Minnesota Session Laws - 2010, Regular Session

CHAPTER 392--S.F.No. 3134

An act

relating to government operations; defining certain powers of the Council on Black Minnesotans; providing for mapped data on expenditures; increasing threshold requirements for deposit of agency receipts; clarifying agency requirements for contracts over a certain amount; permitting state chief information officer to appoint a state Webmaster and develop standards for public access to electronic data; clarifying use of fees in the combined charities campaign; requiring standards for data collected under the clean water partnership program; defining jurisdiction of the Office of Enterprise Technology that impact state information systems; requiring the secretary of state to distribute copies of abstracts when town is organized; requiring a report on government efficiency and transparency; providing legislature improved access to executive branch accounting, procurement, and budget systems; establishing the commission on service innovation; appropriating money;

amending Minnesota Statutes 2008, sections 3.9225, subdivision 5; 16A.275; 16B.355, subdivision 1, as added; 16C.055, subdivision 2; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 43A.50, subdivision 2; 103F.755; 307.08, subdivision 5; Minnesota Statutes 2009 Supplement, sections 16C.16, subdivision 6a, as amended if enacted; 16E.02, subdivision 1; 103H.175, subdivision 2; 379.05; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; proposing coding for new law as Minnesota Statutes, chapter 116W.

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

ARTICLE 1

STATE GOVERNMENT

Section 1.

Minnesota Statutes 2008, section 3.9225, subdivision 5, is amended to read:

Subd. 5.

Powers.

new text begin (a) new text end The council may contract in its own name, but no money shall be accepted or received as a loan nor indebtedness incurred except as otherwise provided by law. Contracts shall be approved by a majority of the members of the council and executed by the chair and the executive director. The council may apply for, receive, and expend in its own name grants and gifts of money consistent with the power and duties specified in subdivisions 1 to 7.

new text begin (b) The council may solicit and accept payments for advertising, use of exhibition space, or commemorative videos or other items in connection with publications, events, media productions, and informational programs that are sponsored by the council. These revenues must be deposited in an account in the special revenue fund and are appropriated to the council to defray costs of publications, events, media productions, or informational programs consistent with the powers and duties specified in subdivisions 1 to 7. The council may not publish advertising or provide exhibition space for any elected official or candidate for elective office. The council must report by January 15 each year to the chairs and ranking minority members of the house of representatives and senate funding divisions with jurisdiction over the council on the amount and source of each payment received under this paragraph in the prior fiscal year. new text end

new text begin (c) new text end The council shall appoint an executive director who is experienced in administrative activities and familiar with the problems and needs of Black people. The council may delegate to the executive director powers and duties under subdivisions 1 to 7 which do not require council approval. The executive director serves in the unclassified service and may be removed at any time by the council. The executive director shall recommend to the council, and the council may appoint the appropriate staff necessary to carry out its duties. Staff members serve in the unclassified service. The commissioner of administration shall provide the council with necessary administrative services.

Sec. 2.

new text begin [16A.0561] MAPPED DATA ON EXPENDITURES. new text end

new text begin (a) Data on expenditure of money from the funds as specified under sections 3.303, subdivision 10, and 116P.08, may, if practicable, be made available on the Web in a manner that allows the public to obtain information about a project receiving an appropriation by clicking on a map. To the extent feasible, the map should include or link to information about each project, including, but not limited to, the location, the name of the entity receiving the appropriation, the source of the appropriation, the amount of money received, and a general statement of the purpose of the appropriation. new text end

new text begin (b) If requested, the Legislative Coordinating Commission may, to the extent practicable, provide relevant executive branch agencies with public geospatial data that it receives for its Web site required under section 3.303, subdivision 10. The commissioner may make this information available to the public in a similar manner as information provided under paragraph (a). new text end

new text begin (c) In creating plans for public expenditures from all geographically locatable or project based appropriations, prospective budget and project planning should consider geographic and data reporting that would facilitate the goals of this section. new text end

Sec. 3.

Minnesota Statutes 2008, section 16A.275, is amended to read:

16A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT.

