SECTION 397. 16.847 (4) (hm) of the statutes is created to read:
16.847 (4) (hm) Section 20.505 (1) (ec).
SECTION 398. 16.85 (1) of the statutes is amended to read:
16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of industry, labor and human relations development, department of revenue, public service commission, department of health and social services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.
SECTION 399. 16.85 (2) of the statutes is amended to read:
16.85 (2) To furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue -- earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.
SECTION 400. 16.85 (14) of the statutes is created to read:
16.85 (14) To review and approve the design, specifications and construction of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land and to periodically review the progress of the construction or improvement project during construction to assure compliance with the approved design and specifications, except that this subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents of the University of Wisconsin System under s. 233.04 (7) (d).
SECTION 401. 16.865 (8) of the statutes is amended to read:
16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 232, 233, 234 or 235.
SECTION 402. 16.955 (1) of the statutes is amended to read:
16.955 (1) INFORMATION. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in s. 101.01 (1) (e) (7), or promulgate emergency rules under ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
SECTION 403. 16.967 (6) of the statutes is amended to read:
16.967 (6) REPORTS. By March 31, 1990, and biennially thereafter, the departments department of administration, the department of agriculture, trade and consumer protection, the department of development, the department of health and social services, industry, labor and human relations, the department of natural resources, the department of tourism and parks, the department of revenue and, the department of transportation, and the board of regents of the university of Wisconsin system, the public service commission and the board of curators of the historical society shall each submit to the board a plan to integrate land information to enable such information to be readily translatable, retrievable and geographically referenced for use by any state, local governmental unit or public utility.
****NOTE: This is reconciled s. 16.967 (6). This section has been affected by drafts with the following LRB #'s: 95-2178/1, 95-2243/2 and 95-2252/2.
SECTION 404. 16.97 (3m) of the statutes is created to read:
16.97 (3m) "Consortium" means an association of 2 or more school districts or 2 or more technical college districts, or of at least one school district and at least one technical college district for the purpose of planning for, acquiring and operating a distance education network.
SECTION 405. 16.97 (4m) of the statutes is created to read:
16.97 (4m) "Distance education" means the use of 2-way interactive telecommunications technology designed to provide access to education regardless of the location of a teacher or student.
SECTION 406. 16.97 (5) of the statutes is repealed.
SECTION 407. 16.971 (title) of the statutes is amended to read:
16.971 (title) Responsibilities of department division of technology management.
SECTION 408. 16.971 (1) of the statutes is renumbered 16.971 (1m) and amended to read:
16.971 (1m) The department division shall ensure that an adequate level of data processing information technology services is made available to all agencies by providing systems analysis and application programming services to augment agency resources, as requested. The department division shall also ensure that agencies make effective and efficient use of the computing information technology resources of the state. The department division shall establish policies, procedures and planning processes, for the administration of data processing information technology services, which the agencies shall follow. The department division shall monitor adherence to these policies, procedures and processes.
****NOTE: This is reconciled s. 16.971 (1). This SECTION has been affected by drafts with the following LRB#'s: LRB-1101/10 and 2430/4.
SECTION 409. 16.971 (1) of the statutes is created to read:
16.971 (1) In this section:
(a) "Division" means the division of technology management of the department.
(b) "Judicial branch agency" has the meaning given in s. 16.70 (5).
SECTION 410. 16.971 (2) (intro.) of the statutes is amended to read:
16.971 (2) (intro.) The department division shall:
SECTION 411. 16.971 (2) (a) of the statutes is created to read:
16.971 (2) (a) Except as provided in sub. (2m), review and approve, modify or reject all forms approved by a records and forms officer for jurisdiction, authority, standardization of design and nonduplication of existing forms. Unless the division rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The division's rejection of any form is appealable to the public records board. If the head of an agency certifies to the division that the form is needed on a temporary basis, approval by the department is not required.
****NOTE: This is reconciled s. 16.971 (2) (a). This SECTION has been affected conceptually by drafts with the following LRB numbers: 2104/3 and 2430/12.
SECTION 412. 16.971 (2) (ap) of the statutes is created to read:
16.971 (2) (ap) Prescribe a forms management program for agencies.
SECTION 413. 16.971 (2) (e) of the statutes is amended to read:
16.971 (2) (e) Collect, analyze and interpret, in cooperation with the state agencies, that data necessary to assist the computer resource planning needs of the governor and legislature.
SECTION 414. 16.971 (2) (i) of the statutes is amended to read:
16.971 (2) (i) Ensure that a level of computing service is computer services are provided to all state agencies that is are equitable in regard to resource availability, cost and performance.
SECTION 415. 16.971 (2) (L) of the statutes is created to read:
16.971 (2) (L) Require each agency to adopt, revise as necessary and submit for its approval a strategic plan for the utilization of information technology to carry out the functions of the agency in the most efficient and effective manner. As a part of each plan, the division shall require each agency to identify all resources relating to information technology which the agency desires to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions.
****NOTE: This is reconciled s. 16.971 (2) (L). This section has been affected by drafts with the following LRB #'s: LRB-1123/2, LRB-1124/3 and LRB-2430/4.
SECTION 416. 16.971 (2) (m) of the statutes is amended to read:
16.971 (2) (m) Assist in coordination and integration of the plans of agencies relating to information technology approved under par. (L) to formulate a consistent statewide strategic plan for the use and application of information technology.
****NOTE: This is reconciled s. 16.971 (2) (m). This section has been affected by drafts with the following LRB #'s: LRB-1123/2 and LRB-1124/3.
SECTION 417. 16.971 (3) of the statutes is amended to read:
16.971 (3) (a) The secretary shall notify the joint committee on finance in writing of the proposed acquisition of any computing resource that the department division considers major or that is likely to result in a substantive change of service, and that was not considered in the regular budgeting process and is to be financed from general purpose revenues or corresponding revenues in a segregated fund. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the secretary's notification, the department division may approve acquisition of the resource. 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 acquisition, the department division shall not approve acquisition of the resource unless the acquisition is approved by the committee.
(b) The secretary shall promptly notify the joint committee on finance in writing of the proposed acquisition of any computing resource that the department division considers major or that is likely to result in a substantive change in service, and that was not considered in the regular budgeting process and is to be financed from program revenues or corresponding revenues from program receipts in a segregated fund.
SECTION 418. 16.971 (4) (a) of the statutes is amended to read:
16.971 (4) (a) The department division may license or authorize state agencies to license computer programs to the federal government, other states, and municipalities.
SECTION 419. 16.971 (5) of the statutes is created to read:
16.971 (5) (a) From the appropriation under s. 20.870 (1) (q), the department may distribute grants to agencies to be used for information technology development projects.
(b) The department may transfer moneys from the appropriation account for any appropriation other than a sum sufficient appropriation that is authorized by law to be used for administration of any program to the appropriation account under s. 20.870 (1) (r), to be utilized for any information technology development project that is consistent with the purpose of the appropriation from which the moneys are transferred and with this section in an amount not greater than the estimated total savings to the state, as determined by the secretary, that will accrue as a result of implementation of the project. An amount may be transferred under this paragraph in whole at such time or in part at such times as the secretary may determine. Whenever the department transfers moneys under this paragraph, the secretary shall file a report with the cochairpersons of the joint committee on finance specifying the appropriation account from which the transfer is made, the total amount of moneys being transferred and the purpose of the project for which the moneys are being transferred.
(c) The department shall transfer moneys from any appropriation account to the appropriation account under s. 20.870 (1) (r) whenever such action is required by law or authorized by the joint committee on finance under s. 13.101 (4).
(d) The department may accept gifts, grants or bequests made to the state for information technology development purposes without approval by the joint committee on finance. From the appropriation under s. 20.870 (1) (s), the department may distribute moneys received from such gifts, grants or bequests to agencies to be utilized for any information technology development project that is consistent with the purpose for which the moneys were received.
(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). 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.
****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 421. 16.971 (7) of the statutes is created to read:
16.971 (7) From the appropriation under s. 20.870 (1) (t), the department may make a grant to any school district, technical college district or consortium for the purpose of subsidizing that portion of the interest costs on a state trust fund loan generated by the first 2 points of the annual interest rate applicable to that loan to be utilized for a distance education project. Any school district, technical college district or consortium may apply to the department for such a grant. No grant may be made under this subsection to subsidize the payment of interest on a loan made for a term of more than 5 years. The department shall not approve any grant under this subsection to subsidize the payment of interest on a loan that has been approved by the board of commissioners of public lands prior to the date of the department's action. The department shall provide written notice to the board of commissioners of public lands of the approval of any grant under this subsection. Upon receipt of a statement from the board of commissioners of public lands, the department shall make the appropriate payment to the board under s. 24.695 and shall provide written notification to each school district or technical college district that participates in the loan of the date and amount of the payment.
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) Subject to the procedures under s. 20.002 (11), the secretary may reallocate available moneys from any appropriation account under s. 20.505 derived from program-revenues service to the information technology investment fund during the 1995-97 fiscal biennium. 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 423. 16.971 (10) of the statutes is created to read:
16.971 (10) In conjunction with law enforcement agencies, the division shall operate and maintain the transaction information for the management of enforcement system under s. 165.827 and may provide for automation of other information to enhance traffic law enforcement.
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 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 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 429. 16.977 of the statutes is created to read:
16.977 Transfer of appropriations. (1) In this subsection:
(a) "Revenue source" means a revenue type as defined in s. 20.001 (2).
(b) "State operations" means operations for any purpose except aids to or for the benefit of local governmental units, individuals or organizations, to be financed from any revenue source except gifts, grants, bequests or federal revenues.
(2) Any agency to which a sum certain appropriation is made for state operations from the same revenue source under more than one appropriation paragraph may apply to the department no later than March 31 of any fiscal year for authorization to transfer moneys from one such paragraph to another such paragraph for the purpose of engaging in an information technology development project.
(3) The department may approve the request of an agency under sub. (2) if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with the plan of the agency for utilization of information technology, as approved under s. 16.971 (2) (L).
(4) Upon approval of a request in whole or in part, the department shall transfer the approved amount between the affected appropriation accounts. Upon such transfer, the amount of any appropriation to which moneys are transferred is increased by the transferred amount and may be encumbered during the period for which the appropriation is made for the purpose for which it is made.
(5) The secretary shall report in writing to the cochairpersons of the joint committee on finance on a quarterly basis concerning the amount of any transfer approved under this section during the most recent completed calendar quarter, the appropriation accounts to and from which the transfer was effected and the purpose for which the transfer was made.
SECTION 430. 16.978 of the statutes is created to read:
16.978 Carryover of appropriations. (1) Any agency to which a sum certain appropriation is made may apply to the department no later than March 31 of any fiscal year for authorization to carry over unencumbered moneys in the account for that appropriation between 2 successive fiscal years or biennia for the purpose of engaging in an information technology development project.
(2) The department may approve the request of an agency under sub. (1) if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with the plan of the agency for utilization of information technology, as approved under s. 16.971 (2) (L).
(3) Notwithstanding s. 20.001 (3) (a) and (b), upon approval of a request in whole or in part, the department shall transfer the approved amount between the affected fiscal years or biennia. Notwithstanding s. 20.001 (2) (b) and (c) and (3) (a) and (b), upon such transfer, the amount of the appropriation for the fiscal year or biennium succeeding the one in which the transfer is made is increased by the transferred amount and may be encumbered during the fiscal year or biennium for which the appropriation is made for the purpose for which it is made.
(4) Any carryover under this section is contingent upon continuance of the appropriation account to which moneys are transferred as a sum certain appropriation in a form that permits expenditure of the moneys for the purpose for which the carryover is made.
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 432. 16.991 (title) and (1) (intro.) of the statutes are created to read:
16.991 (title) Instructional technology. (1) (intro.) The department shall do all of the following:
SECTION 433. 16.991 (1) (a) of the statutes is created to read:
