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.
16.973(2)(d)
(d) Undertake such studies, contract for the performance of such studies, and appoint such councils and committees for advisory purposes as the division considers appropriate to ensure that the division'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. The division 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.
16.973(2)(e)
(e) Provide technical services to agencies in making hardware acquisitions to be used for computer services.
16.974
16.974
Duties of the division of information technology services. The division of information technology services shall:
16.974(1)
(1) Provide or contract with a public or private entity to provide computer services to agencies. The division may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the secretary.
16.974(3)
(3) Facilitate the implementation of statewide initiatives, including development and maintenance of policies and programs to protect the privacy of individuals who are the subjects of information contained in the data bases of agencies, and of technical standards and sharing of applications among agencies and any participating local governmental units or entities in the private sector.
16.974(4)
(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.
16.974(5)
(5) Utilize all feasible technical means to ensure the security of all information submitted to the division for processing by agencies, local governmental units and entities in the private sector.
16.974(6)
(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 shall not require its paid consultants to file statements of economic interests.
16.974(7)(a)(a) Subject to
s. 196.218 (4r) (f), coordinate with the technology for educational achievement in Wisconsin board to provide school districts, cooperative educational service agencies and technical college districts with telecommunications access under
s. 196.218 (4r) and contract with telecommunications providers to provide such access.
16.974(7)(b)
(b) Coordinate with the technology for educational achievement in Wisconsin board to provide private colleges and public library boards with telecommunications access under
s. 196.218 (4r) and contract with telecommunications providers to provide such access.
16.974(7)(c)
(c) Coordinate with the technology for educational achievement in Wisconsin board to provide private schools with telecommunications access under
s. 196.218 (4r) and contract with telecommunications providers to provide such access.
16.975
16.975
Access to information. The division of information technology services shall withhold from access under
s. 19.35 (1) all information submitted to the division by agencies, local governmental units or entities in the private sector for the purpose of processing. The division may not process such information without the consent of the agency, unit or other entity which submitted the information and may not withhold such information from the agency, unit or other entity or from any other person authorized by the agency, unit or entity to have access to the information. The agency, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the division and access to such information by that agency, unit or entity or any other person shall be determined by that agency, unit or other entity and in accordance with law.
16.975 History
History: 1991 a. 39;
1995 a. 27.
16.979
16.979
Treatment of classified employes. Those individuals holding positions in the classified service in the department who are engaged in legislative text processing functions and who achieved permanent status in class on August 9, 1989, shall retain, while serving in the unclassified service in the legislature or any legislative branch agency, those protections afforded employes in the classified service under
ss. 230.34 (1) (a) and
230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay except that the applicability of any reduction in base pay of such an employe shall be determined on the basis of the base pay received by the employe on August 9, 1989, plus the total amount of any subsequent general economic increases provided in the compensation plan under
s. 230.12 for nonrepresented employes in the classified service. Such employes shall also have reinstatement privileges to the classified service as provided under
s. 230.33 (1). Employes of the department holding positions in the classified service on August 9, 1989, who are engaged in legislative text processing functions and who have not achieved permanent status in class in any position in the department on that date are eligible to receive the protections and privileges preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold.
16.979 History
History: 1989 a. 31;
1997 a. 27.
FEDERAL RESOURCE ACQUISITION
16.98
16.98
Federal resource acquisition. 16.98(1)
(1) The department shall engage in such activities as the secretary deems necessary to ensure the maximum utilization of federal resources by state agencies and institutions and other eligible organizations and units of government, including community development corporations as defined in
s. 234.94 (2). The department shall acquire excess and surplus real and personal property at such cost to the recipient as is necessary to amortize expenditures for transportation, packing, crating, handling and program overhead, except that the department may transfer any excess or surplus personal property to the department of tourism, upon request of the department of tourism, at no cost, subject to any limitation or restriction imposed by federal law.
16.98(2)
(2) The department may, in accordance with federal law, operate warehouses and otherwise provide for the temporary storage of property being transferred.
16.98(3)
(3) All proceeds from the sale of land, buildings, supplies and equipment received under this section shall be credited to the appropriation under
s. 20.505 (1) (im) or
(ka). Such proceeds may be used for the purchase of lands and buildings or for construction or improvement of buildings for the purpose of storing and handling excess and surplus property.
16.981
16.981
Transfer of appropriations. On June 30 of each fiscal year, the department shall determine the amount within the appropriation under
s. 20.505 (1) (im) by which total expenditures for the operation of warehouses and distribution centers under the federal resource acquisition program have exceeded income attributable to that operation under that appropriation as of that date. Immediately prior to the end of the fiscal year, the department shall transfer to the appropriation under
s. 20.505 (1) (im) an amount equal to that excess from the unencumbered balances in the appropriation under
s. 20.505 (1) (a). If the excess exceeds the unencumbered balance in any fiscal year, the department shall transfer all of the unencumbered balance. If the unencumbered balance exceeds the excess in any fiscal year, the department shall transfer an amount equal to the excess.
16.981 History
History: 1987 a. 27.
TELECOMMUNICATIONS
16.99
16.99
Telecommunications operations and planning. 16.99(1)(1)
Definition. In this section, "telecommunications" mean all services and facilities capable of transmitting, switching or receiving information in any form, by wire, radio or other electronic means.
16.99(2)
(2) Powers and duties. 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, shall:
