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 department 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 department that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the department's notification, the department may approve acquisition of the resource. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department 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 department 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
sub. (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 department 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 department shall annually report to the legislature under
s. 13.172 (2) concerning the department's efforts to improve and increase the efficiency of integration of justice information systems.
16.971(11)
(11) The department may charge executive branch agencies for information technology development and management services provided to them by the department under this section.
16.971(13)
(13) Provide juvenile correctional facilities, school districts, and cooperative educational service agencies with telecommunications access under
s. 16.997 and contract with telecommunications providers to provide that access.
16.971(14)
(14) Provide private colleges, technical college districts, public library boards, public library systems, and public museums with telecommunications access under
s. 16.997 and contract with telecommunications providers to provide that access.
16.971(15)
(15) Provide private schools with telecommunications access under
s. 16.997 and contract with telecommunications providers to provide that access.
16.971(16)
(16) Provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under
s. 16.997 and contract with telecommunications providers to provide that access.
16.971(17)
(17) Provide educational agencies that are eligible for a rate discount on telecommunications services under
47 USC 254 with additional telecommunications access under
s. 16.998 and contract with telecommunications providers to provide that access.
16.971 History
History: 1971 c. 261; Stats. 1971 s. 16.96; Stats. 1971 s. 16.97;
1975 c. 39;
1977 c. 29;
1977 c. 196 s.
130 (3);
1979 c. 34,
221;
1981 c. 20;
1987 a. 142;
1989 a. 31;
1991 a. 39 ss.
180b,
192b; Stats. 1991 s. 16.971;
1993 a. 16;
1995 a. 27 ss.
324,
331,
408 to
423m,
9126 (19);
1995 a. 417;
1997 a. 27,
36;
1999 a. 9,
29,
32;
1999 a. 150 s.
672;
1999 a. 185,
186;
2001 a. 16 ss.
349 to
360; Stats. 2001 s. 22.03;
2001 a. 104;
2003 a. 33 ss.
234d to
238d,
757 to
767; Stats. 2003 s. 16.971;
2005 a. 25,
220,
344.
16.972
16.972
Powers of the department. 16.972(1)(ag)
(ag) "Qualified museum" means a nonprofit or publicly owned museum that has an educational mission.
16.972(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.
16.972(1)(c)
(c) "Qualified private school" means a private school, as defined in
s. 115.001 (3r), operating elementary or high school grades.
16.972(1)(d)
(d) "Qualified zoo" means a bona fide publicly owned zoo that has an educational mission.
16.972(2)(a)
(a) Provide such telecommunications services to agencies as the department considers to be appropriate. An agency may use telecommunications services, including data and voice over Internet services, provided to the agency by or through the department only for the purpose of carrying out its functions. No agency may offer, resell, or provide telecommunications services, including data and voice over Internet services, that are available from a private telecommunications carrier to the general public or to any other public or private entity.
16.972(2)(b)
(b) Except as provided in
par. (a), provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos, as the department considers to be appropriate and as the department can efficiently and economically provide. The department 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 department may charge local governmental units, the broadcasting corporation, 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 department. 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 department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.
16.972(2)(c)
(c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the department considers to be appropriate and as the department can efficiently and economically provide. The department 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 department 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 department.
16.972(2)(d)
(d) Undertake such studies, contract for the performance of such studies, and appoint such councils and committees for advisory purposes as the department considers appropriate to ensure that the department's plans, capital investments and operating priorities meet the needs of agencies local governmental units and entities in the private sector served by the department. The department 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.
16.972(2)(e)
(e) Provide technical services to agencies in making hardware acquisitions to be used for computer services.
16.972(2)(f)
(f) Acquire, operate, and maintain any information technology equipment or systems required by the department to carry out its functions, and provide information technology development and management services related to those information technology systems. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of equipment or systems acquired, operated, maintained, or provided or services provided under this paragraph in accordance with a methodology determined by the department. The department may also charge any agency for such costs as a component of any services provided by the department to the agency.
16.972(2)(g)
(g) Assume direct responsibility for the planning and development of any information technology system in the executive branch of state government outside of the University of Wisconsin System that the department determines to be necessary to effectively develop or manage the system, with or without the consent of any affected executive branch agency. The department may charge any executive branch agency for the department's reasonable costs incurred in carrying out its functions under this paragraph on behalf of that agency.
16.972(2)(h)
(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.
16.972(2)(i)
(i) Accept gifts, grants, and bequests, to be used for the purposes for which made, consistently with applicable laws.
16.972 History
History: 2001 a. 16 ss.
361 to
365,
1029; Stats. 2001 s. 22.05;
2003 a. 33 ss.
768 to
776; Stats. 2003 s. 16.972;
2005 a. 25.
16.973
16.973
Duties of the department. The department shall:
16.973(1)
(1) Provide or contract with a public or private entity to provide computer services to agencies. The department may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the department.
16.973(2)
(2) Promulgate methodologies for establishing all fees and charges established or assessed by the department under this subchapter.
16.973(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.
16.973(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 department.
16.973(5)
(5) Utilize all feasible technical means to ensure the security of all information submitted to the department for processing by agencies, local governmental units and entities in the private sector.
16.973(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 department shall not require its paid consultants to file statements of economic interests.
16.973(7)
(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.
16.973(8)
(8) Offer the opportunity to local governmental units to voluntarily obtain computer or supercomputer services from the department when those services are provided under
s. 16.972 (2) (b) or
(c), and to voluntarily participate in any master contract established by the department under
s. 16.972 (2) (h) or in the use of any informational system or device provided by the department under 16.974 (3).
16.973(9)
(9) In consultation with the department of veterans affairs, administer a program to increase outreach to veterans regarding veterans services and benefits, and to provide training to employees of the department of veterans affairs and county veterans service officers.
16.973 History
History: 2001 a. 16 ss.
367 to
369,
1030 to
1030m;
2003 a. 33 ss.
777 to
781; Stats. 2003 s. 16.973.
16.974
16.974
Powers of the department. The department may:
16.974(1)
(1) Establish and collect assessments and charges for all authorized services provided by the department, subject to applicable agreements under
sub. (2).
16.974(2)
(2) Subject to
s. 16.972 (2) (b), enter into and enforce an agreement with any agency, any authority, any unit of the federal government, any local governmental unit, or any entity in the private sector to provide services authorized to be provided by the department to that agency, authority, unit, or entity at a cost specified in the agreement.
16.974(3)
(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, or entities in the private sector, or otherwise permitting the transaction of business by agencies, authorities, local governmental units, or entities in the private sector 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, or entity in the private sector for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, or entity.
16.974(5)
(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.
16.974 History
History: 2001 a. 16;
2003 a. 33 ss.
782 to
785c; Stats. 2003 s. 16.974.
16.975
16.975
Access to information. The department shall withhold from access under
s. 19.35 (1) all information submitted to the department by agencies, authorities, units of the federal government, local governmental units or entities in the private sector for the purpose of processing. The department may not process such information without the consent of the agency, authority, unit or other entity which submitted the information and may not withhold such information from the agency, authority, unit or other entity or from any other person authorized by the agency, authority, unit or entity to have access to the information. The agency, authority, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the department and access to such information by that agency, authority, unit or entity or any other person shall be determined by that agency, authority, unit or other entity and in accordance with law.
16.975 History
History: 1991 a. 39;
1995 a. 27;
2001 a. 16 s.
372; Stats. 2001 s. 22.11;
2003 a. 33 s.
786; Stats. 2003 s. 16.975.
16.976
16.976
Strategic plans for executive branch agencies. 16.976(1)(1) As a part of each proposed strategic plan submitted under
s. 16.971 (2) (L), the department 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 proposed plan shall identify any changes in the functioning of the agency under the plan. In each even-numbered year, the plan shall include identification of any information technology development project that the agency plans to include in its biennial budget request under
s. 16.42 (1).
16.976(2)
(2) Each proposed strategic plan shall separately identify the initiatives that the executive branch agency plans to undertake from resources available to the agency at the time that the plan is submitted and initiatives that the agency proposes to undertake that would require additional resources.
16.976(3)
(3) Following receipt of a proposed strategic plan from an executive branch agency, the department shall, before June 1, notify the agency of any concerns that the department may have regarding the plan and provide the agency with its recommendations regarding the proposed plan. The department may also submit any concerns or recommendations regarding any proposed plan to the board for its consideration. The board shall then consider the proposed plan and provide the department with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.
16.976(4)
(4) Before June 15, the department shall consider any recommendations provided by the board under
sub. (3) and shall then approve or disapprove the proposed plan in whole or in part.
16.976(5)
(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.
16.976(6)
(6) The department shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.
16.976 History
History: 2001 a. 16;
2003 a. 33 ss.
787 to
791; Stats. 2003 s. 16.976.
16.977
16.977
Information technology portfolio management. With the assistance of executive branch agencies and the advice of the board, the department shall manage the information technology portfolio of state government in accordance with a management structure that includes all of the following:
16.977(1)
(1) Criteria for selection of information technology assets to be managed.
16.977(2)
(2) Methods for monitoring and controlling information technology development projects and assets.
16.977(3)
(3) Methods to evaluate the progress of information technology development projects and the effectiveness of information technology systems, including performance measurements for the information technology portfolio.
16.977 History
History: 2001 a. 16;
2003 a. 33 ss.
792,
793; Stats. 2003 s. 16.977.
16.978
16.978
Information technology management board. 16.978(1)(1) The board shall provide the department with its recommendations concerning any elements of the strategic plan of an executive branch agency that are referred to the board under
s. 16.976 (3).
16.978(2)
(2) The board may advise the department with respect to management of the information technology portfolio of state government under
s. 16.977.
16.978(3)
(3) The board may, upon petition of an executive branch agency, review any decision of the department under this subchapter affecting that agency. Upon review, the board may affirm, modify, or set aside the decision. If the board modifies or sets aside the decision of the department, the decision of the board stands as the decision of the department and the decision is not subject to further review or appeal.
16.978(4)
(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.
16.978 History
History: 2001 a. 16;
2003 a. 33 ss.
794,
795; Stats. 2003 s. 16.978.
16.9785
16.9785
Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in
s. 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.
16.9785 History
History: 1995 a. 27,
225;
1997 a. 27;
2001 a. 16, s.
308; Stats. 2001 s. 22.19;
2003 a. 33 s.
796; Stats. 2003 s. 16.9785.
16.979
16.979
Telecommunications operations and planning. 16.979(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 agencies, shall:
16.979(2)(a)
(a) Develop and maintain a statewide long-range telecommunications plan, which will serve as a major element for budget preparation, as guidance for technical implementation and as a means of ensuring the maximum use of shared systems by agencies when this would result in operational or economic improvements or both.
16.979(2)(b)
(b) Develop policy, standards and technical and procedural guidelines to ensure a coordinated and cost-effective approach to telecommunications system acquisition and utilization.
16.979(2)(c)
(c) Maintain a comprehensive inventory of all state-owned or leased telecommunications equipment and services.
16.979(2)(d)
(d) Monitor overall state expenditures for telecommunications systems and prepare an annual financial report on such expenditures.
16.979(2)(e)
(e) Review the operation of all telecommunications systems of this state to ensure technical sufficiency, adequacy and consistency with goals and objectives.
16.979(2)(f)
(f) Perform the functions of agency telecommunications officer for those agencies with no designated focal point for telecommunications planning, coordination, technical review and procurement.
16.979(3)
(3) Private college and university participation in state telecommunications network. The department may allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by the department.
16.979 History
History: 1977 c. 418;
1993 a. 246;
1997 a. 150;
2001 a. 16 ss.
375 to
380; Stats. 2001 s. 22.41;
2003 a. 33 ss.
797 to
800; Stats. 2003 s. 16.979.
FEDERAL RESOURCE ACQUISITION
