1. Active service in the national guard or the state defense force under an order of the governor issued under this chapter or active service in the national guard under
32 USC 502 (f) that is not considered to be service in the uniformed services.
109,72ep
Section 72ep. 21.80 (1) (a) 2. of the statutes is created to read:
21.80 (1) (a) 2. Active service with the state laboratory of hygiene under s. 36.25 (11) (em) for the purpose of assisting the department of health and family services under s. 250.042 during a state of emergency relating to public health declared by the governor under s. 166.03 (1) (b) 1.
21.80 (3) (a) 4. The person's
In the case of active service in the national guard or the state defense force, the active service has not been terminated under other than honorable conditions.
21.80 (3) (c) 1. Any period of active service, as defined in sub. (1) (a) 1., beyond that 5-year period that is required to complete an initial period of obligated active service.
21.80 (3) (c) 2. Any period of active service, as defined in sub. (1) (a) 1., for which the person, through no fault of the person's own, was unable to obtain orders releasing the person from a period of active service before the expiration of the 5-year period.
21.80 (3) (c) 3. Any period of active service, as defined in sub. (1) (a) 1., that was performed to fulfill any additional training requirements determined and certified in writing by the federal secretary of the army, the federal secretary of the air force, or the adjutant general to be necessary for professional development or for completion of skill training or retraining.
21.80 (3) (f) 1. A person who submits an application for reemployment under par. (e) 2. or 3. must, on the request of the person's employer, provide to the employer documentation to establish that the application was submitted within the time limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences from employment with the employer because of active service or service in the uniformed services does not, except as permitted under par. (c), exceed 5 years, and, in the case of active service in the national guard or the state defense force, that the person's service was not terminated under other than honorable conditions.
109,72fbm
Section 72fbm. 22.01 (intro.) of the statutes is repealed.
109,72fc
Section 72fc. 22.01 (1), (2), (2m), (3) and (4) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.97 (1m), (2), (2m), (3) and (4).
16.971 (title) Responsibilities of department division.
109,72fg
Section 72fg. 22.03 (2) (intro.), (a) and (ae) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (2) (intro.), (a) and (ae) and amended to read:
16.971 (2) (intro.) The department
division shall:
(a) Ensure that an adequate level of information technology services is made available to all agencies by providing systems analysis and application programming services to augment agency resources, as requested. The department division shall also ensure that executive branch agencies, other than the board of regents of the University of Wisconsin System, make effective and efficient use of the information technology resources of the state. The department division shall, in cooperation with agencies, establish policies, procedures and planning processes, for the administration of information technology services, which executive branch agencies shall follow. The policies, procedures and processes shall address the needs of agencies, other than the board of regents of the University of Wisconsin System, to carry out their functions. The department division shall monitor adherence to these policies, procedures and processes.
(ae) 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 department division rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The department's division's rejection of any form is appealable to the public records board. If the head of an agency certifies to the department division that the form is needed on a temporary basis, approval by the department division is not required.
109,72fi
Section 72fi. 22.03 (2) (L) to (m) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (2) (L) to (m) and amended to read:
16.971 (2) (L) Require each executive branch agency, other than the board of regents of the University of Wisconsin System, to adopt and submit to the department division, in a form specified by the department division, no later than March 1 of each year, a strategic plan for the utilization of information technology to carry out the functions of the agency in the succeeding fiscal year for review and approval under s. 22.13 16.976.
(Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency, other than the board of regents of the University of Wisconsin System, that receives funding under that act for an information technology development project to file with the department division an amendment to its strategic plan for the utilization of information technology under par. (L). The amendment shall identify each information technology development project for which funding is provided under that act and shall specify, in a form prescribed by the chief information officer administrator, the benefits that the agency expects to realize from undertaking the project.
(m) Assist in coordination and integration of the plans of executive branch agencies relating to information technology approved under par. (L) and, using these plans and the statewide long-range telecommunications plan under s. 22.41 16.979 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The department division shall, no later than September 15 of each even-numbered year, submit the statewide strategic plan to the cochairpersons of the joint committee on information policy and technology and the governor.
109,72fk
Section 72fk. 22.03 (2m) (intro.) of the statutes, as affected by
2001 Wisconsin Act 16, is renumbered 16.971 (2m) (intro.) and amended to read:
16.971 (2m) (intro.) The following forms are not subject to review or approval by the department division:
109,72fm
Section 72fm. 22.03 (3) and (4) (a) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (3) and (4) (a) and amended to read:
16.971 (3) (a) The chief information officer administrator shall notify the joint committee on finance in writing of the proposed acquisition of any information technology 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 chief information officer administrator that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the officer's administrator's notification, the department division may approve acquisition of the resource. If, within 14 working days after the date of the officer's administrator's notification, the cochairpersons of the committee notify the officer administrator 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 chief information officer administrator shall promptly notify the joint committee on finance in writing of the proposed acquisition of any information technology 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.
(4) (a) The department division may license or authorize executive branch agencies to license computer programs developed by executive branch agencies to the federal government, other states and municipalities. Any agency other than an executive branch agency may license a computer program developed by that agency to the federal government, other states and municipalities.
109,72fn
Section 72fn. 22.03 (4) (b) and (c) and (6) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (4) (b) and (c) and (6).
109,72fo
Section 72fo. 22.03 (9) and (11) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (9) and (11) and amended to read:
16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the department of electronic government division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.530 20.505 (1) (ja), (kp) and (kq). The department of electronic government division shall annually report to the legislature under s. 13.172 (2) concerning the department's division's efforts to improve and increase the efficiency of integration of justice information systems.
(11) The department division may charge executive branch agencies for information technology development and management services provided to them by the department division under this section.
16.972 (title) Powers of the department division.
109,72fr
Section 72fr. 22.05 (2) (intro.) and (a) to (d) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.972 (2) (intro.) and (a) to (d) and amended to read:
16.972 (2) (intro.) The department
division may:
(a) Provide such telecommunications services to agencies as the department division considers to be appropriate.
(b) Provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos, as the department division considers to be appropriate and as the department division can efficiently and economically provide. The department division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department division may charge local governmental units, the broadcasting corporation, and qualified private schools, postsecondary institutions, museums and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the chief information officer administrator. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.
(c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the department division considers to be appropriate and as the department division can efficiently and economically provide. The department division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department division may charge agencies, local governmental units and entities in the private sector for services provided to them under this paragraph in accordance with a methodology determined by the chief information officer administrator.
(d) Undertake such studies, contract for the performance of such studies, and appoint such councils and committees for advisory purposes as the department division considers appropriate to ensure that the department's division's plans, capital investments and operating priorities meet the needs of agencies local governmental units and entities in the private sector served by the department division. The department division may compensate members of any council or committee for their services and may reimburse such members for their actual and necessary expenses incurred in the discharge of their duties.
109,72fs
Section 72fs. 22.05 (2) (f) and (g) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.972 (2) (f) and (g) and amended to read:
16.972 (2) (f) Acquire, operate, and maintain any information technology equipment or systems required by the department division to carry out its functions, and provide information technology development and management services related to those information technology systems. The department division may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of equipment or systems acquired, operated, maintained, or provided or services provided under this paragraph in accordance with a methodology determined by the chief information officer administrator. The department division may also charge any agency for such costs as a component of any services provided by the department division to the agency.
(g) Assume direct responsibility for the planning and development of any information technology system in the executive branch of state government outside of the University of Wisconsin System that the chief information officer administrator determines to be necessary to effectively develop or manage the system, with or without the consent of any affected executive branch agency. The department division may charge any executive branch agency for the department's division's reasonable costs incurred in carrying out its functions under this paragraph on behalf of that agency.
109,72fu
Section 72fu. 22.07 (intro.), (1) and (2) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.973 (intro.), (1) and (2) and amended to read:
16.973 Duties of the department division. (intro.) The department division shall:
(1) Provide or contract with a public or private entity to provide computer services to agencies. The department division may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the chief information officer administrator.
(2) Promulgate methodologies for establishing all fees and charges established or assessed by the department division or the chief information officer administrator under this chapter.
109,72fw
Section 72fw. 22.07 (4) to (8) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.973 (4) to (8) and amended to read:
16.973 (4) Ensure responsiveness to the needs of agencies for delivery of high-quality information technology processing services on an efficient and economical basis, while not unduly affecting the privacy of individuals who are the subjects of the information being processed by the department division.
(5) Utilize all feasible technical means to ensure the security of all information submitted to the department division for processing by agencies, local governmental units and entities in the private sector.
(6) With the advice of the ethics board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department
division shall not require its paid consultants to file statements of economic interests.
(7) Prescribe and revise as necessary performance measures to ensure financial controls and accountability, optimal personnel utilization, and customer satisfaction for all information technology functions in the executive branch outside of the University of Wisconsin System and annually, no later than March 31, report to the joint committee on information policy and technology and the board concerning the performance measures utilized by the department division and the actual performance of the department division and the executive branch agencies measured against the performance measures then in effect.
(8) Offer the opportunity to local governmental units to voluntarily obtain computer or supercomputer services from the department division when those services are provided under s. 22.05 16.972 (2) (b) or (c), and to voluntarily participate in any master contract established by the department division under s. 22.05 16.972 (2) (h) or in the use of any informational system or device provided by the department division under 22.09 (3) 16.971 (15).
109,72fy
Section 72fy. 22.09 (intro.) and (1) to (3) of the statutes, as created by
2001 Wisconsin Act 16, are renumbered 16.974 (intro.) and (1) to (3) and amended to read:
16.974 Powers of the chief information officer administrator. (intro.) The chief information officer administrator may:
(1) Establish and collect assessments and charges for all authorized services provided by the department division, subject to applicable agreements under sub. (2).
(2) Subject to s. 22.05 16.972 (2) (b), enter into and enforce an agreement with any agency, any authority, any unit of the federal government, any local governmental unit, or any entity in the private sector to provide services authorized to be provided by the department department to that agency, authority, unit, or entity at a cost specified in the agreement.
(3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, or entities in the private sector, or otherwise permitting the transaction of business by agencies, authorities, local governmental units, or entities in the private sector by means of electronic communication. The chief information officer administrator may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the officer administrator. The chief information officer administrator may also charge any agency, authority, local governmental unit, or entity in the private sector for such costs as a component of any services provided by the department division to that agency, authority, local governmental unit, or entity.
16.975 Access to information. The
department division shall withhold from access under s. 19.35 (1) all information submitted to the department division by agencies, authorities, units of the federal government, local governmental units or entities in the private sector for the purpose of processing. The department division may not process such information without the consent of the agency, authority, unit or other entity which submitted the information and may not withhold such information from the agency, authority, unit or other entity or from any other person authorized by the agency, authority, unit or entity to have access to the information. The agency, authority, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the department division and access to such information by that agency, authority, unit or entity or any other person shall be determined by that agency, authority, unit or other entity and in accordance with law.
16.976 (1) As a part of each proposed strategic plan submitted under s. 22.03 16.971 (2) (L), the department division shall require each executive branch agency to address the business needs of the agency and to identify all proposed information technology development projects that serve those business needs, the priority for undertaking such projects, and the justification for each project, including the anticipated benefits of the project. Each proposed plan shall identify any changes in the functioning of the agency under the plan. In each even-numbered year, the plan shall include identification of any information technology development project that the agency plans to include in its biennial budget request under s. 16.42 (1).
16.976 (3) Following receipt of a proposed strategic plan from an executive branch agency, the chief information officer administrator shall, before June 1, notify the agency of any concerns that the officer administrator may have regarding the plan and provide the agency with his or her recommendations regarding the proposed plan. The chief information officer administrator may also submit any concerns or recommendations regarding any proposed plan to the board for its consideration. The board shall then consider the proposed plan and provide the chief information officer administrator with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.
(4) Before June 15, the chief information officer administrator shall consider any recommendations provided by the board under sub. (3) and shall then approve or disapprove the proposed plan in whole or in part.
(5) No executive branch agency, other than the board of regents of the University of Wisconsin System, may implement a new or revised information technology development project authorized under a strategic plan until the implementation is approved by the chief information officer administrator in accordance with procedures prescribed by the officer administrator.
(6) The department division shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.
16.977 Information technology portfolio management. (intro.) With the assistance of executive branch agencies and the advice of the board, the department division shall manage the information technology portfolio of state government in accordance with a management structure that includes all of the following:
