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SF 2310

as introduced - 88th Legislature (2013 - 2014) Posted on 04/28/2014 08:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; eliminating or modernizing antiquated, unnecessary,
and obsolete language; amending Minnesota Statutes 2012, sections 16E.01, as
amended; 16E.03, subdivision 2; 16E.035; 16E.05, subdivision 1; Minnesota
Statutes 2013 Supplement, sections 16E.04, subdivision 2; 16E.18, subdivision
8; repealing Minnesota Statutes 2012, sections 16E.02, subdivisions 2, 3; 16E.03,
subdivision 8; 16E.0475.

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

Section 1.

Minnesota Statutes 2012, section 16E.01, as amended by Laws 2013,
chapter 134, section 21, is amended to read:


16E.01 OFFICE OF MN.IT SERVICES.

Subdivision 1.

Creation; chief information officer.

The Office of MN.IT Services,
referred to in this chapter as the "office," is an agency in the executive branch headed by
a commissioner, who also is the state chief information officer. The appointment of the
commissioner is subject to the advice and consent of the senate under section 15.066.

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.

Subd. 2.

Discretionary powers.

The office may:

(1) enter into contracts for goods or services with public or private organizations
and charge fees for services it provides;

(2) apply for, receive, and expend money from public agencies;

(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;

(4) enter into contracts with agencies of the federal government, local governmental
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernmental organizations as necessary to perform its statutory duties;

deleted text begin (5) appoint committees and task forces of not more than two years' duration to
assist the office in carrying out its duties;
deleted text end

deleted text begin (6)deleted text end new text begin (5)new text end sponsor and conduct conferences and studies, collect and disseminate
information, and issue reports relating to information and communications technology
issues;

deleted text begin (7) participate in the activities of standards bodies and other appropriate conferences
related to information and communications technology issues;
deleted text end

deleted text begin (8)deleted text end new text begin (6)new text end review the technology infrastructure of regions of the state and cooperate
with and make recommendations to the governor, legislature, state agencies, local
governments, local technology development agencies, the federal government, private
businesses, and individuals for the realization of information and communications
technology infrastructure development potential;

deleted text begin (9)deleted text end new text begin (7)new text end sponsor, support, and facilitate innovative and collaborative economic
and community development and government services projects, including technology
initiatives related to culture and the arts, with public and private organizations; and

deleted text begin (10)deleted text end new text begin (8)new text end review and recommend alternative sourcing strategies for state information
and communications systems.

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 deleted text begin other public and private
organizations while building on the existing governmental, educational, business, health
care, and economic development infrastructures
deleted text end new text begin state agenciesnew text end ;

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

(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
management and budget, 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 management and budget to be billed to agencies and other
governmental entities sufficient to cover the actual development, operating, maintenance,
and administrative costs of the shared systems. The methodology for billing may include
the use of interagency agreements, or other means as allowed by law.

(c) A state agency that has an information and telecommunications technology
project 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 deleted text begin (2)deleted text end new text begin (13)new text end . The report must include the reasons for the determinations made in the
review of each project and a description of its current status.

Sec. 2.

Minnesota Statutes 2012, section 16E.03, subdivision 2, is amended to read:


Subd. 2.

Chief information officer's responsibility.

deleted text begin The chief information officer
shall coordinate the state's information and telecommunications technology systems and
services to serve the needs of the state government.
deleted text end 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. 3.

Minnesota Statutes 2012, section 16E.035, is amended to read:


16E.035 TECHNOLOGY INVENTORY.

The chief information officer must prepare deleted text begin andeleted text end new text begin a financialnew text end inventory of technology
owned or leased by deleted text begin state agenciesdeleted text end new text begin MN.IT Servicesnew text end . The inventory must include: (1)
information on how the technology fits into the state's information technology architecture;
and (2) a projected replacement schedule. The chief information officer must report the
inventory to the legislative committees with primary jurisdiction over state technology
issues by July 1 of each even-numbered year.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 16E.04, subdivision 2, is
amended to read:


Subd. 2.

Responsibilities.

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

deleted text begin (b)deleted text end new text begin (a)new text end The office shall develop and establish a state information architecture to ensure:

(1) that state agency deleted text begin development and purchase ofdeleted text end information and communications
systems, equipment, and services deleted text begin is designed to ensure that individual agency information
systems complement and
deleted text end 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.

deleted text begin (c) The office shall, in cooperation with state agencies, plan and manage the
development and improvement of information systems so that an individual information
system reflects and supports the state agency's mission and the state's requirements and
functions.
deleted text end

deleted text begin (d)deleted text end new text begin (b)new text end 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.

deleted text begin (e)deleted text end new text begin (c)new text end The office shall review and approve agency requests for grant funding that
have an information and technology component.

deleted text begin (f)deleted text end new text begin (d)new text end 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.

deleted text begin (g)deleted text end new text begin (e)new text end 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.

Sec. 5.

Minnesota Statutes 2012, section 16E.05, subdivision 1, is amended to read:


Subdivision 1.

Duties.

The office, in consultation with interested persons, shall:

(1) coordinate statewide efforts by units of state and local government to plan for
and develop a system for providing access to government services;new text begin and
new text end

deleted text begin (2) make recommendations to facilitate coordination and assistance of demonstration
projects; and
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end explore ways and means to improve citizen and business access to public
services, including implementation of technological improvements.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 16E.18, subdivision 8, is
amended to read:


Subd. 8.

Exemption.

The state information network is exempt from the five-
and ten-year limitation on contracts set by sections deleted text begin 16C.03, subdivision 17;deleted text end 16C.05,
subdivision 2
, paragraph (b); new text begin 16C.06, subdivision 3b; new text end 16C.08, subdivision 3, clause (5);
and 16C.09, clause (6). A contract compliance review must be performed by the office on
a five-year basis for any contract that has a total term greater than five years. The review
must detail any compliance or performance issues on the part of the contractor.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 16E.02, subdivisions 2 and 3; 16E.03, subdivision
8; and 16E.0475,
new text end new text begin are repealed the day following final enactment.
new text end