2001 Minnesota Statutes

CHAPTER 16E. Office of technology

     16E.01 Office of technology. 

    Subdivision 1.    Purpose.  The office of technology, 
 referred to in this chapter as the "office," is under the 
 supervision of the commissioner of administration.  The office 
 shall provide leadership and direction for information and 
 communications technology policy in Minnesota.  The office shall 
 coordinate strategic investments in information and 
 communications technology to encourage the development of a 
 technically literate society and to ensure sufficient access to 
 and efficient delivery of government services.  

    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; 

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

    (6) sponsor and conduct conferences and studies, collect 
 and disseminate information, and issue reports relating to 
 information and communications technology issues; 

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

    (8) 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; 

    (9) 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 

    (10) review and recommend alternative sourcing strategies 
 for state information and communications systems. 

    Subd. 3.    Duties.  The office shall: 

    (1) coordinate the efficient and effective use of available 
 federal, state, local, and private resources to develop 
 statewide information and communications technology and its 
 infrastructure; 

    (2) review state agency and intergovernmental information 
 and communications systems development efforts involving state 
 or intergovernmental funding, provide information to the 
 legislature regarding projects reviewed, and recommend projects 
 for inclusion in the governor's budget under section 16A.11; 

    (3) encourage cooperation and collaboration among state and 
 local governments in developing intergovernmental communication 
 and information systems, and define the structure and 
 responsibilities of the information policy council; 

    (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) promote and coordinate the regular and periodic 
 reinvestment in the core information and communications 
 technology infrastructure so that state and local government 
 agencies can effectively and efficiently serve their customers; 

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

    (12) work with others to avoid unnecessary duplication of 
 existing services provided by other public and private 
 organizations while building on the existing governmental, 
 educational, business, health care, and economic development 
 infrastructures. 

    HIST: 1997 c 202 art 3 s 7; 1998 c 366 s 41; 1999 c 250 art 1 
 s 68 

     16E.02 Office of technology structure and personnel. 

    Subdivision 1.    Office management and structure.  The 
 commissioner of administration is the state's chief information 
 officer and technology advisor to the governor.  The staff of 
 the office must include individuals knowledgeable in information 
 and communications technology.  

    Subd. 2.    Intergovernmental participation.  The 
 commissioner of administration or the commissioner's designee 
 shall serve as a member of the Minnesota education 
 telecommunications council, the geographic information systems 
 council, the library planning task force, or their respective 
 successor organizations, and as a member of Minnesota 
 Technology, Inc. and the Minnesota health data institute as a 
 nonvoting member. 

    HIST: 1997 c 202 art 3 s 8; 1999 c 250 art 1 s 69; 2000 c 260 
 s 8 

     16E.03 Administration of state information and 
  communications systems. 

    Subdivision 1.    Definitions.  For the purposes of 
 sections 16E.03 to 16E.05, the following terms have the meanings 
 given them. 

    (a) "Information and communications technology project" 
 means the development or acquisition of information and 
 communications technology devices and systems, but does not 
 include the state information infrastructure or its contractors. 

    (b) "Data processing device or system" means equipment or 
 computer programs, including computer hardware, firmware, 
 software, and communication protocols, used in connection with 
 the processing of information through electronic data processing 
 means, and includes data communication devices used in 
 connection with computer facilities for the transmission of data.

    (c) "State agency" means an agency in the executive branch 
 of state government and includes the Minnesota higher education 
 services office. 

    Subd. 2.    Commissioner's responsibility.  The 
 commissioner shall coordinate the state's information and 
 communications technology systems to serve the needs of the 
 state government.  The commissioner shall: 

    (1) coordinate the design of a master plan for information 
 and communications technology systems 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 all information and communications 
 technology plans and contracts and oversee the state's 
 information and communications systems; 

    (3) establish standards for information and communications 
 systems that encourage competition and support open systems 
 environments and that are compatible with national and 
 international standards; and 

    (4) maintain a library of systems and programs developed by 
 the state and its political subdivisions for use by agencies of 
 government. 

    Subd. 3.    Evaluation and approval.  A state agency may 
 not undertake an information and communications technology 
 project until it has been evaluated according to the procedures 
 developed under subdivision 4.  The governor or governor's 
 designee shall give written approval of the proposed project.  
 If the proposed project is not approved, the commissioner of 
 finance shall cancel the unencumbered balance of any 
 appropriation allotted for the project.  This subdivision does 
 not apply to acquisitions or development of information and 
 communications systems that have anticipated total cost of less 
 than $100,000.  The Minnesota state colleges and universities 
 shall submit for approval any project related to acquisitions or 
 development of information and communications systems that has a 
 total anticipated cost of more than $250,000. 

    Subd. 4.    Evaluation procedure.  The commissioner 
 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, 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. 

    Subd. 5.    Report to legislature.  The commissioner 
 shall submit to the legislature, at the same time as the 
 governor's budget required by section 16A.11, a concise 
 narrative explanation of any information and communication 
 technology project that involves collaboration between state 
 agencies and an explanation of how the budget requests of the 
 several agencies collaborating on the project relate to each 
 other. 

    Subd. 6.    System development methods.  The 
 commissioner shall establish and, as necessary, update and 
 modify methods for developing information and communications 
 systems appropriate to the specific needs of individual state 
 agencies.  The development methods shall be used to define the 
 design, programming, and implementation of systems.  The 
 development methods must also enable and require a data 
 processing system to be defined in terms of its computer 
 programs, input requirements, output formats, administrative 
 procedures, and processing frequencies. 

    Subd. 7.    Data security systems.  In consultation with 
 the attorney general and appropriate agency heads, the 
 commissioner shall develop data security policies, guidelines, 
 and standards, and the commissioner of administration shall 
 install and administer state data security systems on the 
 state's centralized computer facility consistent with these 
 policies, guidelines, standards, and state law to ensure the 
 integrity of computer-based and other data and to ensure 
 applicable limitations on access to data, consistent with the 
 public's right to know as defined in chapter 13.  Each 
 department or agency head is responsible for the security of the 
 department's or agency's data. 

    Subd. 8.    Joint actions.  The commissioner may join 
 with the federal government, other states, local governments, 
 and organizations representing those groups either jointly or 
 severally in the development and implementation of systems 
 analysis, information services, and computerization projects. 

    HIST: 1997 c 202 art 3 s 9; 1997 c 212 s 3,4; 1998 c 359 s 15; 
 1998 c 366 s 42-45; 1999 c 250 art 1 s 114 

     16E.035 Technology inventory. 

    The commissioner of administration must prepare an 
 inventory of technology owned or leased by state agencies.  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 commissioner must 
 report the inventory to the legislative committees with primary 
 jurisdiction over state technology issues by July 1 of each 
 even-numbered year. 

    HIST: 1Sp2001 c 10 art 2 s 44 

     16E.04 Information and communications technology policy. 

    Subdivision 1.    Development.  The office shall 
 coordinate with state agencies in developing and establishing 
 policies and standards for state agencies to follow in 
 developing and purchasing information and communications systems 
 and training appropriate persons in their use.  The office shall 
 develop, promote, and coordinate state technology, architecture, 
 standards and guidelines, information needs analysis techniques, 
 contracts for the purchase of equipment and services, and 
 training of state agency personnel on these issues. 

    Subd. 2.    Responsibilities.  (a) In addition to other 
 activities prescribed by law, the office shall carry out the 
 duties set out in this subdivision. 

    (b) The office shall develop and establish a state 
 information architecture to ensure that further state agency 
 development and purchase of information and communications 
 systems, equipment, and services is designed to ensure that 
 individual agency information systems complement and do not 
 needlessly duplicate or conflict with the systems of other 
 agencies.  When state agencies have need for the same or similar 
 public data, the commissioner, in coordination with the affected 
 agencies, shall promote 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. 

    (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. 

    (d) The office shall review agency requests for legislative 
 appropriations for the development or purchase of information 
 systems equipment or software. 

    (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 that the equipment is consistent with the 
 information management principles adopted by the information 
 policy council; 

    (3) evaluate whether the agency's proposed purchase 
 reflects a cost-effective policy regarding volume purchasing; 
 and 

    (4) 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 provide advice and assistance to 
 ensure that these systems are operated efficiently and 
 continually meet the standards and guidelines established by the 
 office.  The standards and guidelines must emphasize uniformity 
 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. 

    Subd. 3.    Risk assessment and mitigation.  (a) A risk 
 assessment and risk mitigation plan are required for an 
 information systems development project estimated to cost more 
 than $1,000,000 that is undertaken by a state agency in the 
 executive or judicial branch or by a constitutional officer.  
 The commissioner of administration must contract with an entity 
 outside of state government to conduct the assessment and 
 prepare the mitigation plan for a project estimated to cost more 
 than $5,000,000.  The outside entity conducting the risk 
 assessment and preparing the mitigation plan must not have any 
 other direct or indirect financial interest in the project.  The 
 risk assessment and risk mitigation plan must provide for 
 periodic monitoring by the commissioner until the project is 
 completed. 

    (b) The risk assessment and risk mitigation plan must be 
 paid for with money appropriated for the information systems 
 development project.  No more than ten percent of the amount 
 anticipated to be spent on the project, other than the money 
 spent on the risk assessment and risk mitigation plan, may be 
 spent until the risk assessment and mitigation plan are reported 
 to the commissioner of administration and the commissioner has 
 approved the risk mitigation plan.  

    HIST: 1997 c 202 art 3 s 10; 1999 c 250 art 1 s 114; 2000 c 
 488 art 12 s 17; 2001 c 7 s 11; 1Sp2001 c 10 art 2 s 45 

     16E.0465 Technology approval. 

    Subdivision 1.    Application.  This section applies to 
 an appropriation of more than $1,000,000 of state or federal 
 funds to a state agency for any information and communications 
 technology project or data processing device or system or for 
 any phase of such a project, device, or system.  For purposes of 
 this section, an appropriation of state or federal funds to a 
 state agency includes an appropriation:  

    (1) to the Minnesota state colleges and universities; 

    (2) to a constitutional officer; 

    (3) for a project that includes both a state agency and 
 units of local government; and 

    (4) to a state agency for grants to be made to other 
 entities. 

    Subd. 2.    Required review and approval.  (a) A state 
 agency receiving an appropriation for an information and 
 communications technology project or data processing device or 
 system subject to this section must divide the project into 
 phases. 

    (b) The commissioner of finance may not authorize the 
 encumbrance or expenditure of an appropriation of state funds to 
 a state agency for any phase of a project, device, or system 
 subject to this section unless the office of technology has 
 reviewed each phase of the project, device, or system, and based 
 on this review, the commissioner of administration has 
 determined for each phase that: 

    (1) the project is compatible with the state information 
 architecture and other policies and standards established by the 
 commissioner of administration; and 

    (2) the agency is able to accomplish the goals of the phase 
 of the project with the funds appropriated. 

    Subd. 3.    Role of commissioner.  Unless money is 
 appropriated directly to the commissioner of administration, the 
 role of the commissioner and the office of technology is to 
 review and approve projects under this section, and not to 
 design or implement the projects. 

    HIST: 1Sp2001 c 10 art 2 s 46 

     16E.05 Government information access. 

    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; 

    (2) make recommendations to facilitate coordination and 
 assistance of demonstration projects; and 

    (3) explore ways and means to improve citizen and business 
 access to public services, including implementation of 
 technological improvements. 

    Subd. 2.    Approval of state agency initiatives.  A 
 state agency shall coordinate with the office when implementing 
 a new initiative for providing electronic access to state 
 government information. 

    Subd. 3.    Capital investment.  No state agency may 
 propose or implement a capital investment plan for a state 
 office building unless: 

    (1) the agency has developed a plan for increasing 
 telecommuting by employees who would normally work in the 
 building, or the agency has prepared a statement describing why 
 such a plan is not practicable; and 

    (2) the plan or statement has been reviewed by the office. 

    HIST: 1997 c 202 art 3 s 11 

     16E.055 Common Web format. 

    A state agency that implements electronic government 
 services for fees, licenses, sales, or other purposes must use a 
 common Web page format approved by the commissioner of 
 administration for those electronic government services.  The 
 commissioner may create a single entry site for all agencies to 
 use for electronic government services. 

    HIST: 1Sp2001 c 10 art 2 s 47 

     16E.06 Data privacy. 

    The following data submitted to the office by businesses 
 are private data on individuals or nonpublic data:  financial 
 statements, business plans, income and expense projections, 
 customer lists, and market and feasibility studies not paid for 
 with public funds. 

    HIST: 1997 c 202 art 3 s 12 

     16E.07 North Star. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b)    Core services.  "Core services" means 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. 

    Subd. 2.    Established.  The office shall establish 
 "North Star" as the state's comprehensive government online 
 information service.  North Star is the state's governmental 
 framework for coordinating and collaborating in providing online 
 government information and services.  Government agencies that 
 provide electronic access to government information are 
 requested to make available to North Star their most frequently 
 requested public data.  

    Subd. 3.    Access to data.  The legislature determines 
 that the greatest possible access to certain government 
 information and data is essential to allow citizens to 
 participate fully in a democratic system of government.  Certain 
 information and data, including, but not limited to the 
 following, must be provided free of charge or for a nominal cost 
 associated with reproducing the information or data: 

    (1) directories of government services and institutions, 
 including an electronic version of the guidebook to state agency 
 services published by the commissioner of administration; 

    (2) legislative and rulemaking information, including an 
 electronic version of the State Register, public information 
 newsletters, bill text and summaries, bill status information, 
 rule status information, meeting schedules, and the text of 
 statutes and rules; 

    (3) supreme court and court of appeals opinions and general 
 judicial information; 

    (4) opinions of the attorney general; 

    (5) campaign finance and public disclosure board and 
 election information; 

    (6) public budget information; 

    (7) local government documents, such as codes, ordinances, 
 minutes, meeting schedules, and other notices in the public 
 interest; 

    (8) official documents, releases, speeches, and other 
 public information issued by government agencies; and 

    (9) the text of other government documents and publications 
 that government agencies determine are important to public 
 understanding of government activities. 

    Subd. 4.    Staff.  The commissioner shall appoint the 
 manager of the North Star online information service and hire 
 staff to carry out the responsibilities of the service. 

    Subd. 5.    Participation; consultation; guidelines.  
 The North Star staff shall consult with governmental and 
 nongovernmental organizations to establish rules for 
 participation in the North Star service.  Government units 
 planning, developing, or providing publicly accessible online 
 services shall provide access through and collaborate with North 
 Star and formally register with the office.  The University of 
 Minnesota is requested to establish online connections and 
 collaborate with North Star.  Units of the legislature shall 
 make their services available through North Star.  Government 
 units may be required to submit standardized directory and 
 general content for core services but are not required to 
 purchase core services from North Star.  North Star shall 
 promote broad public access to the sources of online information 
 or services through multiple technologies.  

    Subd. 6.    Fees.  The office shall establish fees for 
 technical and transaction services for government units through 
 North Star.  Fees must be credited to the North Star account. 
 The office may not charge a fee for viewing or inspecting data 
 made available through North Star or linked facilities, unless 
 specifically authorized by law. 

    Subd. 7.    North Star account.  The North Star account 
 is created in the special revenue fund.  The account consists of:

    (1) grants received from nonstate entities; 

    (2) fees and charges collected by the office; 

    (3) gifts, donations, and bequests made to the office; and 

    (4) other money credited to the account by law. 

    Money in the account is appropriated to the office to be 
 used to continue the development of the North Star project. 

    Subd. 8.    Secure transaction system.  The office shall 
 plan and develop a secure transaction system to support delivery 
 of government services electronically. 

