Wisconsin Legislature: LRBs0148/3

(e) No moneys may be authorized for use by the department under this subsection unless the department determines that such use will permit the effective utilization of information technology by agencies and will be consistent with the department's responsibilities to ensure adequate information technology resources for agencies under sub. (1m) and to implement a statewide strategic plan for information technology purposes under sub. (2) (m). If a grant is distributed to the legislature, a legislative service agency, the courts, a judicial branch agency or the board of regents of the University of Wisconsin System, the use shall be consistent with the appropriate plan under s. 13.90 (6), 36.11 (31) or 758.19 (7). The department shall accord priority to utilization of moneys under this subsection for projects that will effect cost savings, avoid future cost increases or enable improved provision of state services.

(f) No later than September 30 annually, each agency which conducted an information technology development project during the preceding fiscal year, whether individually or in cooperation with another agency, that was funded in whole or in part from the appropriation under s. 20.870 (1) (q), (r) or (s) shall file a report, in a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of each project and the status of the project as of the end of the preceding fiscal year. No later than 13 months following the completion of such a project, each such agency shall file a report, on a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of the project and the effect of the project on agency business operations as of the end of the 12-month period following completion of the project.

(g) The department shall promulgate rules governing the administration of this subsection, including criteria for distributing grants under par. (a).

****NOTE: This is reconciled s. 16.971 (5) (e). This SECTION has been affected by drafts with the following LRB numbers: LRB-1101/12 and LRB-2430/5.

SECTION 420. 16.971 (6) of the statutes is amended to read:

16.971 (6) Notwithstanding subs. (1) (1m) and (2), the revisor of statutes shall approve the specifications for preparation and schedule for delivery of computer data bases containing the Wisconsin statutes.

SECTION 422. 16.971 (8) of the statutes is created to read:

16.971 (8) (a) In this subsection, "program revenues-service" has the meaning given in s. 20.001 (2) (c).

(b) The secretary may propose to the joint committee on finance that available moneys from any appropriation account under s. 20.505 derived from program-revenues service be temporarily reallocated during the 1995-97 fiscal biennium to the information technology investment fund. The secretary shall notify the cochairpersons of the committee of any such proposal. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of the secretary's notification, the secretary may reallocate the moneys as proposed by the secretary. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed reallocation, the reallocation may be made only upon approval of the committee. No interest is chargeable to the information technology investment fund as a result of any such reallocation. The secretary shall ensure that any amounts reallocated under this subsection are repaid to the account from which they were transferred no later than 5 years after the date of the reallocation.

SECTION 422m. 16.971 (9) of the statutes is created to read:

16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (ja). The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.

SECTION 423m. 16.971 (11) of the statutes is created to read:

16.971 (11) The division may charge executive branch agencies for information technology development and management services provided to them by the division under this section.

SECTION 424. 16.973 (intro.) of the statutes is amended to read:

16.973 (title) Powers of the division of information technology services. (intro.) The division of information technology services may:

SECTION 424g. 16.973 (2) of the statutes is amended to read:

16.973 (2) Provide such mainframe computer services and telecommunications services to local governmental units as the division considers to be appropriate and as the division can efficiently and economically provide. The division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division may charge local governmental units for services provided to them under this subsection in accordance with a methodology determined by the secretary.

SECTION 425. 16.974 (intro.) of the statutes is amended to read:

16.974 (title) Duties of the division of information technology services. (intro.) The division of information technology services shall:

SECTION 426. 16.974 (1) of the statutes is amended to read:

16.974 (1) Provide or contract with a public or private entity to provide mainframe computer services to agencies. The division may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the secretary.

SECTION 427. 16.975 of the statutes is amended to read:

16.975 Access to information. The division of information technology services shall withhold from access under s. 19.35 (1) all information submitted to the division by agencies, local governmental units or entities in the private sector for the purpose of processing. The authority division may not process such information without the consent of the agency, unit or other entity which submitted the information and may not withhold such information from the agency, unit or other entity or from any other person authorized by the agency, unit or entity to have access to the information. The agency, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the authority division and access to such information by that agency, unit or entity or any other person shall be determined by that agency, unit or other entity and in accordance with law.

****NOTE: This is reconciled s. 16.975. This SECTION has been affected by drafts with the following LRB numbers: -1101/9 and -2430/4.

SECTION 428. 16.976 of the statutes is amended to read:

16.976 Council on information technology. The council on information technology shall advise the secretary on matters relating to the operation and performance of the division of information technology services under this subchapter.

SECTION 431. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is amended to read:

CHAPTER 16

SUBCHAPTER IX
TELECOMMUNICATIONS AND
INSTRUCTIONAL TECHNOLOGY

SECTION 436m. 16.992 of the statutes is created to read:

16.992 Pioneering partners grants and loans. (1) In this section:

(a) "Board" means the educational technology board.

(b) "Distance education" means instruction that takes place, regardless of the location of a teacher or student, by means of telecommunications or other means of communication, including cable, instructional television fixed service, microwave, radio, satellite, computer, telephone or television.

(c) "Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school or a public library.

(2) A school district, municipal library board established under s. 43.54 or county library board established under s. 43.57, either individually or in conjunction with one or more other school districts, municipal library boards or county library boards, may apply to the department for a grant, or for approval of a loan under s. 24.61 (3) (d), or both, to implement, expand or participate in an educational technology or distance education project. The application shall be accompanied by a technology plan that includes all of the following:

(a) An assessment of the needs to be met by the project.

(b) A detailed description of the technology to be employed in the project.

(d) A narrative description of the project, including the manner in which the project meets the criteria under sub. (4) (a) and the purpose for which the grant will be awarded or the loan made.

(e) A description of the process that the grant or loan recipient will use to evaluate the project.

(f) A plan for continuing the project beyond the grant or loan period, if appropriate.

(g) Any other information the board determines is necessary to assist in awarding a grant or approving a loan.

(2m) In the case of a county or municipal library board, whether the library board applies individually or in conjunction with other entities, an application for a loan shall be accompanied by a resolution of the governing body of each county or municipality that is served by the library board requesting the loan on behalf of the library board.

(3) The board may approve an application for one or more of the following:

(a) A grant to fund all or a portion of the cost of an educational technology or distance education project.

(b) A loan under s. 24.61 (3) (d), and a grant to subsidize that portion of the interest costs on that loan generated by the first 2 points of the annual interest rate applicable to that loan, to fund all or a portion of the cost of an educational technology or distance education project.

(c) A loan under s. 24.61 (3) (d) to fund all or a portion of the cost of an educational technology or distance education project.

(4) (a) The board shall review all applications for a grant or loan under this section and may make a grant, or approve an application for a loan, if the board finds that the project will do any of the following:

1. Enhance the educational opportunities for residents of this state.

2. Improve the administrative efficiency of public schools in this state.

3. Enhance the training and continuing education opportunities of elementary and secondary school teachers in this state.

(b) The board shall ensure that grants and loans are distributed to eligible applicants from the territory of all of the cooperative educational service agencies from which applications are received.

(c) The board may not make a grant under sub. (3) (a) unless there is a matching fund contribution from the grant recipient, including in-kind contributions, of at least 25% of the cost of the project. Contributions from private sources, including in-kind contributions, may be applied to meet the matching fund requirement.

(5) (a) A grant or loan recipient shall use the grant or loan for one or more of the following purposes:

1. Training teachers, librarians and other staff members in the use and integration of technology for educational purposes.

2. Purchasing or upgrading technology, including computer hardware and software, distance education equipment and other equipment, materials or resources related to the project, and wiring within a school or library building or to connect schools in the same school district if such wiring is directly related to the project.

3. Integrating the use of educational technology and distance education throughout the curriculum.

4. Implementing the use of technology to enhance administrative efficiencies.

5. Offering community education opportunities through distance education or educational technology to school district, municipal or county residents.

(b) Grants may not be used to supplant or replace funds otherwise available for the project.

(6) The board may require a grant or loan recipient to report to the board on the distance education and educational technology used in the school district, municipality or county for the purpose of assisting the state in planning related to distance education and educational technology if the board finds that complying with the requirement will not impose a substantial burden on the grant or loan recipient.

(7) Upon approval of an application for a loan to conduct an educational technology or distance education project, the board shall provide written notice of its approval to the board of commissioners of public lands.

(8) The board shall do all of the following:

(a) Provide consultative services to school boards and library boards to assist them in developing and implementing distance education and educational technology projects and in preparing applications for grants and loans under this section.

(b) Consult and coordinate its activities under par. (a) with the boards of control of the cooperative educational service agencies.

(c) Annually by August 15, submit a report to the joint committee on finance identifying all recipients of grants under this section in the previous fiscal year and all applicants for and recipients of loans approved by the board under this section in the previous fiscal year. The report shall indicate the purpose for which each grant was awarded and for which each loan was approved.

(9) By February 1, 2000, the secretary of administration and the board shall jointly submit to the joint committee on finance a report specifying their recommendations on whether the board and the program under this section should be continued and, if so, what changes should be made.

SECTION 437. 17.07 (3), (4), (5) and (6) of the statutes are amended to read:

17.07 (3) State officers appointed by serving in an office that is filled by appointment of the governor for a fixed term by and with the advice and consent of the senate, or appointed by serving in an office that is filled by appointment of any other officer or body for a fixed term subject to the concurrence of the governor, by the governor at any time, for cause.

(4) State officers appointed by serving in an office that is filled by appointment of the governor with the advice and consent of the senate to serve at the pleasure of the governor, or appointed by serving in an office that is filled by appointment of any other officer or body for an indefinite term subject to the concurrence of the governor, by the governor at any time.

(5) State officers appointed serving in an office that is filled by appointment of the governor alone for a fixed or indefinite term or to supply a vacancy in any office, elective or appointive, except justices of the supreme court and judges and the adjutant general, by the governor at pleasure; the adjutant general, by the governor, at any time, for cause or for withdrawal of federal recognition of his or her commission under 32 USC 323; and all officers appointed by the governor during the recess of the legislature whose appointments are required to be later confirmed by the senate shall be deemed to be appointed by the governor alone until so confirmed.

(6) Other state officers appointed by serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body that appointed them having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 who may be removed only in conformity with said that chapter.

SECTION 438. 18.06 (10) of the statutes is repealed.

SECTION 439. 18.13 (4) of the statutes is repealed.

SECTION 439m. 18.60 (3) of the statutes is amended to read:

18.60 (3) The principal proceeds from the sale of any refunding bonds shall be applied either to the immediate payment and retirement of the bonds or notes being refinanced or, if the bonds or notes have not matured and are not presently redeemable, to the creation of a trust for and shall be pledged to the payment of the bonds or notes being refinanced. If a trust is created, a separate deposit shall be made for each issue of bonds or notes being refinanced. Each deposit shall be with the state treasurer secretary of administration or a bank or trust company that is then a member of the federal deposit insurance corporation. If the total amount of any deposit, including money other than sale proceeds but legally available for such purpose, is less than the principal amount of the bonds or notes being refinanced and for the payment of which the deposit has been created and pledged, together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption, then the application of the sale proceeds shall be legally sufficient only if the money deposited is invested in securities issued by the United States or one of its agencies, or securities fully guaranteed by the United States, and only if the principal amount of the securities at maturity and the income therefrom to maturity will be sufficient and available, without the need for any further investment or reinvestment, to pay at maturity or upon redemption the principal amount of the bonds or notes being refinanced together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption. The income from the principal proceeds of the securities shall be applied solely to the payment of the principal of and interest and redemption premiums on the bonds or notes being refinanced, but provision may be made for the pledging and disposition of any surplus. Nothing in this subsection shall be construed as a limitation on the duration of any deposit in trust for the retirement of bonds or notes being refinanced, but which have not matured and which are not presently redeemable. Nothing in this subsection shall be construed to prohibit reinvestment of the income of a trust if the reinvestments will mature at such times that sufficient cash will be available to pay interest, applicable premiums and principal on the bonds or notes being refinanced.

SECTION 440. 19.21 (4) (b) of the statutes is amended to read:

19.21 (4) (b) The period of time any town, city or village public record is kept before destruction shall be as prescribed by ordinance unless a specific period of time is provided by statute. The period prescribed in the ordinance may not be less than 2 years with respect to water stubs, receipts of current billings and customer's ledgers of any municipal utility, and 7 years for other records unless a shorter period has been fixed by the public records and forms board under s. 16.61 (3) (e) and except as provided under sub. (7). This paragraph does not apply to school records of a 1st class city school district.

SECTION 441. 19.21 (4) (c) of the statutes is amended to read:

19.21 (4) (c) Any local governmental unit or agency may provide for the keeping and preservation of public records kept by that governmental unit through the use of microfilm or another reproductive device, or optical imaging or electronic formatting. A local governmental unit or agency shall make such provision by ordinance or resolution. Any such action by a subunit of a local governmental unit or agency shall be in conformity with the action of the unit or agency of which it is a part. Any photographic reproduction of a record authorized to be reproduced under this paragraph is deemed an original record for all purposes if it meets the applicable standards established in ss. 16.61 (7) and 16.612. This paragraph does not apply to public records kept by counties electing to be governed by ch. 228.

SECTION 442. 19.21 (5) (c) of the statutes is amended to read:

19.21 (5) (c) The period of time any public record shall be kept before destruction shall be determined by ordinance except that in all counties the specific period of time expressed within s. 7.23 or 59.715 or any other law requiring a specific retention period shall apply. The period of time prescribed in the ordinance for the destruction of all records not governed by s. 7.23 or 59.715 or any other law prescribing a specific retention period may not be less than 7 years, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e).

SECTION 443. 19.21 (6) of the statutes is amended to read:

19.21 (6) A school district may provide for the destruction of obsolete school records. Prior to any such destruction, at least 60 days' notice in writing of such destruction shall be given to the historical society, which shall preserve any records it determines to be of historical interest. The historical society may, upon application, waive the notice. The period of time a school district record shall be kept before destruction shall be not less than 7 years, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e) and except as provided under sub. (7). This section does not apply to pupil records under s. 118.125.

SECTION 444. 19.21 (8) of the statutes is amended to read:

19.21 (8) Any metropolitan sewerage commission created under ss. 66.88 to 66.918 may provide for the destruction of obsolete commission records. No record of the metropolitan sewerage district may be destroyed except by action of the commission specifically authorizing the destruction of that record. Prior to any destruction of records under this subsection, the commission shall give at least 60 days' prior notice of the proposed destruction to the state historical society, which may preserve records it determines to be of historical interest. Upon the application of the commission, the state historical society may waive this notice. Except as provided under sub. (7), the commission may only destroy a record under this subsection after 7 years elapse from the date of the record's creation, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e).

SECTION 445. 19.23 (1) of the statutes is amended to read:

19.23 (1) Any public records, in any state office, that are not required for current use may, in the discretion of the public records and forms board, be transferred into the custody of the historical society, as provided in s. 16.61.

SECTION 445m. 19.36 (9) of the statutes is created to read:

19.36 (9) RECORDS OF PLANS OR SPECIFICATIONS FOR STATE BUILDINGS. Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under s. 19.35 (1) except as the department of administration otherwise provides by rule.

SECTION 446m. 19.42 (10) (L) of the statutes is amended to read:

19.42 (10) (L) The executive director, executive assistant to the executive director and investment directors of the investment board.