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:
16.991 (1) (a) Receive and disburse state, federal and private funds and engage or contract for such personnel and facilities as it considers necessary to carry out the purpose of this section.
SECTION 434. 16.991 (1) (d) of the statutes is created to read:
16.991 (1) (d) Jointly with the educational communications board, if appropriate funds are made available, file applications after appropriate engineering studies and feasibility surveys for the construction and operation of noncommercial educational radio and television transmitters in the vicinities of Wausau, Colfax, La Crosse and Appleton and translators in the Platteville and Ashland area.
SECTION 435. 16.991 (1) (f) of the statutes is created to read:
16.991 (1) (f) Assist any state agency, upon its request, in the development and review of plans for the utilization of educational radio and television to include, but not be limited to, equipment, personnel and facilities.
SECTION 436. 16.991 (2) and (3) of the statutes are created to read:
16.991 (2) The department may:
(a) Copyright in its own name or acquire copyrights by assignment and charge for their use.
(b) Review capital equipment purchases related to public broadcasting made by any state agency.
(3) (a) The department may enter into affiliation agreements with broadcast radio and television licensees for the purpose of furthering its responsibilities under sub. (1) (b).
(b) Notwithstanding par. (a), the department shall, jointly with the educational communications board, negotiate an affiliation agreement under s. 36.25 (5) with the University of Wisconsin System.
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 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:
