SB433: Bill Text

LRB-2429/2

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2005 - 2006 LEGISLATURE

2005 Senate BILL 433

November 15, 2005 - Introduced by Senators Kanavas, Darling, Cowles, Zien, Plale and Roessler, cosponsored by Representatives Jensen, Nischke, Krawczyk, Hahn, Townsend and McCormick. Referred to Committee on Veterans, Homeland Security, Military Affairs, Small Business and Government Reform.

SB433,2,3 An Act to amend 16.7015 and 20.002 (11) (c); and to create 16.9701, 16.971 (5), 16.971 (8), 16.972 (2) (j) and (k), 20.115 (8) (kt), 20.143 (4) (kc), 20.144 (1) (ka), 20.145 (1) (ka), 20.155 (1) (ka), 20.165 (1) (ka), 20.190 (1) (ka), 20.215 (1) (kb), 20.225 (1) (ka), 20.235 (2) (ka), 20.245 (1) (ka), 20.255 (1) (kt), 20.285 (1) (ki), 20.285 (3) (ka), 20.285 (5) (ka), 20.292 (1) (kc), 20.360 (1) (ka), 20.370 (8) (mh), 20.380 (1) (kd), 20.395 (4) (as), 20.410 (1) (kw), 20.425 (1) (ka), 20.432 (1) (kc), 20.433 (1) (ka), 20.434 (1) (ka), 20.435 (8) (ka), 20.445 (1) (kd), 20.455 (3) (ka), 20.465 (1) (kn), 20.465 (3) (ka), 20.475 (1) (ka), 20.485 (1) (ka), 20.485 (2) (ka), 20.505 (1) (kh), 20.505 (1) (ki), 20.505 (1) (ko), 20.505 (4) (kc), 20.507 (1) (ka), 20.510 (1) (ka), 20.515 (1) (ka), 20.521 (1) (ka), 20.525 (1) (ka), 20.536 (1) (kb), 20.540 (1) (ka), 20.545 (1) (kb), 20.550 (1) (ka), 20.566 (3) (ka), 20.575 (1) (kb), 20.585 (1) (ka), 20.665 (1) (ka), 20.680 (2) (ka), 20.765 (1) (ka), 20.865 (5), 20.867 (2) (ka), 20.870, 25.17 (1) (ej) and 25.64 of the statutes; relating to: grants to certain state agencies for information technology development projects, creation of an enterprise development fund, authorization to transfer certain moneys from state agency appropriation accounts, imposition of fees for state vender notifications, and making appropriations.

Analysis by the Legislative Reference Bureau

This bill creates a state enterprise development fund for the purpose of making grants to state agencies in the executive branch, other than the University of Wisconsin System, for information technology development projects. Under the bill, "information technology" means electronic processing, storage and transmission of information using data processing and telecommunications. The fund consists of fee revenue received by agencies from vendor notification services that is authorized or required to be deposited in the fund (see below), moneys transferred to the fund by the Department of Administration (DOA) from state agency appropriation accounts (see below), moneys derived from gifts, grants, and bequests made for information technology development purposes, and moneys transferred to the fund from other funds.

The bill directs the secretary of administration to designate an employee of DOA to serve as the chief information officer of this state. Under the bill, any state agency may apply to the chief information officer for a grant to finance the cost of an information technology development project from the enterprise development fund. The chief information officer may make a grant to a state agency to finance all or any portion of the cost of a project from the fund if the officer determines that a project will permit the effective utilization of information technology by the agency and will be consistent with DOA's existing statutory responsibilities to ensure adequate information technology for agencies and to implement a statewide strategic plan for information technology purposes. The chief information officer is directed to accord priority to financing projects that will effect cost savings or promote cross-agency integration of information technology in the best interests of the state or to projects that will improve the cost efficiency of services provided by the state and local governments. The chief information officer is not required to fully expend the moneys in the enterprise development fund in any fiscal year. Unallocated moneys in any fiscal year remain available for expenditure in the succeeding fiscal year.

The bill permits DOA to transfer to the enterprise development fund moneys from the appropriation account for any appropriation other than a sum sufficient appropriation made to any state agency in the executive branch other than the Board of Regents of the University of Wisconsin System that is authorized by law to be used for the administration of any program in an amount determined by the secretary of administration not greater than the amount of savings to be realized in expenditures from that appropriation during the fiscal biennium in which the transfer is made (or the fiscal year if the appropriation is made for a fiscal year), as a result of server or personal computer consolidation, decreased costs incurred by an agency for server usage, or decreased costs of agencies for information technology procurement as compared with corresponding costs for the preceding fiscal period. Similarly, the bill permits DOA to transfer to the enterprise development fund any revenues currently received by DOA from state agencies, local governments, or entities in the private sector for information technology development.

The bill also permits DOA, with notice to the Joint Committee on Finance (JCF), to transfer moneys from most existing appropriations made to state agencies in order to fund an information technology development project in an amount not greater than the estimated total savings to the state, as determined by the chief information officer, that will accrue from implementation of the project during the useful life of the project. In addition, the bill permits DOA to advance moneys from the unappropriated balances of program revenue accounts or any segregated fund to temporarily finance an information technology development project for a program financed with program or segregated revenue if insufficient appropriated program revenue or segregated revenue is available to pay for the project.

Under current law, information technology development projects for state agencies in the executive branch are either carried out by DOA or by an agency under delegation from DOA. The bill does not change this procedure.

The bill also requires each state agency that receives funding from the information technology investment fund for an information technology development project during any fiscal year to submit an annual status report on the project for that fiscal year and an additional report one year after completion of the project to the secretary of administration, the chief information officer, and JCF.

Under current law, DOA or any executive branch agency to which DOA delegates purchasing authority may provide a notification service under which prospective vendors are notified of potential procurement opportunities. This bill permits any agency that provides a notification service to charge a fee for that service. The bill also requires each executive branch agency, other than the Board of Regents of the University of Wisconsin System, to deposit all revenue received from such fees in the enterprise development fund. The bill also permits other state agencies to deposit revenue received from such fees in the enterprise development fund.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB433, s. 1 Section 1. 16.7015 of the statutes is amended to read:

SB433,4,16 16.7015 Bidders list. The department may maintain a bidders list. Any agency to which the department delegates purchasing authority under s. 16.71 (1) may maintain a bidders list if authorized by the delegation. The bidders list shall include the names and addresses of all persons who request to be notified of bids or competitive sealed proposals, excluding those to be awarded under s. 16.75 (1) (c) or (2m) (c), that are solicited by the department or other agency for the procurement of materials, supplies, equipment or contractual services under this subchapter. Any list maintained by the department may include the names and addresses of any person who requests to be notified of bids or competitive sealed proposals that are solicited by any agency. The department or other agency shall notify each person on its list of all bids or competitive sealed proposals that are solicited by the department or other agency. The department or other agency may remove any person from its list for cause. The department or any agency to which the department delegates purchasing authority may charge a fee for listing on a bidders list. The department and each such executive branch agency, other than the Board of Regents of the University of Wisconsin System, shall deposit all revenues from fees imposed under this section in the enterprise development fund. An agency that is not required to deposit revenues from fees imposed under this section in the enterprise development fund may elect to do so.

SB433, s. 2 Section 2. 16.9701 of the statutes is created to read:

SB433,4,19 16.9701 Chief information officer. The secretary shall designate an employee of the department to serve as the chief information officer of this state.

SB433, s. 3 Section 3. 16.971 (5) of the statutes is created to read:

SB433,4,23 16.971 (5) (a) Any agency may apply to the chief information officer for a grant to finance the cost of an information technology development project from the enterprise development fund.

SB433,5,3 (b) From the appropriation under s. 20.870 (1) (q), the chief information officer may distribute grants to agencies to be used to finance the costs, in whole or in part, of information technology development projects that are approved by the officer.

SB433,5,19 (c) The department may transfer moneys from the appropriation account for any appropriation other than a sum sufficient appropriation made to any executive branch agency other than the Board of Regents of the University of Wisconsin System that is authorized by law to be used for administration of any program to the appropriation account under s. 20.870 (1) (r), to be utilized for any information technology development project that is consistent with the purpose of the appropriation from which the moneys are transferred and with this section in an amount not greater than the estimated total savings to the state, as determined by the secretary, that will accrue as a result of implementation of the project during the useful life of the project. An amount may be transferred under this paragraph in whole at such time or in part at such times as the secretary may determine. Whenever the department transfers moneys under this paragraph, the secretary shall file a report with the cochairpersons of the joint committee on finance specifying the appropriation account from which the transfer is made, the total amount of moneys being transferred and the purpose of the project for which the moneys are being transferred.

SB433,5,22 (d) The department shall transfer moneys from any appropriation account to the appropriation account under s. 20.870 (1) (r) whenever such action is required by law or authorized by the joint committee on finance under s. 13.101 (4).

SB433,6,7 (e) No moneys may be authorized for use by the department under this subsection unless the chief information officer determines that such use will permit the effective utilization of information technology by agencies and will be consistent with the department's responsibilities to ensure adequate information technology resources for agencies under sub. (1) and to implement a statewide strategic plan for information technology purposes under sub. (2) (m). The chief information officer shall accord priority to utilization of moneys under this subsection for projects that will effect cost savings, or promote cross-agency integration of information technology in the best interests of the state or to projects that will improve the cost efficiency of services provided by the state and local governments.

SB433,6,20 (f) No later than September 30 annually, each agency conducting an information technology development project during the preceding fiscal year, whether individually or in cooperation with another agency, that was funded in whole or in part from the appropriation under s. 20.870 (1) (q), (r), or (s) shall file a report, in a form prescribed by the secretary, with the secretary, the chief information officer, and the cochairpersons of the joint committee on finance. The report shall describe the purpose of each project and the status of the project as of the end of the preceding fiscal year. No later than 13 months following the completion of such a project, each such agency shall file a report, on a form prescribed by the secretary, with the secretary, chief information officer, and the cochairpersons of the joint committee on finance. The report shall describe the purpose of the project and the effect of the project on agency business operations as of the end of the 12th-month period following completion of the project.

SB433, s. 4 Section 4. 16.971 (8) of the statutes is created to read:

SB433,6,22 16.971 (8) (a) In this subsection:

SB433,6,23 1. "Program revenues" has the meaning given in s. 20.001 (2) (b).

SB433,6,24 2. "Program revenues-service" has the meaning given in s. 20.001 (2) (c).

SB433,7,5 (b) Subject to the procedures under s. 20.002 (11), the secretary may reallocate available moneys from any appropriation account under s. 20.505 derived from program revenues or program-revenues service or from any segregated fund to the enterprise development fund. No interest is chargeable to the enterprise development fund as a result of any such reallocation.

SB433, s. 5 Section 5. 16.972 (2) (j) and (k) of the statutes are created to read:

SB433,7,18 16.972 (2) (j) Transfer to the enterprise development fund moneys from the appropriation account for any appropriation other than a sum sufficient appropriation that is made to any executive branch agency other than the Board of Regents of the University of Wisconsin System and that is authorized by law to be used for the administration of any program in an amount determined by the secretary not greater than the amount of savings to be realized in expenditures from that appropriation during the period for which the appropriation is made, or during the fiscal biennium in which the transfer is made if no period is specified, as a result of server or personal computer consolidation, decreased costs incurred by an agency for server usage, or decreased costs of agencies for information technology procurement, as compared in each case to corresponding costs incurred during the preceding fiscal period.

SB433,7,21 (k) Transfer to the enterprise development fund from the appropriation account under s. 20.505 (1) (is) or (kL) any moneys credited to that account for the purpose of information technology development.

SB433, s. 6 Section 6. 20.002 (11) (c) of the statutes is amended to read:

SB433,8,8 20.002 (11) (c) The Except as provided in s. 16.971 (8) (b), the secretary may assess a special interest charge against the programs or activities utilizing surplus moneys within the same fund under this subsection in an amount not to exceed the daily interest earnings rate of the state investment fund during the period of transfer of surplus moneys to other accounts or programs. Except as provided in s. 16.465, the secretary shall assess a special interest charge against the fund utilizing surplus moneys under this subsection in an amount equal to the rate of return the state investment fund earnings would have created to the fund from which the reallocation was made. This interest shall be calculated and credited to the appropriate fund at the same time the earnings from the state investment fund are distributed and shall be considered an adjustment to those earnings.

SB433, s. 7 Section 7. 20.115 (8) (kt) of the statutes is created to read:

SB433,8,13 20.115 (8) (kt) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology development projects approved under s. 16.971 (5).

SB433, s. 8 Section 8. 20.143 (4) (kc) of the statutes is created to read:

SB433,8,18 20.143 (4) (kc) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology development projects approved under s. 16.971 (5).

SB433, s. 9 Section 9. 20.144 (1) (ka) of the statutes is created to read:

SB433,8,23 20.144 (1) (ka) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology projects approved under s. 16.971 (5).

SB433, s. 10 Section 10. 20.145 (1) (ka) of the statutes is created to read:

SB433,9,4 20.145 (1) (ka) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology development projects approved under s. 16.971 (5).

SB433, s. 11 Section 11. 20.155 (1) (ka) of the statutes is created to read:

SB433,9,9 20.155 (1) (ka) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology development projects approved under s. 16.971 (5).

SB433, s. 12 Section 12. 20.165 (1) (ka) of the statutes is created to read:

SB433,9,14 20.165 (1) (ka) Information technology development projects. All moneys transferred from the appropriation account under s. 20.870 (1) (q), (r), or (s) to be utilized for the purpose of information technology development projects approved under s. 16.971 (5).