In addition, the bill changes the primary source of funding for administration of the reserve from general purpose revenue to segregated (conservation fund) revenue.
This bill authorizes DNR to acquire land for state natural resource management areas. Under the bill, a state natural resource management area is one that provides multiple natural resource values, such as scenic and environmental values.
Under current law, no person may enter a state park or certain other state recreational areas in a vehicle without paying a fee for an annual or daily vehicle admission sticker. This bill raises the fees for these stickers.
Under current law, an operator of a motor vehicle is in violation of state law if he or she operates the vehicle in a state park or other state recreation area without an admission sticker on the vehicle. This bill makes the owner of the vehicle, regardless of whether he or she was the operator, liable for this violation. The also bill establishes certain defenses to liability for this violation.
Other natural resources
Under current law, DNR is under the direction and supervision of the natural resources board, consisting of 7 members who are nominated by the governor and appointed with the advice and consent of the senate for staggered 6-year terms. The board appoints a secretary to administer DNR. This bill abolishes the board. Under the bill, DNR is under the direction and supervision of a secretary who is nominated by the governor and appointed with the advice and consent of the senate to serve at the pleasure of the governor. The bill also creates a natural resources council to advise DNR. The initial membership of the council consists of those board members who are in office when this bill becomes law.
Under current law, a department may establish district or area offices for field operations. DNR has established 6 field districts, each of which is headed by a director. Current law provides that a director of a DNR field district is in the classified service. This bill authorizes the secretary of natural resources to appoint a director for each field district or field area office established by the department. The bill also provides that the directors of the DNR field districts are in the unclassified service.
Under current law, the Wisconsin conservation corps (WCC) board is attached to DOA for limited administrative purposes. This bill transfers the WCC board to the department of industry, labor and human relations (DILHR).
Under current law, corps enrollees receive wages and certain benefits provided by the state. A sponsor may supplement these wages or provide additional benefits. The WCC board establishes guidelines to be used in selecting corps projects. These guidelines include the extent to which the project will provide employment in meaningful work activities and the share of the total project cost that will be provided by the project's sponsor. Under this bill, the WCC board must also use as a guideline the extent to which the sponsor will provide the corps enrollees additional wages or other benefits. Also, under the bill, the WCC board may approve a project without using these guidelines if the sponsor is paying for the entire cost of the project.
Currently, the WCC board consists of 7 members. The members must provide regional, environmental and agricultural representation. This bill changes the composition of the WCC board to require that one member be a member of an area private industry council, which coordinates job training programs.
Under current law, the WCC board may provide health care coverage under the state group health insurance program, administered by the department of employe trust funds, to certain crew leaders. This bill provides that the WCC board may also offer these persons health care coverage under any other health care coverage program.
Under current law, the WCC board classifies its enrollees as corps members, assistant crew leaders and crew leaders. This bill authorizes the WCC board to classify its enrollees as corps members, assistant crew leaders, crew leaders and regional crew leaders.
Under current law, a participating employe under the Wisconsin retirement system (WRS) is eligible for coverage under the state group health insurance program on the first day of the month immediately after the employe submits an application for coverage if the application is submitted within the first 30 days after being hired. If the participating employe is a member or employe of the legislature, a state constitutional officer, a justice of the supreme court, a court of appeals judge, a circuit judge, the chief clerk or sergeant at arms of the senate or assembly or certain crew leaders employed by the WCC board, he or she is immediately eligible for the employer contribution towards the premiums. All other participating employes are ineligible for the employer contribution towards group health insurance premiums during the first 6 months of employment. This bill makes a regional crew leader employed by the WCC board immediately eligible for the employer contribution towards group health insurance premiums.
Current law provides that crew leaders and assistant crew leaders may be paid more than the state minimum wage, but does not impose a wage cap. This bill caps wages for crew leaders, assistant crew leaders and regional crew leaders at twice the state minimum wage and authorizes the WCC board to waive the wage cap for regional crew leaders.
Under current law, the WCC board may extend the normal 2-year enrollment period of a crew leader if the crew leader possesses special experience or training that is valuable to the corps. Under this bill, the WCC board may extend the enrollment period to up to 4 years for a crew leader regardless of whether the crew leader has special experience or training. For regional crew leaders, the WCC board may extend the 2-year period beyond 4 years.
Under current law, there is one wild ginseng dealer license that covers residents and nonresidents. This bill creates the following dealer licenses:
1. Three different licenses for wild ginseng dealers who are residents and who purchase for resale 8 or more ounces of wild ginseng. The type of license that a dealer must hold depends on the amount of wild ginseng that he or she will purchase for resale in a given year.
2. A wild ginseng dealer license for nonresidents.
Also, under current law, a person who harvests wild ginseng must have a harvest license. This bill creates 2 separate licenses: one for residents and one for nonresidents.
The bill requires that wild ginseng shipped out of this state be accompanied by a certificate of origin if it originates in this state or if it is shipped to a foreign country, regardless of its state of origin. The bill also requires that a resident dealer return to the sender wild ginseng that he or she receives from outside the state if it is not accompanied by a certificate of origin from that state.
Under current law, DNR conducts a program of conservation work projects for certain American Indian youth who are members of the Chippewa tribes or bands and DNR operates a program of youth conservation camps for boys and girls. This bill eliminates these 2 programs.
This bill allows DNR to charge fees for its environmental education programs. Under current law, no such authority exists.
Occupational regulation
Under current law, the department of regulation and licensing (DORL) and its boards, examining boards and affiliated credentialing boards issue licenses, permits and certificates (credentials) that authorize a person to practice a particular occupation or profession or use a particular occupational or professional title. A person who has been issued a credential by DORL or by an examining board or affiliated credentialing board attached to DORL must renew his or her credential on a regular basis (every 2 years for most credentials). Current law provides for a renewal fee that a credential holder must pay to DORL when he or she applies for a credential renewal. This bill requires DORL to levy a health care provider assessment of $300 on physician, podiatrist and chiropractor licenses. The health care provider assessment is in addition to the license renewal fee and must be paid at the time the holder of a physician, podiatrist or chiropractor license renews his or her license. If a physician, podiatrist or chiropractor fails to pay the health care provider assessment, DORL must request the department of revenue to collect the assessment using the collection methods applicable to income taxes. The money collected from the health care provider assessment is paid into the general fund.
Under current law, a person may not use the title "social worker" unless he or she is certified as a social worker by the social worker section of the examining board of social workers, marriage and family therapists and professional counselors. A person is eligible for a social worker certificate if he or she has received a bachelor's, master's or doctorate degree in social work and has passed an examination approved by the section to determine whether the person has the minimum competence to practice social work.
This bill creates a social worker training certificate that the section may grant to a person who has a bachelor's degree in psychology, sociology, criminal justice or another human service program approved by the section. A person who holds a social work training certificate may use the title "social worker" and is considered to be certified as a social worker for the purpose of any law governing social workers. A person who holds a social worker training certificate must: 1) attain social worker degree equivalency by taking social work courses; and 2) have direct practice experience with clients through either a 400-hour supervised human service internship or one year of supervised social work employment. Upon completing these 2 requirements, or at the end of 24 months, whichever occurs first, a person holding a social worker training certificate must take the national social work examination and, after passing that examination, must take an examination covering state law governing social work. If the person passes both examinations the section must grant the person a social worker certificate.
Under current law, with exceptions, DORL and the boards, examining boards or affiliated credentialing boards in DORL may discipline the holder of a credential by revoking or suspending the credential, by imposing limits on the credential, by reprimanding the holder of the credential or, in some cases, by imposing forfeitures (civil monetary penalties). This bill allows DORL or a board, examining board or affiliated credentialing board in DORL, as appropriate, to close a disciplinary investigation by issuing an administrative warning to the holder of the credential if DORL or the board, examining board or affiliated credentialing board determines that there is substantial evidence of misconduct by the holder of the credential but determines that a disciplinary proceeding should not be commenced.
Under current law, DORL and each board, examining board or affiliated credentialing board in DORL imposes various requirements on the practice of the professions regulated by DORL or the board, examining board or affiliated credentialing board. DORL or the board, examining board or affiliated credentialing board may require or conduct inspections, including records inspections, to verify that premises required to be licensed meet specified requirements and that a regulated professional complies with the practice requirements. This bill allows DORL or a board, examining board or affiliated credentialing board in DORL that has the authority to establish standards of conduct for a profession to promulgate rules that, in addition or as an alternative to DORL or the board, examining board or affiliated credentialing board conducting an inspection, require a regulated professional to inspect his or her own licensed location and to submit a report to DORL or the board, examining board or affiliated credentialing board that regulates the profession. The bill also allows DORL or a board, examining board or affiliated credentialing board to require a regulated professional to review specific practice requirements that relate to his or her profession and to verify in a report that his or her practice complies with those requirements.
Under current law, a licensed real estate broker or salesperson may apply to DORL for registration as an inactive licensee unless the person's license has been revoked or suspended as the result of a disciplinary proceeding. An inactive licensee may not engage in real estate practice, but may have his or her original license reinstated upon application and payment of a fee. This bill provides that inactive licenses for real estate brokers and salespersons may not be issued after November 1, 1995, and provides that, beginning on January 1, 1996, an inactive licensee must satisfy new requirements to have his or her original license reinstated.
This bill changes the statutory fees for initial and renewal credentials issued by DORL to reflect DORL's approximate costs of administration and enforcement attributable to the regulation of the various occupations and businesses that DORL regulates.
Under current law, DORL may charge a late fee to a credential holder who does not apply to renew his or her credential before the applicable credential renewal date. The late fee is $5 if the credential holder files the application for renewal less than 30 days after the renewal date and $25 if the credential holder files the application for renewal 30 days or more after the renewal date. This bill replaces the 2 different late fees with one late fee of $25, which DORL may charge regardless of how many days past the renewal date the renewal application is filed.
State government
State employment
Under current law, with certain exceptions, the employes in the department of revenue (DOR) and the department of regulation and licensing (DORL) serve in positions in the classified service. In contrast to an unclassified position, a classified position must be publicly announced and filled through an examination procedure that determines the applicant's merit and fitness for appointment to the position. Also, a person in the classified service who has successfully completed his or her probationary period may not be demoted, suspended, removed or discharged from his or her position except for just cause, and the person has certain reinstatement privileges if he or she is laid off or voluntarily separates from the classified service; a person in an unclassified position does not have the same protections or privileges. In addition, a person in the classified service, other than a limited term employe, project employe, supervisor, management employe or individual who is privy to confidential matters affecting the employer-employe relationship, may exercise collective bargaining rights under the state employment labor relations act (SELRA). Finally, compensation of persons in the classified service is determined in accordance with the state compensation plan, unless the persons are represented. If persons are represented, their compensation is determined according to the collective bargaining agreement.
This bill places all employes in DOR and DORL in the unclassified service beginning on July 1, 1996. These employes are no longer covered by SELRA, with the result that they no longer have collective bargaining rights, and their compensation, with certain exceptions, is determined in accordance with the state compensation plan.
Current law also provides that state employes, with certain exceptions, are protected from retaliation for disclosing information that an employe reasonably believes demonstrates a violation of law, mismanagement, abuse of authority, a substantial waste of public funds or a danger to public health and safety (the "whistleblower law"). This bill removes the employes in DOR and DORL from the protections provided under the whistleblower law.
Under SELRA, state employes in the classified service and assistant district attorneys, except limited term, management, supervisory, confidential and project employes, are included within collective bargaining units established by law. The employes in each unit may select a representative for purposes of collective bargaining. Under SELRA, a "management" employe includes any individual who is engaged predominantly in executive and managerial functions, and specifically includes division administrators, bureau directors and institutional heads, as well as individuals exercising similar functions, as determined by the employment relations commission.
This bill excludes from coverage under SELRA, in addition, any individual who serves as "chief legal counsel" or "deputy chief legal counsel" in a state agency within the executive branch, or any individual who exercises functions and responsibilities similar to such an individual, as determined by the commission. An excluded individual need not be engaged in any managerial, supervisory or confidential functions.
This bill eliminates the labor and industry review commission (LIRC) and the employment relations commission (ERC), effective July 1, 1996, and transfers their functions to the personnel commission, which is renamed the employment commission on that date.
The bill also transfers the council on municipal collective bargaining, which is currently attached to the ERC, to the employment commission, and transfers certain other councils, which are currently in the department of industry, labor and human relations (DILHR) and appointed by LIRC, to the employment commission. (See also EMPLOYMENT.)
Under current law, with certain exceptions, the department of employment relations (DER) is required to certify for vacant classified civil service positions the top 5 names from the register of eligible applicants if the register has fewer than 50 names or the top 10% of names if the register has more than 50 names. This bill requires DER to certify the top 10 names on the register of eligible applicants regardless of the size of the register.
Under current law, the personnel commission is required to conduct hearings on appeals regarding certain personnel decisions affecting state employes and is also required to process complaints regarding certain acts of employment discrimination and retaliatory, disciplinary action against state employes. This bill requires the commission to establish, by rule, a schedule of filing fees to be paid by any person who files such appeals or complaints with the commission.
Under current law, this state is responsible for the employer's share of any costs related to grievance arbitration under a collective bargaining agreement that covers state employes. This bill requires DER to charge a state agency the employer's share of any cost related to grievance arbitration for any arbitration that involves one or more employes of the state agency.
Under current law, the secretary of employment relations is required to allocate positions in the classified service and to reclassify certain positions. The secretary's decision concerning these classifications or reclassifications may be appealed to the personnel commission. Current law also provides that if a majority of the members of the personnel commission are not present for the hearing, a hearing examiner is required to prepare a proposed decision that is subject to modification by the commission. This bill provides that a hearing examiner's proposed decision regarding an appeal of a classification decision of the secretary shall stand as the final decision of the personnel commission.
Under current law, the governor is authorized to create committees by executive order and may authorize each committee to spend up to $2,000 per fiscal year. If the governor wants to authorize a committee to spend more than $2,000 per fiscal year, the governor is required to submit the committee's budget for all expenditures to the joint committee on finance (JCF) for approval. This bill provides that the governor may authorize a committee created by executive order, for the purpose of studying civil service reform, to spend up to $25,000 during the 1995-97 fiscal biennium without submitting a budget of the committee's actual and proposed expenditures to JCF and without the approval of JCF.
Under current law, DER is authorized to make grants of up to $50,000 to a day care provider for the start-up costs of certain day care facilities. These day care facilities must be located at or near a place of employment for state employes, provide day care services for children of state employes, charge a fee to state employes whose children receive care at these facilities, subsidize this fee based on a person's ability to pay and become a self-supporting day care facility within a time period set by DER. This bill eliminates this program.
State finance
Under current law, there exists a separate office of the state treasurer, under the direction and supervision of the state treasurer. Effective on July 1, 1996, this bill abolishes the office of the state treasurer, eliminates the stenographer position assigned to the state treasurer and requires the department of administration (DOA) to establish a subunit in DOA headed by the state treasurer. Under the bill, the state treasurer and the subunit are under the direction and supervision of the secretary of administration.
Currently, the investment board may contract with investment advisers for the management and control of not more than 10% of the assets of the fixed retirement investment trust or the variable retirement investment trust. These assets may be invested in real estate, mortgages, equities, debt of foreign governments and debt of corporations not organized under the laws of this state. Responsibility for management and control of the balance of the assets of these trusts rests directly with the board's employes. When retained, investment advisers are paid from the income that would otherwise accrue to the trusts.
This bill permits the board to contract with investment advisers for the management and control of not more than 25% of the assets of the fixed retirement investment trust or the variable retirement investment trust.
Under current law, any local government in this state, as well as any circuit or municipal court, the Wisconsin health and educational facilities authority and the Wisconsin housing and economic development authority may deposit moneys with the state, which are then pooled to form the local government pooled-investment fund. The fund is invested by the state investment board until such time as the government, court or authority depositing the moneys requests their return. The state treasurer administers this fund and may deduct quarterly not more than 0.25% of the income received from the earnings of the fund during the preceding calendar quarter as reimbursement for his or her expenses of administration.
This bill permits the state treasurer to deduct quarterly not more than 0.5% of the income received from the earnings of the fund during the preceding calendar quarter as reimbursement for his or her expenses of administration.
Currently, moneys received by a state agency that are not appropriated are generally not available for expenditure until they are appropriated. However, if a state agency receives an adjustment of a previously recorded expenditure from a sum certain appropriation to that agency due to activities that are of a temporary nature or activities that could not be anticipated during budget development and which serves to reduce or eliminate the previously recorded expenditure in the same fiscal year in which the previously recorded expenditure was made, the secretary of administration may, upon request of the agency, designate the adjustment as a refund of an expenditure. When designated, the refund becomes available for expenditure. Unless exempted by the secretary, an agency which proposes to designate an adjustment as a refund of an expenditure must provide to the secretary an explanation of the conditions under which it was received, including a reference to the law creating the function of the agency under which the adjustment was received, the appropriation account from which the previously recorded expenditure was made and the purpose of that expenditure and any new proposed expenditure.
Under this bill, DOA prescribes written policies for identification of refunds of expenditures. The policies need not be promulgated as administrative rules. An adjustment received by a state agency may be recorded as a refund of expenditures upon submission to the secretary of administration of a written explanation of the circumstances under which this adjustment was received which qualify the adjustment to be so recorded. The secretary may waive this requirement. An agency need not have the secretary's approval to expend an amount received as a refund of expenditures, provided that the expenditure is made in accordance with the policies prescribed by DOA. An amount received as a result of an expenditure in one fiscal year may be credited and expended in a subsequent fiscal year. An amount may be credited to and expended from a continuing (nonlapsing) appropriation account such as a program revenue account as well as from a sum certain appropriation account, but not from a sum sufficient appropriation account. If the previously recorded expenditure was made from a sum sufficient appropriation account, the amount is recorded as a credit against expenditures from that account for purposes of the state budget report.
This bill directs DOA to require each state 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.
The bill also permits DOA, upon application of any state agency, to transfer moneys between 2 sum certain appropriations to the agency that are made from the same revenue source for state operations, in order to permit the agency to carry out an information technology development project. ("State operations" excludes aids to or for the benefit of local governments, individuals or organizations and moneys derived from gifts, grants, bequests or federal revenues.) DOA may approve a request if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with its strategic plan for information technology purposes, as approved by DOA.
The bill directs the secretary of administration to submit quarterly reports to JCF concerning appropriation amounts transferred under the bill, together with a description of the purpose for which each transfer was made.
Currently, in most cases, the approval of JCF is required before moneys for state operations may be transferred from one appropriation account to another such account.
This bill permits DOA, upon application of any state agency, to carry over unencumbered moneys in the account for any sum certain appropriation to the agency between successive fiscal years or biennia in order to permit the agency to carry out an information technology development project. DOA may approve a request if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with its strategic plan for information technology purposes, as approved by DOA.
Currently, in most cases, the approval of JCF is required before moneys in a sum certain appropriation account may be carried over between successive fiscal years within a fiscal biennium. Currently, JCF does not have the authority to carry over moneys between fiscal biennia.
Currently, if the governor or the board of regents of the University of Wisconsin (UW) System adjusts program revenue-funded positions or the secretary of administration adjusts authorized expenditures from a program revenue account during the fiscal year immediately preceding any new fiscal biennium, DOA may, within 30 days after the effective date of the biennial budget act, provide a report to JCF indicating any modifications to positions funded from program revenue or funding levels for sum certain appropriations made from program revenue that are necessary to continue into the current fiscal biennium any positions authorized by the governor or board of regents or any funding adjusted by the secretary. If, within 14 working days after receiving the report, JCF does not schedule a meeting to review the report, DOA may make the modifications indicated in the report.
This bill applies this procedure, in addition, to positions funded from general purpose revenue and segregated revenue, other than federal revenue. The bill also applies the procedure to actions of JCF that increase the number of positions or supplement funding for a state agency during the fiscal year preceding the fiscal biennium of the budget act.
Currently, when a gift, grant or bequest is made to a state agency, other than to an agency that is authorized by law to accept it and to expend the proceeds for the purpose of carrying out the programs of the agency, the gift, grant or bequest is not valid until it is approved by JCF. Under this bill, the gift, grant or bequest is valid upon submission of a report by DOA to JCF specifying the source, if known; the amount; and the state agency to which it was directed.
This bill expressly directs DOA to provide interagency mail delivery service and permits DOA to charge state agencies for this service. The bill appropriates to DOA all moneys received from state agencies for providing this service. Currently, the statutes make no mention of this function.
In addition, the bill appropriates to DOA all moneys received from state agencies for the provision of printing services and related items for the purpose of providing those services and items. Currently, DOA provides these services and items under a sum certain appropriation.
Under current law, the building commission has an annual general purpose revenue appropriation for asbestos removal and another for hazardous materials removal. This bill requires that the general purpose revenue funds appropriated under these appropriations be transferred to the state building trust fund.
Under current law, the general fund must repay a loan of $10,000,000 from the local government property insurance fund in 5 annual instalments of $2,000,000 principal plus accrued interest, beginning on June 30, 1995. This bill repeals that provision and requires the secretary of administration to repay from the general fund, on the date on which this bill becomes law, the outstanding balance of the loan without interest, fully discharging the obligation to repay the loan.
State building program
This bill permits DOA to submit a plan to the cochairpersons of JCF and the building commission that provides for consolidating the responsibilities of state agencies relating to capital planning and building construction functions in DOA, to become effective no later than July 1, 1996. The plan may include provision for transfer of full-time equivalent positions relating to capital planning or building construction functions from any state agency to DOA but may not include provision for transfer of any incumbents in positions being transferred. Upon submittal, DOA may implement the plan.
Other state government
Transfer of safety and building regulation functions
Under current law, DILHR is responsible for administering and enforcing state laws regulating employment and state laws regulating safety and buildings. DILHR responsibility for state laws regulating safety and buildings includes state laws relating to the following: building codes; fire safety codes; the safety of workplaces and public buildings; the review and approval of certain building plans, plumbing plans, private sewage system plans and swimming pool plans; the licensing of plumbers and automatic fire sprinkler system fitters; the certification of certain inspectors, including building, plumbing and electrical inspectors; energy efficiency standards for rental units; cigarette smoking in certain buildings; petroleum storage tank cleanup; and private sewage system regulation and rehabilitation. Effective July 1, 1996, this bill transfers the responsibility for administering and enforcing state laws regulating safety and buildings from DILHR to the department of development (DOD), renamed the department of commerce by this bill.
Information technology
This bill creates a state information technology investment fund for the purpose of awarding grants to state agencies for information technology development projects. ("Information technology" means electronic processing, storage and transmission of information using data processing and telecommunications.) Under the bill, DOA may award a grant to a state agency from the fund if DOA determines that a project will permit the effective utilization of information technology by the agency and will be consistent with DOA's existing statutory responsibilities to ensure adequate information technology for agencies and to implement a statewide strategic plan for information technology purposes. DOA is directed to accord priority to financing projects that will effect cost savings, avoid future cost increases or enable improved provision of state services.
The fund consists of moneys derived from a contract administration fee that the bill imposes on most state vendors, as well as moneys received from gifts, grants and bequests and existing revenue sources of state agencies. Under the bill, DOA prescribes the amount of the fee by rule. The fee may vary depending upon a vendor's total annual sales volume with the state in the current or preceding fiscal year. The secretary of administration may waive payment of the fee if the secretary determines that a waiver will enhance competition between prospective vendors or that a waiver is otherwise in the best interest of the state.
The bill permits DOA, with notice to JCF, to transfer moneys from most existing appropriations made to state agencies in order to fund an information technology development project in an amount not greater than the estimated total savings to the state, as determined by the secretary of administration, that will accrue from implementation of the project. In addition, the bill permits DOA to advance moneys from the unappropriated balances of program revenue accounts or any segregated fund to temporarily finance an information technology development project for a program financed with program or segregated revenue if insufficient appropriated program revenue or segregated revenue is available to pay for the project.
Finally, the bill appropriates money from the information technology investment fund for the purpose of subsidizing the payment of interest on loans from state trust funds obtained by school districts, technical college districts or consortia consisting of 2 or more of them for the purpose of undertaking a distance education project (employing 2-way interactive telecommunications technology designed to provide access to education regardless of the location of a teacher or student). A subsidy is available only to pay that portion of the interest cost on such a loan generated by the first 2 points of the annual interest rate applicable to that loan. No subsidized loan may be made for a term of more than 5 years.
The bill also creates a division of technology management in DOA, which carries out information technology planning, coordination, development and management functions of DOA, most of which are provided under existing law.
In connection with these functions, the bill transfers administration of the judicial automated information systems from the director of state courts to DOA, to be operated in conjunction with the director of state courts, public defender board and district attorneys. The bill also transfers from the department of justice (DOJ) to DOA the operational responsibility for the transaction information for the management of enforcement system, which provides information to law enforcement agencies concerning law enforcement. Under the bill, DOJ continues to administer the system.
Currently, if a state agency wishes to change the number of authorized full-time equivalent (FTE) positions of the agency funded from program revenue, other than by law or through the budget process, the agency may request the governor to change the number of authorized FTE positions of the agency. The governor may approve the request, subject to the concurrence of JCF.
This bill permits the secretary of administration to transfer FTE positions from state agencies to DOA, together with the incumbents in those positions, for the purpose of providing information technology services to the agencies, without approval of the governor or JCF. The bill requires the secretary to promptly report to the cochairpersons of JCF the numbers and types of any positions transferred under the bill, and the effective date of any position transfer.
The bill also expressly permits DOA to charge agencies for computer services provided to them and appropriates all program revenue received by DOA from state agencies, local governments and private sector entities for the provision of information technology services, to be used for the purpose of providing those services to those agencies, governments and entities.
In addition, the bill permits DOA to submit a plan to the cochairpersons of JCF that provides for consolidating the functions of all state agencies relating to information technology implementation, support and management in DOA, to become effective no later than July 1, 1996. The plan may include provision for transfer of full-time equivalent positions relating to information technology implementation, support and management functions from any state agency to DOA, but may not include provision for transfer of any incumbents in the positions being transferred. Upon submittal, DOA may implement the plan.
Finally, the bill exempts all purchases by the division of technology management from state procurement requirements that include, with certain exceptions, requirements to make most purchases with public notice by bid or competitive sealed proposal, to grant certain preferences to minority-owned businesses and Wisconsin-based businesses and to purchase certain materials and services from prison industries.
This bill requires the board of regents of the University of Wisconsin (UW) System to purchase all computer services from the division of information technology services in DOA unless the division grants written authorization to the board to procure those services under general state procurement procedures, to procure those services from another state agency or to provide those services to itself. Currently, the board is authorized but not required to purchase computer services from the division.
The bill also permits DOA to submit to the cochairpersons of JCF a plan that provides for the transfer, no later than July 1, 1997, of any functions of the board of regents relating to its information technology processing functions to DOA. The plan may not include provision for transfer of any positions or incumbents. Upon submittal, DOA may implement the plan.
Transfer of state document functions
This bill permits DOA to submit a plan to the cochairpersons of JCF that provides for consolidating the responsibilities of state agencies in the executive branch of government primarily related to their document production, reproduction and distribution functions in DOA, to become fully effective no later than July 1, 1997. The plan may include provision for transfer of full-time equivalent positions and incumbents in those positions from any state agency to DOA. If any incumbents are transferred, their rights under civil service and collective bargaining laws are protected. The plan may also include provision for transfer of any such responsibilities from a state agency in the legislative or judicial branch of government to DOA, if the agency requests such a transfer.
The bill also permits the secretary of administration to transfer an amount equal to the savings to the state effected during the 1995-97 fiscal biennium as a result of the centralization of state document production, reproduction or distribution functions in DOA, as determined by the secretary, from any appropriation account of a state agency, other than a sum sufficient appropriation account, that is used to finance these functions to the information technology investment fund, as created by the bill.
