Bill Text: MN SF130 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Redundant Technology Elimination Act
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-03-16 - Chief author added Bonoff [SF130 Detail]
Download: Minnesota-2011-SF130-Introduced.html
1.2relating to state government; proposing the Redundant Technology Elimination
1.3Act; consolidating state agency information technology systems and services;
1.4transferring duties to the Office of Enterprise Technology; appropriating money;
1.5amending Minnesota Statutes 2010, sections 16B.99; 16E.14, by adding a
1.6subdivision; 403.36, subdivisions 1, 1e, 1g; proposing coding for new law in
1.7Minnesota Statutes, chapter 16E; repealing Minnesota Statutes 2010, section
1.816B.99, subdivision 9.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. CITATION.
1.13This act may be known as the "Redundant Technology Elimination Act."
1.16 Section 1. [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
1.17SERVICES AND EQUIPMENT.
1.18(a) The chief information officer is responsible for providing or entering into
1.19managed services contracts for the provision of the following information technology
1.20systems and services to state agencies:
1.21(1) state data centers;
1.22(2) mainframes including system software;
1.23(3) servers including system software;
1.24(4) desktops including system software;
2.1(5) laptop computers including system software;
2.2(6) a data network including system software;
2.3(7) database, e-mail, office systems, reporting, and other standard software tools;
2.4(8) help desk for the components listed in clauses (1) to (7);
2.5(9) maintenance, problem resolution, and break-fix for the components listed in
2.6clauses (1) to (7); and
2.7(10) regular upgrades and replacement for the components listed in clauses (1) to (7).
2.8(b) All state agency employees whose work primarily involves functions specified in
2.9paragraph (a) are employees of the Office of Enterprise Technology. The chief information
2.10officer may assign employees of the office to perform work exclusively for another
2.11executive agency.
2.12(c) The chief information officer must allow a state agency to obtain services
2.13specified in paragraph (a) from the Office of Enterprise Technology or through a contract
2.14with an outside vendor when the value of an outside vendor contract can be demonstrated
2.15by the state agency. The chief information officer must require that agency contracts
2.16with outside vendors ensure that systems and services are compatible with standards
2.17established by the Office of Enterprise Technology.
2.18 Sec. 2. [16E.036] ADVISORY COMMITTEE.
2.19(a) The Technology Advisory Committee is created to advise the chief information
2.20officer. The committee consists of:
2.21(1) three members appointed by the governor who are individuals actively involved
2.22in business planning for state agencies;
2.23(2) one member appointed by the governor who is an individual actively involved in
2.24business planning for higher education;
2.25(3) one member appointed by the chair of the Legislative Coordinating Commission
2.26to represent the legislative branch;
2.27(4) one member appointed by the chief justice of the Supreme Court to represent
2.28the judicial branch; and
2.29(5) one member appointed by the governor to represent private businesses.
2.30(b) Membership terms, removal of members, and filling of vacancies are as provided
2.31in section 15.059. Members do not receive compensation or reimbursement for expenses.
2.32(c) The committee shall select a chair from its members. The chief information
2.33officer shall provide administrative support to the committee.
2.34(d) The committee shall advise the chief information officer on:
3.1(1) development and implementation of the state information technology strategic
3.2plan;
3.3(2) critical information technology initiatives for the state;
3.4(3) standards for state information architecture;
3.5(4) identification of business and technical needs of state agencies;
3.6(5) the office's performance measures and fees for service agreements with executive
3.7branch agencies;
3.8(6) management of the state enterprise technology revolving fund; and
3.9(7) the efficient and effective operation of the office.
3.10(e) The committee expires June 30, 2013.
3.11 Sec. 3. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
3.12to read:
3.13 Subd. 6. Technology improvement account. The technology improvement account
3.14is established as an account in the enterprise technology fund. Money in the account is
3.15appropriated to the chief information officer for the purpose of funding a project that will
3.16result in improvements in state information and telecommunications technology. The
3.17chief information officer may spend money from the account on behalf of a state agency
3.18or group of agencies or may transfer money in the account to a state agency or group of
3.19agencies only according to an agreement under which: (1) the chief information officer
3.20has determined that savings generated by the project to be funded from the account will,
3.21within seven years of completion of the project, exceed the cost of the project; and (2) the
3.22agency or agencies sponsoring the project have agreed to repay the project savings to the
3.23account within seven years, in an amount at least equal to the cost of the project.
3.24 Sec. 4. ENTERPRISE TECHNOLOGY REVOLVING FUND;
3.25APPROPRIATIONS.
3.26(a) $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal
3.27year ending June 30, 2013, are appropriated from the general fund to the technology
3.28improvement account in the enterprise technology revolving fund for consolidation of
3.29state agency information technology systems and services specified in Minnesota Statutes,
3.30section 16E.0151.
3.31(b) The chief information officer must utilize the savings allocated to the technology
3.32improvement account under this section for purposes of improving the effectiveness and
3.33value of the information technology systems and services specified in Minnesota Statutes,
3.34section 16E.0151, or other application software or business systems in the state agencies.
4.1(c) Through the fiscal year ending June 30, 2015, savings generated in the provision
4.2of the information technology systems and services in Minnesota Statutes, section
4.316E.0151, as compared to the base year of fiscal year ending June 30, 2011, shall be
4.4allocated as follows:
4.5(1) 50 percent to the state agencies divided proportionally among the agencies
4.6based on their respective Office of Enterprise Technology chargeback, 25 percent to the
4.7technology improvement account, and 25 percent to state agency and Office of Enterprise
4.8Technology employees in proportion to their contribution to the consolidation effort based
4.9on a formula developed by the chief information officer in consultation with the relevant
4.10exclusive representatives of state employees;
4.11(2) total savings allocated to the technology improvement account under this
4.12section shall not exceed $30,000,000. After savings of $30,000,000 has been allocated
4.13to the enterprise technology revolving fund, all subsequent allocations of savings to the
4.14enterprise technology revolving fund as stipulated in clause (1) shall instead be allocated
4.15to the state agencies divided proportionally to the agencies based on their respective Office
4.16of Enterprise Technology chargeback; and
4.17(3) the service-level agreements between the agencies and the Office of Enterprise
4.18Technology relating to the provision of the information technology systems and services
4.19in Minnesota Statutes, section 16E.0151, may include financial penalties and incentives
4.20related to the allocation of savings to the Office of Enterprise Technology revolving fund
4.21in clause (1).
4.22(d) Before spending more than $....... of the appropriation in this section, the chief
4.23information officer must:
4.24(1) in consultation with appropriate representatives of affected governmental
4.25entities, analyze the desirability of creating a shared service contract for information
4.26technology systems and services with some or all of the following: the University of
4.27Minnesota, the Minnesota State Colleges and Universities, the city of Minneapolis,
4.28the city of St. Paul, Hennepin County, Ramsey County, the Metropolitan Council, and
4.29other units of local or regional government that the chief information officer believes
4.30are appropriate to this analysis;
4.31(2) complete and report to the chairs and ranking minority members of the house of
4.32representatives and senate committees with jurisdiction over state government finance a
4.33plan for transitioning to a managed services contract that would satisfy the state agency
4.34service-level agreements in section 16E.036, paragraph (b), for the provision of the
4.35information technology systems and services in Minnesota Statutes, section 16E.0151;
5.1(3) issue a request for proposals for a managed services contract or contracts for
5.2the provision of the information technology systems and services in Minnesota Statutes,
5.3section 16E.0151, for the state agencies and for groups participating in a shared service
5.4contract with the state. The request for proposals and any resulting contract or contracts
5.5must:
5.6(i) specify that the state and other public groups participating in a shared service
5.7contract retain all responsibility for information technology governance and strategy
5.8decision making;
5.9(ii) provide no reduction in service levels and data security from current levels;
5.10(iii) provide protections for the state if the state chooses an alternative provider
5.11after the project is initiated; and
5.12 (iv) allow proposal submittals for state-owned, leased, or outsourced solutions,
5.13or a combination thereof, and allow the Office of Enterprise Technology to propose its
5.14solutions approach and to compete with external service providers; and
5.15(4) report the results to the chairs and lead minority members of the house of
5.16representatives and senate committees with jurisdiction over state government finance.
5.17(e) To the extent that the chief information officer determines it would be
5.18cost-beneficial for the Office of Enterprise Technology to provide the information
5.19technology systems and services, the appropriation in this section may be spent for
5.20development of a migration and operations plan and operation costs. To the extent the
5.21chief information officer determines it would be cost-beneficial to provide information
5.22technology systems and services under a managed services contract or contracts with
5.23external service providers, the appropriation in this section may be spent for entering into
5.24contracts with external service providers for these functions.
5.25(f) This section supersedes any portion of Minnesota Statutes, section 16C.08,
5.2616C.09, 43A.047, or 179A.23, to the extent necessary to enter into a managed services
5.27contract or contracts with external service providers specified under this section, if:
5.28(1) the state retains responsibility for governance and strategy decision making;
5.29(2) state employees currently providing services that would be subject to the contract
5.30have a fair opportunity to propose their own alternative state employee solution to
5.31compete for the business;
5.32(3) the contract would result in no net loss of jobs in the state;
5.33(4) all state employees displaced as a result of the contract have an opportunity to
5.34join the firm performing work under the managed services contract, or to transfer to
5.35new positions within state government; and
6.1(5) the commissioner of management and budget determines that the aggregate
6.2value of benefits for employees providing service under the managed services contract is
6.3equal to or better than state benefits.
6.4 Sec. 5. TRANSFERS.
6.5(a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.6relating to functions assigned to the chief information officer in Minnesota Statutes,
6.7section 16E.0151, are transferred to the Office of Enterprise Technology from all other
6.8state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
6.9(e), effective July 1, 2011. By January 15, 2012, the chief information officer shall submit
6.10to the legislature any statutory changes needed to complete implementation of the transfer
6.11in this section.
6.12(b) Prior to the transfer mandated by paragraph (a), the chief information officer
6.13must enter into a service-level agreement with each state agency governing the provision
6.14of information technology systems and services in Minnesota Statutes, section 16E.0151.
6.15The agreements must specify the services to be provided and the charges for these
6.16services. As specified in section 16E.0151, an agency may choose to obtain these services
6.17from an outside vendor, rather than from the Office of Enterprise Technology.
6.18(c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.19relating to geospatial information systems are transferred from the commissioner of
6.20administration to the Office of Enterprise Technology.
6.21(d) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.22relating to the Statewide Radio Board are transferred from the commissioner of public
6.23safety to the Office of Enterprise Technology.
6.24(e) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
6.25branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
6.26to implement this section.
6.27 Sec. 6. REVISOR'S INSTRUCTION.
6.28The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
6.29Minnesota Statutes, chapter 16E.
7.3 Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
7.416B.99 GEOSPATIAL INFORMATION OFFICE.
7.5 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
7.6under the supervision of thecommissioner of administration chief geospatial information
7.7officer, who is appointed by the chief information officer.
7.8 Subd. 2. Responsibilities; authority. The office has authority to provide
7.9coordination, guidance, and leadership, and to plan the implementation of Minnesota's
7.10geospatial information technology. The office must identify, coordinate, and guide
7.11strategic investments in geospatial information technology systems, data, and services to
7.12ensure effective implementation and use of Geospatial Information Systems (GIS) by state
7.13agencies to maximize benefits for state government as an enterprise.
7.14 Subd. 3. Duties. The office must:
7.15(1) coordinate and guide the efficient and effective use of available federal,
7.16state, local, and public-private resources to develop statewide geospatial information
7.17technology, data, and services;
7.18(2) provide leadership and outreach, and ensure cooperation and coordination for all
7.19Geospatial Information Systems (GIS) functions in state and local government, including
7.20coordination between state agencies, intergovernment coordination between state and local
7.21units of government, and extragovernment coordination, which includes coordination with
7.22academic and other private and nonprofit sector GIS stakeholders;
7.23(3) review state agency and intergovernment geospatial technology, data, and
7.24services development efforts involving state or intergovernment funding, including federal
7.25funding;
7.26(4) provide information to the legislature regarding projects reviewed, and
7.27recommend projects for inclusion in the governor's budget under section16A.11 ;
7.28(5) coordinate management of geospatial technology, data, and services between
7.29state and local governments;
7.30(6) provide coordination, leadership, and consultation to integrate government
7.31technology services with GIS infrastructure and GIS programs;
7.32(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
7.33services and systems, including services provided by other public and private organizations
7.34while building on existing governmental infrastructures;
8.1(8) promote and coordinate consolidated geospatial technology, data, and services
8.2and shared geospatial Web services for state and local governments; and
8.3(9) promote and coordinate geospatial technology training, technical guidance, and
8.4project support for state and local governments.
8.5 Subd. 4. Duties of chiefgeospatial information officer. (a) In consultation with the
8.6state geospatial advisory council, the commissioner of administration, the commissioner
8.7of management and budget, and theMinnesota chief geospatial information officer, the
8.8chiefgeospatial information officer must identify when it is cost-effective for agencies to
8.9develop and use shared information and geospatial technology systems, data, and services.
8.10The chiefgeospatial information officer may require agencies to use shared information
8.11and geospatial technology systems, data, and services.
8.12(b) The chiefgeospatial information officer, in consultation with the state
8.13geospatial advisory council, must establish reimbursement rates in cooperation with the
8.14commissioner of management and budget to bill agencies and other governmental entities
8.15sufficient to cover the actual development, operation, maintenance, and administrative
8.16costs of the shared systems. The methodology for billing may include the use of
8.17interagency agreements, or other means as allowed by law.
8.18 Subd. 5. Fees. (a) The chiefgeospatial information officer must set fees under
8.19section16A.1285 that reflect the actual cost of providing information products and
8.20services to clients. Fees collected must be deposited in the state treasury and credited to
8.21the Minnesota Geospatial Information Office revolving account. Money in the account
8.22is appropriated to the chiefgeospatial information officer for providing Geospatial
8.23Information Systems (GIS) consulting services, software, data, Web services, and map
8.24products on a cost-recovery basis, including the cost of services, supplies, material, labor,
8.25and equipment as well as the portion of the general support costs and statewide indirect
8.26costs of the office that is attributable to the delivery of these products and services. Money
8.27in the account must not be used for the general operation of the Minnesota Geospatial
8.28Information Office.
8.29(b) The chiefgeospatial information officer may require a state agency to make an
8.30advance payment to the revolving account sufficient to cover the agency's estimated
8.31obligation for a period of 60 days or more. If the revolving account is abolished or
8.32liquidated, the total net profit from the operation of the account must be distributed to the
8.33various funds from which purchases were made. For a given period of time, the amount of
8.34total net profit to be distributed to each fund must reflect the same ratio of total purchases
8.35attributable to each fund divided by the total purchases from all funds.
9.1 Subd. 6. Accountability. The chief geospatial information officer is appointed by
9.2thecommissioner of administration and must work closely with the Minnesota chief
9.3information officer who shall advise on technology projects, standards, and services.
9.4 Subd. 7. Discretionary powers. The office may:
9.5(1) enter into contracts for goods or services with public or private organizations
9.6and charge fees for services it provides;
9.7(2) apply for, receive, and expend money from public agencies;
9.8(3) apply for, accept, and disburse grants and other aids from the federal government
9.9and other public or private sources;
9.10(4) enter into contracts with agencies of the federal government, local government
9.11units, the University of Minnesota and other educational institutions, and private persons
9.12and other nongovernment organizations as necessary to perform its statutory duties;
9.13(5) appoint committees and task forces to assist the office in carrying out its duties;
9.14(6) sponsor and conduct conferences and studies, collect and disseminate
9.15information, and issue reports relating to geospatial information and technology issues;
9.16(7) participate in the activities and conferences related to geospatial information
9.17and communications technology issues;
9.18(8) review the Geospatial Information Systems (GIS) technology infrastructure
9.19of regions of the state and cooperate with and make recommendations to the governor,
9.20legislature, state agencies, local governments, local technology development agencies,
9.21the federal government, private businesses, and individuals for the realization of GIS
9.22information and technology infrastructure development potential;
9.23(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
9.24technology, data, and services projects; and
9.25(10) review and recommend alternative sourcing strategies for state geospatial
9.26information systems technology, data, and services.
9.27 Subd. 8. Geospatial advisory councils created. The chiefgeospatial information
9.28officer must establish a governance structure that includes advisory councils to provide
9.29recommendations for improving the operations and management of geospatial technology
9.30within state government and also on issues of importance to users of geospatial technology
9.31throughout the state.
9.32(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
9.33Information Office regarding the improvement of services statewide through the
9.34coordinated, affordable, reliable, and effective use of geospatial technology. The
9.35commissioner of administration chief information officer must appoint the members of the
9.36council. The members must represent a cross-section of organizations including counties,
10.1cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
10.2No more than 20 percent of the members may be employees of a state agency. In addition,
10.3the chief geospatial information officer must be a nonvoting member.
10.4(b) A state government geospatial advisory council must advise the Minnesota
10.5Geospatial Information Office on issues concerning improving state government services
10.6through the coordinated, affordable, reliable, and effective use of geospatial technology.
10.7Thecommissioner of administration chief information officer must appoint the members
10.8of the council. The members must represent up to 15 state government agencies and
10.9constitutional offices, including the Office of Enterprise Technology and the Minnesota
10.10Geospatial Information Office. The council must be chaired by the chief geographic
10.11information officer. A representative of the statewide geospatial advisory council must
10.12serve as a nonvoting member.
10.13(c) Members of both the statewide geospatial advisory council and the state
10.14government advisory council must be recommended by a process that ensures that each
10.15member is designated to represent a clearly identified agency or interested party category
10.16and that complies with the state's open appointment process. Members shall serve a
10.17term of two years.
10.18(d) The Minnesota Geospatial Information Office must provide administrative
10.19support for both geospatial advisory councils.
10.20(e) This subdivision expires June 30, 2011.
10.21Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
10.22information officer must provide a report to the chairs and ranking minority members of
10.23the legislative committees with jurisdiction over the policy and budget for the office. The
10.24report must address all statutes that refer to the Minnesota Geospatial Information Office
10.25or land management information system and provide any necessary draft legislation to
10.26implement any recommendations.
10.27 Sec. 2. Minnesota Statutes 2010, section 403.36, subdivision 1, is amended to read:
10.28 Subdivision 1. Membership. (a) Thecommissioner of public safety state chief
10.29information officer in the Office of Enterprise Technology shall convene and chair the
10.30Statewide Radio Board to develop a project plan for a statewide, shared, trunked public
10.31safety radio communication system. The system may be referred to as "Allied Radio
10.32Matrix for Emergency Response," or "ARMER."
10.33(b) The board consists of the following members or their designees:
10.34(1) the commissioner of public safety;
10.35(2) the commissioner of transportation;
11.1(3) the state chief information officer;
11.2(4) the commissioner of natural resources;
11.3(5) the chief of the Minnesota State Patrol;
11.4(6) the commissioner of management and budget;
11.5(7) the chair of the Metropolitan Council;
11.6(8) two elected city officials, one from the nine-county metropolitan area and one
11.7from Greater Minnesota, appointed by the governing body of the League of Minnesota
11.8Cities;
11.9(9) two elected county officials, one from the nine-county metropolitan area and
11.10one from Greater Minnesota, appointed by the governing body of the Association of
11.11Minnesota Counties;
11.12(10) two sheriffs, one from the nine-county metropolitan area and one from Greater
11.13Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
11.14(11) two chiefs of police, one from the nine-county metropolitan area and one from
11.15Greater Minnesota, appointed by the governor after considering recommendations made
11.16by the Minnesota Chiefs' of Police Association;
11.17(12) two fire chiefs, one from the nine-county metropolitan area and one from
11.18Greater Minnesota, appointed by the governor after considering recommendations made
11.19by the Minnesota Fire Chiefs' Association;
11.20(13) two representatives of emergency medical service providers, one from the
11.21nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
11.22after considering recommendations made by the Minnesota Ambulance Association;
11.23(14) the chair of the regional radio board for the metropolitan area; and
11.24(15) a representative of Greater Minnesota elected by those units of government in
11.25phase three and any subsequent phase of development as defined in the statewide, shared
11.26radio and communication plan, who have submitted a plan to the Statewide Radio Board
11.27and where development has been initiated.
11.28(c) The Statewide Radio Board shall coordinate the appointment of board members
11.29representing Greater Minnesota with the appointing authorities and may designate the
11.30geographic region or regions from which an appointed board member is selected where
11.31necessary to provide representation from throughout the state.
11.32 Sec. 3. Minnesota Statutes 2010, section 403.36, subdivision 1e, is amended to read:
11.33 Subd. 1e. Implement plan and establish statewide system. The Statewide Radio
11.34Board has overall responsibility for the statewide, shared radio and communication system
11.35project plan. Thecommissioner of public safety state chief information officer in the Office
12.1of Enterprise Technology shall implement the plan adopted by the Statewide Radio Board.
12.2Thecommissioner of public safety state chief information officer shall contract with the
12.3commissioner of transportation to construct, own, operate, maintain, and enhance the
12.4elements of the backbone system defined in the plan. The commissioner of transportation,
12.5under appropriate state law, shall contract for, or procure by purchase or lease (including
12.6joint purchase and lease agreements), construction, installation of materials, supplies and
12.7equipment, and other services as may be needed to build, operate, and maintain the system
12.8backbone. The Department of Transportation shall own, operate, and maintain those
12.9elements identified in the project plan as the system backbone, including, but not limited
12.10to, radio towers and associated structures and equipment related to the system backbone.
12.11 Sec. 4. Minnesota Statutes 2010, section 403.36, subdivision 1g, is amended to read:
12.12 Subd. 1g. State Interoperability Executive Committee. (a) In addition to
12.13responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
12.14Minnesota's State Interoperability Executive Committee.
12.15(b) As Minnesota's State Interoperability Executive Committee, the Statewide
12.16Radio Board shall:
12.17(1) develop and maintain a statewide plan for local and private public safety
12.18communications interoperability that integrates with the Minnesota emergency operation
12.19plan;
12.20(2) develop and adopt guidelines and operational standards for local and private
12.21public safety communications interoperability within Minnesota;
12.22(3) promote coordination and cooperation among local, state, federal, and
12.23tribal public safety agencies in addressing statewide public safety communications
12.24interoperability within Minnesota;
12.25(4) advise the commissioner of the Department of Public Safety and the state chief
12.26information officer on public safety communications interoperability and on the allocation
12.27and use of funds made available to Minnesota to support public safety communications
12.28interoperability;
12.29(5) to the extent permitted by federal law, Federal Communications Commission
12.30regulations, and the National Telecommunications and Information Administration,
12.31develop guidelines and standards for the efficient use of interoperability frequencies on all
12.32frequency spectrums assigned to public safety users; and
12.33(6) to the extent permitted by federal law and treaties with Canada, develop
12.34guidelines and standards that support interoperability with adjoining states and provinces
12.35of Canada along Minnesota's northern border.
13.1 Sec. 5. REPEALER.
13.2Minnesota Statutes 2010, section 16B.99, subdivision 9, is repealed.
1.3Act; consolidating state agency information technology systems and services;
1.4transferring duties to the Office of Enterprise Technology; appropriating money;
1.5amending Minnesota Statutes 2010, sections 16B.99; 16E.14, by adding a
1.6subdivision; 403.36, subdivisions 1, 1e, 1g; proposing coding for new law in
1.7Minnesota Statutes, chapter 16E; repealing Minnesota Statutes 2010, section
1.816B.99, subdivision 9.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. CITATION.
1.13This act may be known as the "Redundant Technology Elimination Act."
1.16 Section 1. [16E.0151] RESPONSIBILITY FOR INFORMATION TECHNOLOGY
1.17SERVICES AND EQUIPMENT.
1.18(a) The chief information officer is responsible for providing or entering into
1.19managed services contracts for the provision of the following information technology
1.20systems and services to state agencies:
1.21(1) state data centers;
1.22(2) mainframes including system software;
1.23(3) servers including system software;
1.24(4) desktops including system software;
2.1(5) laptop computers including system software;
2.2(6) a data network including system software;
2.3(7) database, e-mail, office systems, reporting, and other standard software tools;
2.4(8) help desk for the components listed in clauses (1) to (7);
2.5(9) maintenance, problem resolution, and break-fix for the components listed in
2.6clauses (1) to (7); and
2.7(10) regular upgrades and replacement for the components listed in clauses (1) to (7).
2.8(b) All state agency employees whose work primarily involves functions specified in
2.9paragraph (a) are employees of the Office of Enterprise Technology. The chief information
2.10officer may assign employees of the office to perform work exclusively for another
2.11executive agency.
2.12(c) The chief information officer must allow a state agency to obtain services
2.13specified in paragraph (a) from the Office of Enterprise Technology or through a contract
2.14with an outside vendor when the value of an outside vendor contract can be demonstrated
2.15by the state agency. The chief information officer must require that agency contracts
2.16with outside vendors ensure that systems and services are compatible with standards
2.17established by the Office of Enterprise Technology.
2.18 Sec. 2. [16E.036] ADVISORY COMMITTEE.
2.19(a) The Technology Advisory Committee is created to advise the chief information
2.20officer. The committee consists of:
2.21(1) three members appointed by the governor who are individuals actively involved
2.22in business planning for state agencies;
2.23(2) one member appointed by the governor who is an individual actively involved in
2.24business planning for higher education;
2.25(3) one member appointed by the chair of the Legislative Coordinating Commission
2.26to represent the legislative branch;
2.27(4) one member appointed by the chief justice of the Supreme Court to represent
2.28the judicial branch; and
2.29(5) one member appointed by the governor to represent private businesses.
2.30(b) Membership terms, removal of members, and filling of vacancies are as provided
2.31in section 15.059. Members do not receive compensation or reimbursement for expenses.
2.32(c) The committee shall select a chair from its members. The chief information
2.33officer shall provide administrative support to the committee.
2.34(d) The committee shall advise the chief information officer on:
3.1(1) development and implementation of the state information technology strategic
3.2plan;
3.3(2) critical information technology initiatives for the state;
3.4(3) standards for state information architecture;
3.5(4) identification of business and technical needs of state agencies;
3.6(5) the office's performance measures and fees for service agreements with executive
3.7branch agencies;
3.8(6) management of the state enterprise technology revolving fund; and
3.9(7) the efficient and effective operation of the office.
3.10(e) The committee expires June 30, 2013.
3.11 Sec. 3. Minnesota Statutes 2010, section 16E.14, is amended by adding a subdivision
3.12to read:
3.13 Subd. 6. Technology improvement account. The technology improvement account
3.14is established as an account in the enterprise technology fund. Money in the account is
3.15appropriated to the chief information officer for the purpose of funding a project that will
3.16result in improvements in state information and telecommunications technology. The
3.17chief information officer may spend money from the account on behalf of a state agency
3.18or group of agencies or may transfer money in the account to a state agency or group of
3.19agencies only according to an agreement under which: (1) the chief information officer
3.20has determined that savings generated by the project to be funded from the account will,
3.21within seven years of completion of the project, exceed the cost of the project; and (2) the
3.22agency or agencies sponsoring the project have agreed to repay the project savings to the
3.23account within seven years, in an amount at least equal to the cost of the project.
3.24 Sec. 4. ENTERPRISE TECHNOLOGY REVOLVING FUND;
3.25APPROPRIATIONS.
3.26(a) $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal
3.27year ending June 30, 2013, are appropriated from the general fund to the technology
3.28improvement account in the enterprise technology revolving fund for consolidation of
3.29state agency information technology systems and services specified in Minnesota Statutes,
3.30section 16E.0151.
3.31(b) The chief information officer must utilize the savings allocated to the technology
3.32improvement account under this section for purposes of improving the effectiveness and
3.33value of the information technology systems and services specified in Minnesota Statutes,
3.34section 16E.0151, or other application software or business systems in the state agencies.
4.1(c) Through the fiscal year ending June 30, 2015, savings generated in the provision
4.2of the information technology systems and services in Minnesota Statutes, section
4.316E.0151, as compared to the base year of fiscal year ending June 30, 2011, shall be
4.4allocated as follows:
4.5(1) 50 percent to the state agencies divided proportionally among the agencies
4.6based on their respective Office of Enterprise Technology chargeback, 25 percent to the
4.7technology improvement account, and 25 percent to state agency and Office of Enterprise
4.8Technology employees in proportion to their contribution to the consolidation effort based
4.9on a formula developed by the chief information officer in consultation with the relevant
4.10exclusive representatives of state employees;
4.11(2) total savings allocated to the technology improvement account under this
4.12section shall not exceed $30,000,000. After savings of $30,000,000 has been allocated
4.13to the enterprise technology revolving fund, all subsequent allocations of savings to the
4.14enterprise technology revolving fund as stipulated in clause (1) shall instead be allocated
4.15to the state agencies divided proportionally to the agencies based on their respective Office
4.16of Enterprise Technology chargeback; and
4.17(3) the service-level agreements between the agencies and the Office of Enterprise
4.18Technology relating to the provision of the information technology systems and services
4.19in Minnesota Statutes, section 16E.0151, may include financial penalties and incentives
4.20related to the allocation of savings to the Office of Enterprise Technology revolving fund
4.21in clause (1).
4.22(d) Before spending more than $....... of the appropriation in this section, the chief
4.23information officer must:
4.24(1) in consultation with appropriate representatives of affected governmental
4.25entities, analyze the desirability of creating a shared service contract for information
4.26technology systems and services with some or all of the following: the University of
4.27Minnesota, the Minnesota State Colleges and Universities, the city of Minneapolis,
4.28the city of St. Paul, Hennepin County, Ramsey County, the Metropolitan Council, and
4.29other units of local or regional government that the chief information officer believes
4.30are appropriate to this analysis;
4.31(2) complete and report to the chairs and ranking minority members of the house of
4.32representatives and senate committees with jurisdiction over state government finance a
4.33plan for transitioning to a managed services contract that would satisfy the state agency
4.34service-level agreements in section 16E.036, paragraph (b), for the provision of the
4.35information technology systems and services in Minnesota Statutes, section 16E.0151;
5.1(3) issue a request for proposals for a managed services contract or contracts for
5.2the provision of the information technology systems and services in Minnesota Statutes,
5.3section 16E.0151, for the state agencies and for groups participating in a shared service
5.4contract with the state. The request for proposals and any resulting contract or contracts
5.5must:
5.6(i) specify that the state and other public groups participating in a shared service
5.7contract retain all responsibility for information technology governance and strategy
5.8decision making;
5.9(ii) provide no reduction in service levels and data security from current levels;
5.10(iii) provide protections for the state if the state chooses an alternative provider
5.11after the project is initiated; and
5.12 (iv) allow proposal submittals for state-owned, leased, or outsourced solutions,
5.13or a combination thereof, and allow the Office of Enterprise Technology to propose its
5.14solutions approach and to compete with external service providers; and
5.15(4) report the results to the chairs and lead minority members of the house of
5.16representatives and senate committees with jurisdiction over state government finance.
5.17(e) To the extent that the chief information officer determines it would be
5.18cost-beneficial for the Office of Enterprise Technology to provide the information
5.19technology systems and services, the appropriation in this section may be spent for
5.20development of a migration and operations plan and operation costs. To the extent the
5.21chief information officer determines it would be cost-beneficial to provide information
5.22technology systems and services under a managed services contract or contracts with
5.23external service providers, the appropriation in this section may be spent for entering into
5.24contracts with external service providers for these functions.
5.25(f) This section supersedes any portion of Minnesota Statutes, section 16C.08,
5.2616C.09, 43A.047, or 179A.23, to the extent necessary to enter into a managed services
5.27contract or contracts with external service providers specified under this section, if:
5.28(1) the state retains responsibility for governance and strategy decision making;
5.29(2) state employees currently providing services that would be subject to the contract
5.30have a fair opportunity to propose their own alternative state employee solution to
5.31compete for the business;
5.32(3) the contract would result in no net loss of jobs in the state;
5.33(4) all state employees displaced as a result of the contract have an opportunity to
5.34join the firm performing work under the managed services contract, or to transfer to
5.35new positions within state government; and
6.1(5) the commissioner of management and budget determines that the aggregate
6.2value of benefits for employees providing service under the managed services contract is
6.3equal to or better than state benefits.
6.4 Sec. 5. TRANSFERS.
6.5(a) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.6relating to functions assigned to the chief information officer in Minnesota Statutes,
6.7section 16E.0151, are transferred to the Office of Enterprise Technology from all other
6.8state agencies, as defined in Minnesota Statutes, section 16E.03, subdivision 1, paragraph
6.9(e), effective July 1, 2011. By January 15, 2012, the chief information officer shall submit
6.10to the legislature any statutory changes needed to complete implementation of the transfer
6.11in this section.
6.12(b) Prior to the transfer mandated by paragraph (a), the chief information officer
6.13must enter into a service-level agreement with each state agency governing the provision
6.14of information technology systems and services in Minnesota Statutes, section 16E.0151.
6.15The agreements must specify the services to be provided and the charges for these
6.16services. As specified in section 16E.0151, an agency may choose to obtain these services
6.17from an outside vendor, rather than from the Office of Enterprise Technology.
6.18(c) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.19relating to geospatial information systems are transferred from the commissioner of
6.20administration to the Office of Enterprise Technology.
6.21(d) Powers, duties, responsibilities, assets, personnel, and unexpended appropriations
6.22relating to the Statewide Radio Board are transferred from the commissioner of public
6.23safety to the Office of Enterprise Technology.
6.24(e) Minnesota Statutes, section 15.039, applies to transfers in this section. Executive
6.25branch officials may use authority under Minnesota Statutes, section 16B.37, as necessary
6.26to implement this section.
6.27 Sec. 6. REVISOR'S INSTRUCTION.
6.28The revisor of statutes shall recodify Minnesota Statutes, section 16B.99, into
6.29Minnesota Statutes, chapter 16E.
7.3 Section 1. Minnesota Statutes 2010, section 16B.99, is amended to read:
7.416B.99 GEOSPATIAL INFORMATION OFFICE.
7.5 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
7.6under the supervision of the
7.7officer, who is appointed by the chief information officer.
7.8 Subd. 2. Responsibilities; authority. The office has authority to provide
7.9coordination, guidance, and leadership, and to plan the implementation of Minnesota's
7.10geospatial information technology. The office must identify, coordinate, and guide
7.11strategic investments in geospatial information technology systems, data, and services to
7.12ensure effective implementation and use of Geospatial Information Systems (GIS) by state
7.13agencies to maximize benefits for state government as an enterprise.
7.14 Subd. 3. Duties. The office must:
7.15(1) coordinate and guide the efficient and effective use of available federal,
7.16state, local, and public-private resources to develop statewide geospatial information
7.17technology, data, and services;
7.18(2) provide leadership and outreach, and ensure cooperation and coordination for all
7.19Geospatial Information Systems (GIS) functions in state and local government, including
7.20coordination between state agencies, intergovernment coordination between state and local
7.21units of government, and extragovernment coordination, which includes coordination with
7.22academic and other private and nonprofit sector GIS stakeholders;
7.23(3) review state agency and intergovernment geospatial technology, data, and
7.24services development efforts involving state or intergovernment funding, including federal
7.25funding;
7.26(4) provide information to the legislature regarding projects reviewed, and
7.27recommend projects for inclusion in the governor's budget under section
7.28(5) coordinate management of geospatial technology, data, and services between
7.29state and local governments;
7.30(6) provide coordination, leadership, and consultation to integrate government
7.31technology services with GIS infrastructure and GIS programs;
7.32(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
7.33services and systems, including services provided by other public and private organizations
7.34while building on existing governmental infrastructures;
8.1(8) promote and coordinate consolidated geospatial technology, data, and services
8.2and shared geospatial Web services for state and local governments; and
8.3(9) promote and coordinate geospatial technology training, technical guidance, and
8.4project support for state and local governments.
8.5 Subd. 4. Duties of chief
8.6state geospatial advisory council, the commissioner of administration, the commissioner
8.7of management and budget, and the
8.8chief
8.9develop and use shared information and geospatial technology systems, data, and services.
8.10The chief
8.11and geospatial technology systems, data, and services.
8.12(b) The chief
8.13geospatial advisory council, must establish reimbursement rates in cooperation with the
8.14commissioner of management and budget to bill agencies and other governmental entities
8.15sufficient to cover the actual development, operation, maintenance, and administrative
8.16costs of the shared systems. The methodology for billing may include the use of
8.17interagency agreements, or other means as allowed by law.
8.18 Subd. 5. Fees. (a) The chief
8.19section
8.20services to clients. Fees collected must be deposited in the state treasury and credited to
8.21the Minnesota Geospatial Information Office revolving account. Money in the account
8.22is appropriated to the chief
8.23Information Systems (GIS) consulting services, software, data, Web services, and map
8.24products on a cost-recovery basis, including the cost of services, supplies, material, labor,
8.25and equipment as well as the portion of the general support costs and statewide indirect
8.26costs of the office that is attributable to the delivery of these products and services. Money
8.27in the account must not be used for the general operation of the Minnesota Geospatial
8.28Information Office.
8.29(b) The chief
8.30advance payment to the revolving account sufficient to cover the agency's estimated
8.31obligation for a period of 60 days or more. If the revolving account is abolished or
8.32liquidated, the total net profit from the operation of the account must be distributed to the
8.33various funds from which purchases were made. For a given period of time, the amount of
8.34total net profit to be distributed to each fund must reflect the same ratio of total purchases
8.35attributable to each fund divided by the total purchases from all funds.
9.1 Subd. 6. Accountability. The chief geospatial information officer is appointed by
9.2the
9.3information officer who shall advise on technology projects, standards, and services.
9.4 Subd. 7. Discretionary powers. The office may:
9.5(1) enter into contracts for goods or services with public or private organizations
9.6and charge fees for services it provides;
9.7(2) apply for, receive, and expend money from public agencies;
9.8(3) apply for, accept, and disburse grants and other aids from the federal government
9.9and other public or private sources;
9.10(4) enter into contracts with agencies of the federal government, local government
9.11units, the University of Minnesota and other educational institutions, and private persons
9.12and other nongovernment organizations as necessary to perform its statutory duties;
9.13(5) appoint committees and task forces to assist the office in carrying out its duties;
9.14(6) sponsor and conduct conferences and studies, collect and disseminate
9.15information, and issue reports relating to geospatial information and technology issues;
9.16(7) participate in the activities and conferences related to geospatial information
9.17and communications technology issues;
9.18(8) review the Geospatial Information Systems (GIS) technology infrastructure
9.19of regions of the state and cooperate with and make recommendations to the governor,
9.20legislature, state agencies, local governments, local technology development agencies,
9.21the federal government, private businesses, and individuals for the realization of GIS
9.22information and technology infrastructure development potential;
9.23(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
9.24technology, data, and services projects; and
9.25(10) review and recommend alternative sourcing strategies for state geospatial
9.26information systems technology, data, and services.
9.27 Subd. 8. Geospatial advisory councils created. The chief
9.28officer must establish a governance structure that includes advisory councils to provide
9.29recommendations for improving the operations and management of geospatial technology
9.30within state government and also on issues of importance to users of geospatial technology
9.31throughout the state.
9.32(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
9.33Information Office regarding the improvement of services statewide through the
9.34coordinated, affordable, reliable, and effective use of geospatial technology. The
9.35
9.36council. The members must represent a cross-section of organizations including counties,
10.1cities, universities, business, nonprofit organizations, federal agencies, and state agencies.
10.2No more than 20 percent of the members may be employees of a state agency. In addition,
10.3the chief geospatial information officer must be a nonvoting member.
10.4(b) A state government geospatial advisory council must advise the Minnesota
10.5Geospatial Information Office on issues concerning improving state government services
10.6through the coordinated, affordable, reliable, and effective use of geospatial technology.
10.7The
10.8of the council. The members must represent up to 15 state government agencies and
10.9constitutional offices, including the Office of Enterprise Technology and the Minnesota
10.10Geospatial Information Office. The council must be chaired by the chief geographic
10.11information officer. A representative of the statewide geospatial advisory council must
10.12serve as a nonvoting member.
10.13(c) Members of both the statewide geospatial advisory council and the state
10.14government advisory council must be recommended by a process that ensures that each
10.15member is designated to represent a clearly identified agency or interested party category
10.16and that complies with the state's open appointment process. Members shall serve a
10.17term of two years.
10.18(d) The Minnesota Geospatial Information Office must provide administrative
10.19support for both geospatial advisory councils.
10.20(e) This subdivision expires June 30, 2011.
10.21
10.22
10.23
10.24
10.25
10.26
10.27 Sec. 2. Minnesota Statutes 2010, section 403.36, subdivision 1, is amended to read:
10.28 Subdivision 1. Membership. (a) The
10.29information officer in the Office of Enterprise Technology shall convene and chair the
10.30Statewide Radio Board to develop a project plan for a statewide, shared, trunked public
10.31safety radio communication system. The system may be referred to as "Allied Radio
10.32Matrix for Emergency Response," or "ARMER."
10.33(b) The board consists of the following members or their designees:
10.34(1) the commissioner of public safety;
10.35(2) the commissioner of transportation;
11.1(3) the state chief information officer;
11.2(4) the commissioner of natural resources;
11.3(5) the chief of the Minnesota State Patrol;
11.4(6) the commissioner of management and budget;
11.5(7) the chair of the Metropolitan Council;
11.6(8) two elected city officials, one from the nine-county metropolitan area and one
11.7from Greater Minnesota, appointed by the governing body of the League of Minnesota
11.8Cities;
11.9(9) two elected county officials, one from the nine-county metropolitan area and
11.10one from Greater Minnesota, appointed by the governing body of the Association of
11.11Minnesota Counties;
11.12(10) two sheriffs, one from the nine-county metropolitan area and one from Greater
11.13Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
11.14(11) two chiefs of police, one from the nine-county metropolitan area and one from
11.15Greater Minnesota, appointed by the governor after considering recommendations made
11.16by the Minnesota Chiefs' of Police Association;
11.17(12) two fire chiefs, one from the nine-county metropolitan area and one from
11.18Greater Minnesota, appointed by the governor after considering recommendations made
11.19by the Minnesota Fire Chiefs' Association;
11.20(13) two representatives of emergency medical service providers, one from the
11.21nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
11.22after considering recommendations made by the Minnesota Ambulance Association;
11.23(14) the chair of the regional radio board for the metropolitan area; and
11.24(15) a representative of Greater Minnesota elected by those units of government in
11.25phase three and any subsequent phase of development as defined in the statewide, shared
11.26radio and communication plan, who have submitted a plan to the Statewide Radio Board
11.27and where development has been initiated.
11.28(c) The Statewide Radio Board shall coordinate the appointment of board members
11.29representing Greater Minnesota with the appointing authorities and may designate the
11.30geographic region or regions from which an appointed board member is selected where
11.31necessary to provide representation from throughout the state.
11.32 Sec. 3. Minnesota Statutes 2010, section 403.36, subdivision 1e, is amended to read:
11.33 Subd. 1e. Implement plan and establish statewide system. The Statewide Radio
11.34Board has overall responsibility for the statewide, shared radio and communication system
11.35project plan. The
12.1of Enterprise Technology shall implement the plan adopted by the Statewide Radio Board.
12.2The
12.3commissioner of transportation to construct, own, operate, maintain, and enhance the
12.4elements of the backbone system defined in the plan. The commissioner of transportation,
12.5under appropriate state law, shall contract for, or procure by purchase or lease (including
12.6joint purchase and lease agreements), construction, installation of materials, supplies and
12.7equipment, and other services as may be needed to build, operate, and maintain the system
12.8backbone. The Department of Transportation shall own, operate, and maintain those
12.9elements identified in the project plan as the system backbone, including, but not limited
12.10to, radio towers and associated structures and equipment related to the system backbone.
12.11 Sec. 4. Minnesota Statutes 2010, section 403.36, subdivision 1g, is amended to read:
12.12 Subd. 1g. State Interoperability Executive Committee. (a) In addition to
12.13responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
12.14Minnesota's State Interoperability Executive Committee.
12.15(b) As Minnesota's State Interoperability Executive Committee, the Statewide
12.16Radio Board shall:
12.17(1) develop and maintain a statewide plan for local and private public safety
12.18communications interoperability that integrates with the Minnesota emergency operation
12.19plan;
12.20(2) develop and adopt guidelines and operational standards for local and private
12.21public safety communications interoperability within Minnesota;
12.22(3) promote coordination and cooperation among local, state, federal, and
12.23tribal public safety agencies in addressing statewide public safety communications
12.24interoperability within Minnesota;
12.25(4) advise the commissioner of the Department of Public Safety and the state chief
12.26information officer on public safety communications interoperability and on the allocation
12.27and use of funds made available to Minnesota to support public safety communications
12.28interoperability;
12.29(5) to the extent permitted by federal law, Federal Communications Commission
12.30regulations, and the National Telecommunications and Information Administration,
12.31develop guidelines and standards for the efficient use of interoperability frequencies on all
12.32frequency spectrums assigned to public safety users; and
12.33(6) to the extent permitted by federal law and treaties with Canada, develop
12.34guidelines and standards that support interoperability with adjoining states and provinces
12.35of Canada along Minnesota's northern border.
13.1 Sec. 5. REPEALER.
13.2Minnesota Statutes 2010, section 16B.99, subdivision 9, is repealed.
