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

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. (a) 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.
(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.
(c) 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. [16A.0561] MAPPED DATA ON EXPENDITURES.
(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.
(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).
(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.

    Sec. 3. Minnesota Statutes 2008, section 16A.275, is amended to read:
16A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT.
    Subdivision 1. If $250, daily. Deposit receipts. Except as otherwise provided by
law, an agency shall deposit receipts totaling $250 $1,000 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 $250 $1,000 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. Within the limits of available appropriations,
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 enter into a contract or
otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
valued at more than $100,000 annually 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 except when mandated by the federal government as a condition
of receiving federal funds, 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.
(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.

    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:
(1) 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; and
(2) enhanced public access to data can be provided consistent with standards
developed under section 16E.05, subdivision 4.
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:
    Subd. 4. Standards for transparency. 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:
(1) the state information architecture facilitates public access to agency data;
(2) publicly available data is managed using an approved state metadata model; and
(3) all geospatial data conform to an approved state geocode model.

    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. 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.
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 provided and integrated into the
Minnesota land management information system's geographic and summary databases
according to published data compatibility guidelines made available using standards
adopted by the Office of Enterprise Technology and geospatial technology standards and
guidelines published by the Minnesota Geospatial Information Office. 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. The Minnesota Geospatial Information Office
Agencies monitoring groundwater shall maintain a computerized database databases
of the results of groundwater quality monitoring in a manner that is 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 accessible to the Pollution Control Agency, Department of Agriculture, Department
of Health, and Department of Natural Resources. The center shall assess the quality and
reliability of the data and organize the data in a usable format.

    Sec. 13. [116W.035] INFORMATION TECHNOLOGY.
    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:
    (1) evaluation and approval as specified in section 16E.03, subdivisions 3 and 4;
    (2) review to ensure compliance with security policies, guidelines, and standards as
specified in section 16E.03, subdivision 7; and
    (3) assurance of compliance with accessibility standards developed under section
16E.03, subdivision 9.

    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. 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.
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. 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 or appropriate digital technology to the commissioner of revenue, the
secretary of state, 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 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. 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.

    Sec. 16. GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES.
    Subdivision 1. Data center study. (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.
(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.
    Subd. 2. Transparency standards. 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.

    Sec. 17. BUSINESS INTELLIGENCE AND INFORMATION ANALYTICS.
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.

    Sec. 18. EFFECTIVE DATE.
Except as otherwise provided, the sections in article 1 are effective July 1, 2010.

ARTICLE 2
GOVERNMENT REFORM

    Section 1. [3.9280] COMMISSION ON SERVICE INNOVATION.
    Subdivision 1. Establishment. 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.
    Subd. 2. Membership. (a) The commission consists of 19 members, appointed
as follows:
(1) one representative of the Minnesota Chamber of Commerce;
(2) one representative of the Minnesota Business Partnership;
(3) one representative of the McKnight Foundation;
(4) one representative of the Wilder Foundation;
(5) one representative of the Bush Foundation;
(6) one representative of the Minnesota Council of Nonprofits;
(7) one representative of the Citizens League;
(8) one representative of the Minnesota Association of Townships;
(9) one representative of the Association of Minnesota Counties;
(10) one representative of the League of Minnesota Cities;
(11) one representative of the University of Minnesota;
(12) one representative of the Minnesota State Colleges and Universities;
(13) one representative of the Minnesota Association of School Administrators;
(14) two representatives of the American Federation of State, County, and Municipal
Employees, including one from council 5 and one from council 65;
(15) one representative of the Minnesota Association of Professional Employees;
(16) one representative of the Service Employees International Union;
(17) one representative of the Minnesota High Tech Association; and
(18) the state chief information officer.
(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.
    Subd. 3. Organization. (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.
(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.
(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.
(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.
    Subd. 4. Reporting. (a) Beginning August 1, 2010, the commission shall publish
electronic monthly reports on its progress, including a description of upcoming agenda
items.
(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:
(1) how to enhance the public involvement and input as the public uses state and
local government services and public schools;
(2) how technology can be leveraged to reduce costs and enhance quality;
(3) how service innovation will conserve substantial financial resources;
(4) a transition plan and governance structure that will facilitate high-quality
innovation and change in the future;
(5) how to improve public sector employee productivity;
(6) the security of individual data and government programs;
(7) data transparency and accountability;
(8) centralized and shared services; and
(9) data interoperability across jurisdictions.
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.
The strategic plan shall also include any proposed legislation necessary to implement
the commission's recommendations.
    Subd. 5. Expiration. This section expires June 30, 2012.
EFFECTIVE DATE.This section is effective the day following final enactment.
Presented to the governor May 18, 2010
Signed by the governor May 25, 2010, 11:22 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