SF 2253

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 11:47am

A bill for an act
relating to state government; MNIT statute modernization; amending Minnesota
Statutes 2022, sections 16E.01, subdivisions 1a, 3, by adding a subdivision;
16E.016; 16E.03, subdivision 2; 16E.14, subdivision 4; 16E.21, subdivisions 1,
2; repealing Minnesota Statutes 2022, section 16E.0466, subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 16E.01, subdivision 1a, is amended to read:

Subd. 1a.

Responsibilities.

The department shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of executive branch information and telecommunications
technology systems and services in Minnesota. The department shall new text begin partner with executive
branch state agencies to new text end manage strategic investments in information and telecommunications
technology systems and services to ensure sufficient access to and efficient delivery of
accessible government services and to maximize benefits for the state government as an
enterprise.

Sec. 2.

Minnesota Statutes 2022, section 16E.01, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Deputy; appointments. new text end

new text begin The commissioner may appoint a deputy, assistant
commissioners, and a confidential secretary. Each serves at the commissioner's pleasure in
the unclassified service.
new text end

Sec. 3.

Minnesota Statutes 2022, 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
reviewed, and recommend projects 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;

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

deleted text begin (6) deleted text end new text begin (5) 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 (7) deleted text end new text begin (6) 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 (8) deleted text end new text begin (7) new text end 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 privacy within the executive branch;

deleted text begin (9) deleted text end new text begin (8) new text end eliminate unnecessary duplication of existing information and telecommunications
technology systems and services provided by state agencies;

deleted text begin (10) deleted text end new text begin (9) new text end identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;

deleted text begin (11) deleted text end new text begin (10) new text end ensure overall security of the state's information and technology systems and
services; and

deleted text begin (12) deleted text end new text begin (11) 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 deleted text begin and telecommunications deleted text end technology systems new text begin , platforms, new text end and services for the
delivery of deleted text begin electronic deleted text end new text begin digital new text end 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,
whether funded as part of the biennial budget or by any other means, shall register with the
department by submitting basic project startup documentation as specified by the chief
information officer in both format and content. State agency project leaders new text begin , in accordance
with policies and standards set forth by the chief information officer, new text end 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. The chief information officer has the authority
to define a project for the purposes of this chapter.

(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 adopted by the
department.

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

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

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

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

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

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

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

Sec. 4.

Minnesota Statutes 2022, 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, deleted text begin and deleted text end development new text begin , and lifecycle
management new text end 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 deleted text begin and deleted text end new text begin , new text end replacement new text begin , and lifecycle management new text end 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 Department of Information Technology Services. 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 department 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 Department of
Information Technology Services.

(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. 5.

Minnesota Statutes 2022, section 16E.03, subdivision 2, is amended to read:

Subd. 2.

Chief information officer's responsibility.

The chief information officer shall:

(1) design a deleted text begin master deleted text end new text begin strategic new text end 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) 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 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 deleted text begin and deleted text end new text begin , new text end software new text begin ,
and services new text end necessary to protect data and systems in state agency networks connected to
the Internet.

Sec. 6.

Minnesota Statutes 2022, section 16E.14, subdivision 4, is amended to read:

Subd. 4.

Cash flow.

new text begin (a) new text end The commissioner of management and budget shall make
appropriate transfers to the revolving fund when requested by the chief information officer.
The chief information officer may make allotments and encumbrances in anticipation of
such transfers. In addition, the chief information officer, with the approval of the
commissioner of management and budget, may require an agency to make advance payments
to the revolving fund sufficient to cover the office's estimated obligation for a period of at
least 60 days. All reimbursements and other money received by the chief information officer
under this section must be deposited in the MNIT services revolving fund.

new text begin (b) Each biennium, the commissioner of management and budget is authorized to provide
cash flow assistance of up to $60,000,000 from the special revenue fund or other statutory
general fund as defined in section 16A.671, subdivision 3, paragraph (a), to the Department
of Information Technology Services for the purpose of managing revenue and expenditure
differences. These funds shall be repaid with interest by the end of the closing period of the
second fiscal year of the same biennium.
new text end

Sec. 7.

Minnesota Statutes 2022, section 16E.21, subdivision 1, is amended to read:

Subdivision 1.

Account established; appropriation.

The information and
telecommunications technology systems and services account is created in the special
revenue fund. Receipts credited to the account are appropriated to the Department of
Information Technology Services for the purpose of defraying the costs of personnel and
technology for activities that create government efficiencies new text begin , secure state systems, or address
project or product backlogs new text end in accordance with this chapter.

Sec. 8.

Minnesota Statutes 2022, section 16E.21, subdivision 2, is amended to read:

Subd. 2.

Charges.

(a) Upon agreement of the participating agency, the Department of
Information Technology 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.

(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, new text begin product, or services, new text end subject to the review of the Legislative Advisory Commission
under subdivision 3.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 16E.0466, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-00317

16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.

Subd. 2.

Legislative report.

No later than October 1, 2017, and annually thereafter, the state chief information officer must submit a comprehensive project portfolio report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over state government finance on projects requiring consultation under subdivision 1. The report must itemize:

(1) each project presented to the office for consultation in the time since the last report;

(2) the information technology cost associated with the project, including the information technology cost as a percentage of the project's complete budget;

(3) the status of the information technology components of the project's development;

(4) the date the information technology components of the project are expected to be completed; and

(5) the projected costs for ongoing support and maintenance of the information technology components after the project is complete.