2001 Wisconsin Act 109

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:

109,72fL Section 72fL. 22.03 (2m) (a) to (h) of the statutes, as affected by 2001 Wisconsin Act 16, are renumbered 16.971 (2m) (a) to (h).

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.

109,72fp Section 72fp. 22.05 (title) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.972 (title) and amended to read:

16.972 (title) Powers of the department division.

109,72fq Section 72fq. 22.05 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.972 (1).

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.

109,72frm Section 72frm. 22.05 (2) (e) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.972 (2) (e).

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.

109,72ft Section 72ft. 22.05 (2) (h) and (i) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.972 (2) (h) and (i).

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.

109,72fv Section 72fv. 22.07 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.973 (3).

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).

109,72fx Section 72fx. 22.07 (9) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.973 (9).

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.

109,72fz Section 72fz. 22.09 (5) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.974 (5).

109,72fza Section 72fza. 22.11 of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.975 and amended to read:

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.

109,72fzb Section 72fzb. 22.13 (title) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (title).

109,72fzc Section 72fzc. 22.13 (1) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (1) and amended to read:

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).

109,72fzd Section 72fzd. 22.13 (2) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (2).

109,72fze Section 72fze. 22.13 (3) to (6) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.976 (3) to (6) and amended to read:

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.

109,72fzf Section 72fzf. 22.15 (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.977 (intro.) and amended to read:

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:

109,72fzg Section 72fzg. 22.15 (1) to (3) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.977 (1) to (3).

109,72fzh Section 72fzh. 22.17 (title) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.978 (title).

109,72fzi Section 72fzi. 22.17 (1) to (4) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.978 (1) to (4) and amended to read:

16.978 (1) The board shall provide the chief information officer administrator with its recommendations concerning any elements of the strategic plan of an executive branch agency that are referred to the board under s. 22.13 16.976 (3).

(2) The board may advise the chief information officer administrator with respect to management of the information technology portfolio of state government under s. 22.15 16.977.

(3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer administrator under this chapter affecting that agency. Upon review, the board may affirm, modify, or set aside the decision. If the board modifies or sets aside the decision of the chief information officer administrator, the decision of the board stands as the decision of the chief information officer administrator and the decision is not subject to further review or appeal.

(4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the chief information officer administrator or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer administrator or agencies concerning appropriate means of attaining those goals.

109,72fzj Section 72fzj. 22.19 of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.9785 and amended to read:

16.9785 Purchases of computers by teachers. The department division shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department division shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

109,72fzk Section 72fzk. 22.41 (title) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (title).

109,72fzL Section 72fzL. 22.41 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (2) (intro.) and amended to read:

16.979 (2) Powers and duties. (intro.) The department division shall ensure maximum utility, cost-benefit and operational efficiency of all telecommunications systems and activities of this state, and those which interface with cities, counties, villages, towns, other states and the federal government. The department division, with the assistance and cooperation of all other agencies, shall:

109,72fzm Section 72fzm. 22.41 (2) (a) to (f) of the statutes, as affected by 2001 Wisconsin Act 16, are renumbered 16.979 (2) (a) to (f).

109,72fzn Section 72fzn. 22.41 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (3) and amended to read:

16.979 (3) Private college and university participation in state telecommunications network. The department division may allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by the department division.

109,72h Section 72h. 23.09 (3) (b) of the statutes is amended to read:

23.09 (3) (b) If the department and the board of regents of the University of Wisconsin System enter into an agreement to create a faculty position at the University of Wisconsin-Madison for a forest landscape ecologist, the department and the University of Wisconsin-Madison shall develop an annual work plan for the ecologist. In developing the annual work plan, the department shall consult with the governor's council on forestry created by executive order under s. 14.019.

109,72k Section 72k. 23.0917 (7) (e) of the statutes is amended to read:

23.0917 (7) (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department two appraisals if the department estimates that the fair market value of the land exceeds $200,000 one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). This paragraph does not apply if the fair market value of the land is estimated by the department to be $200,000 or less.

109,72L Section 72L. 23.10 (1m) of the statutes is created to read:

23.10 (1m) The department shall designate a conservation warden as the chief warden and may designate one or more deputy chief wardens. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921. The chief warden shall designate an employee of the department as an internal affairs officer to investigate complaints against conservation wardens when the chief warden determines an investigation is necessary and shall designate an employee of the department as a complaint officer to resolve complaints against conservation wardens.

109,72m Section 72m. 23.155 of the statutes is created to read:

23.155 Contracts to sell or exchange state-owned land under the jurisdiction of the department. (1) In this section, "department land" means an area of land that is owned by the state, that is under the jurisdiction of the department, and that is used for one of the purposes described in s. 23.09 (2) (d) 1., 2., 3., 6., 7., 8., 10., 11., 12., 13., 14., 15., or 16.

(2) The department may not enter into a contract to sell or exchange department land that has a fair market value in excess of $75,000 unless the department first notifies the joint committee on finance in writing of the proposed contract. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract. If, within 14 working days after receiving the notification from the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract only on the approval of the committee.

(3) The joint committee on finance may approve a contract under sub. (2) to sell department land only if the committee determines that the level of reimbursement to be received by the state adequately reimburses the state for its cost in acquiring and developing the department land. The joint committee on finance may approve a contract under sub. (2) to exchange department land for other land only if the committee determines that the value of the land to be received by the state in the exchange adequately reflects the state's cost in acquiring and developing the department land.

(4) The approval process under subs. (2) and (3) is in addition to any approval process that may apply to the sale or exchange of the department land under s. 13.48 (14) (d).

109,72p Section 72p. 23.197 (6g) of the statutes is created to read:

23.197 (6g) Plover River; conservation easements. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in the amount of $250,000 to acquire conservation easements along the Plover River in Marathon County and Portage County. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for land acquisition.

109,72t Section 72t. 23.22 of the statutes is created to read:

23.22 Invasive species. (1) Definitions. In this section:

(a) "Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.

(b) "Council" means the invasive species council.

(c) "Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.