SF 3398

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; requiring state agencies with certain information
and telecommunications technology projects to register with the Office of
Enterprise Technology and requiring the office to monitor progress on the
projects; requiring the Office of Enterprise Technology to report to the legislature
regarding its approval process for state agency technology requests and assistance
provided to state agencies in developing agency information systems plans;
amending Minnesota Statutes 2006, sections 16E.01, subdivision 3; 16E.03,
subdivision 1; 16E.04, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 16E.01, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office 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) ensure cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services, and define the structure and responsibilities of a representative governance
structure;

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

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

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

(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;

(8) 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;

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

(10) 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;

(11) facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services,
electronic data practices and privacy, and electronic commerce among international,
national, state, and local public and private organizations;

(12) eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by other public and private
organizations while building on the existing governmental, educational, business, health
care, and economic development infrastructures;

(13) identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations; and

(14) ensure overall security of the state's information and technology systems and
services.

(b) The chief information officer new text begin , new text end in consultation with the commissioner of
finance new text begin , new text end 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 finance 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.

new text begin (c) A state agency with any information and telecommunications technology
project that has a total expected project cost of more than $1,000,000, whether funded as
part of the biennial budget or by any other means, shall, for the purpose of registration
with the office, submit basic project startup documentation as specified by the chief
information officer in both content and format. Registration must occur prior to the date of
commencement of the project and before any project funding is requested or committed.
State agency project leaders must demonstrate that acceptable and sustainable project
management methodology is being followed for the project, 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 by the chief information officer.
new text end

new text begin (d) The chief information officer shall monitor progress on any active information
and telecommunications technology project that has 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.
new text end

new text begin (e) For any active information and telecommunications technology project that has a
total expected project cost of more than $10,000,000, an annual independent audit must be
performed that conforms to published project audit principles from the office.
new text end

new text begin (f) The chief information officer shall report to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over the office
by January 15 of each year regarding the review process required under paragraph (a),
clause (2). The report must include a description of the current status of each project
reviewed by the office. The report must include the rationale used for the determination
made for each project.
new text end

Sec. 2.

Minnesota Statutes 2006, section 16E.03, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of chapter 16E, the following terms
have the meanings given them.

(a) "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.

(b) "Information and telecommunications technology project" means an effort to
acquire or produce information and telecommunications technology systems and services.

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

(d) "Cyber security" means the protection of data and systems in networks connected
to the Internet.

(e) "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.

new text begin (f) "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 on the full cost of all aspects of the related subprojects.
new text end

Sec. 3.

Minnesota Statutes 2006, section 16E.04, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

(a) In addition to other activities prescribed by law, the
office shall carry out the duties set out in this subdivision.

(b) The office shall develop and establish a state information architecture to ensure
that state agency development and purchase of information and communications systems,
equipment, and services is designed to ensure that individual agency information systems
complement and do not needlessly duplicate or conflict with the systems of other agencies.
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.

(c) The office shall assist state agencies in the planning and management of
information systems so that an individual information system reflects and supports the
state agency's mission and the state's requirements and functions. The office shall review
and approve agency technology plans to ensure consistency with enterprise information
and telecommunications technology strategy. new text begin By January 15 of each year, the chief
information officer must report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over the office regarding the
assistance provided under this paragraph. The report must include a listing of agencies
that have developed or are developing plans under this paragraph.
new text end

(d) 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.

(e) 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.

(f) 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.

(g) The office shall conduct a comprehensive review at least every three years of
the information systems investments that have been made by state agencies and higher
education institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by an outside
source. The office must report the results of its review to the legislature and the governor.