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 and technology 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 policy and 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(6)
(6) Notwithstanding
subs. (1m) and
(2), the revisor of statutes shall approve the specifications for preparation and schedule for delivery of computer databases 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),
(kp) and
(kq) . 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 databases 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) Coordinate with the technology for educational achievement in Wisconsin board to provide school districts and cooperative educational service agencies with telecommunications access under
s. 44.73 and contract with telecommunications providers to provide such access.
16.974(7)(b)
(b) Subject to
s. 44.73 (5), coordinate with the technology for educational achievement in Wisconsin board to provide private colleges, technical college districts, public library boards and public library systems with telecommunications access under
s. 44.73 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. 44.73 and contract with telecommunications providers to provide such access.
16.974(7)(d)
(d) Coordinate with the technology for educational achievement in Wisconsin board to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School for the Deaf with telecommunications access under
s. 44.73 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 employees. 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 employees 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 employee shall be determined on the basis of the base pay received by the employee 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 employees in the classified service. Such employees shall also have reinstatement privileges to the classified service as provided under
s. 230.33 (1). Employees 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.
16.98(4)
(4) From the appropriation under
s. 20.505 (1) (fo), the department may provide grants to any organization with which the department contracts to operate the program under
sub. (1).
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.
