AB144: Bill Text

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:

AB144,615,14 23.097 (1) (a) In this subsection, a "nonprofit organization" means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB144, s. 1039 Section 1039. 23.175 (1) (b) of the statutes is amended to read:

AB144,615,20 23.175 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under ch. 231, 233 or, 234, or 237 but not including the legislature or the courts.

AB144, s. 1040 Section 1040. 23.235 (2) of the statutes is amended to read:

AB144,615,23 23.235 (2) Except as provided in sub. (3), no person may sell, offer for sale, distribute, plant, or cultivate any nuisance weed multiflora rose or seeds thereof.

AB144, s. 1041 Section 1041. 23.235 (4) of the statutes is repealed.

AB144, s. 1042 Section 1042. 23.24 of the statutes is created to read:

AB144,616,1 23.24 Aquatic plants. (1) Definitions. In this section:

AB144,616,2 (a) "Aquaculture" has the meaning given in s. 93.01 (1d).

AB144,616,4 (b) "Aquatic plant" means a planktonic, submergent, emergent, or floating-leaf plant or any part thereof.

AB144,616,5 (c) "Control" means to cut, remove, destroy, or suppress.

AB144,616,6 (d) "Cultivate" means to intentionally maintain the growth or existence of.

AB144,616,8 (e) "Distribute" means to sell, offer to sell, distribute for no consideration, or offer to distribute for no consideration.

AB144,616,9 (f) "Introduce" means to plant, cultivate, stock, or release.

AB144,616,11 (g) "Invasive aquatic plant" means an aquatic plant that is designated under sub. (2) (b) 1.

AB144,616,12 (h) "Manage" means to introduce or control.

AB144,616,13 (i) "Native" means indigenous to the waters of this state.

AB144,616,14 (j) "Nonnative" means not indigenous to the waters of this state.

AB144,616,16 (k) "Waters of this state" means any surface waters within the territorial limits of this state.

AB144,616,18 (2) Program established. (a) The department shall establish a program for the waters of this state to do all of the following:

AB144,616,19 1. Protect and develop diverse and stable communities of native aquatic plants.

AB144,616,20 2. Regulate how aquatic plants are managed.

AB144,616,21 3. Provide education and conduct research concerning invasive aquatic plants.

AB144,616,23 (b) Under the program implemented under par. (a), the department shall do all of the following:

AB144,617,5 1. Designate by rule which aquatic plants are invasive aquatic plants for purposes of this section. The department shall designate Eurasian water milfoil, curly leaf pondweed, and purple loosestrife as invasive aquatic plants and may designate any other aquatic plant as an invasive aquatic plant if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

AB144,617,7 2. Administer and establish by rule procedures and requirements for the issuing of aquatic plants management permits required under sub. (3).

AB144,617,9 (c) The requirements promulgated under par. (b) 2. may specify any of the following:

AB144,617,11 1. The quantity of aquatic plants that may be managed under an aquatic plant management permit.

AB144,617,13 2. The species of aquatic plants that may be managed under an aquatic plant management permit.

AB144,617,15 3. The areas in which aquatic plants may be managed under an aquatic plant management permit.

AB144,617,17 4. The methods that may be used to manage aquatic plants under an aquatic plant management permit.

AB144,617,19 5. The times during which aquatic plants may be managed under an aquatic plant management permit.

AB144,617,21 6. The allowable methods for disposing or using aquatic plants that are removed or controlled under an aquatic plant management permit.

AB144,617,23 7. The requirements for plans that the department may require under sub. (3) (b).

AB144,618,3 (3) Permits. (a) Unless a person has a valid aquatic plant management permit issued under the program established under sub. (2), no person may do any of the following:

AB144,618,4 1. Introduce nonnative aquatic plants into waters of this state.

AB144,618,5 2. Manually remove aquatic plants from navigable waters.

AB144,618,6 3. Control aquatic plants in waters of this state by the use of chemicals.

AB144,618,9 4. Control aquatic plants in navigable waters by introducing biological agents, by using a process that involves dewatering, desiccation, burning, or freezing, or by using mechanical means.

AB144,618,12 (b) The department may require that an application for an aquatic plant management permit contain a plan for the department's approval as to how the aquatic plants will be introduced, removed, or controlled.

AB144,618,16 (c) The department may establish fees for aquatic plant management permits. The department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are located in a body of water that is entirely confined on the property of one property owner.

AB144,618,17 (4) Exemptions from permits. (a) In this subsection:

AB144,618,21 1. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB144,618,24 2. "State agency" means any office, department, independent agency, or attached board or commission within the executive branch of state government, or any special purpose authority created by statute.

AB144,618,25 (b) The permit requirement under sub. (3) does not apply to any of the following:

AB144,619,2 1. A person who manually removes aquatic plants from privately owned stream beds with the permission of the landowner.

AB144,619,4 2. A person who engages in an activity listed under sub. (3) (a) in the course of harvesting wild rice as authorized under s. 29.607.

AB144,619,6 3. A person who engages in an activity listed under sub. (3) (a) in the course of operating a fish farm as authorized under s. 95.60.

AB144,619,8 (c) The department may promulgate a rule to waive the permit requirement under sub. (3) (a) 2. for any of the following:

AB144,619,10 1. A person who owns property on which there is a body of water that is entirely confined on the property of that person.

AB144,619,13 2. A riparian owner who manually removes aquatic plants from a body of water that abuts the owner's property provided that the removal does not interfere with the rights of other riparian owners.

AB144,619,14 3. A person who is controlling purple loosestrife.

AB144,619,16 4. A person who uses chemicals in a body of water for the purpose of controlling bacteria on bathing beaches.

AB144,619,18 5. A person who uses chemicals on plants to prevent the plants from interfering with the use of water for drinking purposes.

AB144,619,20 6. A state agency or a local governmental unit that uses a chemical treatment in a body of water for the purpose of protecting the public health.

AB144,619,22 (5) Distribution prohibited. No person may distribute an invasive aquatic plant.

AB144,619,24 (6) Penalties. (a) Except as provided in par. (b), any person who violates sub. (3) shall forfeit not more than $200.

AB144,620,4 (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

AB144,620,8 (c) The court may order a person who is convicted under par. (b) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

AB144,620,9 (d) A person who violates sub. (5) shall forfeit not more than $100.

AB144, s. 1043 Section 1043. 23.27 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, section 769ad, is repealed and recreated to read:

AB144,621,2 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the department of administration under s. 16.967 and consider any recommendations of the Wisconsin land council in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas, and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened, and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species, and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, and management of information and data related to the natural heritage inventory.