AB67,14,1313
(b) "Authority" has the meaning given in s. 19.32 (1).
AB67,14,1514
(c) "Processing" includes calculating, comparing, sequencing, displaying or
15storing.
AB67,14,1716
(d) "Regulatory power" means the power to authorize or require a specific class
17of persons to perform certain acts.
AB67,14,2018
(e) "Year 2000 processing" means the processing, transmitting or receiving of
19date data from, into, and between the 20th and 21st centuries and during the years
201999 and 2000, and from leap year calculations.
AB67,14,2321
(f) "Year 2000 statement" means any communication or other conveyance of
22information by a person to another person or to the public, in any form or medium,
23including a computer program:
AB67,14,2524
1. Concerning an assessment, projection or estimate relating to year 2000
25processing capabilities of an entity, product, service or set of products and services.
AB67,15,3
12. Concerning plans, objectives, or timetables for implementing or verifying the
2year 2000 processing capabilities of an entity, product, service or set of products and
3services.
AB67,15,64
3. Concerning test plans, test dates, test results or operational problems or
5solutions related to year 2000 processing by products or services that incorporate or
6utilize products.
AB67,15,107
4.
Concerning the correction or avoidance of a year 2000 processing failure in
8computer hardware, a computer system, a component of a computer system, a
9computer program or software or services utilizing any computer hardware, system,
10component, program or software or services.
AB67,15,1211
5. Reviewing, commenting on, or otherwise directly or indirectly relating to
12year 2000 processing capabilities.
AB67,15,18
13(2) Each authority may require any person over whom the authority exercises
14regulatory power to provide to the authority information relating to year 2000
15processing, including a year 2000 statement, with respect to any matter relating to
16public health or safety that is regulated by that authority or any matter relating to
17public health or safety that has an effect upon a matter that is regulated by that
18authority.
AB67,15,20
19(3) (a) Each director, partner or proprietor of a business shall forfeit $100 if the
20business does any of the following:
AB67,15,2121
1. Fails to provide any information required under sub. (2).
AB67,15,2322
2. Knowingly gives a false answer to any request for information made under
23sub. (2).
AB67,15,2424
3. Evades the answer to any request for information made under sub. (2).
AB67,15,2525
(b) Each day of violation under par. (a) constitutes a separate offense.
AB67,16,3
1(4) (a) Except as provided in pars. (b) and (c), each authority shall withhold
2from access by any person under s. 19.35 (1) all information provided to the authority
3under sub. (2).
AB67,16,74
(b) Each authority shall provide to the department of administration, upon
5written request of the department, any information provided to the authority under
6sub. (2). The department of administration shall withhold from access by any person
7under s. 19.35 (1) any information provided to the department under this paragraph.
AB67,16,108
(c) Any person who provides information to an authority under sub. (2) may
9consent in writing to that authority for the authority to provide that information to
10another specified person or to any person.
AB67,16,12
11(5) No information provided to an authority upon request of the authority
12under sub. (2) is admissible in evidence in any civil action or proceeding.
AB67, s. 18
13Section
18. 134.99 (1) of the statutes is amended to read:
AB67,16,1814
134.99
(1) Whoever is concerned in the commission of a violation of this
15chapter
, except s. 134.92, for which a forfeiture is imposed is a principal and may be
16charged with and convicted of the violation although he or she did not directly
17commit it and although the person who directly committed it has not been convicted
18of the violation.
AB67, s. 19
19Section
19. 166.03 (2) (a) 6. of the statutes is created to read:
AB67,17,420
166.03
(2) (a) 6. Provide funding to one or more counties, cities, villages or
21towns for the testing of the local emergency management services agency
22contingency plans for responding to the failure of an electronic computing device to
23process, transmit or receive date data from, into and between the 20th and 21st
24centuries, and during the years 1999 and 2000, and from leap year calculations. In
25this subdivision, "electronic computing device" means any computer hardware or
1software, computer chip, embedded chip, process control equipment, or other
2information system used to capture, store, manipulate, or process information, or
3that controls, monitors, or assists in the operation of physical apparatus that relies
4on automation or digital technology to function.
AB67, s. 20
5Section
20. 166.03 (2) (a) 6. of the statutes, as created by 1999 Wisconsin Act
6.... (this act), is repealed.
AB67, s. 21
7Section
21. 218.015 (7) of the statutes is amended to read:
AB67,17,138
218.015
(7) In Except as provided in s. 893.83, in addition to pursuing any other
9remedy, a consumer may bring an action to recover for any damages caused by a
10violation of this section. The court shall award a consumer who prevails in such an
11action twice the amount of any pecuniary loss, together with costs, disbursements
12and reasonable attorney fees, and any equitable relief the court determines
13appropriate.
AB67, s. 22
14Section
22. 560.05 (3) of the statutes is amended to read:
AB67,17,2115
560.05
(3) The Subject to s. 893.83, the state shall be liable for accrued rentals
16and for any other default under any lease or sublease made under sub. (2) (c) and may
17be sued therefor on contract as in other contract actions under ch. 775, except that
18it shall not be necessary for the lessor under any such lease or sublease or any
19assignee of such lessor or any person or other legal entity proceeding on behalf of such
20lessor to file any claim with the legislature prior to the commencement of any such
21action.
AB67, s. 23
22Section
23. 775.01 of the statutes is amended to read:
AB67,18,4
23775.01 Actions against state; bond.
Upon Except as provided in s. 893.83,
24upon the refusal of the legislature to allow a claim against the state the claimant may
25commence an action against the state by service as provided in s. 801.11 (3) and by
1filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties,
2to be approved by the attorney general, to the effect that the claimant will indemnify
3the state against all costs that may accrue in such action and pay to the clerk of court
4all costs, in case the claimant fails to obtain judgment against the state.
AB67, s. 24
5Section
24. 814.04 (intro.) of the statutes is amended to read:
AB67,18,9
6814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m),
7106.04 (6) (i) and (6m) (a),
100.261 (4) (a) 3., 115.80 (9), 769.313, 814.025, 814.245,
8895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2)
9(d) and 943.51 (2) (b), when allowed
, costs shall be as follows:
AB67, s. 25
10Section
25. 893.83 of the statutes is created to read:
AB67,18,12
11893.83 Claims against state and local governmental units resulting
12from certain incorrect dates. (1) In this section:
AB67,18,1713
(a) "Electronic computing device" means any computer hardware or software,
14computer chip, embedded chip, process control equipment, or other information
15system used to capture, store, manipulate, or process information, or that controls,
16monitors, or assists in the operation of physical apparatus that relies on automation
17or digital technology to function.
AB67,18,2118
(b) "Local governmental unit" means a political subdivision of this state, a
19special purpose district in this state, an instrumentality or corporation of such a
20political subdivision or special purpose district, a combination or subunit of any of
21the foregoing or an instrumentality of the state and any of the foregoing.
AB67,18,2222
(c) "Process" includes calculate, compare, sequence, display or store.
AB67,19,223
(cm) "Remediation plan" means a written document that includes a listing of
24tasks, resources and target milestone dates, developed to implement changes to
25ensure that electronic computing devices will accurately process, transmit and
1receive date data from, into and between the 20th and 21st centuries and during the
2years of 1999 and 2000, and from leap year calculations.
AB67,19,63
(d) "State governmental unit" means this state, and every subunit or
4instrumentality of this state, including any institution or authority, regardless of
5whether moneys are appropriated to the unit, but does not include a local
6governmental unit.
AB67,19,17
7(2) No person may maintain an action against any state governmental unit or
8local governmental unit, or any officer, employe or agent of such a unit acting in his
9or her capacity as an officer, employe or agent, for any damages arising from any
10wrongful act or omission caused by the failure of an electronic computing device that
11is controlled by such a unit, officer, employe or agent to process, transmit or receive
12date data from, into and between the 20th and 21st centuries and during the years
131999 and 2000, and from leap year calculations, if the unit had a remediation plan
14in effect at the time of the act or omission that was designed to prevent the failure
15and the unit or the officer, employe or agent made a reasonable effort to find, identify
16and replace or correct any electronic computing device that may have contributed to
17the failure.
AB67,19,20
18(3) Any provision of a contract entered into, extended, modified or renewed by
19a state governmental unit or local governmental unit on or after the effective date
20of this subsection .... [revisor inserts date], contrary to sub. (2) is void.
AB67, s. 26
21Section
26. 904.17 of the statutes is created to read:
AB67,19,22
22904.17 Year 2000 statements. (1) In this section:
AB67,20,223
(a) "Local governmental unit" means a political subdivision of this state, a
24special purpose district in this state, an instrumentality or corporation of such a
1political subdivision or special purpose district, a combination or subunit of any of
2the foregoing or an instrumentality of the state and any of the foregoing.
AB67,20,43
(b) "Processing" includes calculating, comparing, sequencing, displaying or
4storing.
AB67,20,75
(c) "Year 2000 processing" means the processing, transmitting or receiving of
6date data from, into and between the 20th and 21st centuries, and during the years
71999 and 2000, and from leap year calculations.
AB67,20,108
(d) "Year 2000 statement" means any communication or other conveyance of
9information by a person to another or to the public in any form or medium, including
10a computer program:
AB67,20,1211
1. Concerning an assessment, projection, or estimate relating to year 2000
12processing capabilities of an entity, product, service or set of products and services.
AB67,20,1513
2. Concerning plans, objectives or timetables for implementing or verifying the
14year 2000 processing capabilities of an entity, product, service or set of products and
15services.
AB67,20,1816
3. Concerning test plans, test dates, test results or operational problems or
17solutions related to year 2000 processing by products or services that incorporate or
18utilize products.
AB67,20,2219
4. Concerning the correction or avoidance of a year 2000 processing failure in
20computer hardware, a computer system, a component of a computer system, a
21computer program or software or services utilizing any computer hardware, system,
22component, program or software or services.
AB67,20,2423
5. Reviewing, commenting on, or otherwise directly or indirectly relating to
24year 2000 processing capabilities.
AB67,21,2
1(2) No information provided to an authority under s. 134.92 (2) is admissible
2in evidence in any civil action or proceeding.
AB67,21,5
3(3) Except for information covered under sub. (2), information contained in a
4year 2000 statement may be offered in evidence in any civil action or proceeding only
5if one of the following applies:
AB67,21,86
(a) The information is contained in a year 2000 statement made by a person
7who knew that the statement was false, misleading or deceptive or that was made
8with reckless disregard as to the truth or falsity of the statement.
AB67,21,109
(b) The information is contained in a republished year 2000 statement that the
10person who republished the statement knew was false, misleading or deceptive.
AB67,21,1411
(c) The information is contained in a year 2000 statement that was made by a
12person who was compensated for making that statement as part of a contractual
13service related to the assessment, contingency planning, remediation or testing of a
14failure in year 2000 processing.
AB67,21,1715
(d) The information is contained in a year 2000 statement that was made by
16a person when soliciting a consumer, including when advertising or offering to sell
17a product.
AB67,21,2118
(e) The information is being offered in a civil action or proceeding brought by
19a local governmental unit acting in a regulatory, supervisory or enforcement capacity
20or by a state governmental unit acting in a regulatory, supervisory or enforcement
21capacity.
AB67,21,2322
(f) The information is being offered in any action or proceeding brought under
23s. 100.261.
AB67,22,9
1(1)
Position authorizations. The authorized FTE positions for the department
2of agriculture, trade and consumer protection are increased by 4.0 GPR project
3positions, to be funded from the appropriation under section 20.115 (1) (d) of the
4statutes, as created by this act, for the purpose of administering and enforcing
5section 100.261 of the statutes, as created by this act, and other consumer protection
6activities relating to the year 2000 readiness, as defined in section 100.261 (1) (c) of
7the statutes, as created by this act, of an electronic computing device, as defined in
8section 100.261 (1) (a) of the statutes, as created by this act for the period ending on
9June 30, 2001.
AB67,22,1010
(2)
Year 2000 educational outreach.
AB67,22,1111
(a) In this subsection:
AB67,22,16
121. "Electronic computing device" means any computer hardware or software,
13computer chip, embedded chip, process control equipment, or other information
14system used to capture, store, manipulate, or process information, or that controls,
15monitors, or assists in the operation of physical apparatus that relies on automation
16or digital technology to function.
AB67,22,17
172. "Process" includes calculate, compare, sequence, display or store.
AB67,23,218
(b) Notwithstanding section 16.705 (1) of the statutes, from the moneys
19appropriated under section 20.505 (1) (fo) of the statutes, as created by this act, the
20department of administration shall contract with one or more private contractors to
21provide educational outreach with respect to potential failures of electronic
22computing devices to process, transmit or receive date data from, into and between
23the 20th and 21st centuries and during the years 1999 and 2000, and from leap year
24calculations, and methods of correction of and contingency planning for such
25failures. No contract entered into under this subsection may extend beyond
1December 31, 1999. Section 16.705 (2) and (3) of the statutes do not apply to any such
2contract.
AB67,23,64
(1)
Immunity for year 2000 statements. The treatment of section 904.17 of the
5statutes first applies to a year 2000 statement made on the effective date of this
6subsection.
AB67,23,117
(2)
State and local governmental liability. The treatment of sections 16.528
8(3) (f), 19.37 (2) and (3), 66.285 (4) (f), 218.015 (7), 560.05 (3), 775.01 and 893.83 of
9the statutes first applies with respect to noncontractual injuries occurring or injuries
10occurring under contracts entered into, extended, modified or renewed on the
11effective date of this subsection.
AB67,23,1312
(3)
Year 2000 impact statements. The creation of section 13.0992 of the statutes
13first applies to bills introduced on the effective date of this subsection.
AB67, s. 29
14Section
29.
Effective dates. This act takes effect on the day after
15publication, except as follows:
AB67,23,1716
(1)
Year 2000 impact statements. The repeal of section 13.0992 of the statutes
17takes effect on January 1, 2001.
AB67,23,1918
(2)
Educational outreach. The repeal of section 20.505 (1) (fo) of the statutes
19takes effect on July 1, 2000.
AB67,23,2120
(3)
Testing of contingency plans. The repeal of sections 20.465 (3) (b) and
21166.03 (2) (a) 6. of the statutes takes effect on July 1, 2000.
AB67,23,2322
(4)
The repeal of section 20.115 (1) (d) of the statutes takes effect on July 1,
232001.