16.973(13)(a)2.
2. Whether the work proposed in the order or amendment is necessary.
16.973(13)(b)
(b) The department or an executive branch agency may exclude from a contract described in
par. (a) the stipulation required under
par. (a) if all of the following conditions are satisfied:
16.973(13)(b)1.
1. Including such a stipulation would negatively impact contract negotiations or significantly reduce the number of bidders on the contract.
16.973(13)(b)2.
2. If the exclusion is sought by an executive branch agency, that agency submits to the department a plain-language explanation of the reasons the stipulation was excluded and the alternative provisions the executive branch agency will include in the contract to ensure that the contract will be completed on time and within the contract budget.
16.973(13)(b)3.
3. If the exclusion is sought by the department, the department prepares a plain-language explanation of the reasons the stipulation was excluded and the alternative provisions the department will include in the contract to ensure that the contract will be completed on time and within the contract budget.
16.973(13)(b)4.
4. The department submits for approval by the joint committee on information policy and technology any explanation and alternative contract provisions required under
subd. 2. or
3. If, within 14 working days after the date that the department submits any explanation and alternative contract provisions required under this subdivision, the joint committee on information policy and technology does not contact the department, the explanation and alternative contract provisions shall be deemed approved.
16.973(14)(a)(a) Require each executive branch agency, other than the Board of Regents of the University of Wisconsin system, that has entered into an open-ended contract for the development of information technology to submit to the department quarterly reports documenting the amount expended on the information technology development project. In this subsection, "open-ended contract" means a contract for information technology that includes one or both of the following:
16.973(14)(a)1.
1. Stipulations that provide that the contract vendor will deliver information technology products or services but that do not specify a maximum payment amount.
16.973(14)(a)2.
2. Stipulations that provide that the contract vendor shall be paid an hourly wage but that do not set a maximum limit on the number of hours required to complete the information technology project.
16.973(14)(b)
(b) Compile and annually submit to the joint committee on information technology the reports required under
par. (a).
16.973(16)
(16) No later than March 1 and September 1 of each year, submit to the joint committee on information policy and technology a report that documents for each executive branch agency information technology project with an actual or projected cost greater than $1,000,000 or that the department of administration has identified as a large, high-risk information technology project under
sub. (10) (a) all of the following:
16.973(16)(b)
(b) Original and updated completion dates for the project and any stage of the project.
16.973(16)(c)
(c) An explanation for any variation between the original and updated costs and completion dates under
pars. (a) and
(b).
16.973(16)(d)
(d) A copy of any contract entered into by the department for the project and not provided in a previous report.
16.973(16)(f)
(f) The amount of any funding provided for the project through a master lease under
s. 16.76 (4).
16.973(16)(g)
(g) Information about the status of the project, including any portion of the project that has been completed.
16.973(16)(h)
(h) Any other information about the project, or related information technology projects, requested by the joint committee on information policy and technology.
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;
2007 a. 1,
20.
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
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.
TECHNOLOGY FOR EDUCATIONAL ACHIEVEMENT
16.99
16.99
Definitions. In this subchapter:
16.99(1d)
(1d) "Charter school sponsor" means an entity described under
s. 118.40 (2r) (b) that is sponsoring a charter school.
16.99(1m)
(1m) "Data line" means a data circuit that provides direct access to the Internet.
16.99(2g)
(2g) "Educational agency" means a school district, charter school sponsor, juvenile correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, public museum, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.
16.99(3)
(3) "Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school and related telecommunications services.
16.99(3b)
(3b) " Juvenile correctional facility" means the Southern Oaks Girls School, the Ethan Allen School, and the Lincoln Hills School.
16.99(3d)
(3d) "Political subdivision" means any city, village, town, or county.
16.99(3g)
(3g) "Private college" means a private, regionally accredited, 4-year, nonprofit college or university that is incorporated in this state or that has its regional headquarters and principal place of business in this state or a tribally controlled college in this state.
16.99(3p)
(3p) "Public museum" means a nonprofit or publicly owned museum located in this state that is accredited by the American Association of Museums or an educational center that is affiliated with such a museum.
16.99(5)
(5) "Universal service fund" means the trust fund established under
s. 25.95.
16.99(6)
(6) "Video link" means a 2-way interactive video circuit.
16.993
16.993
Technology for educational achievement in Wisconsin; departmental duties. The department shall do all of the following:
16.993(1)
(1) In cooperation with school districts, cooperative educational service agencies, the technical college system board, and the board of regents of the University of Wisconsin System, promote the efficient, cost-effective procurement, installation, and maintenance of educational technology by school districts, cooperative educational service agencies, technical college districts, and the University of Wisconsin System.
