Bill Text: MN HF191 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Information technology and telecommunications technology services consolidated, advisory committee established, duties transferred, report required, and money appropriated.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Engrossed - Dead) 2011-05-22 - Second reading [HF191 Detail]
Download: Minnesota-2011-HF191-Engrossed.html
1.2relating to state government; consolidating services for information technology
1.3and telecommunications technology; establishing an advisory committee;
1.4transferring duties; requiring a report; appropriating money;amending Minnesota
1.5Statutes 2010, sections 16B.99; 16E.14, by adding a subdivision; proposing
1.6coding for new law in Minnesota Statutes, chapter 16E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
1.916B.99 GEOSPATIAL INFORMATION OFFICE.
1.10 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
1.11under the supervision of thecommissioner of administration chief geospatial information
1.12officer, who is appointed by the chief information officer.
1.13 Subd. 2. Responsibilities; authority. The office has authority to provide
1.14coordination, guidance, and leadership, and to plan the implementation of Minnesota's
1.15geospatial information technology. The office must identify, coordinate, and guide
1.16strategic investments in geospatial information technology systems, data, and services to
1.17ensure effective implementation and use of Geospatial Information Systems (GIS) by state
1.18agencies to maximize benefits for state government as an enterprise.
1.19 Subd. 3. Duties. The office must:
1.20(1) coordinate and guide the efficient and effective use of available federal,
1.21state, local, and public-private resources to develop statewide geospatial information
1.22technology, data, and services;
1.23(2) provide leadership and outreach, and ensure cooperation and coordination for all
1.24Geospatial Information Systems (GIS) functions in state and local government, including
1.25coordination between state agencies, intergovernment coordination between state and local
2.1units of government, and extragovernment coordination, which includes coordination with
2.2academic and other private and nonprofit sector GIS stakeholders;
2.3(3) review state agency and intergovernment geospatial technology, data, and
2.4services development efforts involving state or intergovernment funding, including federal
2.5funding;
2.6(4) provide information to the legislature regarding projects reviewed, and
2.7recommend projects for inclusion in the governor's budget under section16A.11 ;
2.8(5) coordinate management of geospatial technology, data, and services between
2.9state and local governments;
2.10(6) provide coordination, leadership, and consultation to integrate government
2.11technology services with GIS infrastructure and GIS programs;
2.12(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
2.13services and systems, including services provided by other public and private organizations
2.14while building on existing governmental infrastructures;
2.15(8) promote and coordinate consolidated geospatial technology, data, and services
2.16and shared geospatial Web services for state and local governments; and
2.17(9) promote and coordinate geospatial technology training, technical guidance, and
2.18project support for state and local governments.
2.19 Subd. 4. Duties of chiefgeospatial information officer. (a) In consultation with the
2.20state geospatial advisory council, the commissioner of administration, the commissioner
2.21of management and budget, and theMinnesota chief geospatial information officer, the
2.22chiefgeospatial information officer must identify when it is cost-effective for agencies to
2.23develop and use shared information and geospatial technology systems, data, and services.
2.24The chiefgeospatial information officer may require agencies to use shared information
2.25and geospatial technology systems, data, and services.
2.26(b) The chiefgeospatial information officer, in consultation with the state
2.27geospatial advisory council, must establish reimbursement rates in cooperation with the
2.28commissioner of management and budget to bill agencies and other governmental entities
2.29sufficient to cover the actual development, operation, maintenance, and administrative
2.30costs of the shared systems. The methodology for billing may include the use of
2.31interagency agreements, or other means as allowed by law.
2.32 Subd. 5. Fees. (a) The chiefgeospatial information officer must set fees under
2.33section16A.1285 that reflect the actual cost of providing information products and
2.34services to clients. Fees collected must be deposited in the state treasury and credited to
2.35the Minnesota Geospatial Information Office revolving account. Money in the account
2.36is appropriated to the chiefgeospatial information officer for providing Geospatial
3.1Information Systems (GIS) consulting services, software, data, Web services, and map
3.2products on a cost-recovery basis, including the cost of services, supplies, material, labor,
3.3and equipment as well as the portion of the general support costs and statewide indirect
3.4costs of the office that is attributable to the delivery of these products and services. Money
3.5in the account must not be used for the general operation of the Minnesota Geospatial
3.6Information Office.
3.7(b) The chiefgeospatial information officer may require a state agency to make an
3.8advance payment to the revolving account sufficient to cover the agency's estimated
3.9obligation for a period of 60 days or more. If the revolving account is abolished or
3.10liquidated, the total net profit from the operation of the account must be distributed to the
3.11various funds from which purchases were made. For a given period of time, the amount of
3.12total net profit to be distributed to each fund must reflect the same ratio of total purchases
3.13attributable to each fund divided by the total purchases from all funds.
3.14 Subd. 6. Accountability. The chief geospatial information officer is appointed by
3.15thecommissioner of administration and must work closely with the Minnesota chief
3.16information officer who shall advise on technology projects, standards, and services.
3.17 Subd. 7. Discretionary powers. The office may:
3.18(1) enter into contracts for goods or services with public or private organizations
3.19and charge fees for services it provides;
3.20(2) apply for, receive, and expend money from public agencies;
3.21(3) apply for, accept, and disburse grants and other aids from the federal government
3.22and other public or private sources;
3.23(4) enter into contracts with agencies of the federal government, local government
3.24units, the University of Minnesota and other educational institutions, and private persons
3.25and other nongovernment organizations as necessary to perform its statutory duties;
3.26(5) appoint committees and task forces to assist the office in carrying out its duties;
3.27(6) sponsor and conduct conferences and studies, collect and disseminate
3.28information, and issue reports relating to geospatial information and technology issues;
3.29(7) participate in the activities and conferences related to geospatial information
3.30and communications technology issues;
3.31(8) review the Geospatial Information Systems (GIS) technology infrastructure
3.32of regions of the state and cooperate with and make recommendations to the governor,
3.33legislature, state agencies, local governments, local technology development agencies,
3.34the federal government, private businesses, and individuals for the realization of GIS
3.35information and technology infrastructure development potential;
4.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
4.2technology, data, and services projects; and
4.3(10) review and recommend alternative sourcing strategies for state geospatial
4.4information systems technology, data, and services.
4.5 Subd. 8. Geospatial advisory councils created. The chiefgeospatial information
4.6officer must establish a governance structure that includes advisory councils to provide
4.7recommendations for improving the operations and management of geospatial technology
4.8within state government and also on issues of importance to users of geospatial technology
4.9throughout the state.
4.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
4.11Information Office regarding the improvement of services statewide through the
4.12coordinated, affordable, reliable, and effective use of geospatial technology. The
4.13commissioner of administration chief information officer must appoint the members of the
4.14council. The members must represent a cross-section of organizations including counties,
4.15cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
4.16No more than 20 percent of the members may be employees of a state agency. In addition,
4.17the chief geospatial information officer must be a nonvoting member.
4.18(b) A state government geospatial advisory council must advise the Minnesota
4.19Geospatial Information Office on issues concerning improving state government services
4.20through the coordinated, affordable, reliable, and effective use of geospatial technology.
4.21Thecommissioner of administration chief information officer must appoint the members
4.22of the council. The members must represent up to 15 state government agencies and
4.23constitutional offices, including the Office of Enterprise Technology and the Minnesota
4.24Geospatial Information Office. The council must be chaired by the chief geographic
4.25information officer. A representative of the statewide geospatial advisory council must
4.26serve as a nonvoting member.
4.27(c) Members of both the statewide geospatial advisory council and the state
4.28government advisory council must be recommended by a process that ensures that each
4.29member is designated to represent a clearly identified agency or interested party category
4.30and that complies with the state's open appointment process. Members shall serve a
4.31term of two years.
4.32(d) The Minnesota Geospatial Information Office must provide administrative
4.33support for both geospatial advisory councils.
4.34(e) This subdivision expires June 30, 2011.
4.35Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
4.36information officer must provide a report to the chairs and ranking minority members of
5.1the legislative committees with jurisdiction over the policy and budget for the office. The
5.2report must address all statutes that refer to the Minnesota Geospatial Information Office
5.3or land management information system and provide any necessary draft legislation to
5.4implement any recommendations.
5.5 Sec. 2. [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
5.6SERVICES AND EQUIPMENT.
5.7(a) The chief information officer is responsible for providing or entering into
5.8managed services contracts for the provision of the following information technology
5.9systems and services to state agencies:
5.10(1) state data centers;
5.11(2) mainframes including system software;
5.12(3) servers including system software;
5.13(4) desktops including system software;
5.14(5) laptop computers including system software;
5.15(6) a data network including system software;
5.16(7) database, electronic mail, office systems, reporting, and other standard software
5.17tools;
5.18(8) business application software and related technical support services;
5.19(9) help desk for the components listed in clauses (1) to (8);
5.20(10) maintenance, problem resolution, and break-fix for the components listed in
5.21clauses (1) to (8);
5.22(11) regular upgrades and replacement for the components listed in clauses (1)
5.23to (8); and
5.24(12) network-connected output devices.
5.25(b) All state agency employees whose work primarily involves functions specified
5.26in paragraph (a) are employees of the Office of Enterprise Technology. This includes
5.27employees who directly perform the functions in paragraph (a), as well as employees
5.28whose work primarily involves managing, supervising, or providing administrative
5.29services or support services to employees who directly perform these functions. The
5.30chief information officer may assign employees of the office to perform work exclusively
5.31for another state agency.
5.32(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow
5.33a state agency to obtain services specified in paragraph (a) through a contract with an
5.34outside vendor when the chief information officer and the agency head agree that a
5.35contract would provide best value, as defined in section 16C.02, under the service-level
6.1agreement. The chief information officer must require that agency contracts with outside
6.2vendors ensure that systems and services are compatible with standards established by the
6.3Office of Enterprise Technology.
6.4(d) In exercising authority under this section, the chief information officer
6.5must cooperate with the commissioner of administration on contracts for acquisition
6.6of information technology systems and services. The authority granted to the chief
6.7information officer does not limit the procurement, contract management, and contract
6.8review authority of the commissioner of administration under chapter 16C, including
6.9authority of the commissioner to enter into and manage cooperative purchasing
6.10agreements with other states.
6.11(e) The Minnesota State Retirement System, the Public Employees Retirement
6.12Association, the Teachers Retirement Association, the State Board of Investment, the
6.13Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide
6.14Radio Board are not state agencies for purposes of this section.
6.15 Sec. 3. [16E.036] ADVISORY COMMITTEE.
6.16(a) The Technology Advisory Committee is created to advise the chief information
6.17officer. The committee consists of six members appointed by the governor who are
6.18individuals actively involved in business planning for state executive branch agencies,
6.19one county member designated by the Association of Minnesota Counties, one member
6.20appointed by the governor as a representative of a union that represents state information
6.21technology employees, and one member appointed by the governor to represent private
6.22businesses.
6.23(b) Membership terms, removal of members, and filling of vacancies are as provided
6.24in section 15.059. Members do not receive compensation or reimbursement for expenses.
6.25(c) The committee shall select a chair from its members. The chief information
6.26officer shall provide administrative support to the committee.
6.27(d) The committee shall advise the chief information officer on:
6.28(1) development and implementation of the state information technology strategic
6.29plan;
6.30(2) critical information technology initiatives for the state;
6.31(3) standards for state information architecture;
6.32(4) identification of business and technical needs of state agencies;
6.33(5) strategic information technology portfolio management, project prioritization,
6.34and investment decisions;
7.1(6) the office's performance measures and fees for service agreements with executive
7.2branch agencies;
7.3(7) management of the state enterprise technology revolving fund; and
7.4(8) the efficient and effective operation of the office.
7.5 Sec. 4. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
7.6to read:
7.7 Subd. 6. Technology improvement account. The technology improvement account
7.8is established as an account in the enterprise technology fund. Money in the account is
7.9appropriated to the chief information officer for the purpose of funding a project that will
7.10result in improvements in state information and telecommunications technology. The
7.11chief information officer may spend money from the account on behalf of a state agency
7.12or group of agencies or may transfer money in the account to a state agency or group of
7.13agencies only according to an agreement under which: (1) the chief information officer
7.14has determined that savings generated by the project to be funded from the account will
7.15exceed the cost of the project; and (2) the agency or agencies sponsoring the project have
7.16developed a plan for recouping the project costs to the fund.
7.17 Sec. 5. [16E.145] INFORMATION TECHNOLOGY APPROPRIATION.
7.18An appropriation for a state agency information and telecommunications technology
7.19project must be made to the chief information officer. The chief information officer must
7.20manage and disburse the appropriation on behalf of the sponsoring state agency. Any
7.21appropriation for an information and telecommunications technology project made to a
7.22state agency other than the Office of Enterprise Technology is transferred to the chief
7.23information officer.
7.24EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
7.25appropriations made before or after that date. The remainder of any appropriation subject
7.26to this section made before July 1, 2011, is transferred to the chief information officer on
7.27July 1, 2011. Ten percent of the unspent and unencumbered appropriations made before
7.28June 30, 2011, that would not otherwise cancel on June 30, 2011, that are transferred to
7.29the chief information officer, may be used for expenses relating to the transfer of functions
7.30under sections 1 to 8.
7.31 Sec. 6. TRANSFERS; TRANSITION.
7.32(a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
7.33relating to functions assigned to the chief information officer in Minnesota Statutes,
8.1section 16E.0151, are transferred to the Office of Enterprise Technology from all other
8.2state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
8.3(e), effective July 1, 2011. All reporting relationships associated with the transferred
8.4powers, duties, responsibilities, assets, personnel, and unexpended appropriations are also
8.5transferred to the Office of Enterprise Technology on July 1, 2011. By January 15, 2012,
8.6the chief information officer shall submit to the legislature any statutory changes needed
8.7to complete implementation of the transfer in this section.
8.8(b) Prior to the transfer mandated by paragraph (a), the chief information officer
8.9must enter into a service-level agreement with each state agency governing the provision
8.10of information technology systems and services in section 2. The agreements must specify
8.11the services to be provided and the charges for these services. As specified in section
8.122, an agency may choose to obtain these services from an outside vendor, rather than
8.13from the Office of Enterprise Technology. Authority to enter into agreements under this
8.14paragraph is effective the day following final enactment, with the resulting agreements
8.15effective July 1, 2011.
8.16(c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
8.17relating to geospatial information systems are transferred from the commissioner of
8.18administration to the Office of Enterprise Technology.
8.19(d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
8.20branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
8.21to implement this section.
8.22(e) The transfer of authority to the Office of Enterprise Technology in this article
8.23does not require expansion or consolidation of office space, data centers, help desks,
8.24or other systems. The chief information officer may implement expansion, relocation,
8.25or consolidation to the extent feasible and desirable with existing resources, or to the
8.26extent that savings resulting from the expansions or consolidations will pay for the costs
8.27associated with these activities during the biennium ending June 30, 2013.
8.28(f) Expenses relating to transfer of functions and other implementation of sections 1
8.29to 8 must be paid from the enterprise technology revolving fund.
8.30(g) The chief information officer must reduce the number of agency chief
8.31information officer positions to 15 by December 31, 2011. The chief information officer,
8.32in consultation with the commissioner of management and budget, must determine the
8.33general fund savings resulting from elimination of each chief information officer position,
8.34and the amount determined is transferred from the general fund appropriation to the
8.35agency to the enterprise technology revolving fund.
9.1 Sec. 7. STUDY.
9.2The chief information officer in the Office of Enterprise Technology shall report
9.3to the chairs and ranking minority members of the house of representatives and senate
9.4committees with jurisdiction over state government finance by January 15, 2012, on
9.5the feasibility and desirability of the office entering into service-level agreements with
9.6the State Lottery and the Statewide Radio Board regarding provision of information
9.7technology systems and services to those entities.
9.8 Sec. 8. REVISOR'S INSTRUCTION.
9.9The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
9.10Minnesota Statutes, chapter 16E.
9.11 Sec. 9. EFFECTIVE DATE.
9.12Sections 1 to 8 are effective July 1, 2011. However, the chief information officer
9.13may phase in the transfer of functions required by sections 1 to 8 between July 1, 2011,
9.14and July 1, 2012.
1.3and telecommunications technology; establishing an advisory committee;
1.4transferring duties; requiring a report; appropriating money;amending Minnesota
1.5Statutes 2010, sections 16B.99; 16E.14, by adding a subdivision; proposing
1.6coding for new law in Minnesota Statutes, chapter 16E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
1.916B.99 GEOSPATIAL INFORMATION OFFICE.
1.10 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
1.11under the supervision of the
1.12officer, who is appointed by the chief information officer.
1.13 Subd. 2. Responsibilities; authority. The office has authority to provide
1.14coordination, guidance, and leadership, and to plan the implementation of Minnesota's
1.15geospatial information technology. The office must identify, coordinate, and guide
1.16strategic investments in geospatial information technology systems, data, and services to
1.17ensure effective implementation and use of Geospatial Information Systems (GIS) by state
1.18agencies to maximize benefits for state government as an enterprise.
1.19 Subd. 3. Duties. The office must:
1.20(1) coordinate and guide the efficient and effective use of available federal,
1.21state, local, and public-private resources to develop statewide geospatial information
1.22technology, data, and services;
1.23(2) provide leadership and outreach, and ensure cooperation and coordination for all
1.24Geospatial Information Systems (GIS) functions in state and local government, including
1.25coordination between state agencies, intergovernment coordination between state and local
2.1units of government, and extragovernment coordination, which includes coordination with
2.2academic and other private and nonprofit sector GIS stakeholders;
2.3(3) review state agency and intergovernment geospatial technology, data, and
2.4services development efforts involving state or intergovernment funding, including federal
2.5funding;
2.6(4) provide information to the legislature regarding projects reviewed, and
2.7recommend projects for inclusion in the governor's budget under section
2.8(5) coordinate management of geospatial technology, data, and services between
2.9state and local governments;
2.10(6) provide coordination, leadership, and consultation to integrate government
2.11technology services with GIS infrastructure and GIS programs;
2.12(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
2.13services and systems, including services provided by other public and private organizations
2.14while building on existing governmental infrastructures;
2.15(8) promote and coordinate consolidated geospatial technology, data, and services
2.16and shared geospatial Web services for state and local governments; and
2.17(9) promote and coordinate geospatial technology training, technical guidance, and
2.18project support for state and local governments.
2.19 Subd. 4. Duties of chief
2.20state geospatial advisory council, the commissioner of administration, the commissioner
2.21of management and budget, and the
2.22chief
2.23develop and use shared information and geospatial technology systems, data, and services.
2.24The chief
2.25and geospatial technology systems, data, and services.
2.26(b) The chief
2.27geospatial advisory council, must establish reimbursement rates in cooperation with the
2.28commissioner of management and budget to bill agencies and other governmental entities
2.29sufficient to cover the actual development, operation, maintenance, and administrative
2.30costs of the shared systems. The methodology for billing may include the use of
2.31interagency agreements, or other means as allowed by law.
2.32 Subd. 5. Fees. (a) The chief
2.33section
2.34services to clients. Fees collected must be deposited in the state treasury and credited to
2.35the Minnesota Geospatial Information Office revolving account. Money in the account
2.36is appropriated to the chief
3.1Information Systems (GIS) consulting services, software, data, Web services, and map
3.2products on a cost-recovery basis, including the cost of services, supplies, material, labor,
3.3and equipment as well as the portion of the general support costs and statewide indirect
3.4costs of the office that is attributable to the delivery of these products and services. Money
3.5in the account must not be used for the general operation of the Minnesota Geospatial
3.6Information Office.
