Subchapter VII
Information Educational
Technology
16,346
Section
346. 16.97 (intro.) of the statutes is renumbered 22.01 (intro.) and amended to read:
22.01 Definitions. (intro.) In this subchapter chapter:
16,347
Section
347. 16.97 (1) to (9) of the statutes are renumbered 22.01 (1) to (9).
16,348
Section
348. 16.97 (10) of the statutes is renumbered 16.97 and amended to read:
16.97 Definition. "Telecommunications" means the electronic movement of information in any form from one point to another In this subchapter, "telecommunications" has the meaning given in s. 22.01 (10).
16,349
Section
349. 16.971 (title) of the statutes is renumbered 22.03 (title).
16,350
Section
350. 16.971 (1) of the statutes is repealed.
16,351
Section
351. 16.971 (1m) of the statutes is renumbered 22.03 (2) (a) and amended to read:
22.03 (2) (a) The department shall ensure 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 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 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 shall monitor adherence to these policies, procedures and processes.
16,352
Section
352. 16.971 (2) (intro.) of the statutes is renumbered 22.03 (2) (intro.) and amended to read:
22.03 (2) (intro.) The division department shall:
16,353
Section
353. 16.971 (2) (a) of the statutes is renumbered 22.03 (2) (ae) and amended to read:
22.03 (2) (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 division department rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The division's
department's rejection of any form is appealable to the public records board. If the head of an agency certifies to the division department that the form is needed on a temporary basis, approval by the division department is not required.
16,354
Section
354. 16.971 (2) (am) to (k) of the statutes are renumbered 22.03 (2) (am) to (k).
16,355
Section
355. 16.971 (2) (L) to (m) of the statutes are renumbered 22.03 (2) (L) to (m) and amended to read:
22.03 (2) (L) Require each executive branch agency
, other than the board of regents of the University of Wisconsin System, to adopt, revise biennially, and submit for its approval, to the department, in a form specified by the department, 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. As a part of each plan, the 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 plan shall identify any changes in the functioning of the agency under the plan. The division shall consult with the joint committee on information policy and technology in providing guidance for and scheduling of planning by executive branch agencies in the succeeding fiscal year for review and approval under s. 22.13.
(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 division department 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 secretary chief information officer, 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. 16.99 22.41 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The division department 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.
16,355m
Section 355m. 16.971 (2) (n) of the statutes is renumbered 22.03 (2) (n)
and amended to read:
22.03 (2) (n) Maintain an information technology resource center to provide appropriate technical assistance and training to small agencies. If funding is made available to the ethics board under this paragraph, the department shall permit the ethics board to utilize the funding to procure technical assistance or training from any source .
16,356
Section
356. 16.971 (2m) of the statutes is renumbered 22.03 (2m).
16,357ab
Section 357ab. 16.971 (3) of the statutes is renumbered 22.03 (3) and amended to read:
22.03 (3) (a) The secretary chief information officer shall notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department 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 secretary
chief information officer that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the secretary's officer's notification, the department may approve acquisition of the resource. If, within 14 working days after the date of the secretary's officer's notification, the cochairpersons of the committee notify the secretary
officer that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition, the department shall not approve acquisition of the resource unless the acquisition is approved by the committee.
(b) The secretary chief information officer shall promptly notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department 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.
16,358
Section
358. 16.971 (4) of the statutes is renumbered 22.03 (4).
16,358m
Section
358m. 16.971 (6) of the statutes is renumbered 22.03 (6).
16,359
Section
359. 16.971 (9) of the statutes is renumbered 22.03 (9) and amended to read:
22.03 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division department of electronic government 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. 20.505 20.530 (1) (ja), (kp) and (kq). The division department of electronic government shall annually report to the legislature under s. 13.172 (2) concerning the division's department's efforts to improve and increase the efficiency of integration of justice information systems.
16,360
Section
360. 16.971 (11) of the statutes is renumbered 22.03 (11) and amended to read:
22.03 (11) The division department may charge executive branch agencies for information technology development and management services provided to them by the division department under this section.
16,361
Section
361. 16.973 (title) of the statutes is renumbered 22.05 (title) and amended to read:
22.05 (title) Powers of the division of information technology services department.
16,362
Section
362. 16.973 (1) (intro.) and (b) to (d) of the statutes are renumbered 22.05 (1) (intro.) and (b) to (d).
16,363
Section
363. 16.973 (1) (a) of the statutes is renumbered 22.05 (1) (ag).
16,364
Section
364. 16.973 (2) (intro.) and (a) to (d) of the statutes are renumbered 22.05 (2) (intro.) and (a) to (d) and amended to read:
22.05 (2) (intro.) The division of information technology services department may:
(a) Provide such telecommunications services to agencies as the division department 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 division department considers to be appropriate and as the
division department can efficiently and economically provide. The division department 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 division department 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 secretary chief information officer. 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 division 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 division department considers to be appropriate and as the division department can efficiently and economically provide. The division department 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 division department 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 secretary chief information officer.
(d) Undertake such studies, contract for the performance of such studies, and appoint such councils and committees for advisory purposes as the division
department considers appropriate to ensure that the division's department's plans, capital investments and operating priorities meet the needs of state government and of agencies and of local governmental units and entities in the private sector served by the division department. The division department 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.
16,365
Section
365. 16.973 (2) (e) of the statutes is renumbered 22.05 (2) (e).
16,366
Section
366. 16.974 (intro.) of the statutes is amended to read:
16.974 Duties of the division of information technology services department. (intro.) The division of information technology services department shall:
16,367
Section
367. 16.974 (1) of the statutes is renumbered 22.07 (1) and amended to read:
22.07 (1) Provide or contract with a public or private entity to provide computer services to agencies. The division department may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the secretary chief information officer.
16,368
Section
368. 16.974 (3) of the statutes is renumbered 22.07 (3).
16,369
Section
369. 16.974 (4) to (6) of the statutes are renumbered 22.07 (4) to (6) and amended to read:
22.07 (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 division department.
(5) Utilize all feasible technical means to ensure the security of all information submitted to the division department 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 division
department shall not require its paid consultants to file statements of economic interests.
16,370
Section
370. 16.974 (7) (a) of the statutes is renumbered 16.974 (1) and amended to read:
16.974 (1) Coordinate with the technology for educational achievement in Wisconsin board to provide secured correctional facilities, as defined in s. 44.70 (3r), school districts and cooperative educational service agencies with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.
16,371b
Section 371b. 16.974 (7) (b) to (d) of the statutes are renumbered 16.974 (2) to (4)
, and 16.974 (4), as renumbered, is amended to read:
16.974 (4) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.
16,372
Section
372. 16.975 of the statutes is renumbered 22.11 and amended to read:
22.11 Access to information. The division of information technology services department shall withhold from access under s. 19.35 (1) all information submitted to the division department by agencies, authorities, units of the federal government, local governmental units or entities in the private sector for the purpose of processing. The division department 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 division department 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.
16,373
Section
373. 16.979 of the statutes is renumbered 16.006.
16,374
Section
374. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is repealed.
16,375
Section
375. 16.99 (title) of the statutes is renumbered 22.41 (title).
16,376
Section
376. 16.99 (1) of the statutes is repealed.
16,377
Section
377. 16.99 (2) (intro.) and (a) of the statutes are renumbered 22.41 (2) (intro.) and (a) and amended to read:
22.41 (2) (intro.) Powers and duties. (intro.) The department 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, with the assistance and cooperation of all other departments agencies, shall:
(a) Develop and maintain a statewide long-range telecommunications plan, which will serve as a major element for budget preparation, as guidance for technical implementation and as a means of ensuring the maximum use of shared systems by departments agencies when this would result in operational or economic improvements or both.
16,378
Section
378. 16.99 (2) (b) to (e) of the statutes are renumbered 22.41 (2) (b) to (e).
16,379
Section
379. 16.99 (2) (f) of the statutes is renumbered 22.41 (2) (f) and amended to read:
22.41 (2) (f) Perform the functions of agency telecommunications officer for those departments agencies with no designated focal point for telecommunications planning, coordination, technical review and procurement.
16,380
Section
380. 16.99 (3) of the statutes is renumbered 22.41 (3).
16,381
Section
381. 17.15 (4) of the statutes is repealed.
16,382
Section
382. 17.27 (1r) of the statutes is repealed.
16,382b
Section 382b. 18.561 (5) of the statutes is amended to read:
18.561 (5) Redemption fund. The proportion which shall be set aside for the payment of the principal and interest on the enterprise obligations shall from month to month as they accrue and are received, be set apart and paid into a separate fund in the treasury or in an account maintained by a trustee appointed for that purpose in the authorizing resolution to be identified as "the ... redemption fund". Each redemption fund shall be expended, and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on the enterprise obligations giving rise to it and premium, if any, due upon redemption of any such obligations, and for other obligations that are secured by the property or income, or both, of the enterprise or program. Moneys in the redemption funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall be the exclusive property of the fund and all earnings on or income from such investments shall be credited to the fund.
16,382e
Section 382e. 18.562 (3) of the statutes is amended to read:
18.562 (3) Redemption fund. The special fund revenues that are to be set aside for the payment of the principal and interest of the special fund obligations shall be paid into a separate fund in the treasury or in an account maintained by a trustee appointed for that purpose in the authorizing resolution to be identified as "the ... redemption fund". Each redemption fund shall be expended, and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on the special fund obligations giving rise to it and premium, if any, due upon redemption of any such obligations, and for other obligations that are secured by any fees, penalties, or excise taxes deposited in the special fund. Moneys in the redemption funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall be the exclusive property of the fund and all earnings on or income from such investments shall be credited to the fund.
16,382h
Section 382h. 18.57 (1) of the statutes is amended to read:
18.57 (1) A separate and distinct fund shall be established in the state treasury or in an account maintained by a trustee appointed for that purpose by the authorizing resolution with respect to each revenue-producing enterprise or program the income from which is to be applied to the payment of any enterprise obligation. A separate and distinct fund shall be established in the state treasury or in an account maintained by a trustee appointed for that purpose by the authorizing resolution with respect to any special fund that is created by the imposition of fees, penalties or excise taxes and is applied to the payment of special fund obligations. All moneys resulting from the issuance of evidences of revenue obligation shall be credited to the appropriate fund or, applied for refunding or note renewal purposes, or to make deposits to reserve funds, except that moneys which represent premium or accrued interest received on the issuance of evidences shall be credited to the appropriate redemption fund.
16,382L
Section 382L. 18.57 (2) of the statutes is amended to read:
18.57 (2) Moneys in such funds may be expended, pursuant to appropriations, only for the purposes and in the amounts for which borrowed, for the payment of the principal of and interest on related revenue obligations, to make deposits to reserve funds, and for expenses incurred in issuing such obligations.
16,382p
Section 382p. 18.57 (3) of the statutes is amended to read:
18.57 (3) Moneys in such funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dg) (b) or in environmental improvement fund investment instruments permitted in s. 281.59 (2m). All such investments shall be the exclusive property of such fund and all earnings on or income from investments shall be credited to such fund and shall become available for any of the purposes under sub. (2) and for the payment of interest on related revenue obligations.
16,382r
Section 382r. 18.59 (2) of the statutes is amended to read:
18.59 (2) All original revenue-obligation bond anticipation notes, or any renewal, shall mature within 5 years from the date of issue of the original notes. The notes shall be named revenue-bond anticipation notes and shall recite on their face that they are payable solely from the proceeds of revenue-obligation bonds to be issued under this subchapter. The aggregate amount of such notes outstanding including interest to accrue shall not exceed the aggregate principal amount of the bonds in anticipation of the sale of which they are issued. The rate of interest borne by the notes shall not exceed any maximum rate of interest authorized to be borne by the bonds. No lien shall be created or attached with respect to any property of the state as a consequence of the issuance of such notes except as provided in sub. (4).
16,382u
Section 382u. 18.59 (3) of the statutes is repealed.
16,382wd
Section 382wd. 19.32 (1d) (b) of the statutes is repealed.
16,382we
Section 382we. 19.32 (1d) (c) of the statutes is amended to read:
19.32 (1d) (c) A secure mental health unit or facility established or unit for the institutional care of sexually violent persons specified under s. 980.065 (2).
16,382wf
Section 382wf. 19.35 (1) (am) 2. c. of the statutes is amended to read:
19.35 (1) (am) 2. c. Endanger the security, including the security of the population or staff, of any state prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), secured group home, as defined in s. 938.02 (15p), mental health institute, as defined in s. 51.01 (12), or center for the developmentally disabled, as defined in s. 51.01 (3), or facility, specified under s. 980.065, for the institutional care of sexually violent persons.
16,383
Section
383. 19.36 (4) of the statutes is amended to read:
