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HF 4536

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/07/2020 02:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; establishing a Legislative Commission on
Cybersecurity; providing legislative appointments; changing the name of the Office
of MN.IT Services; changing provisions in chapter 16E; amending Minnesota
Statutes 2018, sections 16E.01; 16E.016; 16E.02; 16E.03, subdivisions 2, 3, 6;
16E.036; 16E.04, subdivision 3; 16E.0465, subdivision 2; 16E.05, subdivision 1;
16E.07, subdivision 12; 16E.21, subdivision 2; 97A.057, subdivision 1; Minnesota
Statutes 2019 Supplement, section 16E.03, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2018,
sections 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071; 16E.145.

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

ARTICLE 1

LEGISLATIVE COMMISSION ON CYBERSECURITY

Section 1.

new text begin [3.888] LEGISLATIVE COMMISSION ON CYBERSECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Legislative Commission on Cybersecurity consists
of the following eight members:
new text end

new text begin (1) four senators, including two senators appointed by the senate majority leader and
two senators appointed by the senate minority leader; and
new text end

new text begin (2) four members of the house of representatives, including two members appointed by
the speaker of the house and two members appointed by the minority leader of the house.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies. new text end

new text begin Members of the commission serve for a two-year term
beginning upon appointment and expiring on appointment of a successor after the opening
of the next regular session of the legislature in the odd-numbered year. A vacancy in the
membership of the commission must be filled for the unexpired term in a manner that will
preserve the representation established by this section.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commission shall provide oversight of the state's cybersecurity
measures. The commission shall review the policies and practices of state agencies with
regard to cybersecurity and may recommend changes in policy to adequately protect the
state from cybersecurity threats. The commission may develop recommendations and draft
legislation to support and strengthen the state's cybersecurity infrastructure.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The commission shall elect a chair by a majority vote of members
present. The officers shall alternate between a member of the senate and a member of the
house of representatives. A chair shall serve a two-year term expiring upon election of a
new chair after the opening of the next regular session of the legislature in the odd-numbered
year.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. The minutes,
recordings, and documents from a closed meeting under this subdivision shall be maintained
by the Legislative Coordinating Commission and shall not be made available to the public
until eight years after the date of the meeting.
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin The Legislative Coordinating Commission shall provide
administrative services for the commission.
new text end

new text begin Subd. 7. new text end

new text begin Sunset. new text end

new text begin The commission sunsets December 31, 2028.
new text end

Sec. 2. new text begin FIRST APPOINTMENTS AND FIRST MEETING OF LEGISLATIVE
COMMISSION ON CYBERSECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin First appointments. new text end

new text begin Appointing authorities must make initial
appointments to the Legislative Commission on Cybersecurity by July 1, 2020.
new text end

new text begin Subd. 2. new text end

new text begin First meeting. new text end

new text begin The majority leader of the senate shall designate one senate
member of the Legislative Commission on Cybersecurity under Minnesota Statutes, section
3.888, to convene the first meeting by August 15, 2020. The commission must select a chair
from among the senate members at the first meeting.
new text end

new text begin Subd. 3. new text end

new text begin Meetings in 2020. new text end

new text begin Notwithstanding Minnesota Statutes, section 3.888,
subdivision 5, the commission must meet at least twice in 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2018, section 16E.01, is amended to read:


16E.01 deleted text begin OFFICE OF MN.ITdeleted text end new text begin MINNESOTA DEPARTMENT OF INFORMATION
TECHNOLOGY
new text end SERVICES.

Subdivision 1.

Creation; chief information officer.

The deleted text begin Office of MN.ITdeleted text end new text begin Minnesota
Department of Information Technology Services, which may also be known as Minnesota
Information Technology Services or Minnesota IT
new text end Services, referred to in this chapter as
the deleted text begin "office,"deleted text end new text begin "department,"new text end is an agency in the executive branch headed by a commissioner,
who also is the deleted text begin statedeleted text end chief information officer. The appointment of the commissioner is
subject to the advice and consent of the senate under section 15.066.

Subd. 1a.

Responsibilities.

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

Subd. 2.

Discretionary powers.

The deleted text begin officedeleted text end new text begin departmentnew text end may:

(1) enter into contracts for goods or services with public or private organizations and
charge fees for services it provides;

(2) apply for, receive, and expend money from public agencies;

(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;

(4) enter into contracts with agencies of the federal government, local governmental
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernmental organizations as necessary to perform its statutory duties;

(5) sponsor and conduct conferences and studies, collect and disseminate information,
and issue reports relating to information and communications technology issues;

(6) review the technology infrastructure of regions of the state and cooperate with and
make recommendations to the governor, legislature, state agencies, local governments, local
technology development agencies, the federal government, private businesses, and individuals
for the realization of information and communications technology infrastructure development
potential;

(7) sponsor, support, and facilitate innovative and collaborative economic and community
development and government services projects, including technology initiatives related to
culture and the arts, with public and private organizations; and

(8) review and recommend alternative sourcing strategies for state information and
communications systems.

Subd. 3.

Duties.

(a) The deleted text begin officedeleted text end new text begin departmentnew text end 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) deleted text begin ensuredeleted text end new text begin promotenew text end cooperation and collaboration among state and local governments
in developing intergovernmental information and telecommunications technology systems
and servicesdeleted text begin , and define the structure and responsibilities of a representative governance
structure
deleted text end ;

(4) cooperate and collaborate with the legislative and judicial branches in the development
of information and communications systems in those branchesnew text begin , as requestednew text end ;

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

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

deleted text begin (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;
deleted text end

deleted text begin (8)deleted text end new text begin (6)new text end 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;

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

deleted text begin (10)deleted text end new text begin (7)new text end 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;

deleted text begin (11)deleted text end new text begin (8)new text end facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services,
electronic data practices and privacydeleted text begin , and electronic commerce among international, national,
state, and local public and private organizations
deleted text end new text begin within the executive branchnew text end ;

deleted text begin (12)deleted text end new text begin (9)new text end eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by state agencies;

deleted text begin (13)deleted text end new text begin (10)new text end identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;

deleted text begin (14)deleted text end new text begin (11)new text end ensure overall security of the state's information and technology systems and
services; and

deleted text begin (15)deleted text end new text begin (12)new text end manage and direct compliance with accessibility standards for informational
technology, including hardware, software, websites, online forms, and online surveys.

(b) The chief information officer, in consultation with the commissioner of management
and budget, 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 management and budget 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
deleted text begin with a total expected project cost of more than $1,000,000deleted text end , whether funded as part of the
biennial budget or by any other means, shall register with the deleted text begin officedeleted text end new text begin departmentnew text end by submitting
basic project startup documentation, as specified by the chief information officer in both
format and contentdeleted text begin , before any project funding is requested or committed and before the
project commences
deleted text end . 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.new text begin The chief information officer has the authority to define a project
for the purposes of this chapter.
new text end

(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 deleted text begin promulgateddeleted text end new text begin adoptednew text end
by the deleted text begin officedeleted text end new text begin departmentnew text end .

(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 deleted text begin officedeleted text end new text begin departmentnew text end regarding projects the deleted text begin officedeleted text end new text begin departmentnew text end has reviewed under
paragraph (a), clause deleted text begin (13)deleted text end new text begin (10)new text end . The report must include the reasons for the determinations
made in the review of each project and a description of its current status.

Sec. 2.

Minnesota Statutes 2018, section 16E.016, is amended to read:


16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES
AND EQUIPMENT.

(a) The chief information officer is responsible for providing or entering into managed
services contracts for the provision, improvement, and development of the following
information technology systems and services to state agencies:

(1) state data centers;

(2) mainframes including system software;

(3) servers including system software;

(4) desktops including system software;

(5) laptop computers including system software;

(6) a data network including system software;

(7) database, electronic mail, office systems, reporting, and other standard software
tools;

(8) business application software and related technical support services;

(9) help desk for the components listed in clauses (1) to (8);

(10) maintenance, problem resolution, and break-fix for the components listed in clauses
(1) to (8);

(11) regular upgrades and replacement for the components listed in clauses (1) to (8);
and

(12) network-connected output devices.

(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the deleted text begin Office of MN.IT Servicesdeleted text end new text begin Minnesota Department of
Information Technology Services
new text end . This includes employees who directly perform the
functions in paragraph (a), as well as employees whose work primarily involves managing,
supervising, or providing administrative services or support services to employees who
directly perform these functions. The chief information officer may assign employees of
the deleted text begin officedeleted text end new text begin departmentnew text end to perform work exclusively for another state agency.

(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a
state agency to obtain services specified in paragraph (a) through a contract with an outside
vendor when the chief information officer and the agency head agree that a contract would
provide best value, as defined in section 16C.02, under the service-level agreement. The
chief information officer must require that agency contracts with outside vendors ensure
that systems and services are compatible with standards established by the deleted text begin Office of MN.IT
Services
deleted text end new text begin Minnesota Department of Information Technology Servicesnew text end .

(d) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio
Board are not state agencies for purposes of this section.

Sec. 3.

Minnesota Statutes 2018, section 16E.02, is amended to read:


16E.02 deleted text begin OFFICE OF MN.ITdeleted text end new text begin MINNESOTA DEPARTMENT OF INFORMATION
TECHNOLOGY
new text end SERVICES; STRUCTURE AND PERSONNEL.

Subdivision 1.

deleted text begin Officedeleted text end new text begin Departmentnew text end 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 deleted text begin advisordeleted text end new text begin advisernew text end to the governor.

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

deleted text begin (c) The chief information officer may appoint a webmaster responsible for the supervision
and development of state websites under the control of the office. The webmaster, if
appointed, shall ensure that these websites are maintained in an easily accessible format
that is consistent throughout state government and are consistent with the accessibility
standards developed under section 16E.03, subdivision 9. The webmaster, if appointed,
shall provide assistance and guidance consistent with the requirements of this paragraph to
other state agencies for the maintenance of other websites not under the direct control of
the office.
deleted text end

Subd. 1a.

Accountability.

The chief information officer reports to the governor. The
chief information officer must consult regularly with deleted text begin thedeleted text end new text begin executive branch agencynew text end
commissioners deleted text begin of administration, management and budget, human services, revenue, and
other commissioners as designated by the governor,
deleted text end on technology projects, standards, and
services as well as management of resources and staff utilization.

Sec. 4.

Minnesota Statutes 2019 Supplement, section 16E.03, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) For the purposes of this chapter, the following terms
have the meanings given them.

(b) "Information and telecommunications technology systems and services" means all
computing and telecommunications hardware and software, the activities undertaken to
secure that hardware and software, and the activities undertaken to acquire, transport, process,
analyze, store, and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed expenditures
for computing and telecommunications hardware and software, security for that hardware
and software, and related consulting or other professional services.

deleted text begin (c) "Information and telecommunications technology project" means an effort to acquire
or produce information and telecommunications technology systems and services.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end "Telecommunications" means voice, video, and data electronic transmissions
transported by wire, wireless, fiber-optic, radio, or other available transport technology.

deleted text begin (e)deleted text end new text begin (d)new text end "Cyber security" means the protection of data and systems in networks connected
to the Internet.

deleted text begin (f)deleted text end new text begin (e)new text end "State agency" means an agency in the executive branch of state government and
includes the Minnesota Office of Higher Education, but does not include the Minnesota
State Colleges and Universities unless specifically provided elsewhere in this chapter.

deleted text begin (g)deleted text end new text begin (f)new text end "Total expected project cost" includes direct staff costs, all supplemental contract
staff and vendor costs, and costs of hardware and software development or purchase.
Breaking a project into several phases does not affect the cost threshold, which must be
computed based on the full cost of all phases.

deleted text begin (h)deleted text end new text begin (g)new text end "Cloud computing" has the meaning described by the National Institute of
Standards and Technology of the United States Department of Commerce in special
publication 800-145, September 2011.

Sec. 5.

Minnesota Statutes 2018, section 16E.03, subdivision 2, is amended to read:


Subd. 2.

Chief information officer's responsibility.

The chief information officer shall:

(1) design a master plan for information and telecommunications technology systems
and services in the state deleted text begin and its political subdivisionsdeleted text end 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, including accessibility standards;

(4) maintain a library of systems and programs developed by the state deleted text begin and its political
subdivisions
deleted text end 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. 6.

Minnesota Statutes 2018, section 16E.03, subdivision 3, is amended to read:


Subd. 3.

Evaluation and approval.

A state agency may not undertake an information
and telecommunications technology project until it has been evaluated according to the
procedures developed under subdivision 4. The chief information officer new text begin or delegate new text end shall
give written approval of the proposed project. deleted text begin When notified by the chief information officer
that a project has not been approved, the commissioner of management and budget shall
cancel the unencumbered balance of any appropriation allotted for the project.
deleted text end

Sec. 7.

Minnesota Statutes 2018, section 16E.03, subdivision 6, is amended to read:


Subd. 6.

System development methods.

The chief information officer shall establish
and, as necessary, update and modify methods for developing information and
communications systems appropriate to the specific needs of individual state agencies. The
development methods shall be used to define the design, programming, and implementation
of systems. deleted text begin The development methods must also enable and require a data processing system
to be defined in terms of its computer programs, input requirements, output formats,
administrative procedures, and processing frequencies.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 16E.036, is amended to read:


16E.036 ADVISORY deleted text begin COMMITTEEdeleted text end new text begin COUNCILnew text end .

(a) The Technology Advisory deleted text begin Committeedeleted text end new text begin Council new text end is created to advise the new text begin governor,
executive branch, and the state
new text end chief information officer. The deleted text begin committee consists ofdeleted text end new text begin council
shall consist of 15 voting members. The governor shall appoint
new text end six members deleted text begin appointed by
the governor
deleted text end who are individuals actively involved in business planning for state executive
branch agencies, one county member designated by the Association of Minnesota Counties,
one member appointed by the governor as a representative of a union that represents state
information technology employees, and one member appointed by the governor to represent
private businesses.new text begin The governor and lieutenant governor shall select six additional members
with private-sector or public-sector IT experience or experience in academia pertaining to
IT. The council shall also have the following four ex officio nonvoting members:
new text end

new text begin (1) a member of the house of representatives selected by the speaker of the house;
new text end

new text begin (2) a member of the house of representatives selected by the minority leader;
new text end

new text begin (3) a member of the senate selected by the majority leader; and
new text end

new text begin (4) a member of the senate selected by the minority leader.
new text end

(b) Membership terms, removal of members, and filling of vacancies are as provided in
section 15.059. Members do not receive compensation or reimbursement for expenses.

(c) The deleted text begin committeedeleted text end new text begin councilnew text end shall select a chair from its members. The chief information
officer shall provide administrative support to the deleted text begin committeedeleted text end new text begin councilnew text end .

(d) The deleted text begin committeedeleted text end new text begin councilnew text end shall advise the chief information officer on:

(1) development and implementation of the state information technology strategic plan;

(2) critical information technology initiatives for the state;

(3) standards for state information architecture;

(4) identification of business and technical needs of state agencies;

(5) strategic information technology portfolio management, project prioritization, and
investment decisions;

(6) the deleted text begin office'sdeleted text end new text begin department'snew text end performance measures and fees for service agreements with
executive branch agencies;

(7) management of the state MN.IT services revolving fund; and

(8) the efficient and effective operation of the deleted text begin officedeleted text end new text begin departmentnew text end .

Sec. 9.

Minnesota Statutes 2018, section 16E.04, subdivision 3, is amended to read:


Subd. 3.

Risk assessment and mitigation.

(a) A risk assessment and risk mitigation
plan are required for all information systems development projects undertaken by a state
agency in the executive or judicial branch or by a constitutional officer. The chief information
officer must contract with an entity outside of state government to conduct the initial
assessment and prepare the mitigation plan for a project estimated to cost more than
$5,000,000. The outside entity conducting the risk assessment and preparing the mitigation
plan must not have any other direct or indirect financial interest in the project. The risk
assessment and risk mitigation plan must provide for periodic monitoring by the
commissioner until the project is completed.

(b) The risk assessment and risk mitigation plan must be paid for with money appropriated
for the information and telecommunications technology project. deleted text begin The chief information
officer must notify the commissioner of management and budget when work has begun on
a project and must identify the proposed budget for the project. The commissioner of
management and budget shall ensure that no more than ten percent of the proposed budget
be spent on the project, other than the money spent on the risk assessment and risk mitigation
plan, is spent until the risk assessment and mitigation plan are reported to the chief
information officer and the chief information officer has approved the risk mitigation plan.
deleted text end

Sec. 10.

Minnesota Statutes 2018, section 16E.0465, subdivision 2, is amended to read:


Subd. 2.

Required review and approval.

(a) A state agency receiving an appropriation
for an information and telecommunications technology project subject to this section must
divide the project into phases.

(b) deleted text begin The commissioner of management and budget may not authorize thedeleted text end new text begin An new text end encumbrance
or expenditure deleted text begin of an appropriation of state funds to a state agencydeleted text end new text begin may not be made new text end for any
phase of a new text begin state agency information and telecommunications technology new text end projectdeleted text begin , device, or
system
deleted text end subject to this section unless the deleted text begin Office of MN.ITdeleted text end new text begin Minnesota Department of
Information Technology
new text end Services has reviewed each phase of the projectdeleted text begin , device, or system,deleted text end
and based on this review, the chief information officer has determined for each phase that:

(1) the project is compatible with the state information architecture and other policies
and standards established by the chief information officer;

(2) the agency is able to accomplish the goals of the phase of the project with the funds
appropriated; and

(3) the project supports the enterprise information technology strategy.

Sec. 11.

Minnesota Statutes 2018, section 16E.05, subdivision 1, is amended to read:


Subdivision 1.

Duties.

The deleted text begin officedeleted text end new text begin departmentnew text end , in consultation with interested persons,
shalldeleted text begin :
deleted text end

deleted text begin (1) coordinate statewide efforts by units of state and local government to plan for and
develop a system for providing access to government services; and
deleted text end

deleted text begin (2)deleted text end explore ways and means to improve citizen and business access to public services,
including implementation of technological improvements.

Sec. 12.

Minnesota Statutes 2018, section 16E.07, subdivision 12, is amended to read:


Subd. 12.

Private entity services; fee authority.

(a) The deleted text begin officedeleted text end new text begin departmentnew text end may enter
into a contract with a private entity to manage, maintain, support, and expand North Star
and online government information services to citizens and businesses.

(b) A contract established under paragraph (a) may provide for compensation of the
private entity through a fee established under paragraph (c).

(c) The deleted text begin officedeleted text end new text begin departmentnew text end , subject to the approval of the agency or deleted text begin officedeleted text end new text begin departmentnew text end
responsible for the data or services involved in the transaction, may charge and may authorize
a private entity that enters into a contract under paragraph (a) to charge a convenience fee
for users of North Star and online government information services up to a total of $2 per
transaction, provided that no fee shall be charged for viewing or inspecting data. deleted text begin The office
shall consider the recommendation of the E-Government Advisory Council under section
16E.071 in setting the convenience fee.
deleted text end A fee established under this paragraph is in addition
to any fees or surcharges authorized under other law.

(d) Receipts from the convenience fee shall be deposited in the North Star account
established in subdivision 7. Notwithstanding section 16A.1285, subdivision 2, receipts
credited to the account are appropriated to the deleted text begin officedeleted text end new text begin departmentnew text end for payment to the contracted
private entity under paragraph (a). In lieu of depositing the receipts in the North Star account,
the deleted text begin officedeleted text end new text begin departmentnew text end can directly transfer the receipts to the private entity or allow the
private entity to retain the receipts pursuant to a contract established under this subdivision.

(e) The deleted text begin officedeleted text end new text begin departmentnew text end shall report to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over state government
finance by January 15 of each odd-numbered year regarding the convenience fee receipts
and the status of North Star projects and online government information services developed
and supported by convenience fee receipts.

Sec. 13.

Minnesota Statutes 2018, section 16E.21, subdivision 2, is amended to read:


Subd. 2.

Charges.

new text begin (a) new text end Upon agreement of the participating agency, the deleted text begin Office of MN.ITdeleted text end new text begin
Minnesota Department of Information Technology
new text end Services may collect a charge or receive
a fund transfer under section 16E.0466 for purchases of information and telecommunications
technology systems and services by state agencies and other governmental entities through
state contracts for purposes described in subdivision 1. Charges collected under this section
must be credited to the information and telecommunications technology systems and services
account.

new text begin (b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance
appropriated to a state agency may be transferred to the information and telecommunications
technology systems and services account for the information technology cost of a specific
project, subject to the review of the Legislative Advisory Commission under section 16E.21,
subdivision 3
.
new text end

Sec. 14.

Minnesota Statutes 2018, section 97A.057, subdivision 1, is amended to read:


Subdivision 1.

Compliance with federal law.

The commissioner shall take any action
necessary to comply with the Federal Aid in Wildlife Restoration Act, United States Code,
title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act, United States
Code, title 16, sections 777 to 777k. Notwithstanding deleted text begin section 16E.145 ordeleted text end any deleted text begin otherdeleted text end law to
the contrary, an appropriation for an information or telecommunications technology project
from the game and fish fund, as established in section 97A.055, must be made to the
commissioner. Any assets acquired with or expenditures made from the game and fish fund
must remain under control of the commissioner.

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change "Office of MN.IT Services" to "Minnesota
Department of Information Technology Services" or a derivative of these terms wherever
it appears in Minnesota Statutes.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 16E.0466, subdivision 1; 16E.05, subdivision 3;
16E.071; and 16E.145,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H4536-1

16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.

Subdivision 1.

Consultation required.

(a) Every state agency with an information or telecommunications project must consult with the Office of MN.IT Services to determine the information technology cost of the project. Upon agreement between the commissioner of a particular agency and the chief information officer, the agency must transfer the information technology cost portion of the project to the Office of MN.IT Services. Service level agreements must document all project-related transfers under this section. Those agencies specified in section 16E.016, paragraph (d), are exempt from the requirements of this section.

(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance appropriated to a state agency may be transferred to the information and telecommunications technology systems and services account for the information technology cost of a specific project, subject to the review of the Legislative Advisory Commission, under section 16E.21, subdivision 3.

16E.05 GOVERNMENT INFORMATION ACCESS.

Subd. 3.

Capital investment.

No state agency may propose or implement a capital investment plan for a state office building unless:

(1) the agency has developed a plan for increasing telecommuting by employees who would normally work in the building, or the agency has prepared a statement describing why such a plan is not practicable; and

(2) the plan or statement has been reviewed by the office.

16E.071 E-GOVERNMENT ADVISORY COUNCIL.

Subdivision 1.

E-Government Advisory Council established.

The E-Government Advisory Council is established for the purpose of improving online government information services to citizens and businesses.

Subd. 2.

Membership.

The council shall consist of nine members as follows:

(1) the state chief information officer or the chief information officer's designee;

(2) one public member appointed by the speaker of the house;

(3) one public member appointed by the senate Subcommittee on Committees of the Rules and Administration Committee;

(4) five members appointed by the governor representing state executive branch agencies that are actively involved with private businesses, the private business community, or the public; and

(5) one member appointed by the governor who is knowledgeable in public access to government data.

Subd. 3.

Initial appointments and first meeting.

Appointing authorities shall make the first appointments to the council by September 1, 2013. The first member appointed by the speaker of the house shall serve until the first Monday in January 2015. The governor shall designate three initial appointees to serve until the first Monday in January 2015. The term of the other three initial appointees of the governor and the first member appointed by the senate shall be until the first Monday in January 2017. The chief information officer or the chief information officer's designee shall convene the council's first meeting by November 1, 2013, and shall act as chair until the council elects a chair at its first meeting.

Subd. 4.

Terms; removal; vacancies; compensation.

Membership terms, removal of member, and filling of vacancies are as provided in section 15.059, except that members shall not receive compensation or be reimbursed for expenses and except that terms of initial appointees are as provided in subdivision 3.

Subd. 5.

Chair.

The council shall annually elect a chair from its members.

Subd. 6.

Duties.

The council shall recommend to the office the priority of North Star projects and online government information services to be developed and supported by convenience fee receipts. The council shall provide oversight on the convenience fee and its receipts in the North Star account. The council shall by majority quorum vote to recommend to approve or disapprove establishing the convenience fee on particular types of transactions, the fee amount, and any changes in the fee amount. If the convenience fee receipts are retained by or transferred to the private entity in lieu of deposit in the North Star account, the council may audit the private entity's convenience fee receipts, expenses paid by the receipts, and associated financial statements.

Subd. 7.

Staff.

The office shall provide administrative support to the council.

Subd. 8.

Sunset.

The council shall expire the first Monday in January 2017.

Subd. 9.

Reports.

By June 1, 2014, and every year thereafter, the council shall report to the office with its recommendations regarding establishing the convenience fee, the fee amount, and changes to the fee amount.

16E.145 INFORMATION TECHNOLOGY APPROPRIATION.

An appropriation for a state agency information and telecommunications technology project must be made to the chief information officer. The chief information officer must manage and disburse the appropriation on behalf of the sponsoring state agency. Any appropriation for an information and telecommunications technology project made to a state agency other than the Office of MN.IT Services is transferred to the chief information officer.