HF 4748

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:43pm

A bill for an act
relating to state government; clarifying discretionary powers and duties for the
Department of Information Technology Services; making conforming changes;
amending Minnesota Statutes 2022, sections 15.994; 16E.01, subdivision 2; 16E.03,
subdivisions 3, 4, 5, 7; 16E.04, subdivisions 2, 3; 16E.07; Minnesota Statutes 2023
Supplement, sections 16E.01, subdivision 3; 16E.03, subdivision 2; repealing
Minnesota Statutes 2022, sections 16E.03, subdivision 5; 16E.035; 16E.0465,
subdivisions 1, 2; 16E.055; 16E.20.

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

ARTICLE 1

DISCRETIONARY POWERS

Section 1.

Minnesota Statutes 2022, section 16E.01, subdivision 2, is amended to read:

Subd. 2.

Discretionary powers.

The department 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 new text begin or initiatives new text end , 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.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 16E.01, subdivision 3, is amended
to read:

Subd. 3.

Duties.

(a) The department 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
new text begin and initiatives new text end reviewed, and recommend projects new text begin and initiatives new text end for inclusion in the
governor's budget under section 16A.11;

(3) promote cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services;

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

(5) deleted text begin promote and coordinate public information access and network initiatives, consistent
with chapter deleted text end deleted text begin 13 deleted text end deleted text begin , to connect Minnesota's citizens and communities to each other, to their
governments, and to the world deleted text end new text begin continue to collaborate on the development of MN.gov, the
state's official comprehensive online service and information initiative new text end ;

(6) 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;

(7) facilitate the cooperative development of and ensure compliance with standards and
policies for information and telecommunications technology systems and services and
electronic data practices and deleted text begin privacy deleted text end new text begin security new text end within the executive branch;

(8) eliminate unnecessary duplication of existing information and telecommunications
technology systems and services provided by state agencies;

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

(10) ensure overall security of the state's information and technology systems and
services; and

(11) 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 technology systems, platforms, and services for the delivery of digital
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 new text begin
or initiative new text end , whether funded as part of the biennial budget or by any other means, shall
register with the department by submitting basic project new text begin or initiative new text end startup documentation
as specified by the chief information officer in both format and content. State agency new text begin business
and technology new text end project leaders, in accordance with policies and standards set forth by the
chief information officer, must demonstrate that the project new text begin or initiative new text end will be properly
managed, new text begin ensure alignment with enterprise technology strategic direction, new text end provide updates
to the project new text begin or initiative new text end documentation as changes are proposed, and regularly report on
the current status of the project new text begin or initiative new text end on a schedule agreed to with the chief information
officer. The chief information officer has the authority to define a project new text begin or initiative new text end for
the purposes of this chapter.

(d) The chief information officer shall monitor progress on deleted text begin any deleted text end active information and
telecommunications technology deleted text begin project with a total expected project cost of more than
$5,000,000 deleted text end new text begin projects and initiatives new text end and report on the performance of the deleted text begin project deleted text end new text begin projects or
initiatives new text end in comparison with deleted text begin the deleted text end plans deleted text begin for the project deleted text end in terms of time, scope, and budget.
The chief information officer may conduct an independent deleted text begin project deleted text end audit of the project new text begin or
initiative new text end . new text begin If an independent audit is conducted, new text end the audit analysis and evaluation of the
deleted text begin projects subject to paragraph (c) deleted text end new text begin project or initiative new text end 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 new text begin or initiative new text end record.

(e) For any active information and telecommunications technology project new text begin or initiative,
new text end with a total expected deleted text begin project deleted text end cost of more than $10,000,000, deleted text begin the state agency must perform deleted text end
an annual independent audit that conforms to published deleted text begin project deleted text end audit principles adopted by
the department new text begin must be conducted new 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 department deleted text begin regarding projects the department has reviewed under paragraph (a),
clause (10) deleted text end new text begin on the status of the state's comprehensive project and initiatives portfolio new text end . The
report must include deleted text begin : deleted text end new text begin descriptions of each project and its current status, information technology
costs associated with the project, and estimated date on when the information technology
project is expected to be completed.
new text end

deleted text begin (1) each project in the IT portfolio whose status is either active or on hold;
deleted text end

deleted text begin (2) each project presented to the office for consultation in the time since the last report;
deleted text end

deleted text begin (3) the information technology cost associated with the project;
deleted text end

deleted text begin (4) the current status of the information technology project;
deleted text end

deleted text begin (5) the date the information technology project is expected to be completed; and
deleted text end

deleted text begin (6) the projected costs for ongoing support and maintenance after the project is complete.
deleted text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 16E.03, subdivision 2, is amended
to read:

Subd. 2.

Chief information officer's responsibility.

The chief information officer shall:

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

(2) deleted text begin coordinate, review, and approve all information and telecommunications technology
projects deleted text end new text begin develop and implement processes for review, approval, and monitoring new text end 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 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, software, and
services necessary to protect data and systems in state agency networks connected to the
Internet.

Sec. 4.

Minnesota Statutes 2022, 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 new text begin or initiative new text end until it has been evaluated according
to the procedures developed under subdivision 4. The chief information officer or delegate
shall deleted text begin give written approval of the proposed project deleted text end new text begin record project approval as a part of the
project new text end .

Sec. 5.

Minnesota Statutes 2022, 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 new text begin or initiatives new text end proposed by state agencies. The evaluation procedure must assess the
necessity, design and plan for development, ability to meet user requirements, accessibility,
feasibility, deleted text begin 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 deleted text end new text begin cost, and benefits of the project or initiative new text end .

Sec. 6.

Minnesota Statutes 2022, section 16E.03, subdivision 5, is amended to read:

Subd. 5.

Report to legislature.

The chief information officer shall submit to the
legislature, at the same time as the governor's budget required by section 16A.11, a concise
narrative explanation of any information and communication technology project new text begin or initiative
being proposed as part of the governor's budget new text end that involves collaboration between state
agencies and an explanation of how the budget requests of the several agencies collaborating
on the project new text begin or initiative new text end relate to each other.

Sec. 7.

Minnesota Statutes 2022, section 16E.03, subdivision 7, is amended to read:

Subd. 7.

Cyber security systems.

new text begin (a) new text end In consultation with the attorney general and
appropriate agency heads, the chief information officer shall develop cyber security policies,
guidelines, and standards, and shall deleted text begin install deleted text end new text begin advise, implement, new text end and administer state data
security deleted text begin systems deleted text end new text begin solutions and practices new text end on the state's deleted text begin computer facilities deleted text end new text begin information
technology services, systems, and applications new text end consistent with these policies, guidelines,
standards, and state law to ensure the integrity new text begin , confidentiality, and availability new text end of
deleted text begin computer-based and other deleted text end new text begin information technology systems and services, and new text end data and to
ensure applicable limitations on access to data, consistent with the public's right to know
as defined in chapter 13. The chief information officer is responsible for overall security of
state agency networks connected to the Internet. Each department or agency head is
responsible for the security of the department's or agency's data within the guidelines of
established enterprise policy.

new text begin (b) The state chief information officer, or state chief information security officer, may
advise and consult on security strategy and programs for state entities and political
subdivisions not subject to section 16E.016.
new text end

Sec. 8.

Minnesota Statutes 2022, section 16E.04, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

(a) The office deleted text begin shall deleted text end new text begin may new text end develop and establish a state
information architecture to ensure:

(1) that state agency information and communications systems, equipment, and services
do not needlessly duplicate or conflict with the systems of other agencies; and

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

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

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

(c) The office deleted text begin shall deleted text end new text begin may new text end review and approve agency requests for grant funding that have
an information and technology component.

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2022, 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 new text begin or initiatives new text end 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 new text begin or initiative new text end estimated to cost
more than deleted text begin $5,000,000 deleted text end new text begin $10,000,000 new text end . 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 new text begin or initiative new text end . The risk assessment and risk mitigation plan must provide for
periodic monitoring by the commissioner until the project new text begin or initiative new text end is completed.

(b) The risk assessment and risk mitigation plan must be paid for with money appropriated
for the information and telecommunications technology project new text begin or initiative new text end .

Sec. 10.

Minnesota Statutes 2022, section 16E.07, is amended to read:

16E.07 deleted text begin NORTH STAR deleted text end new text begin ONLINE GOVERNMENT INFORMATION SERVICES new text end .

Subdivision 1.

deleted text begin Definitions deleted text end new text begin Definition new text end .

(a) The deleted text begin definitions deleted text end new text begin definition new text end in this subdivision
deleted text begin apply deleted text end new text begin applies new text end to this section.

deleted text begin (b) "Core services" means accessible 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:
deleted text end

deleted text begin (1) standardized public directory services and standardized content services;
deleted text end

deleted text begin (2) online search systems;
deleted text end

deleted text begin (3) general technical services to support government unit online services;
deleted text end

deleted text begin (4) electronic conferencing and communication services;
deleted text end

deleted text begin (5) secure electronic transaction services;
deleted text end

deleted text begin (6) digital audio, video, and multimedia services; and
deleted text end

deleted text begin (7) government intranet content and service development.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end "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.

Subd. 2.

Established.

The deleted text begin office deleted text end new text begin department new text end shall deleted text begin establish "North Star" as the state's
comprehensive government online information service. North Star is the state's governmental
framework for coordinating and collaborating in providing online government information
and services. Government agencies that provide electronic access to government information
are requested to make available to North Star their most frequently requested public data deleted text end new text begin
collaborate with state agencies to maintain MN.gov and associated websites that provide
online government information services new text end .

Subd. 3.

Access to data.

The legislature determines that the greatest possible access to
certain government information and data is essential to allow citizens to participate fully in
a democratic system of government. Certain information and data, including, but not limited
to the following, must be provided free of charge or for a nominal cost associated with
reproducing the information or data:

(1) directories of government services and institutions deleted text begin , including an electronic version
of the guidebook to state agency services published by the commissioner of administration deleted text end ;

(2) legislative and rulemaking information, including an electronic version of the State
Register, public information newsletters, bill text and summaries, bill status information,
rule status information, meeting schedules, and the text of statutes and rules;

(3) supreme court and court of appeals opinions and general judicial information;

(4) opinions of the attorney general;

(5) Campaign Finance and Public Disclosure Board and election information;

(6) public budget information;

(7) local government documents, such as codes, ordinances, minutes, meeting schedules,
and other notices in the public interest;

(8) official documents, releases, speeches, and other public information issued by
government agencies; and

(9) the text of other government documents and publications that government agencies
determine are important to public understanding of government activities.

deleted text begin Subd. 4. deleted text end

deleted text begin Staff. deleted text end

deleted text begin The chief information officer shall appoint the manager of the North Star
online information service and hire staff to carry out the responsibilities of the service.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Participation; consultation; guidelines. deleted text end

deleted text begin The North Star staff shall consult
with governmental and nongovernmental organizations to establish rules for participation
in the North Star service. Government units planning, developing, or providing publicly
accessible online services shall provide access through and collaborate with North Star and
formally register with the office. The University of Minnesota is requested to establish
online connections and collaborate with North Star. Units of the legislature shall make their
services available through North Star. Government units may be required to submit
standardized directory and general content for core services but are not required to purchase
core services from North Star. North Star shall promote broad public access to the sources
of online information or services through multiple technologies.
deleted text end

Subd. 6.

Fees.

The office deleted text begin shall deleted text end new text begin may new text end establish fees for technical and transaction services
for government units deleted text begin through North Star deleted text end . deleted text begin Fees must be credited to the North Star account. deleted text end
The office may not charge a fee for viewing or inspecting data made available through deleted text begin North
Star deleted text end new text begin MN.gov new text end or linked facilities, unless specifically authorized by law.

Subd. 7.

deleted text begin North Star deleted text end new text begin Online government information service new text end account.

The deleted text begin North Star deleted text end new text begin
online government information service new text end account is created in the special revenue fund. The
account consists of:

(1) grants received from nonstate entities;

(2) fees and charges collected by the office;

(3) gifts, donations, and bequests made to the office; and

(4) other money credited to the account by law.

Money in the account is appropriated to the office to be used to continue the development
of deleted text begin the North Star project deleted text end new text begin online government information services new text end .

Subd. 8.

Secure transaction system.

The office shall plan and develop deleted text begin a deleted text end secure
transaction deleted text begin system deleted text end new text begin systems new text end to support delivery of government services electronically. A
state agency that implements electronic government services for fees, licenses, sales, or
other purposes deleted text begin must use the deleted text end new text begin may be required to use new text end secure transaction deleted text begin system deleted text end new text begin systems new text end
developed in accordance with this section.

Subd. 9.

Aggregation of service demand.

The office deleted text begin shall deleted text end new text begin may new text end identify opportunities
to aggregate demand for technical services required by government units for online activities
and may contract with governmental or nongovernmental entities to provide services. These
contracts are not subject to the requirements of chapters 16B and 16C, except sections
16C.04, 16C.08, and 16C.09.

Subd. 10.

Outreach.

The office may promote the availability of government online
information and services through public outreach and education. deleted text begin Public network expansion
in communities through libraries, schools, colleges, local government, and other community
access points must include access to North Star. North Star may make materials available
to those public sites to promote awareness of the service.
deleted text end

deleted text begin Subd. 11. deleted text end

deleted text begin Advanced development collaboration. deleted text end

deleted text begin The office shall identify information
technology services with broad public impact and advanced development requirements.
Those services shall assist in the development of and utilization of core services to the
greatest extent possible where appropriate, cost-effective, and technically feasible. This
includes, but is not limited to, higher education, statewide online library, economic and
community development, and K-12 educational technology services. North Star shall
participate in electronic commerce research and development initiatives with the University
of Minnesota and other partners. The statewide online library service shall consult,
collaborate, and work with North Star to ensure development of proposals for advanced
government information locator and electronic depository and archive systems.
deleted text end

Subd. 12.

Private entity services; fee authority.

(a) The department may enter into a
contract with a private entity to manage, maintain, support, and expand deleted text begin North Star and deleted text end
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 department, subject to the approval of the agency or department 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 deleted text begin North Star and deleted text end online government information services up to a total of $2 per transaction,
provided that no fee shall be charged for viewing or inspecting data. 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 deleted text begin North Star deleted text end new text begin online
government information service new text end account established in subdivision 7. Notwithstanding
section 16A.1285, subdivision 2, receipts credited to the account are appropriated to the
department for payment to the contracted private entity under paragraph (a). In lieu of
depositing the receipts in the deleted text begin North Star deleted text end new text begin online government information service new text end account,
the department 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) deleted text begin The department shall report deleted text end new text begin Information regarding any convenience fee receipts
collected under paragraph (d) must be reported new text end 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 deleted text begin regarding the convenience fee receipts
and the status of North Star projects and online government information services developed
and supported by convenience fee receipts deleted text end .

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 16E.03, subdivision 5; 16E.035; 16E.0465, subdivisions
1 and 2; 16E.055; and 16E.20, new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGE

Section 1.

Minnesota Statutes 2022, section 15.994, is amended to read:

15.994 INTERNET GRANT INFORMATION.

A state agency with an Internet site must provide information on grants available through
the agency and must provide a link to any grant application deleted text begin under section 16E.20 deleted text end .

APPENDIX

Repealed Minnesota Statutes: 24-05544

16E.03 STATE INFORMATION AND COMMUNICATIONS SYSTEMS.

Subd. 5.

Report to legislature.

The chief information officer shall submit to the legislature, at the same time as the governor's budget required by section 16A.11, a concise narrative explanation of any information and communication technology project that involves collaboration between state agencies and an explanation of how the budget requests of the several agencies collaborating on the project relate to each other.

16E.035 TECHNOLOGY INVENTORY.

The chief information officer must prepare a financial inventory of technology owned or leased by the Department of Information Technology Services. The inventory must include: (1) information on how the technology fits into the state's information technology architecture; and (2) a projected replacement schedule. The chief information officer must report the inventory to the legislative committees with primary jurisdiction over state technology issues by July 1 of each even-numbered year.

16E.0465 TECHNOLOGY APPROVAL.

Subdivision 1.

Application.

This section applies to an appropriation of more than $1,000,000 of state or federal funds to a state agency for any information and telecommunications technology project or for any phase of such a project, device, or system. For purposes of this section, an appropriation of state or federal funds to a state agency includes an appropriation:

(1) to a constitutional officer;

(2) for a project that includes both a state agency and units of local government; and

(3) to a state agency for grants to be made to other entities.

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) An encumbrance or expenditure may not be made for any phase of a state agency information and telecommunications technology project subject to this section unless the Department of Information Technology Services has reviewed each phase of the project 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.

16E.055 ELECTRONIC GOVERNMENT SERVICES.

A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use the single entry site created by the chief information officer for all agencies to use for electronic government services.

16E.20 ELECTRONIC CONDUCT OF STATE BUSINESS.

The chief information officer shall develop and implement a system under which:

(1) state business can be conducted and permits or licenses obtained through electronic communication with the appropriate state agencies; and

(2) applications for grants can be made electronically to state agencies when feasible.