Amendment ASA1-SB55

SB55-ASA1, s. 619 Section 619. 21.01 (3) of the statutes is created to read:

SB55-ASA1,430,14 21.01 (3) The Wisconsin naval militia shall consist of members or former members of U.S. naval, coast guard, or marine corps reserve, enlisted or appointed, who also join the Wisconsin naval militia. The members and units of the Wisconsin naval militia while in state service shall be under the command and control of the governor through the adjutant general. Their membership in the Wisconsin naval militia is authorized under the provisions of Title 10 U.S. Code Sections 7851, 7852, and 7854. The primary purpose of the naval militia will be to respond to the call of the governor to support the state of Wisconsin during times of natural disaster, state emergency, domestic disorder, or other public service support missions. The military structure of the units of the naval militia will be established by the adjutant general by military regulation, approved by the governor. The term "naval militia" when used in this chapter will refer to the members and units thus organized and not to the "national guard," unless the context otherwise requires that interpretation.

SB55-ASA1, s. 620 Section 620. 21.015 (1) of the statutes is amended to read:

SB55-ASA1,430,16 21.015 (1) Administer the national guard and the naval militia.

SB55-ASA1, s. 621 Section 621. 21.015 (2) of the statutes is amended to read:

SB55-ASA1,430,19 21.015 (2) Provide facilities for the national guard and the naval militia and any other support available from the appropriations under s. 20.465.

SB55-ASA1, s. 622 Section 622. 21.025 (2) (b) of the statutes is amended to read:

SB55-ASA1,430,23 21.025 (2) (b) The governor may form an aviation unit and a naval unit of the state defense force and formulate the rules and regulations therefor and prescribe the duties thereof consistent with the functions of the state defense force.

SB55-ASA1, s. 623 Section 623. 21.025 (2) (c) of the statutes is amended to read:

SB55-ASA1,431,3 21.025 (2) (c) Officers and enlistees, while on active duty under orders of the governor, shall receive the base pay and allowances of the their identical pay grade in the United States army.

SB55-ASA1, s. 624 Section 624. 21.03 of the statutes is amended to read:

SB55-ASA1,431,9 21.03 Distribution of arms. The governor may receive and distribute, according to law, the quota of arms and military equipment which the state may receive from the government of the United States under the provisions of any acts of congress providing for arming and equipping the national guard, the naval militia, and the state defense force.

SB55-ASA1, s. 625 Section 625. 21.07 of the statutes is amended to read:

SB55-ASA1,431,14 21.07 Decorations and awards. The adjutant general may prescribe decorations and awards for the Wisconsin national guard, the Wisconsin naval militia, and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.

SB55-ASA1, s. 626 Section 626. 21.09 of the statutes is amended to read:

SB55-ASA1,431,24 21.09 Training; special schools; pay and allowances. The governor may order the national guard or the naval militia, or both, to assemble for training at any military establishment within or without the state specified and approved by the department of defense and fix the dates and places thereof, and the governor may order members of the national guard and the naval militia, at their option, to attend such special schools for military training as may be authorized by the state or federal government. For such training and attendance at special schools, members of the national guard and the naval militia shall receive such pay and allowances as the federal government or the governor may authorize.

SB55-ASA1, s. 627 Section 627. 21.11 (1) of the statutes is amended to read:

SB55-ASA1,432,21 21.11 (1) In case of war, insurrection, rebellion, riot, invasion or resistance to the execution of the laws of this state or of the United States; in the event of public disaster resulting from flood, conflagration or tornado; in order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state, the governor may order into active service all or any portion of the national guard or the naval militia. If the governor is absent, or cannot be immediately communicated with, any such civil officer may, if the officer deems the occasion so urgent, make such application, which shall be in writing, to the commanding officers of any company, battalion or regiment, or similar naval militia unit, who may upon approval of the adjutant general, if the danger is great and imminent, order out that officer's command to the aid of such civil officer. Such order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander or similar naval militia commander receiving the same shall immediately communicate the substance thereof to each member of the company or naval militia unit, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.

SB55-ASA1, s. 628 Section 628. 21.11 (2) of the statutes is amended to read:

SB55-ASA1,433,3 21.11 (2) Any commissioned officer or enlisted member of the national guard or the naval militia who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1) shall be punished under the Wisconsin code of military justice. Any person who advises or endeavors to persuade an officer or soldier enlisted member to refuse or neglect to appear at such place or obey such order shall forfeit not less than $200 nor more than $1,000.

SB55-ASA1, s. 629 Section 629. 21.13 (1) of the statutes is amended to read:

SB55-ASA1,433,17 21.13 (1) If any member of the national guard, the naval militia, or the state defense force is prosecuted by any civil or criminal action for any act performed by the member while in the performance of military duty and in pursuance of military duty, the action against the member shall be defended by counsel, which may include the attorney general, appointed for that purpose by the governor upon the recommendation of the adjutant general. The adjutant general shall make the recommendation if the act performed by the member was in the line of duty. The costs and expenses of any such defense shall be audited by the department of administration and paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (b) and if the jury or court finds that the member of the national guard, the naval militia, or the state defense force against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall also be paid by the state.

SB55-ASA1, s. 630 Section 630. 21.13 (2) of the statutes is amended to read:

SB55-ASA1,433,21 21.13 (2) Any civil action or proceeding brought against a member of the national guard, the naval militia, or the state defense force under sub. (1) is subject to ss. 893.82 and 895.46.

SB55-ASA1, s. 631 Section 631. 21.18 (1) of the statutes is amended to read:

SB55-ASA1,434,9 21.18 (1) The Except as provided in sub. (4), the military staff of the governor shall consist of the adjutant general, with a minimum rank of brigadier general; a deputy adjutant general for army, who may be a general officer; an assistant adjutant general, army, for readiness and training, who may be a general officer; a deputy assistant adjutant general, army, for readiness and training; a deputy adjutant general for air, who may be a general officer; a chief surgeon for army, who may be a general officer; a chief surgeon for air, who may be a general officer; a staff judge advocate for army, who may be a general officer; a staff judge advocate for air, who may be a general officer; a state chaplain, who may be a general officer; and such other officers as the governor deems necessary. Vacancies in positions other than those of the adjutant general shall be filled through appointment by the adjutant general.

SB55-ASA1, s. 632 Section 632. 21.18 (4) of the statutes is created to read:

SB55-ASA1,434,22 21.18 (4) The military staff of the governor shall be to include an assistant to the adjutant general for readiness and training for the naval militia who shall hold the rank of rear admiral lower half, or brigadier general, depending upon branch of service. He or she shall be appointed by the adjutant general with the consent of the governor for a 3-year period and the appointee may be reappointed to successive periods. The appointment of this assistant to the adjutant general shall not be conditioned upon current membership in one of the United States armed forces reserves. However, the appointee must comply with sub. (2) and must currently be either a member of a U.S. reserve component, or have been separated from military service under honorable conditions. The remainder of the military staff of the naval militia shall be established by military regulations promulgated by the adjutant general and approved by the governor.

SB55-ASA1, s. 633 Section 633. 21.19 (2) of the statutes is amended to read:

SB55-ASA1,435,5 21.19 (2) The department of military affairs on behalf of the state may rent to appropriate organizations or individuals state-owned lands, buildings and facilities used by, acquired for, or erected for the Wisconsin national guard or other state recognized military force, when not required for use by the Wisconsin national guard, or other state recognized military force. Such rental shall not be effective unless in writing and approved by the governor and the adjutant general or a designee in writing.

SB55-ASA1, s. 634 Section 634. 21.19 (8) of the statutes is amended to read:

SB55-ASA1,435,10 21.19 (8) The adjutant general or a designee shall issue all necessary supplies to members and units of the national guard, naval militia, or state defense force and may contract for the purchase and transportation of such supplies, subject to s. 16.71 (1).

SB55-ASA1, s. 635 Section 635. 21.20 of the statutes is amended to read:

SB55-ASA1,435,17 21.20 Civil service status. All full-time state-paid employees of the department of military affairs shall be under the classified service, except the adjutant general, the executive assistant to the adjutant general, the deputy adjutants general for army and air, the assistant to the adjutant general for readiness and training for the naval militia, and the administrator of the division of emergency management.

SB55-ASA1, s. 636 Section 636. 21.30 of the statutes is amended to read:

SB55-ASA1,436,2 21.30 Chief surgeons; powers and duties. The chief surgeons for army and air shall, under direction of the adjutant general, have general supervision of the medical units of the Wisconsin national guard, the Wisconsin naval militia, and state defense force when organized. The chief surgeons shall make recommendations concerning procurement of medical supplies for state active duty operations, for the procurement and training of medical personnel and for the publication of Wisconsin national guard, Wisconsin naval militia, or state defense force directives on medical subjects. The chief surgeons shall submit an annual report of the affairs and expenses of their departments to the adjutant general.

SB55-ASA1, s. 637 Section 637. 21.32 of the statutes is amended to read:

SB55-ASA1,436,8 21.32 Physical examinations. The chief surgeons for army and, air, and naval militia shall provide for such physical examinations and inoculations of officers, enlistees and applicants for enlistment, in the Wisconsin national guard and the Wisconsin naval militia, as may be prescribed by department of defense and national guard regulations and, if applicable, Wisconsin naval militia regulations.

SB55-ASA1, s. 638 Section 638. 21.35 of the statutes is amended to read:

SB55-ASA1,436,24 21.35 Federal laws and regulations; no discrimination. The organization, armament, equipment and discipline of the Wisconsin national guard and the Wisconsin naval militia shall be that prescribed by federal laws or regulations; and the governor may by order perfect such organization, armament, equipment and discipline, at any time, so as to comply with such laws and regulations insofar as they are consistent with the Wisconsin code of military justice. Notwithstanding any rule or regulation prescribed by the federal government or any officer or department thereof, no person, otherwise qualified, may be denied membership in the Wisconsin national guard or the Wisconsin naval militia because of sex, color, race, creed or sexual orientation and no member of the Wisconsin national guard or the Wisconsin naval militia may be segregated within the Wisconsin national guard or the Wisconsin naval militia on the basis of sex, color, race, creed or sexual orientation. Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, public toilets, showers, saunas and dressing rooms.

SB55-ASA1, s. 639 Section 639. 21.36 (1) of the statutes is amended to read:

SB55-ASA1,437,10 21.36 (1) The rules of discipline and the regulations of the armed forces of the U.S. shall, so far as the same are applicable, constitute the rules of discipline and the regulations of the national guard and the naval militia; the rules and uniform code of military justice established by congress and the department of defense for the armed forces shall be adopted so far as they are applicable and consistent with the Wisconsin code of military justice for the government of the national guard and the naval militia, and the system of instruction and the drill regulations prescribed for the different arms and corps of the armed forces of the U.S. shall be followed in the military instruction and practice of the national guard and the naval militia, and the use of any other system is forbidden.

SB55-ASA1, s. 640 Section 640. 21.36 (2) of the statutes is amended to read:

SB55-ASA1,437,19 21.36 (2) The governor may make and publish rules, regulations and orders for the government of the national guard and the naval militia, not inconsistent with the law, and cause the same, together with any laws relating thereto, to be printed and distributed in book form or otherwise in such numbers as the governor deems necessary, and the governor may provide for all books, blank books, and blanks that may be necessary for the proper discharge of the duty of all officers. The governor may delegate the authority under this subsection to the adjutant general by executive order.

SB55-ASA1, s. 641 Section 641. 21.38 of the statutes is amended to read:

SB55-ASA1,437,25 21.38 Uniform of Wisconsin national guard. The uniform of the national guard and the naval militia shall be that prescribed by regulations for the corresponding branch of the United States armed forces. The uniform of the naval militia shall be consistent for all unit members regardless of the branch of service. This requirement shall be made by regulation by the adjutant general.

SB55-ASA1, s. 642 Section 642. 21.43 of the statutes is amended to read:

SB55-ASA1,438,10 21.43 Commissions and rank. The governor shall issue commissions to all officers whose appointments are approved by the governor. Every commission shall be countersigned by the secretary of state and attested by the adjutant general and continue as provided by law. Each officer so commissioned shall take and file with the department of military affairs the oath of office prescribed by article IV, section 28, of the constitution. All commissioned officers shall take rank according to the date assigned them by their commissions, and when 2 of the same grade rank from the same date, their rank shall be determined by length of service in the national guard and naval militia creditable for pay, and if of equal service then by lot.

SB55-ASA1, s. 643 Section 643. 21.47 of the statutes is amended to read:

SB55-ASA1,438,20 21.47 Examinations for promotion or appointments. The governor may order any subordinate officer or person nominated or recommended for promotion or appointment in the national guard or naval militia to be examined by any competent officer or board of officers, designated in orders for that purpose, as to that person's qualifications for the office to which that person may be recommended or appointed, and may take such action on the report of such examining officer or board of officers as the governor deems to be for the best interests of the service. The governor may also require the physical examination provided for admission to the United States army or, air force, navy, marine corps, or coast guard.

SB55-ASA1, s. 644 Section 644. 21.48 (1) of the statutes is amended to read:

SB55-ASA1,439,2 21.48 (1) Each officer and enlisted person of the Wisconsin national guard and the naval militia on active duty in the state under orders of the governor on a state pay basis shall receive the base pay and allowances of an officer or enlisted person of equal rank in the corresponding branch of the U.S. armed forces except that the base pay so provided shall not be less than $50 per day.

SB55-ASA1, s. 645 Section 645. 21.48 (3) of the statutes is amended to read:

SB55-ASA1,439,9 21.48 (3) The governor may order, with their consent, to active duty in the department of military affairs, any departmental officers of the governor's staff, including the adjutant general and, the deputy adjutants general, and the assistant to the adjutant general for readiness and training for the naval militia, and while so assigned the officers shall receive the pay, but not the allowances, of an officer of equal grade in the armed forces of the United States.

SB55-ASA1, s. 646 Section 646. 21.49 (1) (b) 2. of the statutes is amended to read:

SB55-ASA1,439,12 21.49 (1) (b) 2. Any accredited institution of higher education, as defined by rule by the higher educational aids board in 20 USC 1002.

SB55-ASA1, s. 1024c Section 1024c. 21.49 (3) (a) of the statutes is amended to read:

SB55-ASA1,439,22 21.49 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for a tuition grant equal to 100% of the actual tuition charged by the school or, 100% of the maximum resident undergraduate tuition charged by the university of Wisconsin-Madison for a comparable number of credits, or $1,000 per semester or $500 per summer session, whichever amount is less. The department shall promulgate rules establishing a methodology for determining the amount of the grant paid under this paragraph for a national guard member who is engaged in a part-time course or who attends a school that operates on a calendar other than a semester calendar.

SB55-ASA1, s. 1024g Section 1024g. 21.49 (3m) of the statutes is renumbered 21.49 (3m) (a) and amended to read:

SB55-ASA1,440,5 21.49 (3m) (a) The Except as provided in par. (b), the department may require a guard member who has received a grant under this section to repay the amount of the grant to the department if the national guard member, within 12 months of receipt of the grant, fails to meet any of the national guard service eligibility criteria established by the department by rule.

SB55-ASA1, s. 1024h Section 1024h. 21.49 (3m) (b) of the statutes is created to read:

SB55-ASA1,440,11 21.49 (3m) (b) A guard member shall repay all tuition grants paid under this section to the guard member during the term of his or her enlistment contract if the guard member is separated for cause from the national guard for misconduct, as defined in the rules and regulations of the national guard, or for being absence without leave for more than 9 unit training sessions.

SB55-ASA1, s. 647 Section 647. 21.59 of the statutes is amended to read:

SB55-ASA1,440,15 21.59 Issue of subsistence. The adjutant general, during state active duty of the national guard, the naval militia, or state defense force, shall issue subsistence to personnel.

SB55-ASA1, s. 648 Section 648. Chapter 22 (title) of the statutes is created to read:

SB55-ASA1,440,19 CHAPTER 22 DEPARTMENT OF electronic government

SB55-ASA1, s. 649 Section 649. 22.01 (2m), (5), (6m) and (10) of the statutes are created to read:

SB55-ASA1,440,21 22.01 (2m) "Board" means the information technology management board.

SB55-ASA1,440,22 (5) "Department" means the department of electronic government.

SB55-ASA1,440,25 (6m) "Information technology portfolio" means information technology systems, applications, infrastructure, and information resources and human resources devoted to developing and maintaining information technology systems.

SB55-ASA1,441,3 (10) "Telecommunications" means all services and facilities capable of transmitting, switching, or receiving information in any form by wire, radio, or other electronic means.

SB55-ASA1, s. 650 Section 650. 22.05 (1) (ac) of the statutes is created to read:

SB55-ASA1,441,6 22.05 (1) (ac) "Broadcasting corporation" has the meaning given under s. 39.81 (2).

SB55-ASA1, s. 651 Section 651. 22.05 (2) (f) to (i) of the statutes are created to read:

SB55-ASA1,441,17 22.05 (2) (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 chief information officer. The department may also charge any agency for such costs as a component of any services provided by the department to the agency.

SB55-ASA1,441,24 (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 chief information officer 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.

SB55-ASA1,442,7 (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 and 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 included under the contract pursuant to the terms of the contract.

SB55-ASA1,442,9 (i) Accept gifts, grants, and bequests, to be used for the purposes for which made, consistently with applicable laws.

SB55-ASA1, s. 652 Section 652. 22.07 (intro.) of the statutes is created to read:

SB55-ASA1,442,11 22.07 Duties of the department. (intro.) The department shall:

SB55-ASA1, s. 1030d Section 1030d. 22.07 (2) of the statutes is created to read:

SB55-ASA1,442,15 22.07 (2) Promulgate rules prescribing methodologies for establishing all fees and charges established or assessed by the department or the chief information officer under this chapter.

SB55-ASA1, s. 1030k Section 1030k. 22.07 (7) of the statutes is created to read:

SB55-ASA1,442,24 22.07 (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.

SB55-ASA1, s. 1030L Section 1030L. 22.07 (8) of the statutes is created to read:

SB55-ASA1,443,5 22.07 (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. 22.05 (2) (b) or (c), and to voluntarily participate in any master contract established by the department under s. 22.05 (2) (h) or in the use of any informational system or device provided by the department under 22.09 (3).

SB55-ASA1, s. 653 Section 653. 22.09 of the statutes is created to read:

SB55-ASA1,443,8 22.09 Powers of the chief information officer. The chief information officer may:

SB55-ASA1,443,10 (1) Establish and collect assessments and charges for all authorized services provided by the department, subject to applicable agreements under sub. (2).