Amendment ASA1-SB55

SB55-ASA1,80,11 Subchapter VII Information Educational Technology

SB55-ASA1, s. 147 Section 147. 16.97 (intro.) of the statutes is renumbered 22.01 (intro.) and amended to read:

SB55-ASA1,80,14 22.01 Definitions. (intro.) In this subchapter chapter:

SB55-ASA1, s. 148 Section 148. 16.97 (1) to (9) of the statutes are renumbered 22.01 (1) to (9).

SB55-ASA1, s. 149 Section 149. 16.97 (10) of the statutes is renumbered 16.97 and amended to read:

SB55-ASA1,80,20 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).

SB55-ASA1, s. 150 Section 150. 16.971 (title) of the statutes is renumbered 22.03 (title).

SB55-ASA1, s. 151 Section 151. 16.971 (1) of the statutes is repealed.

SB55-ASA1, s. 152 Section 152. 16.971 (1m) of the statutes is renumbered 22.03 (2) (a) and amended to read:

SB55-ASA1,81,12 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.

SB55-ASA1, s. 153 Section 153. 16.971 (2) (intro.) of the statutes is renumbered 22.03 (2) (intro.) and amended to read:

SB55-ASA1,81,15 22.03 (2) (intro.) The division department shall:

SB55-ASA1, s. 154 Section 154. 16.971 (2) (a) of the statutes is renumbered 22.03 (2) (ae) and amended to read:

SB55-ASA1,81,25 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.

SB55-ASA1, s. 155 Section 155. 16.971 (2) (am) to (k) of the statutes are renumbered 22.03 (2) (am) to (k).

SB55-ASA1, s. 156 Section 156. 16.971 (2) (L) to (m) of the statutes are renumbered 22.03 (2) (L) to (m) and amended to read:

SB55-ASA1,82,17 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.

SB55-ASA1,83,2 (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.

SB55-ASA1,83,10 (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.

SB55-ASA1, s. 355m Section 355m. 16.971 (2) (n) of the statutes is renumbered 22.03 (2) (n) and amended to read:

SB55-ASA1,83,17 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.

SB55-ASA1, s. 157 Section 157. 16.971 (2m) of the statutes is renumbered 22.03 (2m).

SB55-ASA1, s. 357ab Section 357ab. 16.971 (3) of the statutes is renumbered 22.03 (3) and amended to read:

SB55-ASA1,84,9 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.

SB55-ASA1,84,15 (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.

SB55-ASA1, s. 158 Section 158. 16.971 (4) of the statutes is renumbered 22.03 (4).

SB55-ASA1, s. 159m Section 159m. 16.971 (6) of the statutes is renumbered 22.03 (6).

SB55-ASA1, s. 160 Section 160. 16.971 (9) of the statutes is renumbered 22.03 (9) and amended to read:

SB55-ASA1,85,3 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.

SB55-ASA1, s. 161 Section 161. 16.971 (11) of the statutes is renumbered 22.03 (11) and amended to read:

SB55-ASA1,85,8 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.

SB55-ASA1, s. 162 Section 162. 16.973 (title) of the statutes is renumbered 22.05 (title) and amended to read:

SB55-ASA1,85,12 22.05 (title) Powers of the division of information technology services department.

SB55-ASA1, s. 163 Section 163. 16.973 (1) (intro.) and (b) to (d) of the statutes are renumbered 22.05 (1) (intro.) and (b) to (d).

SB55-ASA1, s. 164 Section 164. 16.973 (1) (a) of the statutes is renumbered 22.05 (1) (ag).

SB55-ASA1, s. 165 Section 165. 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:

SB55-ASA1,85,19 22.05 (2) (intro.) The division of information technology services department may:

SB55-ASA1,85,21 (a) Provide such telecommunications services to agencies as the division department considers to be appropriate.

SB55-ASA1,86,13 (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.

SB55-ASA1,86,23 (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.

SB55-ASA1,87,6 (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.

SB55-ASA1, s. 166 Section 166. 16.973 (2) (e) of the statutes is renumbered 22.05 (2) (e).

SB55-ASA1, s. 167 Section 167. 16.974 (intro.) of the statutes is amended to read:

SB55-ASA1,87,11 16.974 Duties of the division of information technology services department. (intro.) The division of information technology services department shall:

SB55-ASA1, s. 168 Section 168. 16.974 (1) of the statutes is renumbered 22.07 (1) and amended to read:

SB55-ASA1,87,17 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.

SB55-ASA1, s. 169 Section 169. 16.974 (3) of the statutes is renumbered 22.07 (3).

SB55-ASA1, s. 170 Section 170. 16.974 (4) to (6) of the statutes are renumbered 22.07 (4) to (6) and amended to read:

SB55-ASA1,87,24 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.

SB55-ASA1,88,3 (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.

SB55-ASA1,88,7 (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.

SB55-ASA1, s. 171 Section 171. 16.974 (7) (a) of the statutes is renumbered 16.974 (1) and amended to read:

SB55-ASA1,88,14 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.

SB55-ASA1, s. 172 Section 172. 16.974 (7) (b) to (d) of the statutes are renumbered 16.974 (2) to (4).

SB55-ASA1, s. 173 Section 173. 16.975 of the statutes is renumbered 22.11 and amended to read:

SB55-ASA1,89,5 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.

SB55-ASA1, s. 174 Section 174. 16.979 of the statutes is renumbered 16.006.

SB55-ASA1, s. 175 Section 175. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is repealed.

SB55-ASA1, s. 176 Section 176. 16.99 (title) of the statutes is renumbered 22.41 (title).

SB55-ASA1, s. 177 Section 177. 16.99 (1) of the statutes is repealed.

SB55-ASA1, s. 178 Section 178. 16.99 (2) (intro.) and (a) of the statutes are renumbered 22.41 (2) (intro.) and (a) and amended to read:

SB55-ASA1,89,17 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:

SB55-ASA1,89,22 (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.

SB55-ASA1, s. 179 Section 179. 16.99 (2) (b) to (e) of the statutes are renumbered 22.41 (2) (b) to (e).

SB55-ASA1, s. 180 Section 180. 16.99 (2) (f) of the statutes is renumbered 22.41 (2) (f) and amended to read:

SB55-ASA1,90,5 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.

SB55-ASA1, s. 181 Section 181. 16.99 (3) of the statutes is renumbered 22.41 (3).

SB55-ASA1, s. 182 Section 182. 17.15 (4) of the statutes is repealed.

SB55-ASA1, s. 183 Section 183. 17.27 (1r) of the statutes is repealed.

SB55-ASA1, s. 382b Section 382b. 18.561 (5) of the statutes is amended to read:

SB55-ASA1,90,24 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.

SB55-ASA1, s. 382e Section 382e. 18.562 (3) of the statutes is amended to read:

SB55-ASA1,91,14 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.

SB55-ASA1, s. 382h Section 382h. 18.57 (1) of the statutes is amended to read:

SB55-ASA1,92,3 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.

SB55-ASA1, s. 382L Section 382L. 18.57 (2) of the statutes is amended to read:

SB55-ASA1,92,8 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.

SB55-ASA1, s. 382p Section 382p. 18.57 (3) of the statutes is amended to read:

SB55-ASA1,92,16 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.

SB55-ASA1, s. 382r Section 382r. 18.59 (2) of the statutes is amended to read:

SB55-ASA1,93,2 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).

SB55-ASA1, s. 382u Section 382u. 18.59 (3) of the statutes is repealed.

SB55-ASA1, s. 184 Section 184. 19.36 (4) of the statutes is amended to read:

SB55-ASA1,93,9 19.36 (4) Computer programs and data. A computer program, as defined in s. 16.971 22.03 (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.

SB55-ASA1, s. 185 Section 185. 19.42 (10) (o) of the statutes is created to read:

SB55-ASA1,93,12 19.42 (10) (o) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.

SB55-ASA1, s. 186 Section 186. 19.42 (10) (p) of the statutes is created to read:

SB55-ASA1,93,15 19.42 (10) (p) A member of the public broadcasting transitional board under s. 15.98 (2) (e).

SB55-ASA1, s. 187 Section 187. 19.42 (13) (n) of the statutes is created to read: