16.97
16.97
Definitions. In this subchapter:
16.97(3)
(3) "Computer services" means any services in which a computer is utilized other than for personal computing purposes.
16.97(4)
(4) "Data processing" means the delivery of information processing services.
16.97(5p)
(5p) "Form" means any written material, by whatever means printed, generated or reproduced, with blank spaces left for the entry of additional information to be used for the purpose of providing information, collecting information or requiring action in any transaction involving this state.
16.97(5s)
(5s) "Forms management" means the system of providing forms to accomplish necessary operations efficiently and economically, including analysis and design of forms, improvement of methods of procurement, distribution and disposition of forms and improvement of methods to keep to a reasonable level the public's duty to report. "Forms management" includes the elimination of unnecessary forms and of unnecessary data collection and standardizing, consolidating and simplifying forms and related procedures.
16.97(6)
(6) "Information technology" means the electronic processing, storage and transmission of information including data processing and telecommunications.
16.97(7)
(7) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
16.97(8)
(8) "Personal computing" means utilizing a computer that is located at the same work station where the input or output of data is conducted.
16.97(8m)
(8m) "Public contact form" means a form generated and used by any agency in transactions between the agency and a member of the public.
16.97(9)
(9) "Supercomputer" means a special purpose computer that performs in a scientific environment and that is characterized by a very high processing speed and power.
16.97(10)
(10) "Telecommunications" means the electronic movement of information in any form from one point to another.
16.971
16.971
Responsibilities of department. 16.971(1)(a)
(a) "Division" means the division of technology management of the department.
16.971(1)(b)
(b) "Small agency" means an agency having fewer than 50 authorized full-time equivalent positions.
16.971(1m)
(1m) The department shall 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 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 to carry out their functions. The department shall monitor adherence to these policies, procedures and processes.
16.971(2)(a)
(a) 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 rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The division's rejection of any form is appealable to the public records board. If the head of an agency certifies to the division that the form is needed on a temporary basis, approval by the division is not required.
16.971(2)(am)
(am) Make as cost effective as possible the procurement and use of forms by agencies.
16.971(2)(ap)
(ap) Prescribe a forms management program for agencies.
16.971(2)(b)
(b) Develop and maintain information technology resource planning and budgeting techniques at all levels of state government.
16.971(2)(c)
(c) Develop and maintain procedures to ensure information technology resource planning and sharing between executive branch agencies. The procedures shall ensure the interconnection of information technology resources of executive branch agencies, if interconnection is consistent with the strategic plans formulated under
pars. (L) and
(m).
16.971(2)(d)
(d) Develop review and approval procedures which encourage timely and cost-effective hardware, software, and professional services acquisitions, and review and approve the acquisition of such items and services under those procedures.
16.971(2)(e)
(e) Collect, analyze and interpret, in cooperation with agencies, that data necessary to assist the information technology resource planning needs of the governor and legislature.
16.971(2)(f)
(f) Provide advice and assistance during budget preparation concerning information technology resource plans and capabilities.
16.971(2)(g)
(g) Ensure that management reviews of information technology organizations are conducted.
16.971(2)(h)
(h) Gather, interpret and disseminate information on new technological developments, management techniques and information technology resource capabilities and their possible effect on current and future management plans to all interested parties.
16.971(2)(i)
(i) Ensure that a level of information technology services are provided to all agencies that are equitable in regard to resource availability, cost and performance.
16.971(2)(j)
(j) Ensure that all executive branch agencies develop and operate with clear guidelines and standards in the areas of information technology systems development and that they employ good management practices and cost-benefit justifications.
16.971(2)(k)
(k) Ensure that all state data processing facilities develop proper privacy and security procedures and safeguards.
16.971(2)(L)
(L) Require each executive branch agency to adopt, revise biennially, and submit for its approval, 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 in providing guidance for and scheduling of planning by executive branch agencies.
16.971(2)(Lm)
(Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency that receives funding under that act for an information technology development project to file with the division 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, the benefits that the agency expects to realize from undertaking the project.
16.971(2)(m)
(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 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The division 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 technology and the governor.
16.971(2)(n)
(n) Maintain an information technology resource center to provide appropriate technical assistance and training to small agencies.
16.971(2m)
(2m) The following forms are not subject to review or approval by the department:
16.971(2m)(a)
(a) Forms that must be completed by applicants for admission to an institution of the university of Wisconsin system or by students of such an institution who are applying for financial aid, including loans, or for a special course of study or who are adding or dropping courses, registering or withdrawing, establishing their residence or being identified or classified.
16.971(2m)(b)
(b) Forms the use of which is required by federal law.
16.971(2m)(c)
(c) Forms used by teachers to evaluate a student's academic performance.
16.971(2m)(d)
(d) Forms used by hospitals and health care providers to bill or collect from patients and 3rd parties.
16.971(2m)(e)
(e) Forms used by medical personnel in the treatment of patients.
16.971(2m)(f)
(f) Forms used to collect data from research subjects in the course of research projects administered by the board of regents of the university of Wisconsin system.
16.971(2m)(g)
(g) Forms used by the department of corrections in the investigation or processing of persons either under the control or custody of the department or under investigation by a court.
16.971(2m)(gm)
(gm) Forms relating to youth corrections used by the department of health and family services in the investigation or processing of persons either under the control or custody of the department or under investigation by a court.
16.971(3)(a)(a) The secretary 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 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 notification, the department may approve acquisition of the resource. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary 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.
16.971(3)(b)
(b) The secretary 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.
16.971(4)(a)(a) The department 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.
16.971(4)(b)
(b) Annual license fees may be established at not more than 25% of the program development cost and shall be credited to the agency which developed the program.
16.971(4)(c)1.
1. "Computer programs" are the processes for the treatment and verbalization of data.
16.971(5)(a)(a) After compliance with
par. (h), the department may distribute grants to agencies to be used for information technology development projects from the appropriations under
s. 20.870 (1) (q) and
(2) (a).
Effective date text
(a) After compliance with par. (h), the department may distribute grants to agencies to be used for information technology development projects from the appropriation under s. 20.870 (1) (q).
16.971(5)(b)
(b) The department shall award grants under
par. (a) once during each fiscal year. Grants shall be awarded in accordance with criteria developed annually by the department prior to awarding of grants. No later than September 15 of each year, the department shall submit its proposed criteria for the award of grants in the following fiscal year to the cochairpersons of the joint committee on information policy. The department shall not award any grant under the criteria until the criteria are approved by the committee.
16.971(5)(bd)
(bd) The department shall distribute applications for grants for each fiscal year under
par. (a) to each eligible agency no later than January 1 preceding that fiscal year.
16.971(5)(bh)
(bh) No later than March 1 of any fiscal year, any eligible agency may file an application for a grant under
par. (a) for the succeeding fiscal year.
16.971(5)(bp)
(bp) If the criteria are approved by the committee under
par. (bd), the department shall make grant awards for each fiscal year no later than May 15 preceding that fiscal year.
16.971(5)(bt)
(bt) Following the award of grants for each fiscal year, the secretary shall notify the cochairpersons of the joint committee on finance under
s. 16.515 (1) of any proposed supplementation of appropriations for implementation of projects.
16.971(5)(d)
(d) Upon receipt of any gift, grant or bequest made to the state for information technology development purposes the secretary shall report the source, value and purpose to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the acceptance of the gift, grant or bequest within 14 working days after the date of the secretary's report, the secretary may accept the gift, grant or bequest on behalf of the state. If, within 14 working days after the date of the secretary's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the acceptance of the gift, grant or bequest, the gift, grant or bequest may be accepted by the secretary only upon approval of the committee. From the appropriation under
s. 20.870 (1) (s), the department may, after compliance with
par. (h), distribute moneys received from such gifts, grants or bequests to agencies, within the limits of the amounts shown under
s. 20.005 (3) for that appropriation, to be utilized for any information technology development project that is consistent with the purpose for which the moneys were received.
16.971(5)(e)
(e) No moneys may be authorized for use by the department under this subsection unless the department 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. (1m) and to implement a statewide strategic plan for information technology purposes under
sub. (2) (m). If a grant is distributed to the legislature, a legislative service agency, the courts or a judicial branch agency, the use shall be consistent with the appropriate plan under
s. 13.90 (6) or
758.19 (7). The department shall accord priority to utilization of moneys under this subsection for projects that will effect cost savings, avoid future cost increases or enable improved provision of state services.
16.971(5)(f)
(f) No later than September 30 annually, each agency which conducted 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) or
(2) (a) shall file a report, in a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. 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 and the cochairpersons of the joint committee on information policy. 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 12-month period following completion of the project.
Effective date note
NOTE: Par. (f) is amended eff. 7-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(f) No later than September 30 annually, each agency which conducted 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 and the cochairpersons of the joint committee on information policy. 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 and the cochairpersons of the joint committee on information policy. 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 12-month period following completion of the project.
16.971(5)(g)
(g) The department shall promulgate rules governing the administration of this subsection, including criteria for distributing grants under
par. (a).
16.971(5)(h)
(h) The department shall not authorize any payment to be made from the information technology investment fund after May 1, 1997, unless the secretary submits a report to the cochairpersons of the joint committee on finance demonstrating that sufficient revenues have been deposited in the information technology investment fund to enable the payment to be financed from the fund and the secretary certifies to the cochairpersons that there is no outstanding reallocation to the fund under
s. 20.002 (11). If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed payment within 14 working days after the date of the secretary's submittal, the payment may be made as proposed by the secretary. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed payment, the payment may be made only upon approval of the committee.
16.971(5)(i)
(i) From the appropriation under
s. 20.870 (2) (a), the department shall pay for the cost of conducting information technology development projects for which grants were awarded under
par. (bp) prior to October 14, 1997. The department shall carry out each project funded under this paragraph by means of a master lease agreement under
s. 16.76 (4).
16.971(6)
(6) Notwithstanding
subs. (1m) and
(2), the revisor of statutes shall approve the specifications for preparation and schedule for delivery of computer data bases containing the Wisconsin statutes.
16.971(9)
(9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the 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. 20.505 (1) (ja) and
(kp). The division shall annually report to the legislature under
s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.
16.971(11)
(11) The division may charge executive branch agencies for information technology development and management services provided to them by the division under this section.
16.973
16.973
Powers of the division of information technology services. 16.973(1)(a)
(a) "Qualified museum" means a nonprofit or publicly owned museum that has an educational mission.
16.973(1)(b)
(b) "Qualified postsecondary institution" means a regionally accredited 4-year nonprofit college or university having its regional headquarters and principal place of business in this state or a tribally controlled college located in this state.
16.973(1)(c)
(c) "Qualified private school" means a private school, as defined in
s. 115.001 (3r), operating elementary or high school grades.
16.973(1)(d)
(d) "Qualified zoo" means a bona fide publicly owned zoo that has an educational mission.
16.973(2)
(2) The division of information technology services may:
16.973(2)(a)
(a) Provide such telecommunications services to agencies as the division considers to be appropriate.
16.973(2)(b)
(b) Provide such computer services and telecommunications services to local governmental units and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos as the division considers to be appropriate and as the division can efficiently and economically provide. The 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 division may charge local governmental units 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. 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 shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.
16.973(2)(c)
(c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the division considers to be appropriate and as the division can efficiently and economically provide. The 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 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 secretary.
