Amendment ASA1-SB55

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).

SB55-ASA1,443,15 (2) Subject to s. 22.05 (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.

SB55-ASA1,444,2 (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 chief information officer may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the officer. The chief information officer 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.

SB55-ASA1,444,7 (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.

SB55-ASA1, s. 654 Section 654. 22.13 of the statutes is created to read:

SB55-ASA1,444,18 22.13 Strategic plans for executive branch agencies. (1) As a part of each proposed strategic plan submitted under s. 22.03 (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).

SB55-ASA1,444,22 (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.

SB55-ASA1,445,6 (3) Following receipt of a proposed strategic plan from an executive branch agency, the chief information officer shall, before June 1, notify the agency of any concerns that the officer may have regarding the plan and provide the agency with his or her recommendations regarding the proposed plan. The chief information officer 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 chief information officer with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.

SB55-ASA1,445,9 (4) Before June 15, the chief information officer 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.

SB55-ASA1,445,14 (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 chief information officer in accordance with procedures prescribed by the officer.

SB55-ASA1,445,17 (6) The department shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.

SB55-ASA1, s. 655 Section 655. 22.15 of the statutes is created to read:

SB55-ASA1,445,22 22.15 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:

SB55-ASA1,445,23 (1) Criteria for selection of information technology assets to be managed.

SB55-ASA1,445,25 (2) Methods for monitoring and controlling information technology development projects and assets.

SB55-ASA1,446,3 (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.

SB55-ASA1, s. 656 Section 656. 22.17 of the statutes is created to read:

SB55-ASA1,446,8 22.17 Information technology management board. (1) The board shall provide the chief information officer with its recommendations concerning any elements of the strategic plan of an executive branch agency that are referred to the board under s. 22.13 (3).

SB55-ASA1,446,11 (2) The board may advise the chief information officer with respect to management of the information technology portfolio of state government under s. 22.15.

SB55-ASA1,446,17 (3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer under this chapter 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 chief information officer, the decision of the board stands as the decision of the chief information officer and the decision is not subject to further review or appeal.

SB55-ASA1,446,22 (4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the chief information officer or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer or agencies concerning appropriate means of attaining those goals.

SB55-ASA1, s. 1034h Section 1034h. 23.0917 (3) (a) of the statutes is amended to read:

SB55-ASA1,447,3 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (3m) (b), (7), (7m), and (8) and 23.198 (1) (a).

SB55-ASA1, s. 1034k Section 1034k. 23.0917 (3) (bm) of the statutes is created to read:

SB55-ASA1,447,9 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $12,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.

SB55-ASA1, s. 1034p Section 1034p. 23.0917 (4) (a) of the statutes is amended to read:

SB55-ASA1,447,14 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

SB55-ASA1, s. 1034pm Section 1034pm. 23.0917 (4) (cm) of the statutes is created to read:

SB55-ASA1,447,18 23.0917 (4) (cm) Notwithstanding pars. (b) and (c), moneys may be obligated under the subprogram for property development and local assistance for any of the following purposes:

SB55-ASA1,447,20 1. Construction of the Wisconsin agricultural stewardship initiative facility under s. 23.197 (7m).

SB55-ASA1,447,21 2. Projects approved by the state fair park board under s. 23.197 (8).

SB55-ASA1,447,23 3. Reconstruction of the chalet at Rib Mountain State Park under s. 23.197 (3m) (b).

SB55-ASA1,447,25 4. Renovation of the facility known as the Atlas Mill located in the city of Appleton under s. 23.197 (5m).

SB55-ASA1,448,2 5. Development of a conservation law enforcement museum under s. 23.197 (8m).

SB55-ASA1, s. 1035g Section 1035g. 23.0917 (7) (e) of the statutes is amended to read:

SB55-ASA1,448,11 23.0917 (7) (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, and if the department estimates that the fair market value of the land exceeds $200,000, the governmental unit or nonprofit conservation organization shall submit to the department two appraisals at least one appraisal if the department estimates that the fair market value of the land exceeds $200,000, and the department shall obtain its own independent appraisal.

SB55-ASA1, s. 1035m Section 1035m. 23.0917 (7) (f) of the statutes is created to read:

SB55-ASA1,448,14 23.0917 (7) (f) 1. In this paragraph, "taxation district" has the meaning given in s. 70.114 (1) (e).

SB55-ASA1,448,21 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

SB55-ASA1, s. 657 Section 657. 23.0917 (8) (b) of the statutes is created to read: