AB144: Bill Text

AB144, s. 1005 Section 1005. 21.11 (1) of the statutes is amended to read:

AB144,601,21 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.

AB144, s. 1006 Section 1006. 21.11 (2) of the statutes is amended to read:

AB144,602,3 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.

AB144, s. 1007 Section 1007. 21.13 (1) of the statutes is amended to read:

AB144,602,17 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.

AB144, s. 1008 Section 1008. 21.13 (2) of the statutes is amended to read:

AB144,602,21 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.

AB144, s. 1009 Section 1009. 21.18 (1) of the statutes is amended to read:

AB144,603,9 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.

AB144, s. 1010 Section 1010. 21.18 (4) of the statutes is created to read:

AB144,603,22 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.

AB144, s. 1011 Section 1011. 21.19 (2) of the statutes is amended to read:

AB144,604,5 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.

AB144, s. 1012 Section 1012. 21.19 (8) of the statutes is amended to read:

AB144,604,10 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).

AB144, s. 1013 Section 1013. 21.20 of the statutes is amended to read:

AB144,604,17 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.

AB144, s. 1014 Section 1014. 21.30 of the statutes is amended to read:

AB144,605,2 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.

AB144, s. 1015 Section 1015. 21.32 of the statutes is amended to read:

AB144,605,8 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.

AB144, s. 1016 Section 1016. 21.35 of the statutes is amended to read:

AB144,605,24 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.

AB144, s. 1017 Section 1017. 21.36 (1) of the statutes is amended to read:

AB144,606,10 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.

AB144, s. 1018 Section 1018. 21.36 (2) of the statutes is amended to read:

AB144,606,19 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.

AB144, s. 1019 Section 1019. 21.38 of the statutes is amended to read:

AB144,606,25 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.

AB144, s. 1020 Section 1020. 21.43 of the statutes is amended to read:

AB144,607,10 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.

AB144, s. 1021 Section 1021. 21.47 of the statutes is amended to read:

AB144,607,20 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.

AB144, s. 1022 Section 1022. 21.48 (1) of the statutes is amended to read:

AB144,608,2 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.

AB144, s. 1023 Section 1023. 21.48 (3) of the statutes is amended to read:

AB144,608,9 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.

AB144, s. 1024 Section 1024. 21.49 (1) (b) 2. of the statutes is amended to read:

AB144,608,12 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.

AB144, s. 1025 Section 1025. 21.59 of the statutes is amended to read:

AB144,608,16 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.

AB144, s. 1026 Section 1026. Chapter 22 (title) of the statutes is created to read:

AB144,608,20 CHAPTER 22 DEPARTMENT OF electronic government

AB144, s. 1027 Section 1027. 22.01 (2m), (5), (6m) and (10) of the statutes are created to read:

AB144,608,22 22.01 (2m) "Board" means the information technology management board.

AB144,608,23 (5) "Department" means the department of electronic government.

AB144,609,3 (6m) "Information technology portfolio" means information technology systems, applications, infrastructure, and information resources and human resources devoted to developing and maintaining information technology systems.

AB144,609,6 (10) "Telecommunications" means all services and facilities capable of transmitting, switching, or receiving information in any form by wire, radio, or other electronic means.

AB144, s. 1028 Section 1028. 22.05 (1) (ac) of the statutes is created to read:

AB144,609,9 22.05 (1) (ac) "Broadcasting corporation" has the meaning given under s. 39.81 (2).

AB144, s. 1029 Section 1029. 22.05 (2) (f) to (i) of the statutes are created to read:

AB144,609,19 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 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.

AB144,610,2 (g) Assume direct responsibility for the planning and development of any information technology system in the executive branch of state government 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.

AB144,610,8 (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 to make any purchases of materials, supplies, equipment, or contractual services included under the contract pursuant to the terms of the contract.

AB144,610,10 (i) Accept gifts, grants, and bequests, to be used for the purposes for which made, consistently with applicable laws.

AB144, s. 1030 Section 1030. 22.07 (intro.) of the statutes is created to read:

AB144,610,12 22.07 Duties of the department. (intro.) The department shall:

AB144, s. 1031 Section 1031. 22.09 of the statutes is created to read:

AB144,610,15 22.09 Powers of the chief information officer. The chief information officer may:

AB144,610,17 (1) Establish and collect assessments and charges for all authorized services provided by the department, subject to applicable agreements under sub. (2).

AB144,610,22 (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.

AB144,611,8 (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 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.

AB144,611,23 (4) Notwithstanding ss. 20.115 to 20.585, transfer moneys from the unencumbered balance in the account for any appropriation made to any executive branch agency, other than a sum sufficient appropriation, to the appropriation account under s. 20.530 (1) (ke) or (kf) or any other account for an appropriation made to an executive branch agency, without the consent of any affected executive branch agency, for the purpose of facilitating more efficient or effective funding of information technology or electronic communications services within the executive branch of state government, if the transfer is consistent with state and federal law and with any requirement imposed by the federal government as a condition to receipt of aids by this state. If any transfer under this subsection is made to or from a sum certain appropriation, the amount in the schedule for the account from which the transfer is made for the period during which the transfer is made is decreased by the amount transferred and the amount in the schedule for the account to which the transfer is made for the period during which the transfer is made is increased by the amount transferred.

AB144,612,2 (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.

AB144, s. 1032 Section 1032. 22.13 of the statutes is created to read:

AB144,612,13 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).

AB144,612,17 (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.

AB144,613,2 (3) Following receipt of a proposed strategic plan from an executive branch agency under this section, 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.

AB144,613,5 (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.

AB144,613,9 (5) No executive branch agency 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.

AB144,613,12 (6) The department shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.

AB144, s. 1033 Section 1033. 22.15 of the statutes is created to read:

AB144,613,17 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:

AB144,613,18 (1) Criteria for selection of information technology assets to be managed.

AB144,613,20 (2) Methods for monitoring and controlling information technology development projects and assets.

AB144,613,23 (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.

AB144, s. 1034 Section 1034. 22.17 of the statutes is created to read:

AB144,614,4 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).

AB144,614,7 (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.

AB144,614,13 (3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer under s. 16.505 (2e) or 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.

AB144,614,17 (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, and may make recommendations to the officer or agencies concerning appropriate means of attaining those goals.

AB144, s. 1035 Section 1035. 23.0917 (6) (b) of the statutes is amended to read:

AB144,614,20 23.0917 (6) (b) Paragraph (a) applies only to an amount for a project or activity that exceeds $250,000 $500,000, except as provided in par. (c).

AB144, s. 1036 Section 1036. 23.0917 (8) (b) of the statutes is created to read:

AB144,615,2 23.0917 (8) (b) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit, or political subdivision acquires the land involved by condemnation.

AB144, s. 1037 Section 1037. 23.097 (1) of the statutes is renumbered 23.097 (1) (b) and amended to read:

AB144,615,9 23.097 (1) (b) The department shall award grants to counties, cities and, villages, towns, and nonprofit organizations for up to 50% of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects.

AB144, s. 1038 Section 1038. 23.097 (1) (a) of the statutes is created to read: