16E.18 STATE INFORMATION INFRASTRUCTURE.
Subdivision 1. Policy.
(a) The state through its departments and agencies shall seek ways to
meet its telecommunications needs in a manner that will help to promote investment and growth
of the private sector information infrastructure throughout the state.
(b) The chief information officer shall ensure that telecommunications services are acquired
in a manner that:
(1) promotes the availability of technologies with statewide high-speed or advanced
telecommunications capability for both public and private customers in a reasonable and timely
(2) enables the cost-effective provision of telecommunications services to the entities
identified in this section;
(3) uses standards-based open, interoperable networks to the extent practicable;
(4) promotes fair and open competition in the delivery of telecommunications services;
(5) allows effective state information infrastructure network management, responsiveness,
and fault protection;
(6) provides networkwide security and confidentiality as appropriate for promoting public
safety, health, and welfare; and
(7) meets performance standards that are reasonable and necessary.
(c) The state may purchase, own, or lease customer premises equipment. Customer premises
equipment consists of terminal and associated equipment and inside wire located at an end user's
premises and connected with communication channels at the point established in a building or a
complex to separate customer equipment from the network. Customer premises equipment also
includes, but is not limited to, communications devices eligible for distribution to communications
impaired persons under section
237.51, subdivision 1
(d) This section does not prohibit the chief information officer or other governmental entity
from owning, leasing, operating, and staffing a network operation center that allows the chief
information officer to test, troubleshoot, and maintain network operations.
Subd. 2. Creation.
Except as provided in subdivision 4, the chief information officer, through
the state information infrastructure, shall arrange for the provision of information technology and
telecommunications services to state agencies. The state information infrastructure may also serve
educational institutions, including public schools as defined in section
9, 11, 13, and 17
, nonpublic, church or religious organization schools that provide instruction
in compliance with sections
, and private colleges; public
corporations; Indian tribal governments; state political subdivisions; and public noncommercial
educational television broadcast stations as defined in section
129D.12, subdivision 2
. It is not
a telephone company for purposes of chapter 237. The chief information officer may purchase,
own, or lease any telecommunications network facilities or equipment after first seeking bids
or proposals and having determined that the private sector cannot, will not, or is unable to
provide these services, facilities, or equipment as bid or proposed in a reasonable or timely
fashion consistent with policy set forth in this section. The chief information officer shall not
resell or sublease any services or facilities to nonpublic entities except to serve private schools
and colleges. The chief information officer has the responsibility for planning, development,
and operations of the state information infrastructure in order to provide cost-effective
telecommunications transmission services to state information infrastructure users consistent with
the policy set forth in this section.
Subd. 3. Duties.
(a) The chief information officer shall:
(1) arrange for information technology and telecommunications services to the state and to
political subdivisions through an account in the enterprise technology revolving fund;
(2) manage vendor relationships, network function, and capacity planning in order to be
responsive to the needs of the state information infrastructure users;
(3) set rates and fees for services;
(4) approve contracts for services, facilities, or equipment relating to the system;
(5) develop a system plan and the annual program and fiscal plans for the system; and
(6) in consultation with the commissioner of education in regard to schools, assist state
agencies, political subdivisions of the state, and higher education institutions, including private
colleges and public and private schools, to identify their telecommunication needs, and develop
plans for interoperability of the network consistent with the policies in subdivision 1, paragraphs
(a) and (b). When requested, the chief information officer may also assist in identifying,
purchasing, or leasing their customer premises equipment.
(b) The chief information officer may purchase, own, or lease any telecommunications
network facilities or equipment after first seeking bids or proposals and having determined that the
private sector cannot, will not, or is unable to provide these services, facilities, or equipment as bid
or proposed in a reasonable and timely fashion consistent with the policy set forth in this section.
Subd. 4. Program participation.
The chief information officer may require the participation
of state agencies and the commissioner of education, and may request the participation of the
Board of Regents of the University of Minnesota and the Board of Trustees of the Minnesota
State Colleges and Universities, in the planning and implementation of the network to provide
interconnective technologies. The Board of Trustees of the Minnesota State Colleges and
Universities may opt out of participation as a subscriber on the network, in whole or in part, if
the board is able to secure telecommunications services from another source that ensures it will
achieve the policy objectives set forth in subdivision 1.
Subd. 5. Alternative aggregation.
The chief information officer may, but is not required
to, approve community-based aggregation of demand for telecommunications services for
state agencies, including Minnesota State Colleges and Universities. To be considered a
community-based aggregation project:
(1) the project must aggregate telecommunications demands of state agencies with that of the
private sector in a community or a group of communities in a geographic region to the extent
permitted by law; and
(2) the aggregation must result in telecommunications infrastructure improvements that
ensure the policy set forth in subdivision 1, paragraphs (a) and (b).
Subd. 6. Rates.
(a) The chief information officer shall establish reimbursement rates in
cooperation with the commissioner of finance to be billed to participating agencies and educational
institutions sufficient to cover the operating, maintenance, and administrative costs of the system.
(b) Except as otherwise provided in subdivision 4, a direct appropriation made to an
educational institution for usage costs associated with the state information infrastructure must
only be used by the educational institution for payment of usage costs of the network as billed by
the chief information officer.
Subd. 7. Appropriation.
Money appropriated for the state information infrastructure and
fees for telecommunications services must be deposited in an account in the enterprise technology
revolving fund. Money in the account is appropriated annually to the chief information officer to
carry out the purposes of this section.
Subd. 8. Exemption.
The system is exempt from the five-year limitation on contracts set by
16C.05, subdivision 2
, paragraph (b),
16C.08, subdivision 3
, clause (5), and
History: 1989 c 246 s 2; 1989 c 335 art 1 s 64; 1990 c 594 art 1 s 47; 1991 c 345 art 1 s 64;
1992 c 514 s 10-12; 1994 c 634 art 1 s 8,9; 1Sp1995 c 3 art 12 s 1; 1996 c 398 s 15; 1997 c 202
art 3 s 4; 1998 c 359 s 9; 1998 c 386 art 2 s 14; 1998 c 397 art 11 s 3; 1998 c 398 art 5 s 55; 1999
c 86 art 1 s 10; 1999 c 214 art 2 s 1; 1999 c 250 art 1 s 61; 2001 c 162 s 5; 2003 c 130 s 12;
1Sp2003 c 1 art 2 s 41,42; 2005 c 156 art 5 s 23; 2007 c 100 s 2-4