3.7(b) The chief
3.8advance payment to the revolving account sufficient to cover the agency's estimated
3.9obligation for a period of 60 days or more. If the revolving account is abolished or
3.10liquidated, the total net profit from the operation of the account must be distributed to the
3.11various funds from which purchases were made. For a given period of time, the amount of
3.12total net profit to be distributed to each fund must reflect the same ratio of total purchases
3.13attributable to each fund divided by the total purchases from all funds.
3.14 Subd. 6. Accountability. The chief geospatial information officer is appointed by
3.15the
3.16information officer who shall advise on technology projects, standards, and services.
3.17 Subd. 7. Discretionary powers. The office may:
3.18(1) enter into contracts for goods or services with public or private organizations
3.19and charge fees for services it provides;
3.20(2) apply for, receive, and expend money from public agencies;
3.21(3) apply for, accept, and disburse grants and other aids from the federal government
3.22and other public or private sources;
3.23(4) enter into contracts with agencies of the federal government, local government
3.24units, the University of Minnesota and other educational institutions, and private persons
3.25and other nongovernment organizations as necessary to perform its statutory duties;
3.26(5) appoint committees and task forces to assist the office in carrying out its duties;
3.27(6) sponsor and conduct conferences and studies, collect and disseminate
3.28information, and issue reports relating to geospatial information and technology issues;
3.29(7) participate in the activities and conferences related to geospatial information
3.30and communications technology issues;
3.31(8) review the Geospatial Information Systems (GIS) technology infrastructure
3.32of regions of the state and cooperate with and make recommendations to the governor,
3.33legislature, state agencies, local governments, local technology development agencies,
3.34the federal government, private businesses, and individuals for the realization of GIS
3.35information and technology infrastructure development potential;
4.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
4.2technology, data, and services projects; and
4.3(10) review and recommend alternative sourcing strategies for state geospatial
4.4information systems technology, data, and services.
4.5 Subd. 8. Geospatial advisory councils created. The chief
4.6officer must establish a governance structure that includes advisory councils to provide
4.7recommendations for improving the operations and management of geospatial technology
4.8within state government and also on issues of importance to users of geospatial technology
4.9throughout the state.
4.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
4.11Information Office regarding the improvement of services statewide through the
4.12coordinated, affordable, reliable, and effective use of geospatial technology. The
4.13
4.14council. The members must represent a cross-section of organizations including counties,
4.15cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
4.16No more than 20 percent of the members may be employees of a state agency. In addition,
4.17the chief geospatial information officer must be a nonvoting member.
4.18(b) A state government geospatial advisory council must advise the Minnesota
4.19Geospatial Information Office on issues concerning improving state government services
4.20through the coordinated, affordable, reliable, and effective use of geospatial technology.
4.21The
4.22of the council. The members must represent up to 15 state government agencies and
4.23constitutional offices, including the Office of Enterprise Technology and the Minnesota
4.24Geospatial Information Office. The council must be chaired by the chief geographic
4.25information officer. A representative of the statewide geospatial advisory council must
4.26serve as a nonvoting member.
4.27(c) Members of both the statewide geospatial advisory council and the state
4.28government advisory council must be recommended by a process that ensures that each
4.29member is designated to represent a clearly identified agency or interested party category
4.30and that complies with the state's open appointment process. Members shall serve a
4.31term of two years.
4.32(d) The Minnesota Geospatial Information Office must provide administrative
4.33support for both geospatial advisory councils.
4.34(e) This subdivision expires June 30, 2011.
4.35
4.36
5.1
5.2
5.3
5.4
5.5 Sec. 2. [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
5.6SERVICES AND EQUIPMENT.
5.7(a) The chief information officer is responsible for providing or entering into
5.8managed services contracts for the provision of the following information technology
5.9systems and services to state agencies:
5.10(1) state data centers;
5.11(2) mainframes including system software;
5.12(3) servers including system software;
5.13(4) desktops including system software;
5.14(5) laptop computers including system software;
5.15(6) a data network including system software;
5.16(7) database, electronic mail, office systems, reporting, and other standard software
5.17tools;
5.18(8) business application software and related technical support services;
5.19(9) help desk for the components listed in clauses (1) to (8);
5.20(10) maintenance, problem resolution, and break-fix for the components listed in
5.21clauses (1) to (8);
5.22(11) regular upgrades and replacement for the components listed in clauses (1)
5.23to (8); and
5.24(12) network-connected output devices.
5.25(b) All state agency employees whose work primarily involves functions specified
5.26in paragraph (a) are employees of the Office of Enterprise Technology. This includes
5.27employees who directly perform the functions in paragraph (a), as well as employees
5.28whose work primarily involves managing, supervising, or providing administrative
5.29services or support services to employees who directly perform these functions. The
5.30chief information officer may assign employees of the office to perform work exclusively
5.31for another state agency.
5.32(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow
5.33a state agency to obtain services specified in paragraph (a) through a contract with an
5.34outside vendor when the chief information officer and the agency head agree that a
5.35contract would provide best value, as defined in section 16C.02, under the service-level
6.1agreement. The chief information officer must require that agency contracts with outside
6.2vendors ensure that systems and services are compatible with standards established by the
6.3Office of Enterprise Technology.
6.4(d) In exercising authority under this section, the chief information officer
6.5must cooperate with the commissioner of administration on contracts for acquisition
6.6of information technology systems and services. The authority granted to the chief
6.7information officer does not limit the procurement, contract management, and contract
6.8review authority of the commissioner of administration under chapter 16C, including
6.9authority of the commissioner to enter into and manage cooperative purchasing
6.10agreements with other states.
6.11(e) The Minnesota State Retirement System, the Public Employees Retirement
6.12Association, the Teachers Retirement Association, the State Board of Investment, the
6.13Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide
6.14Radio Board are not state agencies for purposes of this section.
6.15 Sec. 3. [16E.036] ADVISORY COMMITTEE.
6.16(a) The Technology Advisory Committee is created to advise the chief information
6.17officer. The committee consists of six members appointed by the governor who are
6.18individuals actively involved in business planning for state executive branch agencies,
6.19one county member designated by the Association of Minnesota Counties, one member
6.20appointed by the governor as a representative of a union that represents state information
6.21technology employees, and one member appointed by the governor to represent private
6.22businesses.
6.23(b) Membership terms, removal of members, and filling of vacancies are as provided
6.24in section 15.059. Members do not receive compensation or reimbursement for expenses.
6.25(c) The committee shall select a chair from its members. The chief information
6.26officer shall provide administrative support to the committee.
6.27(d) The committee shall advise the chief information officer on:
6.28(1) development and implementation of the state information technology strategic
6.29plan;
6.30(2) critical information technology initiatives for the state;
6.31(3) standards for state information architecture;
6.32(4) identification of business and technical needs of state agencies;
6.33(5) strategic information technology portfolio management, project prioritization,
6.34and investment decisions;
7.1(6) the office's performance measures and fees for service agreements with executive
7.2branch agencies;
7.3(7) management of the state enterprise technology revolving fund; and
7.4(8) the efficient and effective operation of the office.
7.5 Sec. 4. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
7.6to read:
7.7 Subd. 6. Technology improvement account. The technology improvement account
7.8is established as an account in the enterprise technology fund. Money in the account is
7.9appropriated to the chief information officer for the purpose of funding a project that will
7.10result in improvements in state information and telecommunications technology. The
7.11chief information officer may spend money from the account on behalf of a state agency
7.12or group of agencies or may transfer money in the account to a state agency or group of
7.13agencies only according to an agreement under which: (1) the chief information officer
7.14has determined that savings generated by the project to be funded from the account will
7.15exceed the cost of the project; and (2) the agency or agencies sponsoring the project have
7.16developed a plan for recouping the project costs to the fund.