    Subd. 9.    Aggregation of service demand.  The office 
 shall identify opportunities to aggregate demand for technical 
 services required by government units for online activities and 
 may contract with governmental or nongovernmental entities to 
 provide services.  These contracts are not subject to the 
 requirements of chapters 16B and 16C, except sections 16C.04, 
 16C.07, 16C.08, and 16C.09. 

    Subd. 10.    Outreach.  The office may promote the 
 availability of government online information and services 
 through public outreach and education.  Public network expansion 
 in communities through libraries, schools, colleges, local 
 government, and other community access points must include 
 access to North Star.  North Star may make materials available 
 to those public sites to promote awareness of the service. 

    Subd. 11.    Advanced development collaboration.  The 
 office shall identify information technology services with broad 
 public impact and advanced development requirements.  Those 
 services shall assist in the development of and utilization of 
 core services to the greatest extent possible where appropriate, 
 cost-effective, and technically feasible.  This includes, but is 
 not limited to, higher education, statewide online library, 
 economic and community development, and K-12 educational 
 technology services.  North Star shall participate in electronic 
 commerce research and development initiatives with the 
 University of Minnesota and other partners.  The statewide 
 online library service shall consult, collaborate, and work with 
 North Star to ensure development of proposals for advanced 
 government information locator and electronic depository and 
 archive systems. 

    HIST: 1997 c 202 art 2 s 63; art 3 s 13; 1998 c 366 s 46; 1998 
 c 386 art 2 s 15; 1999 c 250 art 1 s 114 

  16E.08 Repealed, 1Sp2001 c 10 art 2 s 102 

     16E.09 Technology enterprise fund. 

    Subdivision 1.    Fund established.  A technology 
 enterprise fund is established.  Money deposited in the fund is 
 appropriated to the commissioner of administration for the 
 purpose of funding technology projects among government entities 
 that promote cooperation, innovation, and shared use of 
 technology and technology standards, and electronic government 
 services.  Savings generated by information technology and 
 communications projects may be deposited in the fund upon 
 agreement by the commissioner of administration and the 
 executive of the government entity generating the funds.  The 
 transfer of funds between state agencies is subject to the 
 approval of the commissioner of finance.  The commissioner of 
 finance shall notify the chairs of the committees funding the 
 affected state agencies of the transfers.  Funds are available 
 until June 30, 2005. 

    Subd. 2.    Technology enterprise board.  A technology 
 enterprise board is established to advise the state chief 
 information officer, the office of technology, the governor, the 
 executive branch, and the legislature regarding information 
 technology funding and expenditures from the technology 
 enterprise fund.  The board shall consist of up to 18 members 
 representing public and private entities with general expertise 
 in information technology and telecommunications initiatives and 
 planning.  The state chief information officer shall act as 
 chair and the office of technology shall provide necessary staff 
 support.  Nonlegislator members shall be appointed by the 
 governor, including one nominee representing the state executive 
 council, one nominee representing the supreme court, and one 
 nominee representing the higher education advisory council; and 
 seven at-large members representing the private sector with 
 experience in business.  The speaker of the house of 
 representatives and the senate subcommittee on committees shall 
 each appoint two legislators to the board.  Legislator members 
 serve at the pleasure of the appointing authority.  Membership 
 terms, compensation, and removal of nonlegislator board members 
 are governed by section 15.059, except that terms are three 
 years and the board expires on June 30, 2005. 

    Subd. 3.    Report to legislature.  By February 1 each 
 year, the commissioner of administration shall report to the 
 chairs of the finance committees in the senate and house of 
 representatives with jurisdiction over governmental operations 
 on expenditures and activities under this section. 

    Subd. 4.    Expiration.  This section expires June 30, 
 2005. 

    HIST: 1Sp2001 c 10 art 2 s 48 

  16E.11 Repealed, 1999 c 250 art 1 s 115 

  16E.12 Repealed, 1999 c 250 art 1 s 115 

  16E.13 Repealed, 1999 c 250 art 1 s 115