LRB-1852/1
ALL:all:ijs
1999 - 2000 LEGISLATURE
January 28, 1999 - Introduced by Representatives Schneider and Kreuser.
Referred to Committee on Information Policy.
AB67,2,8
1An Act to repeal 13.0992, 20.115 (1) (d), 20.465 (3) (b), 20.505 (1) (fo) and 166.03
2(2) (a) 6.;
to renumber 21.11 (1);
to amend 19.37 (2), 19.37 (3), 134.99 (1),
3218.015 (7), 560.05 (3), 775.01 and 814.04 (intro.); and
to create 13.0992,
416.528 (3) (f), 20.115 (1) (d), 20.465 (3) (b), 20.505 (1) (fo), 21.11 (1) (b), 66.285
5(4) (f), 100.261, 134.92, 166.03 (2) (a) 6., 893.83 and 904.17 of the statutes;
6relating to: preparation of year 2000 impact statements; gathering of
7information by state and local governmental officers and agencies concerning
8year 2000 and leap year-related processing and public access to such
9information; educational outreach concerning year 2000 and leap year-related
10computer failures; untrue, deceptive or misleading statements in connection
11with the ability of an electronic computing device to process, transmit or receive
12date data from, into and between the 20th and 21st centuries, and during the
13years 1999 and 2000, and from leap year calculations; admissibility of
14statements regarding the year 2000 processing capabilities of a product or
1service; authorizing the department of military affairs to fund the testing of
2contingency emergency planning regarding the year 2000 computer problems;
3authorizing the activation of the national guard for public disasters related to
4the year 2000 computer issues; recovery of damages in certain actions against
5state and local governmental units and officers, employes and agents thereof
6caused by the incorrect processing, transmittal or receipt of certain date data;
7granting rule-making authority; making appropriations; and providing a
8penalty.
Analysis by the Legislative Reference Bureau
Year 2000 impact statements
This bill provides that whenever a bill is introduced in either house of the
legislature that would have an impact on the ability of a state governmental unit, a
local governmental unit or any other person to avoid a year 2000 problem, as defined
in the bill, the speaker of the assembly, president of the senate or the chairperson of
the standing committee to which the bill is referred may require that a year 2000
impact statement be prepared by the department of administration (DOA). The
statement describes the impact upon the year 2000 problem that would result from
enactment of the bill.
Information gathering
This bill permits any state or local governmental unit which or officer who has
regulatory power over any person to require that person to provide to the unit or
officer information relating to year 2000 processing. Year 2000 processing includes
any communication made by the person to any other person or persons: 1) concerning
an assessment, projection or estimate relating to, or plans, objectives or timetables
for implementing or verifying year 2000 processing capabilities of an entity, product,
service or set of products or services; 2) concerning test plans, dates or results, or
operational problems or solutions related to year 2000 processing by products or
services that incorporate or otherwise utilize products; 3) concerning the correction
or avoidance of a year 2000 processing failure in computer hardware, a computer
system, a component of a computer system, a computer program or software or
services utilizing any computer hardware, system, component, program or software
or services; or 4) reviewing, commenting on, or otherwise directly or indirectly
relating to year 2000 processing capabilities. The information may only pertain to
a matter relating to public health or safety that is regulated by that authority or a
matter relating to public health or safety that has an effect upon a matter that is
regulated by that authority. The bill defines "year 2000 processing" as processing,
transmitting or receiving date data from, into and between the 20th and 21st
centuries and during the years 1999 and 2000, and from leap year calculations.
Currently, no such authority exists.
Under the bill, if any business fails to provide the information required,
knowingly gives a false answer to a request for information or evades the answer to
any request for information, each director, partner or proprietor of that business is
subject to a forfeiture (civil penalty) of $100 for each offense. Each day of violation
constitutes a separate offense.
The bill requires each state or local governmental unit which or officer who
receives information under the bill to withhold from access all information provided
to the unit or officer under the public records access law, except that the unit or officer
must provide the information to DOA upon written request of the department and
may, upon written consent of a person who provides information to the unit or officer,
provide the information to another specified person or to any person.
Educational outreach
This bill directs DOA to contract with one or more private contractors to provide
educational outreach with respect to the potential failure of computers to process,
transmit or receive date data from, into and between the 20th and 21st centuries and
during the years 1999 and 2000 and from leap year calculations, and the methods
of correction and contingency planning for such failures. Under the bill, DOA has
discretion to determine the persons to whom the outreach is to be provided. The bill
appropriates $100,000 in general purpose revenue for this purpose, to be utilized
prior to January 1, 2000.
Currently, DOA has no authority or responsibility to conduct outreach for this
purpose. Under current law, state agencies may contract for services that they are
authorized or required to provide if the services can be provided more economically
or efficiently by contract, subject to certain statutory requirements, rules of DOA and
collective bargaining laws and agreements. State agencies must justify the need for
contractual service procurements. This bill provides that certain of these statutes
and rules do not apply to the contractual services that DOA is required to procure
under the bill.
False, deceptive or misleading statements or representations concerning
year 2000 readiness
This bill prohibits a person from making any statement or representation with
regard to the year 2000 readiness of an electronic computing device which is false,
misleading or deceptive. Under the bill, it is false, misleading or deceptive to state
or represent that an electronic computing device is able to process, transmit or
receive date data from, into and between the 20th and 21st centuries and during the
years 1999 and 2000, and from leap year calculations if the electronic computing
device cannot do so without modification or alteration.
A person who violates this prohibition may be subject to a forfeiture (civil
monetary penalty) of not less than $100 nor more than $10,000. In addition, a person
adversely affected by the false, misleading or deceptive statement or representation
may bring an action for relief and may be awarded one or more of the following:
damages of not less than $500 nor more than twice the amount of actual damages;
injunctive or declaratory relief; specific performance; and reasonable attorney fees.
In addition, the department of justice at the request of the department of agriculture,
trade and consumer protection (DATCP) or a district attorney may bring an action
to restrain a person from violating the prohibition created in the bill and to award
a person damaged by any violation twice the amount of damages the person suffered.
Finally, under the bill DATCP may request any person to provide DATCP with
information about the year 2000 readiness of any electronic computing device that
the person sells or offers to sell or has ever sold or offered to sell in this state. If a
person fails to respond to an information request from DATCP or if the person
provides false, misleading or deceptive information to DATCP, then any person
adversely affected by the failure of that electronic computing device to be year 2000
ready may bring an action against the person who failed to respond or who responded
with false, misleading or deceptive information. The court may award the injured
party appropriate relief, including damages of not less than $500 nor more than twice
the amount of actual damages, injunctive or declaratory relief, specific performance
and reasonable attorney fees.
Admissibility of statements concerning year 2000 processing capabilities
This bill provides that no year 2000 processing information provided by a
person at the request of a governmental unit that has regulatory power over the
person is admissible in any civil action or proceeding. Any other year 2000
processing information may be offered in evidence only if the information is in a
statement made by a person who knew that the statement was false, misleading or
deceptive or that was made with reckless disregard as to the truth or falsity of the
statement, if the information is in a republished year 2000 statement that the person
who republished the statement knew was false, misleading or deceptive, if the
information is in a statement made by a person who was compensated for providing
a year 2000 statement as part of a contractual service or made by a person when
soliciting a consumer, if the information is offered in any action brought by the state
or a local governmental unit acting in regulatory, supervisory or enforcement
capacity or if the information is offered in an action relating to false, deceptive or
misleading statements or representations concerning year 2000 readiness.
Testing of local emergency management contingency plans
Under current law, the adjutant general, as the head of the department of
military affairs is required to develop and promulgate a statewide plan of emergency
management for the security of persons and property and to provide training to and
standards for local emergency planning agencies. This bill gives the adjutant
general the funding authority for the testing of the local emergency management
agency contingency plans concerning possible failure of computer devices to deal
with the year 2000 problems.
Activation of national guard
Under current law, in response to a war, insurrection, rebellion, riot or invasion,
in the event of a public disaster resulting from a flood, conflagration or tornado, or
upon application of certain public officials, the governor may order into active service
all or any portion of the national guard. Current law also includes a procedure for
activating the national guard if the governor is not able to do so.
This bill allows for activation of the national guard for a public disaster
resulting from a computer device's failure to recognize and respond correctly to the
year 2000 date data and in anticipation of such a public disaster.
State and local governmental liability
Currently, under the common law doctrine of sovereign immunity, the state is
immune from lawsuits, except in certain instances in which laws permit the state to
be sued or the enforcement of a federal or constitutional right is involved. State
authorities and local governmental units do not enjoy such broad immunity,
although narrower grants of immunity are provided to such authorities and units
under various specific laws. Also, in certain limited circumstances, a state
governmental officer, employe or agent may be sued for certain acts or omissions
even though a lawsuit arising from the same acts or omissions may not be brought
against the governmental unit that the officer, employe or agent serves. A state or
local governmental officer, employe or agent who is sued for a negligent action or
omission may be protected from liability currently if the officer, employe or agent
makes a good faith attempt to resolve the problem that results in the act or omission.
No punitive damages (damages not resulting from direct or indirect loss but
awarded, instead, as punishment for wrongful conduct) may be awarded in any
lawsuit against a state or local governmental officer, employe or agent based upon
tort (a noncontractual claim based upon alleged wrongful conduct). Damages in tort
lawsuits are generally limited to $250,000 in the case of a state officer, employe or
agent, or $50,000 in the case of a local governmental unit or officer, employe or agent
thereof. Currently, with certain exceptions, the state and local governments must
pay interest on late payments to vendors.
This bill provides that no person may recover any damages against any state
or local governmental unit, including a state authority, or any officer, employe or
agent thereof, for any act or omission caused by the failure of an electronic computing
device that is under the control of such a unit, officer, employe or agent to process,
transmit or receive date data from, into and between the 20th and 21st centuries and
during the years 1999 and 2000 and from leap year calculations if the unit had a
remediation plan in effect at the time of the act or omission that was designed to
prevent the failure and the unit or the officer, employe or agent made a reasonable
effort to find, identify and replace or correct any electronic computing device that
may have contributed to the failure. The bill also voids any contrary provision of a
contract entered into on or after the day on which the bill becomes law. In addition,
the bill provides that the state and local governments are not required to pay interest
to vendors on late payments arising from a "year 2000" failure described above.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB67, s. 1
1Section
1. 13.0992 of the statutes is created to read:
AB67,6,3
213.0992 Review of bills impacting on year 2000 problem. (1) 3Definitions. In this section:
AB67,6,44
(a) "Department" means the department of administration.
AB67,6,95
(b) "Electronic computing device" means any computer hardware or software,
6computer chip, embedded chip, process control equipment or other information
7system used to capture, store, manipulate or process information, or that controls,
8monitors or assists in the operation of physical apparatus that relies on automation
9or digital technology to function.
AB67,6,1310
(c) "Local governmental unit" means a political subdivision of this state, a
11special purpose district in this state, an instrumentality or corporation of such a
12political subdivision or special purpose district or a combination or subunit of any of
13the foregoing or an instrumentality of the state and any of the foregoing.
AB67,6,1514
(d) "Processing" includes calculating, comparing, sequencing, displaying or
15storing.
AB67,6,1816
(e) "State governmental unit" means this state, and every subunit or
17instrumentality of this state, including any institution or authority, regardless of
18whether moneys are appropriated to the unit.
AB67,6,2019
(f) "Year 2000 problem" means a failure in year 2000 processing of an electronic
20computing device.
AB67,6,2321
(g) "Year 2000 processing" means the processing, transmitting or receiving of
22date data from, into, and between the 20th and 21st centuries and during the years
231999 and 2000, and from leap year calculations.
AB67,7,12
24(2) Report on bills impacting on year 2000 problem. (a) Whenever a bill is
25introduced in either house of the legislature that would have an impact on the ability
1of a state governmental unit, a local governmental unit or any other person to avoid
2a year 2000 problem, the department, upon the request of the speaker of the
3assembly, the president of the senate or the chairperson of a standing committee to
4which the bill is referred, shall prepare a report on the bill within 5 working days of
5the request. The department shall request information from any individual,
6organization or state or local governmental unit that the department considers likely
7to be affected by the bill, if enacted. Individuals, organizations and state and local
8governmental units shall comply with requests by the department for information
9that is reasonably necessary for the department to prepare the report. To the
10greatest extent possible, reports under this section shall be based on the information
11obtained by the department from individuals, organizations and state and local
12governmental units under this paragraph.
AB67,7,1413
(b) The report prepared under this section shall be printed as an appendix to
14that applicable bill and shall be distributed in the same manner as amendments.
AB67,7,16
15(3) Findings of the department to be contained in the report. The report of
16the department shall contain the following information:
AB67,7,1817
(a) A statement of the year 2000 problem affected by the bill, including all of
18the following:
AB67,7,1919
1. Whether current law creates a hardship and, if so, the degree of the hardship.
AB67,7,2120
2. The costs associated with complying with current law and any anticipated
21savings likely to result from the bill, if enacted.
AB67,7,2322
3. Whether any other efforts have been made to resolve the year 2000 problem
23affected by the bill.
AB67,7,2524
4. The degree of control by those affected by the bill over the year 2000 problem
25affected by the bill.
AB67,8,2
1(b) A description of the proposed effect of the bill, if enacted, on the year 2000
2problem.
AB67,8,63
(c) Any other special considerations concerning the effect of the bill, such as the
4frequency of use of the proposed change and the support and involvement of
5businesses, industries, state governmental units and local governmental units
6affected by the proposed change.
AB67,8,8
7(4) Rule-making authority. The department may promulgate any rules
8necessary for the administration of this section.
AB67, s. 2
9Section
2. 13.0992 of the statutes, as created by 1999 Wisconsin Act .... (this
10act), is repealed.
AB67, s. 3
11Section
3. 16.528 (3) (f) of the statutes is created to read:
AB67,8,1212
16.528
(3) (f) An order or contract to which s. 893.83 applies.
AB67, s. 4
13Section
4. 19.37 (2) of the statutes is amended to read:
AB67,8,2314
19.37
(2) Costs, fees and damages. (a) Except as provided in this paragraph
15and s. 893.83, the court shall award reasonable attorney fees, damages of not less
16than $100, and other actual costs to the requester if the requester prevails in whole
17or in substantial part in any action filed under sub. (1) relating to access to a record
18or part of a record under s. 19.35 (1) (a). If the requester is a committed or
19incarcerated person, the requester is not entitled to any minimum amount of
20damages, but the court may award damages. Costs and fees shall be paid by the
21authority affected or the unit of government of which it is a part, or by the unit of
22government by which the legal custodian under s. 19.33 is employed and may not
23become a personal liability of any public official.
AB67,9,324
(b)
In Except as provided in s. 893.83, in any action filed under sub. (1) relating
25to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that
1the authority acted in a wilful or intentional manner, the court shall award the
2individual actual damages sustained by the individual as a consequence of the
3failure.
AB67, s. 5
4Section
5. 19.37 (3) of the statutes is amended to read:
AB67,9,85
19.37
(3) Punitive damages. If Except as provided in s. 893.83, if a court finds
6that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously
7denied or delayed response to a request or charged excessive fees, the court may
8award punitive damages to the requester.
AB67, s. 7
1Section
7. 20.115 (1) (d) of the statutes is created to read:
AB67,10,52
20.115
(1) (d)
Year 2000 consumer protection. As a continuing appropriation,
3the amounts in the schedule for the administration and enforcement of s. 100.261
4and other consumer protection activities relating to the year 2000 readiness of
5electronic computing devices.
AB67, s. 8
6Section
8. 20.115 (1) (d) of the statutes, as created by 1999 Wisconsin Act ....
7(this act), is repealed.
AB67, s. 9
8Section
9. 20.465 (3) (b) of the statutes is created to read:
AB67,10,119
20.465
(3) (b)
Year 2000 computer program development. As a continuing
10appropriation, the amounts in the schedule for the development, testing and
11distribution of a computer program under s. 166.03 (2) (a) 6.
AB67, s. 10
12Section
10. 20.465 (3) (b) of the statutes, as created by 1999 Wisconsin Act ....
13(this act), is repealed.
AB67, s. 11
14Section
11. 20.505 (1) (fo) of the statutes is created to read:
AB67,10,1715
20.505
(1) (fo)
Year 2000 educational outreach. As a continuing appropriation,
16the amounts in the schedule to contract for educational outreach services under 1999
17Wisconsin Act .... (this act), section 9101 (2
).
AB67, s. 12
18Section
12. 20.505 (1) (fo) of the statutes, as created by 1999 Wisconsin Act
19.... (this act), is repealed.
AB67, s. 13
20Section
13. 21.11 (1) of the statutes is renumbered 21.11 (1) (a).