  Star.  Government units may be required to submit standardized 
  8.13  directory and general content for core services but are not 
  8.14  required to purchase core services from North Star.  North Star 
  8.15  shall promote broad public access to the sources of online 
  8.16  information or services through multiple technologies.  
  8.17     Sec. 8.  Minnesota Statutes 1998, section 16E.07, 
  8.18  subdivision 6, is amended to read: 
  8.19     Subd. 6.  [FEES.] The office bureau shall establish fees 
  8.20  for technical and transaction services for government units 
  8.21  through North Star.  Fees must be credited to the North Star 
  8.22  account.  The office bureau may not charge a fee for viewing or 
  8.23  inspecting data made available through North Star or linked 
  8.24  facilities, unless specifically authorized by law. 
  8.25     Sec. 9.  Minnesota Statutes 1998, section 16E.07, 
  8.26  subdivision 7, is amended to read: 
  8.27     Subd. 7.  [NORTH STAR ACCOUNT.] The North Star account is 
  8.28  created in the special revenue fund.  The account consists of: 
  8.29     (1) grants received from nonstate entities; 
  8.30     (2) fees and charges collected by the office bureau; 
  8.31     (3) gifts, donations, and bequests made to the office 
  8.32  bureau; and 
  8.33     (4) other money credited to the account by law. 
  8.34     Money in the account is appropriated to the office bureau 
  8.35  to be used to continue the development of the North Star project.
  8.36     Sec. 10.  Minnesota Statutes 1998, section 16E.07, 
  9.1   subdivision 8, is amended to read: 
  9.2      Subd. 8.  [SECURE TRANSACTION SYSTEM.] The office bureau 
  9.3   shall plan and develop a secure transaction system to support 
  9.4   delivery of government services electronically. 
  9.5      Sec. 11.  Minnesota Statutes 1998, section 16E.07, 
  9.6   subdivision 9, is amended to read: 
  9.7      Subd. 9.  [AGGREGATION OF SERVICE DEMAND.] The office 
  9.8   bureau shall identify opportunities to aggregate demand for 
  9.9   technical services required by government units for online 
  9.10  activities and may contract with governmental or nongovernmental 
  9.11  entities to provide services.  These contracts are not subject 
  9.12  to the requirements of chapters 16B and 16C, except sections 
  9.13  16C.04, 16C.07, 16C.08, and 16C.09. 
  9.14     Sec. 12.  Minnesota Statutes 1998, section 16E.07, 
  9.15  subdivision 10, is amended to read: 
  9.16     Subd. 10.  [OUTREACH.] The office bureau may promote the 
  9.17  availability of government online information and services 
  9.18  through public outreach and education.  Public network expansion 
  9.19  in communities through libraries, schools, colleges, local 
  9.20  government, and other community access points must include 
  9.21  access to North Star.  North Star may make materials available 
  9.22  to those public sites to promote awareness of the service. 
  9.23     Sec. 13.  Minnesota Statutes 1998, section 16E.07, 
  9.24  subdivision 11, is amended to read: 
  9.25     Subd. 11.  [ADVANCED DEVELOPMENT COLLABORATION.] The office 
  9.26  bureau shall identify information technology services with broad 
  9.27  public impact and advanced development requirements.  Those 
  9.28  services shall assist in the development of and utilization of 
  9.29  core services to the greatest extent possible where appropriate, 
  9.30  cost-effective, and technically feasible.  This includes, but is 
  9.31  not limited to, higher education, statewide online library, 
  9.32  economic and community development, and K-12 educational 
  9.33  technology services.  North Star shall participate in electronic 
  9.34  commerce research and development initiatives with the 
  9.35  University of Minnesota and other partners.  The statewide 
  9.36  online library service shall consult, collaborate, and work with 
 10.1   North Star to ensure development of proposals for advanced 
 10.2   government information locator and electronic depository and 
 10.3   archive systems. 
 10.4      Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 10.5   16E.08, is amended to read: 
 10.6      16E.08 [BUSINESS LICENSE INFORMATION.] 
 10.7      The office technology policy bureau shall coordinate the 
 10.8   design, establishment, implementation, and maintenance of an 
 10.9   electronic system to allow the public to retrieve by computer 
 10.10  information prepared by the department of trade and economic 
 10.11  development bureau of business licenses on licenses and their 
 10.12  requirements.  The office technology policy bureau shall 
 10.13  establish the format and standards for retrieval consistent with 
 10.14  state information and data interchange policies.  The electronic 
 10.15  system must also be designed to allow the public to apply for 
 10.16  and obtain business licenses and permits on line.  The office 
 10.17  technology policy bureau shall integrate the system with the 
 10.18  North Star online information system.  The office technology 
 10.19  policy bureau shall work in collaboration with the department of 
 10.20  trade and economic development bureau of business licenses.  The 
 10.21  bureau of business licenses is responsible for creating and 
 10.22  maintaining the information on licenses and their requirements.  
 10.23  The technology policy bureau is responsible for operating the 
 10.24  business license and permit online system. 
 10.25     Sec. 15.  [REVISOR'S INSTRUCTION.] 
 10.26     The revisor shall substitute "technology policy bureau" for 
 10.27  "office of technology" in Minnesota Statutes, sections 16B.335, 
 10.28  16B.42, 125B.21, 136F.59, 138.17, and 221.173. 
 10.29     Sec. 16.  [EFFECTIVE DATE.] 
 10.30     Sections 1 to 14 are effective the day following final 
 10.31  enactment.