Subdivision 1.

deleted text begin If $250, daily. deleted text end new text begin Deposit receipts. new text end

Except as otherwise provided by law, an agency shall deposit receipts totaling deleted text begin $250 deleted text end new text begin $1,000 new text end or more in the state treasury daily. The depositing agency shall send a report to the commissioner on the disposition of receipts since the last report. The commissioner shall credit the deposits received during a month to the proper funds not later than the first day of the next month.

Notwithstanding the general rule stated above, the commissioner of revenue is not required to make daily deposits if (1) the volume of tax receipts cannot be processed daily with available resources, or (2) receipts cannot be immediately identified for posting to accounts.

Subd. 2.

Exception.

The commissioner may authorize an agency to deposit receipts totaling deleted text begin $250 deleted text end new text begin $1,000 new text end or more less frequently than daily for those locations where the agency furnishes documentation to the commissioner that the cost of making daily deposits exceeds the lost interest earnings and the risk of loss or theft of the receipts.

Sec. 4.

Minnesota Statutes 2008, section 16B.355, subdivision 1, as added by Laws 2010, chapter 189, section 35, is amended to read:

Subdivision 1.

Grants authorized.

new text begin Within the limits of available appropriations, new text end the commissioner shall make grants to counties, cities, towns, and school districts to acquire, construct, or renovate public land and buildings and other public improvements of a capital nature for cooperative facilities to be owned and operated by the grantees.

Sec. 5.

Minnesota Statutes 2008, section 16C.055, subdivision 2, is amended to read:

Subd. 2.

Restriction.

After July 1, 2002, an agency may not new text begin enter into a new text end contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 new text begin annually new text end in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This subdivision does not apply to the State Lottery.

Sec. 6.

Minnesota Statutes 2009 Supplement, section 16C.16, subdivision 6a, as amended by 2010 S.F. No. 2737, article 2, section 3, if enacted, is amended to read:

Subd. 6a.

Veteran-owned small businesses.

(a) The commissioner shall award up to a six percent preference, but no less than the percentage awarded to any other group under this section new text begin except when mandated by the federal government as a condition of receiving federal funds new text end , in the amount bid on state procurement to certified small businesses that are majority-owned and operated by:

(1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs;

(2) veterans with service-connected disabilities, as determined at any time by the United States Department of Veterans Affairs; or

(3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d).

(b) The purpose of this designation is to facilitate the transition of veterans from military to civilian life, and to help compensate veterans for their sacrifices, including but not limited to their sacrifice of health and time, to the state and nation during their military service, as well as to enhance economic development within Minnesota.

Sec. 7.

Minnesota Statutes 2009 Supplement, section 16E.02, subdivision 1, is amended to read:

Subdivision 1.

Office management and structure.

(a) The chief information officer is appointed by the governor. The chief information officer serves in the unclassified service at the pleasure of the governor. The chief information officer must have experience leading enterprise-level information technology organizations. The chief information officer is the state's chief information officer and information and telecommunications technology advisor to the governor.

(b) The chief information officer may appoint other employees of the office. The staff of the office must include individuals knowledgeable in information and telecommunications technology systems and services and individuals with specialized training in information security and accessibility.

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

Sec. 8.

Minnesota Statutes 2008, 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 new text begin : new text end

new text begin (1) new text end 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 new text begin ; and new text end

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

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. 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.

(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.

Sec. 9.

Minnesota Statutes 2008, section 16E.05, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Standards for transparency. new text end

new text begin The chief information officer, in consultation with the Information Policy Analysis Division of the Department of Administration, shall develop standards to enhance public access to electronic data maintained by state government, consistent with the requirements of chapter 13. The standards must ensure that: new text end

new text begin (1) the state information architecture facilitates public access to agency data; new text end

new text begin (2) publicly available data is managed using an approved state metadata model; and new text end

new text begin (3) all geospatial data conform to an approved state geocode model. new text end

Sec. 10.

Minnesota Statutes 2008, section 43A.50, subdivision 2, is amended to read:

Subd. 2.

Registration.

(a) A federated funding organization shall apply to the commissioner by March 1 in order to be eligible to participate in the state employee combined charities campaign for that year.

(b) A federated funding organization must apply in the form prescribed by the commissioner and shall provide the following:

(1) assurance of tax exempt status for the federated funding organization and each of the charitable agencies identified by the federated funding organization as an affiliated agency;

(2) assurance of proper registration with the attorney general of Minnesota to solicit contributions in the state of Minnesota for the federated funding organization and each of the charitable agencies identified by the federated funding organization as an affiliated agency. A copy of the registration letter in effect at the time of application for the state employee combined charities campaign must be available upon request;

(3) an affidavit signed by a duly constituted officer of the federated funding organization attesting to the fact that the federated funding organization and its affiliated agencies are in compliance with each of the provisions of this section;

(4) a list of the board of directors or local advisory board for the federated funding organization which identifies the members who live or work in Minnesota and contiguous counties;

(5) a list of the name and business address of each affiliated agency the federated funding organization supports;

(6) a list of any related organizations, as defined in section 317A.011, subdivision 18;

(7) the total contributions received in the organization's accounting year last reported and, from those contributions, the amounts expended by the federated funding organization for management and general costs and for fund-raising costs and the amount distributed to the affiliated agencies, programs, and designated agencies it supports; and

(8) a fee of $100, or ten percent of the funds raised from state employees in the previous campaign, whichever is less. The fee for an organization which did not participate in the previous year's state employee campaign is $100. new text begin These fees must be credited to an account in the special revenue fund and are appropriated to the commissioner to be expended with the approval of the Combined Charities Board in section 43A.04 for costs associated with administering the annual campaign. new text end

The commissioner may require submission of additional information needed to determine compliance with the provisions of this chapter.

(c) The commissioner shall register or not register the application of an organization and shall notify the organization of the decision by May 1. An organization whose application is denied has ten calendar days after receiving notice of the denial to appeal the decision or file an amended application correcting the deficiency. The commissioner shall register or not register the organization within ten calendar days after receiving the appeal or amended application. If registration is denied a second time, the organization may appeal within five calendar days after receiving notice of the denial. A hearing shall be scheduled by the commissioner and shall be held within 15 calendar days after receiving notice of the appeal. The parties may mutually agree to a later date. The provisions of chapter 14 do not apply to the hearing. The hearing shall be conducted in a manner considered appropriate by the commissioner. The commissioner shall make a determination within five calendar days after the hearing has been completed.

(d) Only organizations that are approved may participate in the state employee combined charities campaign for the year of approval and only contributions to approved organizations may be deducted from an employee's pay pursuant to section 16A.134.

Sec. 11.

Minnesota Statutes 2008, section 103F.755, is amended to read:

103F.755 INTEGRATION OF DATA.

The data collected for the activities of the clean water partnership program that have common value for natural resource planning must be deleted text begin provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines deleted text end new text begin made available using standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office new text end . Costs associated with this data delivery must be borne by this activity.

Sec. 12.

Minnesota Statutes 2009 Supplement, section 103H.175, subdivision 2, is amended to read:

Subd. 2.

Computerized database.

deleted text begin The Minnesota Geospatial Information Office deleted text end new text begin Agencies monitoring groundwater new text end shall maintain deleted text begin a deleted text end computerized deleted text begin database deleted text end new text begin databases new text end of the results of groundwater quality monitoring deleted text begin in a manner that is deleted text end new text begin using standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office. The data base must be new text end accessible to the Pollution Control Agency, Department of Agriculture, Department of Health, and Department of Natural Resources. deleted text begin The center shall assess the quality and reliability of the data and organize the data in a usable format. deleted text end

Sec. 13.

new text begin [116W.035] INFORMATION TECHNOLOGY. new text end

new text begin To the extent the projects or grants approved by the authority or other work of the authority impact state information systems, these information systems are subject to the jurisdiction of the Office of Enterprise Technology in chapter 16E, including, but not limited to: new text end

new text begin (1) evaluation and approval as specified in section 16E.03, subdivisions 3 and 4; new text end

new text begin (2) review to ensure compliance with security policies, guidelines, and standards as specified in section 16E.03, subdivision 7; and new text end

new text begin (3) assurance of compliance with accessibility standards developed under section 16E.03, subdivision 9. new text end

Sec. 14.

Minnesota Statutes 2008, section 307.08, subdivision 5, is amended to read:

Subd. 5.

Cost; use of data.

The cost of authentication, recording, surveying, and marking burial grounds and the cost of identification, analysis, rescue, and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters. On private lands or waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state. deleted text begin The data collected by this activity that has common value for resource planning must be provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines. deleted text end new text begin The State Archaeologist must make the data collected for this activity available using standards adopted by the Office of Enterprise Technology and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office. new text end Costs associated with this data delivery must be borne by the state.

Sec. 15.

Minnesota Statutes 2009 Supplement, section 379.05, is amended to read:

379.05 AUDITOR TO SUM UP REPORT FOR STATE, MAKE TOWN RECORD.

Each county auditor shall within 30 days after any such town is organized transmit by mail new text begin or appropriate digital technology new text end to deleted text begin the commissioner of revenue, deleted text end the secretary of state deleted text begin , the state demographer, the Minnesota Geospatial Information Office, the chief administrative law judge of the state Office of Administrative Hearings, and the commissioner of transportation deleted text end an abstract of such report, giving the name and boundaries of such town and record in a book kept for that purpose a full description of each such town. new text begin The secretary of state shall distribute copies of the abstract to the commissioner of revenue, state demographer, the Minnesota Geospatial Information Office, the chief administrative law judge of the state Office of Administrative Hearings, and the commissioner of transportation. new text end

Sec. 16.

new text begin GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES. new text end

new text begin Subdivision 1. new text end

new text begin Data center study. new text end

new text begin (a) The state chief information officer, in consultation with the commissioner of management and budget, must study and report to the chairs and ranking minority members of the house and senate committees with jurisdiction over state government finance by January 15, 2011, on the feasibility and estimated costs of entering into a lease or lease-purchase agreement with a private nonprofit organization, involving a private sector developer, to provide a centralized data center for state agencies, using state employees, or to upgrade current facilities for purposes of data center consolidation, using state employees. The report must include a potential schedule for consolidation of existing state agency data centers, and an estimate of any savings, increased efficiencies, or performance improvements that would be achieved through this consolidation. new text end

new text begin (b) In conducting the study required under paragraph (a), the state chief information officer shall consult with representatives of higher education and local government units to determine the feasibility and desirability of creating a shared service contract for a data center. new text end

new text begin Subd. 2. new text end

new text begin Transparency standards. new text end

new text begin By January 15, 2011, the chief information officer shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over the Office of Enterprise Technology regarding the development of the standards to enhance public access to data required under Minnesota Statutes, section 16E.05, subdivision 4. The report must describe the process for development of the standards, including the opportunity provided for public comment, and specify the components of the standards that have been implemented, including a description of the level of public use of the new opportunities for data access under the standards. new text end

Sec. 17.

new text begin BUSINESS INTELLIGENCE AND INFORMATION ANALYTICS. new text end

new text begin The Legislative Coordinating Commission must ensure that the house of representatives and the senate have improved ability to access and analyze public data contained in executive branch accounting, procurement, and budget systems. The commission must issue a request for information for the legislature to obtain business intelligence and information analytics software or software services. new text end

Sec. 18.

new text begin EFFECTIVE DATE. new text end

new text begin Except as otherwise provided, the sections in article 1 are effective July 1, 2010. new text end

ARTICLE 2

GOVERNMENT REFORM

Section 1.

new text begin [3.9280] COMMISSION ON SERVICE INNOVATION. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Commission on Service Innovation is established to provide the legislature with a strategic plan to reengineer the delivery of state and local government services, including the realignment of service delivery by region and proximity, the use of new technologies, shared facilities, centralized information technologies, and other means of improving efficiency. new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The commission consists of 19 members, appointed as follows: new text end

new text begin (1) one representative of the Minnesota Chamber of Commerce; new text end

new text begin (2) one representative of the Minnesota Business Partnership; new text end

new text begin (3) one representative of the McKnight Foundation; new text end

new text begin (4) one representative of the Wilder Foundation; new text end

new text begin (5) one representative of the Bush Foundation; new text end

new text begin (6) one representative of the Minnesota Council of Nonprofits; new text end

new text begin (7) one representative of the Citizens League; new text end

new text begin (8) one representative of the Minnesota Association of Townships; new text end

new text begin (9) one representative of the Association of Minnesota Counties; new text end

new text begin (10) one representative of the League of Minnesota Cities; new text end

new text begin (11) one representative of the University of Minnesota; new text end

new text begin (12) one representative of the Minnesota State Colleges and Universities; new text end

new text begin (13) one representative of the Minnesota Association of School Administrators; new text end

new text begin (14) two representatives of the American Federation of State, County, and Municipal Employees, including one from council 5 and one from council 65; new text end

new text begin (15) one representative of the Minnesota Association of Professional Employees; new text end

new text begin (16) one representative of the Service Employees International Union; new text end

new text begin (17) one representative of the Minnesota High Tech Association; and new text end

new text begin (18) the state chief information officer. new text end

new text begin (b) The appointments required by this section must be completed by June 30, 2010. Appointing authorities shall notify the state chief information officer when making their appointments. The members of the commission shall serve at the pleasure of the appointing authorities. new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) Within two weeks after completion of the appointments under subdivision 2, the state chief information officer shall convene the first meeting of the commission. The state chief information officer shall provide meeting space for the commission. The commission shall select co-chairpersons from its appointed membership at the first meeting. Members of the legislature may attend the meetings of the commission and participate as nonvoting members of the commission. new text end

new text begin (b) The commission shall provide notice of its meetings to the public and to interested members of the legislature. Meetings of the commission shall be open to the public. The commission shall post all reports required under this section on the Legislative Coordinating Commission Web site. new text end

new text begin (c) The commission may solicit and receive private contributions. The commission must designate one of its members to serve as a fiscal agent for the commission. No public money may be used to provide payment of per diems or expenses for members of the commission. The commission may hire staff to assist the commission in its work. Staff hired by the commission are not state employees. new text end

new text begin (d) The commission shall solicit and coordinate public input. The commission must use its best efforts to maximize public involvement in the work of the commission, including the use of best practices in social media. The commission may retain an expert in the use of social media to assist in public outreach and involvement. new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin (a) Beginning August 1, 2010, the commission shall publish electronic monthly reports on its progress, including a description of upcoming agenda items. new text end

new text begin (b) By January 15 of each year, beginning in 2011, the commission shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over state government policy and finance regarding its work under this section, with a strategic plan containing findings and recommendations to improve state and local government delivery of public services. The strategic plan must address: new text end

new text begin (1) how to enhance the public involvement and input as the public uses state and local government services and public schools; new text end

new text begin (2) how technology can be leveraged to reduce costs and enhance quality; new text end

new text begin (3) how service innovation will conserve substantial financial resources; new text end

new text begin (4) a transition plan and governance structure that will facilitate high-quality innovation and change in the future; new text end

new text begin (5) how to improve public sector employee productivity; new text end

new text begin (6) the security of individual data and government programs; new text end

new text begin (7) data transparency and accountability; new text end

new text begin (8) centralized and shared services; and new text end

new text begin (9) data interoperability across jurisdictions. new text end

new text begin The strategic plan shall also provide a process to review and modify recommendations at regular intervals in the future based on specific results measured at regular intervals. new text end

new text begin The strategic plan shall also include any proposed legislation necessary to implement the commission's recommendations. new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2012. new text end

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor May 18, 2010

Signed by the governor May 25, 2010, 11:22 a.m.