SB21: Bill Text

SB21,167,22 16.972 (2) (h) Establish master contracts for the purchase of materials, supplies, equipment, or contractual services relating to information technology or telecommunications for use by agencies, authorities, local governmental units, or entities in the private sector. The department may require any executive branch agency, other than the board of regents of the University of Wisconsin System, to make any purchases of materials, supplies, equipment, or contractual services relating to information technology or telecommunications that are included under the contract pursuant to the terms of the contract.

SB21,411 Section 411. 16.972 (2) (j) of the statutes is created to read:

SB21,168,16 16.972 (2) (j) In consultation with an executive branch agency that has a secretary serving at the pleasure of the governor transfer to the department any full-time equivalent position in that executive branch agency that is related to the provision of information technology security or desktop management services in that executive branch agency, and may also transfer to the department any incumbent employee holding that position. If a position is transferred under this paragraph, the department shall assess the appropriate executive branch agency appropriation account for the costs to pay salary and fringe benefit costs of the transferred position. If an incumbent employee is transferred under this paragraph, the department shall determine the transferred employee's probationary status under s. 230.28, except that the employee shall receive credit towards his or her probationary period for the time that the employee had been employed in any unclassified position immediately prior to appointment. The department may require an executive branch agency that is subject to a transfer under this paragraph to transfer to the department information technology equipment or systems required by the department to carry out information technology security or desktop management services for the executive branch agency, and may assess that executive branch agency for the provision of such services to that executive branch agency.

SB21,412 Section 412. 16.973 (7) of the statutes is amended to read:

SB21,168,25 16.973 (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 and the actual performance of the department and the executive branch agencies measured against the performance measures then in effect.

SB21,413 Section 413. 16.973 (12) (b) (intro.) of the statutes is amended to read:

SB21,169,7 16.973 (12) (b) (intro.) Annually, no later than October 1, submit to the governor and the members of the joint committee on information policy and technology a report documenting the use by each executive branch agency , other than the Board of Regents of the University of Wisconsin System, of master leases to fund information technology projects in the previous fiscal year. The report shall contain all of the following information:

SB21,414 Section 414. 16.973 (14) (a) (intro.) of the statutes is amended to read:

SB21,169,14 16.973 (14) (a) (intro.) Require each executive branch agency, other than the Board of Regents of the University of Wisconsin system, that has entered into an open-ended contract for the development of information technology to submit to the department quarterly reports documenting the amount expended on the information technology development project. In this subsection, "open-ended contract" means a contract for information technology that includes one or both of the following:

SB21,415 Section 415. 16.974 (3) of the statutes is amended to read:

SB21,170,6 16.974 (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, entities in the private sector, individuals, or any tribal schools, as defined in s. 115.001 (15m), or otherwise permitting the transaction of business by agencies, authorities, local governmental units, entities in the private sector, individuals, or tribal schools by means of electronic communication. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices relating to information technology or telecommunications that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the department. The department may also charge any agency, authority, local governmental unit, entity in the private sector, or tribal school for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, entity, or tribal school. The department may charge an individual for such costs as a component of any services provided by the department to that individual.

SB21,416 Section 416. 16.974 (5) of the statutes is amended to read:

SB21,170,12 16.974 (5) Review and approve, approve with modifications, or disapprove any proposed contract for the purchase of materials, supplies, equipment, or contractual services relating to information technology or telecommunications by an executive branch agency, other than the board of regents of the University of Wisconsin System.

SB21,417 Section 417. 16.976 (5) of the statutes is amended to read:

SB21,170,18 16.976 (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 department in accordance with procedures prescribed by the department.

SB21,418 Section 418. 16.978 (4) of the statutes is amended to read:

SB21,170,24 16.978 (4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the department or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the department or agencies concerning appropriate means of attaining those goals.

SB21,419 Section 419. 16.98 of the statutes is repealed.

SB21,420 Section 420. 16.993 (1) of the statutes is amended to read:

SB21,171,7 16.993 (1) In cooperation with school districts, cooperative educational service agencies, and the technical college system board, and the board of regents of the University of Wisconsin System, promote the efficient, cost-effective procurement, installation, and maintenance of educational technology by school districts, cooperative educational service agencies, and technical college districts, and the University of Wisconsin System.

SB21,421 Section 421. 16.993 (4) of the statutes is amended to read:

SB21,171,13 16.993 (4) In cooperation with the board of regents of the University of Wisconsin System Authority, the technical college system board, the department of public instruction and other entities, support the development of courses for the instruction of professional employees who are licensed by the state superintendent of public instruction concerning the effective use of educational technology.

SB21,422 Section 422. 16.993 (7) of the statutes is amended to read:

SB21,171,22 16.993 (7) Purchase educational technology materials, supplies, equipment, and contractual services for school districts, cooperative educational service agencies, and technical college districts, the board of regents of the University of Wisconsin System, and the University of Wisconsin-Madison under s. 16.72 (8), and establish standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, and technical college districts, and the board of regents of the University of Wisconsin System.

SB21,423 Section 423. 16.997 (2) (a) (intro.) of the statutes is renumbered 16.997 (2) (a) and amended to read:

SB21,172,2 16.997 (2) (a) Allow an educational agency to make a request to the department for access to either one data line or one lines and video link, except as follows: links.

SB21,424 Section 424. 16.997 (2) (a) 1. of the statutes is repealed.

SB21,425 Section 425. 16.997 (2) (a) 2. of the statutes is repealed.

SB21,426 Section 426. 16.997 (2) (a) 3. of the statutes is repealed.

SB21,427 Section 427. 16.997 (2c) of the statutes is created to read:

SB21,172,11 16.997 (2c) The department shall develop criteria to use to evaluate whether to provide more than one data line and video link to an educational agency. The department shall include in the criteria an educational agency's current bandwidth, equipment, and readiness, and the available providers and any other economic development in the geographic area that the educational agency serves.

SB21,428 Section 428. 17.15 (5) of the statutes is repealed.

SB21,429 Section 429. 17.27 (3m) of the statutes is repealed.

SB21,430 Section 430. 18.06 (6) of the statutes is amended to read:

SB21,173,2 18.06 (6) Exercise of authority. Public debt may be contracted and evidence of indebtedness issued therefor under one or more authorizing resolutions, unless otherwise provided in the resolution, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, at any price or percentage of par value, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. A resolution authorizing the contracting of public debt may provide that the public debt bear interest at variable or fixed rates, bear no interest, bear interest payable at any time or bear interest payable only at maturity or upon redemption prior to maturity. Unless sooner exercised and unless a shorter period is provided in such resolution, every authorizing resolution shall expire one year 2 years after the date of its adoption.

SB21,431 Section 431. 18.16 (1) (a) of the statutes is amended to read:

SB21,173,5 18.16 (1) (a) "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 203.03 (3).

SB21,432 Section 432. 18.16 (1) (b) of the statutes is amended to read:

SB21,173,8 18.16 (1) (b) "Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 203.03 (3).

SB21,433 Section 433. 18.16 (1) (c) of the statutes is amended to read:

SB21,173,11 18.16 (1) (c) "Minority financial adviser" means a financial adviser certified by the department of administration under s. 16.287 203.07 (2).

SB21,434 Section 434. 18.16 (1) (d) of the statutes is amended to read:

SB21,173,14 18.16 (1) (d) "Minority investment firm" means an investment firm certified by the department of administration under s. 16.287 203.07 (2).

SB21,435 Section 435. 18.55 (5) of the statutes is amended to read:

SB21,174,2 18.55 (5) Exercise of authority. Money may be borrowed and evidences of revenue obligation issued therefor pursuant to one or more authorizing resolutions, unless otherwise provided in the resolution or in this subchapter, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. Revenue obligation bonds may bear interest at variable or fixed rates, bear no interest or bear interest payable only at maturity or upon redemption prior to maturity. Unless sooner exercised or unless a different period is provided in the resolution, every authorizing resolution, except as provided in s. 18.59 (1), shall expire one year 2 years after the date of its adoption.

SB21,436 Section 436. 18.64 (1) (a) of the statutes is amended to read:

SB21,174,5 18.64 (1) (a) "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 203.03 (3).

SB21,437 Section 437. 18.64 (1) (b) of the statutes is amended to read:

SB21,174,8 18.64 (1) (b) "Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 203.03 (3).

SB21,438 Section 438. 18.64 (1) (c) of the statutes is amended to read:

SB21,174,11 18.64 (1) (c) "Minority financial adviser" means a financial adviser certified by the department of administration under s. 16.287 203.07 (2).

SB21,439 Section 439. 18.64 (1) (d) of the statutes is amended to read:

SB21,174,14 18.64 (1) (d) "Minority investment firm" means an investment firm certified by the department of administration under s. 16.287 203.07 (2).

SB21,440 Section 440. Subchapter III (title) of chapter 18 [precedes 18.70] of the statutes is repealed.

SB21,441 Section 441. 18.70 of the statutes is repealed.

