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Key: (1) language to be deleted (2) new language

CHAPTER 131--H.F.No. 1744
An act
relating to government operations; creating technology accessibility
standards for the state; establishing the advisory committee for technology
standards for accessibility and usability; requiring a report; appropriating money;
amending Minnesota Statutes 2008, sections 16C.02, by adding a subdivision;
16C.03, subdivision 4; 16C.08, subdivision 2; 16E.01, subdivisions 1a, 3;
16E.02, subdivision 1; 16E.03, subdivisions 2, 4, by adding subdivisions;
16E.07, subdivision 1; Laws 2009, chapter 37, article 2, section 3, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 16E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2008, section 16C.02, is amended by adding a
subdivision to read:
    Subd. 1a. Accessibility and accessible. "Accessibility" and "accessible" are defined
by the accessibility standards developed and required under section 16E.03, subdivision 9.

    Sec. 2. Minnesota Statutes 2008, section 16C.03, subdivision 4, is amended to read:
    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
for, and between agencies and perform all contract management and review functions for
contracts, except those functions specifically delegated to be performed by the contracting
agency, the attorney general, or otherwise provided for by law. The commissioner may
require that agency staff participate in the development of enterprise procurements
including the development of product standards, the application of accessibility standards,
specifications, and other requirements.

    Sec. 3. Minnesota Statutes 2008, section 16C.08, subdivision 2, is amended to read:
    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
a professional or technical services contract valued in excess of $5,000, it must provide
the following:
    (1) a description of how the proposed contract or amendment is necessary and
reasonable to advance the statutory mission of the agency;
    (2) a description of the agency's plan to notify firms or individuals who may be
available to perform the services called for in the solicitation;
    (3) a description of the performance measures or other tools, including accessibility
measures if applicable, that will be used to monitor and evaluate contract performance; and
    (4) an explanation detailing, if applicable, why this procurement is being pursued
unilaterally by the agency and not as an enterprise procurement.
    (b) In addition to paragraph (a), the agency must certify that:
    (1) no current state employee is able and available to perform the services called
for by the contract;
    (2) the normal competitive bidding mechanisms will not provide for adequate
performance of the services;
    (3) reasonable efforts will be made to publicize the availability of the contract to
the public;
    (4) the agency will develop and implement a written plan providing for the
assignment of specific agency personnel to manage the contract, including a monitoring
and liaison function, the periodic review of interim reports or other indications of past
performance, and the ultimate utilization of the final product of the services;
    (5) the agency will not allow the contractor to begin work before the contract is fully
executed unless an exception under section 16C.05, subdivision 2a, has been granted by
the commissioner and funds are fully encumbered;
    (6) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract;
    (7) in the event the results of the contract work will be carried out or continued by
state employees upon completion of the contract, the contractor is required to include
state employees in development and training, to the extent necessary to ensure that after
completion of the contract, state employees can perform any ongoing work related to the
same function; and
    (8) the agency will not contract out its previously eliminated jobs for four years
without first considering the same former employees who are on the seniority unit layoff
list who meet the minimum qualifications determined by the agency.
    (c) A contract establishes an employment relationship for purposes of paragraph (b),
clause (6), if, under federal laws governing the distinction between an employee and an
independent contractor, a person would be considered an employee.

    Sec. 4. Minnesota Statutes 2008, section 16E.01, subdivision 1a, is amended to read:
    Subd. 1a. Responsibilities. The office shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of information and telecommunications technology
systems and services in Minnesota. The office shall manage strategic investments in
information and telecommunications technology systems and services to encourage the
development of a technically literate society, to ensure sufficient access to and efficient
delivery of accessible government services, and to maximize benefits for the state
government as an enterprise.

    Sec. 5. Minnesota Statutes 2008, 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; and
(15) manage and direct compliance with accessibility standards for informational
technology, including hardware, software, Web sites, online forms, and online surveys.
    (b) The chief information officer, in consultation with the commissioner of
finance, 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.
    (c) A state agency that has an information and telecommunications technology
project with 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 register with the office by submitting
basic project startup documentation, as specified by the chief information officer in both
format and content, before any project funding is requested or committed and before
the project commences. State agency project leaders 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.
    (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 promulgated
by the office.
    (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 office regarding projects the office has reviewed under paragraph (a),
clause (2). The report must include the reasons for the determinations made in the review
of each project and a description of its current status.

    Sec. 6. [16E.015] DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of this chapter, the following terms
have the meanings given them.
    Subd. 2. Accessibility; accessible. "Accessibility" and "accessible" are defined by
the accessibility standards developed and required under section 16E.03.
    Subd. 3. Infrastructure hardware. "Infrastructure hardware" means servers,
routers, switches, and non-end-user platform devices and their operating systems.
    Subd. 4. Undue burden. "Undue burden" means significant difficulty or expense
determined and documented by the funding agency, including but not limited to difficulty
or expense associated with technical feasibility.

    Sec. 7. Minnesota Statutes 2008, 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.

    Sec. 8. Minnesota Statutes 2008, section 16E.03, subdivision 2, is amended to read:
    Subd. 2. Chief information officer's responsibility. The chief information officer
shall coordinate the state's information and telecommunications technology systems and
services to serve the needs of the state government. The chief information officer shall:
(1) design a master plan for information and telecommunications technology
systems and services in the state and its political subdivisions 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 and its
political subdivisions 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 and software
necessary to protect data and systems in state agency networks connected to the Internet.

    Sec. 9. Minnesota Statutes 2008, section 16E.03, subdivision 4, is amended to read:
    Subd. 4. Evaluation procedure. The chief information officer shall establish and,
as necessary, update and modify procedures to evaluate information and communications
projects proposed by state agencies. The evaluation procedure must assess the necessity,
design and plan for development, ability to meet user requirements, accessibility,
feasibility, and flexibility of the proposed data processing device or system, its relationship
to other state data processing devices or systems, and its costs and benefits when
considered by itself and when compared with other options.

    Sec. 10. Minnesota Statutes 2008, section 16E.03, is amended by adding a subdivision
to read:
    Subd. 9. Accessibility standards. (a) The chief information officer shall develop
accessibility standards applicable to technology, software, and hardware procurement,
with the exception of infrastructure hardware. The standards shall not impose an undue
burden on the state.
(b) The chief information officer shall require state agencies to adhere to the
standards developed under this subdivision unless an exception is approved pursuant to
subdivision 10. Except as provided in paragraph (c), the standards developed under this
section must incorporate section 508 of the Rehabilitation Act, United States Code, title
29, section 794d, as amended by the Workforce Investment Act of 1998, Public Law
105-220, August 7, 1998, and the Web Content Accessibility Guidelines, 2.0. The chief
information officer must review subsequent revisions to section 508 of the Rehabilitation
Act and to the Web Content Accessibility Guidelines and may incorporate the revisions in
the accessibility standards.
(c) If the chief information officer, in consultation with the advisory committee
established under section 12, determines that any standard developed under this
subdivision poses an undue burden to the state, the chief information officer may modify
the burdensome standard, provided written findings and rationale are made explaining
the deviation.
EFFECTIVE DATE.The standards adopted under this section may not take
effect until July 1, 2009. The standards apply to all information technology procured,
developed, or substantially modified or substantially enhanced after the effective date of
the standards. The standards do not apply to any procurement or development process
initiated before the effective date of the standards.

    Sec. 11. Minnesota Statutes 2008, section 16E.03, is amended by adding a subdivision
to read:
    Subd. 10. Exceptions to accessibility standards. Exceptions to the standards may
be granted by the chief information officer based upon a request by an agency made in
accordance with the thresholds and process established under section 12, subdivision 2.

    Sec. 12. ADVISORY COMMITTEE FOR TECHNOLOGY STANDARDS FOR
ACCESSIBILITY AND USABILITY.
    Subdivision 1. Membership. The Advisory Committee for Technology Standards
for Accessibility and Usability consists of ten members, appointed as follows:
(1) the state chief information officer, or the state chief information officer's designee;
(2) a representative from State Services for the Blind, appointed by the commissioner
of employment and economic development;
(3) the commissioner of administration, or the commissioner's designee;
(4) a representative selected by the Minnesota system of technology to achieve
results program;
(5) a representative selected by the Commission of Deaf, DeafBlind, and Hard
of Hearing Minnesotans;
(6) the commissioner of education, or the commissioner's designee;
(7) the commissioner of health, or the commissioner's designee;
(8) the commissioner of human services, or the commissioner's designee;
(9) one representative from the Minnesota judicial system designated by the chief
justice; and
    (10) one staff member from the legislature, appointed by the chair of the Legislative
Coordinating Commission.
    The appointing authorities under this subdivision must use their best efforts to ensure
that the membership of the advisory committee includes at least one representative who is
deaf, hard-of-hearing, or deaf-blind, and at least one representative who is blind.
The advisory committee shall elect a chair from its membership.
    Subd. 2. Duties. The advisory committee shall:
(1) recommend review processes to be used for the evaluation or certification of
accessibility of technology against accessibility standards;
(2) recommend an exception process and thresholds for any deviation from the
accessibility standards;
(3) identify, in consultation with state agencies serving Minnesotans with disabilities,
resources for training and technical assistance for state agency staff, including instruction
regarding compliance with accessibility standards;
(4) convene customer groups composed of individuals with disabilities to assist in
implementation of accessibility standards;
(5) review customer comments about accessibility and usability issues collected by
State Services for the Blind; and
(6) develop proposals for funding captioning of live videoconferencing, live
Webcasts, Web streaming, podcasts, and other emerging technologies.
The advisory committee shall report to the chairs and ranking minority members of
the legislative committees with jurisdiction over state technology systems by January 15
of each year, regarding the findings, progress, and recommendations made by the advisory
committee under this subdivision. The report shall include any draft legislation necessary
to implement the committee's recommendations.
    Subd. 3. Terms, compensation, and removal. The terms, compensation, and
removal of members are governed by section 15.059.
    Subd. 4. Expiration. This section expires June 30, 2011.

    Sec. 13. Minnesota Statutes 2008, section 16E.07, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
section.
(b) Core services. "Core services" means accessible information system applications
required to provide secure information services and online applications and content to the
public from government units. Online applications may include, but are not limited to:
(1) standardized public directory services and standardized content services;
(2) online search systems;
(3) general technical services to support government unit online services;
(4) electronic conferencing and communication services;
(5) secure electronic transaction services;
(6) digital audio, video, and multimedia services; and
(7) government intranet content and service development.
(c) Government unit. "Government unit" means a state department, agency,
commission, council, board, task force, or committee; a constitutional office; a court
entity; the Minnesota State Colleges and Universities; a county, statutory or home rule
charter city, or town; a school district; a special district; or any other board, commission,
district, or authority created under law, local ordinance, or charter provision.

    Sec. 14. Laws 2009, chapter 37, article 2, section 3, subdivision 8, is amended to read:


Subd. 8.Telecommunications Access
Minnesota
600,000300,000
600,000300,000
$300,000 the first year and $300,000
the second year are for transfer to the
commissioner of human services to
supplement the ongoing operational expenses
of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation is from the telecommunication
access Minnesota fund, and is added to
the commission's base. This appropriation
consolidates, and is not in addition to,
appropriation language from Laws 2006,
chapter 282, article 11, section 4, and
Laws 2007, chapter 57, article 2, section 3,
subdivision 7.
$300,000 each year is from the
telecommunications access fund to the
commissioner of commerce for a grant to
the Legislative Coordinating Commission
for a pilot program to provide captioning
of live streaming of legislative sessions
on the commission's Web site and a grant
to the Commission of Deaf, DeafBlind,
and Hard-of-Hearing Minnesotans to
provide information on their Web site in
American Sign Language and to provide
technical assistance to state agencies. The
commissioner of commerce may allocate
a portion of this money to the Office
of Technology to coordinate technology
accessibility and usability.

    Sec. 15. ESTABLISHMENT OF ADVISORY COMMITTEE FOR
TECHNOLOGY STANDARDS.
The appointing authorities for the advisory committee established in section 12 must
complete their appointments by August 1, 2009. The chief information officer or the
chief information officer's designee shall convene the first meeting of the committee no
later than September 1, 2009. The committee shall elect a chair as provided in section
12 at the first meeting of the committee.

    Sec. 16. TELECOMMUNICATIONS ACCESS MINNESOTA FUND;
APPROPRIATION.
(a) Notwithstanding the limitations and in addition to the appropriation authorized
in Minnesota Statutes, section 237.52, $300,000 in fiscal year 2010 and $300,000 in
fiscal year 2011 are appropriated from the telecommunications access Minnesota fund
as follows:
(1) $100,000 each year to the chief information officer for coordinating technology
accessibility and usability;
(2) $100,000 each year to the Commission of Deaf, DeafBlind, and Hard of Hearing
Minnesotans to provide information on their Web site in American Sign Language and to
provide technical assistance to state agencies; and
(3) $100,000 each year to the Legislative Coordinating Commission for a
pilot program to provide captioning of live streaming of legislative sessions on the
commission's Web site.
This is a onetime appropriation.
(b) Of the money available to Minnesota from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, and allocated to the Department of
Employment and Economic Development for activities authorized under title 1 of the
Rehabilitation Act of 1973, as amended, and Code of Federal Regulations, title 34,
part 361, of its implementing regulations, up to $276,000 must be transferred to the
Department of Administration and the Office of Enterprise Technology to develop and
implement technology accessibility standards in order to expand employment outcomes
for individuals with disabilities.
This is a onetime appropriation.

    Sec. 17. EFFECTIVE DATE.
This act is effective July 1, 2009.
Presented to the governor May 18, 2009
Signed by the governor May 21, 2009, 11:00 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569