7.17 Sec. 5. [16E.145] INFORMATION TECHNOLOGY APPROPRIATION.
7.18An appropriation for a state agency information and telecommunications technology
7.19project must be made to the chief information officer. The chief information officer must
7.20manage and disburse the appropriation on behalf of the sponsoring state agency. Any
7.21appropriation for an information and telecommunications technology project made to a
7.22state agency other than the Office of Enterprise Technology is transferred to the chief
7.23information officer.
7.24EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
7.25appropriations made before or after that date. The remainder of any appropriation subject
7.26to this section made before July 1, 2011, is transferred to the chief information officer on
7.27July 1, 2011. Ten percent of the unspent and unencumbered appropriations made before
7.28June 30, 2011, that would not otherwise cancel on June 30, 2011, that are transferred to
7.29the chief information officer, may be used for expenses relating to the transfer of functions
7.30under sections 1 to 8.
7.31 Sec. 6. TRANSFERS; TRANSITION.
7.32(a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
7.33relating to functions assigned to the chief information officer in Minnesota Statutes,
8.1section 16E.0151, are transferred to the Office of Enterprise Technology from all other
8.2state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
8.3(e), effective July 1, 2011. All reporting relationships associated with the transferred
8.4powers, duties, responsibilities, assets, personnel, and unexpended appropriations are also
8.5transferred to the Office of Enterprise Technology on July 1, 2011. By January 15, 2012,
8.6the chief information officer shall submit to the legislature any statutory changes needed
8.7to complete implementation of the transfer in this section.
8.8(b) Prior to the transfer mandated by paragraph (a), the chief information officer
8.9must enter into a service-level agreement with each state agency governing the provision
8.10of information technology systems and services in section 2. The agreements must specify
8.11the services to be provided and the charges for these services. As specified in section
8.122, an agency may choose to obtain these services from an outside vendor, rather than
8.13from the Office of Enterprise Technology. Authority to enter into agreements under this
8.14paragraph is effective the day following final enactment, with the resulting agreements
8.15effective July 1, 2011.
8.16(c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
8.17relating to geospatial information systems are transferred from the commissioner of
8.18administration to the Office of Enterprise Technology.
8.19(d) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
8.20branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
8.21to implement this section.
8.22(e) The transfer of authority to the Office of Enterprise Technology in this article
8.23does not require expansion or consolidation of office space, data centers, help desks,
8.24or other systems. The chief information officer may implement expansion, relocation,
8.25or consolidation to the extent feasible and desirable with existing resources, or to the
8.26extent that savings resulting from the expansions or consolidations will pay for the costs
8.27associated with these activities during the biennium ending June 30, 2013.
8.28(f) Expenses relating to transfer of functions and other implementation of sections 1
8.29to 8 must be paid from the enterprise technology revolving fund.
8.30(g) The chief information officer must reduce the number of agency chief
8.31information officer positions to 15 by December 31, 2011. The chief information officer,
8.32in consultation with the commissioner of management and budget, must determine the
8.33general fund savings resulting from elimination of each chief information officer position,
8.34and the amount determined is transferred from the general fund appropriation to the
8.35agency to the enterprise technology revolving fund.
9.1 Sec. 7. STUDY.
9.2The chief information officer in the Office of Enterprise Technology shall report
9.3to the chairs and ranking minority members of the house of representatives and senate
9.4committees with jurisdiction over state government finance by January 15, 2012, on
9.5the feasibility and desirability of the office entering into service-level agreements with
9.6the State Lottery and the Statewide Radio Board regarding provision of information
9.7technology systems and services to those entities.
9.8 Sec. 8. REVISOR'S INSTRUCTION.
9.9The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
9.10Minnesota Statutes, chapter 16E.
9.11 Sec. 9. EFFECTIVE DATE.
9.12Sections 1 to 8 are effective July 1, 2011. However, the chief information officer
9.13may phase in the transfer of functions required by sections 1 to 8 between July 1, 2011,
9.14and July 1, 2012.