SB21,442 Section 442. 18.71 (intro.), (1d), (3), (4) and (5) of the statutes are renumbered 16.526 (1) (intro), (a), (b), (c) and (d), and 16.526 (1) (intro.), (a) 1. and 3. and (c) 1. and 2., as renumbered, are amended to read:

SB21,174,22 16.526 (1) Definitions. (intro.) In this subchapter section, unless the context requires otherwise:

SB21,174,24 (a) 1. The aggregate net payments expected to be made and received under a specified interest exchange agreement under s. 18.73 (5) (a) sub. (4) (e) 1.

SB21,175,3 3. The aggregate net payments expected to be made and received under all other interest exchange agreements under s. 18.73 (5) (a) sub. (4) (e) 1. relating to those notes that are in force at the time of executing the agreement.

SB21,175,6 (c) 1. Created for the purpose of funding operating deficits of the state as determined under s. 16.405 (1) 16.526 (1m) (a), which must be repaid not later than the last day of the fiscal year during which the operating note is issued;

SB21,175,9 2. Payable from and secured solely by revenues pledged by the commission and the department pursuant to the authorizing resolution certification provided that all such pledged revenues must first be available for the payment of public debt; and

SB21,443 Section 443. 18.71 (1m) and (2) of the statutes are repealed.

SB21,444 Section 444. 18.72 of the statutes is renumbered 16.526 (2), and 16.526 (2) (a) to (c), as renumbered, are amended to read:

SB21,175,18 16.526 (2) (a) The commission department may authorize financial obligations to be incurred and evidences of operating notes to be issued therefor in an amount sufficient to fund or refund the whole or any part of any operating note issued under this subchapter section. However, no operating notes originally issued in a fiscal year may be funded or refunded by proceeds of an operating note to mature in a later fiscal year.

SB21,175,22 (b) The commission department may authorize financial obligations to be incurred and evidences of operating notes to be issued therefor to fund operating deficits as moneys are required. The requirements for moneys shall be established by the department.

SB21,175,25 (c) Each purpose specified in subs. (1) and (2) pars. (a) and (b) may include the expenses of issuance of the operating notes and reserves securing the operating notes.

SB21,445 Section 445. 18.725 of the statutes is renumbered 16.526 (3) and amended to read:

SB21,176,10 16.526 (3) Limit on amount of operating notes. The building commission department may not sell operating notes under s. 18.73 (2) sub. (4) (b) at any time if the amount of operating notes to be sold at that time plus the amount of operating notes outstanding at that time exceed 10% of the amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, as defined in s. 20.001 (2) (a), plus the amounts shown in the schedule of appropriations of program revenues, as defined in s. 20.001 (2) (b), both calculated as of that time and for that fiscal year.

SB21,446 Section 446. 18.73 (1) of the statutes is repealed.

SB21,447 Section 447. 18.73 (2), (4) and (5) (a), (b), (c), (d) (intro.), 1. and 2., (e) 1. and 3. and (f) of the statutes are renumbered 16.526 (4) (b), (d) and (e) 1., 2., 3., 4. (intro.), a. and b., 5. a. and c. and 6., and 16.526 (4) (b), (d) and (e) 1., 2., 4. (intro.), a. and b., 5. a. and 6. (intro.), as renumbered, are amended to read:

SB21,176,21 16.526 (4) (b) Sale. Operating notes may be sold at either public or private sale. The commission department may provide in an authorizing resolution certification for the refunding of operating notes, for their exchange privately, in payment and discharge of any of the outstanding operating notes being refunded. All operating notes sold at public sale shall be noticed as provided in the authorizing resolution certification. Any bids received at public sale may be rejected.

SB21,177,5 (d) Exercise of authority. Financial obligations may be incurred and evidences of operating notes issued therefor pursuant to one or more authorizing resolutions certifications, unless otherwise provided in the resolution certification or in this subchapter section, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. Unless sooner exercised or unless a shorter period is provided in the resolution, every authorizing resolution shall expire 3 months after the date of its adoption.

SB21,177,18 (e) 1. Subject to pars. (d) and (e) subd. 4. and 5., at the time of, or in anticipation of, contracting operating notes and at any time thereafter while the operating notes are outstanding, the commission department may enter into agreements and ancillary arrangements relating to the operating notes, including liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payment received pursuant to any such agreements or ancillary arrangements shall be deposited in, and any payments made pursuant to any such agreements or ancillary arrangements will be made from, the general fund or the operating note redemption fund, as determined by the commission department. The determination of the commission department included in an interest exchange agreement that such an agreement relates to an operating note shall be conclusive.

SB21,177,21 2. The commission department may delegate to other persons the authority and responsibility to take actions necessary and appropriate to implement agreements and ancillary arrangements under par. (a) subd. 1.

SB21,177,23 4. (intro.) With respect to any interest exchange agreement or agreements specified in par. (a) subd. 1., all of the following shall apply:

SB21,178,3 a. The commission department shall contract with an independent financial consulting firm to determine if the terms and conditions of the agreement reflect a fair market value, as of the proposed date of the execution of the agreement.

SB21,178,7 b. The interest exchange agreement must identify the note to which the agreement is related. The determination of the commission department included in an interest exchange agreement that such agreement relates to a note shall be conclusive.

SB21,178,14 5. a. Subject to subd. 2. 5. b., the terms and conditions of an interest exchange agreement under par. (a) subd. 1. shall not be structured so that, as of the trade date of the agreement, the aggregate expected debt service and net exchange payments relating to the agreement during the fiscal year in which the trade date occurs will be less than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable during that fiscal year if the agreement is not executed.

SB21,178,19 6. (intro.) Semiannually, during any year in which the state is a party to an agreement entered into pursuant to par. (a) subd. 1., the department of administration shall submit a report to the commission and to the cochairpersons of the joint committee on finance listing all such agreements. The report shall include all of the following:

SB21,448 Section 448. 18.73 (5) (d) 3. (intro.) and a. to g. of the statutes are consolidated, renumbered 16.526 (4) (e) 4. c. and amended to read:

SB21,179,10 16.526 (4) (e) 4. c. The resolution certification authorizing the commission department to enter into any interest exchange agreement shall require that the terms and conditions of the agreement reflect a fair market value as of the date of execution of the agreement, as reflected by the determination of the independent financial consulting firm under subd. 1. 4. a., and shall establish guidelines for any such agreement, including the following: a. The the conditions under which the commission department may enter into the agreements. b. The; the form and content of the agreements. c. The; the aspects of risk exposure associated with the agreements. d. The; the standards and procedures for counterparty selection. e. The; the standards for the procurement of, and the setting aside of reserves, if any, in connection with, the agreements. f. The; the provisions, if any, for collateralization or other requirements for securing any counterparty's obligations under the agreements. g. A ; and a system for financial monitoring and periodic assessment of the agreements.

SB21,449 Section 449. 18.73 (5) (e) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 16.526 (4) (e) 5. b. and amended to read:

SB21,179,22 16.526 (4) (e) 5. b. Subdivision 1. 5. a. shall not apply if either of the follow occurs: a. The commission the department receives a determination by the independent financial consulting firm under par. (d) 1. subd. 4. a. that the terms and conditions of the agreement reflect payments by the state that represent on-market rates as of the trade date for the particular type of agreement. b. The commission or the department provides written notice to the joint committee on finance of its intention to enter into an agreement that is reasonably expected to satisfy subd. 1. subd. 5. a., and the joint committee on finance either approves or disapproves, in writing, the commission's department's entering into the agreement within 14 days of receiving the written notice from the commission department.

SB21,450 Section 450. 18.74 of the statutes is renumbered 16.526 (5) and amended to read:

SB21,180,7 16.526 (5) Application of operating note proceeds. All moneys resulting from the contracting of operating notes or any payment to be received under an agreement or ancillary arrangement entered into under s. 18.73 (5) sub. (4) (e) with respect to any such operating notes shall be credited to the general fund, except that moneys which represent premium and accrued interest on operating notes, or moneys for purposes of funding or refunding operating notes pursuant to s. 18.72 (1) sub. (2) (a) shall be credited to the operating note redemption fund.

SB21,451 Section 451. 18.75 of the statutes is renumbered 16.526 (6), and 16.526 (6) (a), (b), (c) and (d), as renumbered, are amended to read:

SB21,180,14 16.526 (6) (a) When operating notes are authorized, there shall be established in the state treasury or with a trustee if so required in the authorizing resolution certification, an operating note redemption fund separate and distinct from every other fund, which may contain separate and distinct accounts for each particular operating note issue.

SB21,180,20 (b) The operating note 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 operating notes giving rise to it and premium, if any, due upon refunding or early redemption of such operating notes, and for the payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.73 (5) sub. (4) (e) with respect to such operating notes.

SB21,181,2 (c) Moneys of the operating note redemption fund may be commingled only for the purpose of investment with other public funds, but they may be invested only as provided in the authorizing resolution certification. All such reinvestments shall be the exclusive property of such fund and all earnings on or income from such investments shall be used in meeting principal and interest payments on operating notes issued.