SF 130

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:24am

A bill for an act
relating to state government; proposing the Redundant Technology Elimination
Act; consolidating state agency information technology systems and services;
transferring duties to the Office of Enterprise Technology; appropriating money;
amending Minnesota Statutes 2010, sections 16B.99; 16E.14, by adding a
subdivision; 403.36, subdivisions 1, 1e, 1g; proposing coding for new law in
Minnesota Statutes, chapter 16E; repealing Minnesota Statutes 2010, section
16B.99, subdivision 9.

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

ARTICLE 1

REDUNDANT TECHNOLOGY ELIMINATION ACT

Section 1. new text begin CITATION.
new text end

new text begin This act may be known as the "Redundant Technology Elimination Act."
new text end

ARTICLE 2

CONSOLIDATION OF SERVICES

Section 1.

new text begin [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
SERVICES AND EQUIPMENT.
new text end

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

new text begin (1) state data centers;
new text end

new text begin (2) mainframes including system software;
new text end

new text begin (3) servers including system software;
new text end

new text begin (4) desktops including system software;
new text end

new text begin (5) laptop computers including system software;
new text end

new text begin (6) a data network including system software;
new text end

new text begin (7) database, e-mail, office systems, reporting, and other standard software tools;
new text end

new text begin (8) help desk for the components listed in clauses (1) to (7);
new text end

new text begin (9) maintenance, problem resolution, and break-fix for the components listed in
clauses (1) to (7); and
new text end

new text begin (10) regular upgrades and replacement for the components listed in clauses (1) to (7).
new text end

new text begin (b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the Office of Enterprise Technology. The chief information
officer may assign employees of the office to perform work exclusively for another
executive agency.
new text end

new text begin (c) The chief information officer must allow a state agency to obtain services
specified in paragraph (a) from the Office of Enterprise Technology or through a contract
with an outside vendor when the value of an outside vendor contract can be demonstrated
by the state agency. The chief information officer must require that agency contracts
with outside vendors ensure that systems and services are compatible with standards
established by the Office of Enterprise Technology.
new text end

Sec. 2.

new text begin [16E.036] ADVISORY COMMITTEE.
new text end

new text begin (a) The Technology Advisory Committee is created to advise the chief information
officer. The committee consists of:
new text end

new text begin (1) three members appointed by the governor who are individuals actively involved
in business planning for state agencies;
new text end

new text begin (2) one member appointed by the governor who is an individual actively involved in
business planning for higher education;
new text end

new text begin (3) one member appointed by the chair of the Legislative Coordinating Commission
to represent the legislative branch;
new text end

new text begin (4) one member appointed by the chief justice of the Supreme Court to represent
the judicial branch; and
new text end

new text begin (5) one member appointed by the governor to represent private businesses.
new text end

new text begin (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.
new text end

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

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

new text begin (1) development and implementation of the state information technology strategic
plan;
new text end

new text begin (2) critical information technology initiatives for the state;
new text end

new text begin (3) standards for state information architecture;
new text end

new text begin (4) identification of business and technical needs of state agencies;
new text end

new text begin (5) the office's performance measures and fees for service agreements with executive
branch agencies;
new text end

new text begin (6) management of the state enterprise technology revolving fund; and
new text end

new text begin (7) the efficient and effective operation of the office.
new text end

new text begin (e) The committee expires June 30, 2013.
new text end

Sec. 3.

Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Technology improvement account. new text end

new text begin The technology improvement account
is established as an account in the enterprise technology fund. Money in the account is
appropriated to the chief information officer for the purpose of funding a project that will
result in improvements in state information and telecommunications technology. The
chief information officer may spend money from the account on behalf of a state agency
or group of agencies or may transfer money in the account to a state agency or group of
agencies only according to an agreement under which: (1) the chief information officer
has determined that savings generated by the project to be funded from the account will,
within seven years of completion of the project, exceed the cost of the project; and (2) the
agency or agencies sponsoring the project have agreed to repay the project savings to the
account within seven years, in an amount at least equal to the cost of the project.
new text end

Sec. 4. new text begin ENTERPRISE TECHNOLOGY REVOLVING FUND;
APPROPRIATIONS.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal
year ending June 30, 2013, are appropriated from the general fund to the technology
improvement account in the enterprise technology revolving fund for consolidation of
state agency information technology systems and services specified in Minnesota Statutes,
section 16E.0151.
new text end

new text begin (b) The chief information officer must utilize the savings allocated to the technology
improvement account under this section for purposes of improving the effectiveness and
value of the information technology systems and services specified in Minnesota Statutes,
section 16E.0151, or other application software or business systems in the state agencies.
new text end

new text begin (c) Through the fiscal year ending June 30, 2015, savings generated in the provision
of the information technology systems and services in Minnesota Statutes, section
16E.0151, as compared to the base year of fiscal year ending June 30, 2011, shall be
allocated as follows:
new text end

new text begin (1) 50 percent to the state agencies divided proportionally among the agencies
based on their respective Office of Enterprise Technology chargeback, 25 percent to the
technology improvement account, and 25 percent to state agency and Office of Enterprise
Technology employees in proportion to their contribution to the consolidation effort based
on a formula developed by the chief information officer in consultation with the relevant
exclusive representatives of state employees;
new text end

new text begin (2) total savings allocated to the technology improvement account under this
section shall not exceed $30,000,000. After savings of $30,000,000 has been allocated
to the enterprise technology revolving fund, all subsequent allocations of savings to the
enterprise technology revolving fund as stipulated in clause (1) shall instead be allocated
to the state agencies divided proportionally to the agencies based on their respective Office
of Enterprise Technology chargeback; and
new text end

new text begin (3) the service-level agreements between the agencies and the Office of Enterprise
Technology relating to the provision of the information technology systems and services
in Minnesota Statutes, section 16E.0151, may include financial penalties and incentives
related to the allocation of savings to the Office of Enterprise Technology revolving fund
in clause (1).
new text end

new text begin (d) Before spending more than $....... of the appropriation in this section, the chief
information officer must:
new text end

new text begin (1) in consultation with appropriate representatives of affected governmental
entities, analyze the desirability of creating a shared service contract for information
technology systems and services with some or all of the following: the University of
Minnesota, the Minnesota State Colleges and Universities, the city of Minneapolis,
the city of St. Paul, Hennepin County, Ramsey County, the Metropolitan Council, and
other units of local or regional government that the chief information officer believes
are appropriate to this analysis;
new text end

new text begin (2) complete and report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over state government finance a
plan for transitioning to a managed services contract that would satisfy the state agency
service-level agreements in section 16E.036, paragraph (b), for the provision of the
information technology systems and services in Minnesota Statutes, section 16E.0151;
new text end

new text begin (3) issue a request for proposals for a managed services contract or contracts for
the provision of the information technology systems and services in Minnesota Statutes,
section 16E.0151, for the state agencies and for groups participating in a shared service
contract with the state. The request for proposals and any resulting contract or contracts
must:
new text end

new text begin (i) specify that the state and other public groups participating in a shared service
contract retain all responsibility for information technology governance and strategy
decision making;
new text end

new text begin (ii) provide no reduction in service levels and data security from current levels;
new text end

new text begin (iii) provide protections for the state if the state chooses an alternative provider
after the project is initiated; and
new text end

new text begin (iv) allow proposal submittals for state-owned, leased, or outsourced solutions,
or a combination thereof, and allow the Office of Enterprise Technology to propose its
solutions approach and to compete with external service providers; and
new text end

new text begin (4) report the results to the chairs and lead minority members of the house of
representatives and senate committees with jurisdiction over state government finance.
new text end

new text begin (e) To the extent that the chief information officer determines it would be
cost-beneficial for the Office of Enterprise Technology to provide the information
technology systems and services, the appropriation in this section may be spent for
development of a migration and operations plan and operation costs. To the extent the
chief information officer determines it would be cost-beneficial to provide information
technology systems and services under a managed services contract or contracts with
external service providers, the appropriation in this section may be spent for entering into
contracts with external service providers for these functions.
new text end

new text begin (f) This section supersedes any portion of Minnesota Statutes, section 16C.08,
16C.09, 43A.047, or 179A.23, to the extent necessary to enter into a managed services
contract or contracts with external service providers specified under this section, if:
new text end

new text begin (1) the state retains responsibility for governance and strategy decision making;
new text end

new text begin (2) state employees currently providing services that would be subject to the contract
have a fair opportunity to propose their own alternative state employee solution to
compete for the business;
new text end

new text begin (3) the contract would result in no net loss of jobs in the state;
new text end

new text begin (4) all state employees displaced as a result of the contract have an opportunity to
join the firm performing work under the managed services contract, or to transfer to
new positions within state government; and
new text end

new text begin (5) the commissioner of management and budget determines that the aggregate
value of benefits for employees providing service under the managed services contract is
equal to or better than state benefits.
new text end

Sec. 5. new text begin TRANSFERS.
new text end

new text begin (a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
relating to functions assigned to the chief information officer in Minnesota Statutes,
section 16E.0151, are transferred to the Office of Enterprise Technology from all other
state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
(e), effective July 1, 2011. By January 15, 2012, the chief information officer shall submit
to the legislature any statutory changes needed to complete implementation of the transfer
in this section.
new text end

new text begin (b) Prior to the transfer mandated by paragraph (a), the chief information officer
must enter into a service-level agreement with each state agency governing the provision
of information technology systems and services in Minnesota Statutes, section 16E.0151.
The agreements must specify the services to be provided and the charges for these
services. As specified in section 16E.0151, an agency may choose to obtain these services
from an outside vendor, rather than from the Office of Enterprise Technology.
new text end

new text begin (c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
relating to geospatial information systems are transferred from the commissioner of
administration to the Office of Enterprise Technology.
new text end

new text begin (d) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
relating to the Statewide Radio Board are transferred from the commissioner of public
safety to the Office of Enterprise Technology.
new text end

new text begin (e) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
to implement this section.
new text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
Minnesota Statutes, chapter 16E.
new text end

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2010, section 16B.99, is amended to read:

16B.99 GEOSPATIAL INFORMATION OFFICE.

Subdivision 1.

Creation.

The Minnesota Geospatial Information Office is created
under the supervision of the deleted text begin commissioner of administration deleted text end new text begin chief geospatial information
officer, who is appointed by the chief information officer new text end .

Subd. 2.

Responsibilities; authority.

The office has authority to provide
coordination, guidance, and leadership, and to plan the implementation of Minnesota's
geospatial information technology. The office must identify, coordinate, and guide
strategic investments in geospatial information technology systems, data, and services to
ensure effective implementation and use of Geospatial Information Systems (GIS) by state
agencies to maximize benefits for state government as an enterprise.

Subd. 3.

Duties.

The office must:

(1) coordinate and guide the efficient and effective use of available federal,
state, local, and public-private resources to develop statewide geospatial information
technology, data, and services;

(2) provide leadership and outreach, and ensure cooperation and coordination for all
Geospatial Information Systems (GIS) functions in state and local government, including
coordination between state agencies, intergovernment coordination between state and local
units of government, and extragovernment coordination, which includes coordination with
academic and other private and nonprofit sector GIS stakeholders;

(3) review state agency and intergovernment geospatial technology, data, and
services development efforts involving state or intergovernment funding, including federal
funding;

(4) provide information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under section 16A.11;

(5) coordinate management of geospatial technology, data, and services between
state and local governments;

(6) provide coordination, leadership, and consultation to integrate government
technology services with GIS infrastructure and GIS programs;

(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
services and systems, including services provided by other public and private organizations
while building on existing governmental infrastructures;

(8) promote and coordinate consolidated geospatial technology, data, and services
and shared geospatial Web services for state and local governments; and

(9) promote and coordinate geospatial technology training, technical guidance, and
project support for state and local governments.

Subd. 4.

Duties of chief deleted text begin geospatial deleted text end information officer.

(a) In consultation with the
state geospatial advisory council, the commissioner of administration, the commissioner
of management and budget, and the deleted text begin Minnesota deleted text end chief new text begin geospatial new text end information officer, the
chief deleted text begin geospatial deleted text end information officer must identify when it is cost-effective for agencies to
develop and use shared information and geospatial technology systems, data, and services.
The chief deleted text begin geospatial deleted text end information officer may require agencies to use shared information
and geospatial technology systems, data, and services.

(b) The chief deleted text begin geospatial deleted text end information officer, in consultation with the state
geospatial advisory council, must establish reimbursement rates in cooperation with the
commissioner of management and budget to bill agencies and other governmental entities
sufficient to cover the actual development, operation, 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.

Subd. 5.

Fees.

(a) The chief deleted text begin geospatial deleted text end information officer must set fees under
section 16A.1285 that reflect the actual cost of providing information products and
services to clients. Fees collected must be deposited in the state treasury and credited to
the Minnesota Geospatial Information Office revolving account. Money in the account
is appropriated to the chief deleted text begin geospatial deleted text end information officer for providing Geospatial
Information Systems (GIS) consulting services, software, data, Web services, and map
products on a cost-recovery basis, including the cost of services, supplies, material, labor,
and equipment as well as the portion of the general support costs and statewide indirect
costs of the office that is attributable to the delivery of these products and services. Money
in the account must not be used for the general operation of the Minnesota Geospatial
Information Office.

(b) The chief deleted text begin geospatial deleted text end information officer may require a state agency to make an
advance payment to the revolving account sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving account is abolished or
liquidated, the total net profit from the operation of the account must be distributed to the
various funds from which purchases were made. For a given period of time, the amount of
total net profit to be distributed to each fund must reflect the same ratio of total purchases
attributable to each fund divided by the total purchases from all funds.

Subd. 6.

Accountability.

The chief geospatial information officer is appointed by
the deleted text begin commissioner of administration and must work closely with the deleted text end Minnesota chief
information officer who shall advise on technology projects, standards, and services.

Subd. 7.

Discretionary powers.

The office 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 government
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernment organizations as necessary to perform its statutory duties;

(5) appoint committees and task forces to assist the office in carrying out its duties;

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

(7) participate in the activities and conferences related to geospatial information
and communications technology issues;

(8) review the Geospatial Information Systems (GIS) 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 GIS
information and technology infrastructure development potential;

(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
technology, data, and services projects; and

(10) review and recommend alternative sourcing strategies for state geospatial
information systems technology, data, and services.

Subd. 8.

Geospatial advisory councils created.

The chief deleted text begin geospatial deleted text end information
officer must establish a governance structure that includes advisory councils to provide
recommendations for improving the operations and management of geospatial technology
within state government and also on issues of importance to users of geospatial technology
throughout the state.

(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
Information Office regarding the improvement of services statewide through the
coordinated, affordable, reliable, and effective use of geospatial technology. The
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end must appoint the members of the
council. The members must represent a cross-section of organizations including counties,
cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
No more than 20 percent of the members may be employees of a state agency. In addition,
the chief geospatial information officer must be a nonvoting member.

(b) A state government geospatial advisory council must advise the Minnesota
Geospatial Information Office on issues concerning improving state government services
through the coordinated, affordable, reliable, and effective use of geospatial technology.
The deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end must appoint the members
of the council. The members must represent up to 15 state government agencies and
constitutional offices, including the Office of Enterprise Technology and the Minnesota
Geospatial Information Office. The council must be chaired by the chief geographic
information officer. A representative of the statewide geospatial advisory council must
serve as a nonvoting member.

(c) Members of both the statewide geospatial advisory council and the state
government advisory council must be recommended by a process that ensures that each
member is designated to represent a clearly identified agency or interested party category
and that complies with the state's open appointment process. Members shall serve a
term of two years.

(d) The Minnesota Geospatial Information Office must provide administrative
support for both geospatial advisory councils.

(e) This subdivision expires June 30, 2011.

deleted text begin Subd. 9. deleted text end

deleted text begin Report to legislature. deleted text end

deleted text begin By January 15, 2010, the chief geospatial
information officer must provide a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over the policy and budget for the office. The
report must address all statutes that refer to the Minnesota Geospatial Information Office
or land management information system and provide any necessary draft legislation to
implement any recommendations.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 403.36, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The deleted text begin commissioner of public safety deleted text end new text begin state chief
information officer in the Office of Enterprise Technology new text end shall convene and chair the
Statewide Radio Board to develop a project plan for a statewide, shared, trunked public
safety radio communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."

(b) The board consists of the following members or their designees:

(1) the commissioner of public safety;

(2) the commissioner of transportation;

(3) the state chief information officer;

(4) the commissioner of natural resources;

(5) the chief of the Minnesota State Patrol;

(6) the commissioner of management and budget;

(7) the chair of the Metropolitan Council;

(8) two elected city officials, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governing body of the League of Minnesota
Cities;

(9) two elected county officials, one from the nine-county metropolitan area and
one from Greater Minnesota, appointed by the governing body of the Association of
Minnesota Counties;

(10) two sheriffs, one from the nine-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;

(11) two chiefs of police, one from the nine-county metropolitan area and one from
Greater Minnesota, appointed by the governor after considering recommendations made
by the Minnesota Chiefs' of Police Association;

(12) two fire chiefs, one from the nine-county metropolitan area and one from
Greater Minnesota, appointed by the governor after considering recommendations made
by the Minnesota Fire Chiefs' Association;

(13) two representatives of emergency medical service providers, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Ambulance Association;

(14) the chair of the regional radio board for the metropolitan area; and

(15) a representative of Greater Minnesota elected by those units of government in
phase three and any subsequent phase of development as defined in the statewide, shared
radio and communication plan, who have submitted a plan to the Statewide Radio Board
and where development has been initiated.

(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.

Sec. 3.

Minnesota Statutes 2010, section 403.36, subdivision 1e, is amended to read:

Subd. 1e.

Implement plan and establish statewide system.

The Statewide Radio
Board has overall responsibility for the statewide, shared radio and communication system
project plan. The deleted text begin commissioner of public safety deleted text end new text begin state chief information officer in the Office
of Enterprise Technology new text end shall implement the plan adopted by the Statewide Radio Board.
The deleted text begin commissioner of public safety deleted text end new text begin state chief information officer new text end shall contract with the
commissioner of transportation to construct, own, operate, maintain, and enhance the
elements of the backbone system defined in the plan. The commissioner of transportation,
under appropriate state law, shall contract for, or procure by purchase or lease (including
joint purchase and lease agreements), construction, installation of materials, supplies and
equipment, and other services as may be needed to build, operate, and maintain the system
backbone. The Department of Transportation shall own, operate, and maintain those
elements identified in the project plan as the system backbone, including, but not limited
to, radio towers and associated structures and equipment related to the system backbone.

Sec. 4.

Minnesota Statutes 2010, section 403.36, subdivision 1g, is amended to read:

Subd. 1g.

State Interoperability Executive Committee.

(a) In addition to
responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
Minnesota's State Interoperability Executive Committee.

(b) As Minnesota's State Interoperability Executive Committee, the Statewide
Radio Board shall:

(1) develop and maintain a statewide plan for local and private public safety
communications interoperability that integrates with the Minnesota emergency operation
plan;

(2) develop and adopt guidelines and operational standards for local and private
public safety communications interoperability within Minnesota;

(3) promote coordination and cooperation among local, state, federal, and
tribal public safety agencies in addressing statewide public safety communications
interoperability within Minnesota;

(4) advise the commissioner of the Department of Public Safety new text begin and the state chief
information officer new text end on public safety communications interoperability and on the allocation
and use of funds made available to Minnesota to support public safety communications
interoperability;

(5) to the extent permitted by federal law, Federal Communications Commission
regulations, and the National Telecommunications and Information Administration,
develop guidelines and standards for the efficient use of interoperability frequencies on all
frequency spectrums assigned to public safety users; and

(6) to the extent permitted by federal law and treaties with Canada, develop
guidelines and standards that support interoperability with adjoining states and provinces
of Canada along Minnesota's northern border.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 16B.99, subdivision 9, new text end new text begin is repealed.
new text end