Wisconsin Legislature: 109,20n

16.423 Base budget review reports. (1) In this section, "state agency" has the meaning given in s. 20.001 (1).

(2) (a) During the 2001-03 fiscal biennium, the secretary shall require that one-third of all state agencies submit a report no later than September 15, 2002, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

(b) During the 2003-05 fiscal biennium, the secretary shall require that 50% of the state agencies that did not submit a report under par. (a) submit a report no later than September 15, 2004, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

(c) During the 2005-07 fiscal biennium, the secretary shall require that all state agencies created on or before September 15, 2006, that did not submit a report under par. (a) or (b) submit submit a report no later than September 15, 2006, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

(d) Beginning in the 2005-07 fiscal biennium, the secretary shall require that any state agency created after September 15, 2006, submit a report no later than the September 15 in the even-numbered year that first occurs after the state agency is created, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

(3) A report submitted under this section shall contain at least all of the following:

(a) A description of each programmatic activity of the state agency.

(b) For each programmatic activity of the state agency, an accounting of all expenditures, arranged by revenue source and the categories specified in sub. (4), in each of the prior 3 fiscal years.

(c) For each programmatic activity of the state agency, an accounting of all expenditures, arranged by revenue source and the categories specified in sub. (4), in the last 2 quarters in each of the prior 3 fiscal years.

(4) The secretary shall develop categories for state agencies to use for the purpose of organizing the expenditure information that is required under sub. (3) (b) and (c).

109,17s Section 17s. 16.43 of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 22.13 16.976.

109,17st Section 17st. 16.46 (5g) of the statutes is created to read:

16.46 (5g) A summary of the information submitted to the department by state agencies under s. 16.423.

109,17u Section 17u. 16.501 (2) of the statutes is amended to read:

16.501 (2) Forward Wisconsin, Inc., shall expend funds appropriated under s. 20.143 (1) (bm) and (bp) in adherence with the uniform travel schedule amounts approved under s. 20.916 (8). Forward Wisconsin, Inc., may not expend funds appropriated under s. 20.143 (1) (bm) or (bp) on entertainment, foreign travel, or payments to persons not providing goods or services to Forward Wisconsin, Inc., or for other purposes prohibited by contract between Forward Wisconsin, Inc., and the department.

109,17v Section 17v. 16.501 (2) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

109,18e Section 18e. 16.505 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.505 (1) (intro.) Except as provided in subs. (2), (2m), (2n), and (2p), and (3m), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

109,18r Section 18r. 16.505 (3m) of the statutes is created to read:

16.505 (3m) (a) Annually, after July 1 but before August 1, each executive branch agency shall submit a report to the secretary identifying each position for that agency that became vacant during the preceding fiscal year.

(b) In any fiscal year, no executive branch agency may fill more than 80% of the total number of full-time equivalent positions for that agency that became vacant during the preceding fiscal year and were identified in the report submitted to the secretary under par. (a).

(c) Notwithstanding s. 16.50 (1), the secretary shall require each executive branch agency to submit expenditure estimates for the filling of all vacant full-time equivalent positions during each fiscal year and shall withhold approval of any expenditure estimate for the filling of a position that is inconsistent with the prohibition under par. (b) .

(d) 1. In each fiscal year, the secretary shall abolish all vacant positions that may not be filled under par. (b) and shall identify the appropriations from which these abolished positions are funded.

2. From each sum certain appropriation of general purpose revenue identified in subd. 1., the secretary of administration shall lapse to the general fund the amount specified in subd. 1. for that appropriation. After the secretary makes the lapse, each sum certain appropriation is decreased by the amount specified in subd. 1. for that appropriation.

3. For each sum sufficient appropriation of general purpose revenue identified in subd. 1. the expenditure estimate for the appropriation is reestimated to subtract the amount specified in subd. 1. for that appropriation.

4. For each sum certain program revenue or program revenue-service appropriation identified in subd. 1., the secretary of administration shall decrease the appropriation by the amount specified in subd. 1. for that appropriation.

5. From each appropriation of segregated fund revenues or segregated fund revenues — service identified in subd. 1., the secretary shall lapse to the underlying fund the amount specified in subd. 1. for that appropriation. After the secretary makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in subd. 1. for that appropriation and the expenditure estimate for each of the appropriations that are not sum certain appropriations is reestimated to subtract the amount specified in subd. 1. for that appropriation.

109,20n Section 20n. 16.61 (2) (af) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.61 (2) (af) "Form" has the meaning specified in s. 22.01 16.97 (5p).

109,20p Section 20p. 16.61 (3n) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 22.03 16.971 (2m).

109,20pm Section 20pm. 16.70 (3m) of the statutes is amended to read:

16.70 (3m) "Educational technology" has the meaning given in s. 44.70 (3) 115.997 (3).

109,20q Section 20q. 16.70 (4m) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

16.70 (4m) "Information technology" has the meaning given in s. 22.01 16.97 (6).

109,20r Section 20r. 16.70 (15) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

16.70 (15) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).

109,20sa Section 20sa. 16.705 (2m) of the statutes is created to read:

16.705 (2m) The department shall review each proposed contract for contractual services that provides for expenditure of more than $150,000 or which the department estimates will result in expenditure of more than $150,000 to determine whether the expenditures to be made under the contract will be efficient and cost-effective. The secretary shall file a report with the cochairpersons of the joint committee on finance no later than March 1 of each odd-numbered year concerning its determinations issued during the biennium ending on the preceding December 31.

109,20sb Section 20sb. 16.71 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.71 (1) Except as otherwise required under this section and s. 16.78 or as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. No delegation has the effect of exempting any proposed contract for contractual services from review under s. 16.705. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.

109,20sc Section 20sc. 16.71 (1m) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the chief information officer administrator of the division of electronic government. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the chief information officer administrator of the division of electronic government.

109,20sd Section 20sd. 16.71 (2m) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

109,20se Section 20se. 16.71 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.71 (4) With the approval of the department of electronic government, the The department of administration shall delegate authority to the technology for educational achievement in Wisconsin board department of public instruction to make purchases of educational technology equipment for use by school districts, cooperative educational service agencies and public educational institutions in this state, upon request of the board department of public instruction.

109,20t Section 20t. 16.72 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.72 (2) (a) The department of administration shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common. Any specifications for the purchase of materials, supplies, equipment, or contractual services for information technology or telecommunications purposes are subject to the approval of the chief information officer administrator of the division of electronic government.

109,20tf Section 20tf. 16.72 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.72 (2) (b) Except as provided in par. (a) and ss. 16.25 (4) (b), 16.751 and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

109,20tm Section 20tm. 16.72 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.72 (4) (a) Except as provided in ss. 16.71 and s. 16.74 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the department of electronic government, the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.

109,20tn Section 20tn. 16.72 (8) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.72 (8) The department may purchase educational technology materials, supplies, equipment or contractual services from orders placed with the department by the technology for educational achievement in Wisconsin board department of public instruction on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.

109,20ts Section 20ts. 16.75 (3t) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 22.01 16.97 (5p).

109,20u Section 20u. 16.75 (6) (am) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.75 (6) (am) Subsections (1) and (3t) do not apply to procurements by the department division of electronic government. Annually not later than October 1, the department division of electronic government shall report to the department of administration secretary, in the form specified by the secretary, concerning all procurements by the department of electronic government division during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).

109,20uc Section 20uc. 16.752 (12) (i) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.752 (12) (i) Paragraph (a) does not apply to procurements by the department division of electronic government.

109,20uL Section 20uL. 16.78 of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

16.78 Purchases from department division of electronic government. (1) Every agency other than the board of regents of the University of Wisconsin System and or or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department division of electronic government, unless the department division of electronic government requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 22.05 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department division of electronic government.

(2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of materials, supplies, equipment, or contractual services by any agency from the department division of electronic government under sub. (1).

109,20v Section 20v. 16.85 (10m) of the statutes is created to read:

16.85 (10m) To investigate the potential to incorporate and use distributed generation units in any state building project that is expected to involve an expenditure of $5,000,000 or more in connection with the planning process for the long-range state building program under sub. (10). In conducting its investigation, the department shall consider the cost effectiveness of such use, the potential for such use to increase statewide power generation capacity, and the potential for cost savings to be realized by the state from such use. The department shall report the results of its investigation, together with its recommendations and the reasons therefor, to the building commission prior to consideration of the project by the commission. In this subsection, "distributed generation unit" means any form of energy generation that may be used by electric consumers for the generation of electric power.

109,23c Section 23c. Subchapter VII (title) of chapter 16 [precedes s. 16.97] of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

CHAPTER 16

SUBCHAPTER VII
EDUCATIONAL TECHNOLOGY
ELECTRONIC GOVERNMENT

109,23d Section 23d. 16.97 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed and recreated to read:

16.97 Definitions. In this subchapter:

(1) "Administrator" means the administrator of the division.

(5) "Division" means the division of electronic government.

109,23f Section 23f. 16.974 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

109,23m Section 23m. 16.974 (1), (2) and (3) of the statutes, as affected by 2001 Wisconsin Act 16, are renumbered 16.971 (13), (14) and (15) and amended to read:

16.971 (13) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide secured correctional facilities, as defined in s. 44.70 (3r) 115.997 (3r), school districts and cooperative educational service agencies with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

(14) Subject to s. 44.73 (5), coordinate Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private colleges, technical college districts, public library boards and public library systems with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

(15) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private schools with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

109,23n Section 23n. 16.974 (4) of the statutes, as affected by 2001 Wisconsin Acts 16 and 57, is renumbered 16.971 (16) and amended to read:

16.971 (16) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

109,23no Section 23no. 19.36 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

19.36 (4) Computer programs and data. A computer program, as defined in s. 22.03 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.

109,23p Section 23p. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

(4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

(a) The person's name appears.

(b) A photograph or drawing of the person appears.