(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:
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 446. 19.42 (10) (k) of the statutes is amended to read:
19.42 (10) (k) A division administrator of an office created under ch. 14 or a department or independent agency created or continued under ch. 15, except for the department of regulation and licensing and the department of revenue. In the department of regulation and licensing and the department of revenue, "official required to file" includes a division administrator who holds a position enumerated under s. 230.08 (2) (e).
SECTION 447. 19.42 (10) (n) of the statutes is created to read:
19.42 (10) (n) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
SECTION 448. 19.42 (13) (j) of the statutes is amended to read:
19.42 (13) (j) A division administrator of an office created under ch. 14 or a department or independent agency created or continued under ch. 15, except for the department of regulation and licensing and the department of revenue. In the department of regulation and licensing and the department of revenue, "state public official" includes a division administrator who holds a position enumerated under s. 230.08 (2) (e).
SECTION 449. 19.42 (13) (m) of the statutes is created to read:
19.42 (13) (m) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
SECTION 450. 19.44 (1) (g) of the statutes is amended to read:
19.44 (1) (g) The identity of each person from which the individual who is required to file received, directly or indirectly, any gift or gifts having an aggregate value of more than $50 within the taxable year preceding the time of filing, except that the source of a gift need not be identified if the donation is permitted under s. 19.56 (3) (e), (em) or (f) or if the donor is the donee's parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, niece, nephew, spouse, fiance or fiancee.
SECTION 451. 19.45 (11) (intro.) of the statutes is amended to read:
19.45 (11) (intro.) The legislature recognizes that all state public officials and employes and all employes of the University of Wisconsin Hospitals and Clinics Authority should be guided by a code of ethics and thus:
SECTION 452. 19.45 (11) (d) of the statutes is created to read:
19.45 (11) (d) The board of directors of the University of Wisconsin Hospitals and Clinics Authority shall establish a code of ethics for employes of the authority who are not state public officials.
SECTION 453. 19.48 (4) (intro.) of the statutes is amended to read:
19.48 (4) (intro.) Preserve the statements of economic interests filed with it for a period of 6 years from the date of receipt in such form, including microfilming, or optical imaging or electronic formatting, as will facilitate document retention, except that:
SECTION 454. 19.53 (1) of the statutes is amended to read:
19.53 (1) In the case of a state public official in the unclassified outside the classified service, a recommendation that the state public official be censured, suspended, or removed from office or employment. Such recommendation shall be made to the appropriate appointing authority who may censure, suspend, or take action to remove the official from office or employment.
SECTION 455. 19.56 (2) (b) 6. of the statutes is amended to read:
19.56 (2) (b) 6. Is made available to the official by the department of development or the department of tourism and parks in accordance with sub. (3) (e), (em) or (f).
SECTION 456. 19.56 (3) (em) of the statutes is created to read:
19.56 (3) (em) A state public official who is an officer or employe of the department of tourism and parks may solicit, receive and retain on behalf of the state anything of value for the purpose of hosting individuals in order to promote tourism.
SECTION 457. 19.56 (3) (f) of the statutes is amended to read:
19.56 (3) (f) A state public official may receive and retain from the department of development anything of value which the department of development is authorized to provide under par. (e) and may receive and retain from the department of tourism and parks anything of value which the department of tourism and parks is authorized to provide under par. (em).
SECTION 458. 19.575 of the statutes is created to read:
19.575 Tourism activities. The department of tourism and parks shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the department of tourism and parks during the preceding calendar year for a purpose specified in s. 19.56 (3) (em) and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
SECTION 459. 19.62 (4) of the statutes is repealed.
SECTION 460. 19.625 of the statutes is repealed.
SECTION 461. 19.63 of the statutes is repealed.
