2003 Wisconsin Act 33

33,735 Section 735. 20.923 (7) (intro.) of the statutes is amended to read:

20.923 (7) Wisconsin Technical College System senior executive positions. (intro.) The salary range for the director and the executive assistant of the Wisconsin Technical College System shall be contained in the recommendations of the secretary of employment relations director of the office of state human resources management under s. 230.12 (3) (e). The board of the Wisconsin Technical College System shall set the salaries for these positions within the range to which the positions are assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (a) and (b) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

33,735e Section 735e. 20.923 (8) of the statutes is amended to read:

20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), and 551.51 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection.

33,735m Section 735m. 20.923 (9) of the statutes is amended to read:

20.923 (9) Executive assistants. Salaries for executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system, may not exceed the maximum of the salary range 2 ranges below the salary range of for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection. The salary for the executive assistant appointed under s. 230.04 (16) shall be set by the appointing authority. The salary for that position may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the appointing authority is assigned.

33,736 Section 736. 20.9275 (1) (c) of the statutes is amended to read:

20.9275 (1) (c) "Organization" means a nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), or a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b).

33,737 Section 737. 20.9275 (2) (intro.) of the statutes is amended to read:

20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 46.93, 46.99, 46.995, 253.05, 253.07, 253.08 or 253.085 or 42 USC 701 to 710, if any of the following applies:

33,738 Section 738. 20.929 of the statutes is amended to read:

20.929 Agency drafts or warrants. The secretary of administration may authorize any state agency to issue drafts or warrants drawn on the state treasury. Such drafts or warrants may be issued only in connection with purchase orders authorized under subch. IV of ch. 16 and may not exceed $300 per draft or warrant. The state treasurer secretary shall pay such drafts or warrants as presented. The secretary of administration and shall audit the purchase orders issued. Any purchase order that is disapproved by the secretary as unlawful or unauthorized shall be returned by the secretary to the state agency for reimbursement to the state treasurer treasury. The secretary shall make written regulations for the implementation of this section. The secretary may require any state agency to utilize one or more separate depository accounts to implement this section. The illegal or unauthorized use of purchase orders and drafts or warrants under this section is subject to the remedies specified in s. 16.77.

33,739 Section 739. 21.19 (13) of the statutes is created to read:

21.19 (13) The adjutant general shall cooperate with the federal government in the operation and maintenance of distance learning centers for the use of current and former members of the national guard and the U.S. armed forces. The adjutant general may charge rent for the use of a center by a nonmilitary or nonfederal person. All moneys received under this subsection shall be credited to the appropriation account under s. 20.465 (1) (i).

33,740 Section 740. 21.33 of the statutes is amended to read:

21.33 Pay department. The quartermaster general acting as paymaster under orders from the governor may draw from the state treasury the money necessary for paying troops in camp or on active service, and shall furnish such security for the same as the state treasurer secretary of administration may direct. The amount due on account of the field, staff, or other officers, noncommissioned staff and band, company, or enlistees, not herein enumerated, if any, shall be paid to the person to whom the same shall be due, on the properly signed and certified payrolls.

33,741 Section 741. 21.49 (1) (b) 1g. of the statutes is created to read:

21.49 (1) (b) 1g. A public institution of higher education under the Minnesota-Wisconsin student reciprocity agreement under s. 39.47.

33,742 Section 742. 21.49 (1) (b) 1m. of the statutes is created to read:

21.49 (1) (b) 1m. A public institution of higher education under an interstate agreement under s. 39.42.

33,743 Section 743. 21.49 (1) (b) 2. of the statutes is amended to read:

21.49 (1) (b) 2. Any Except as provided in subds. 1g. and 1m., an accredited institution of higher education located in this state, as defined in 20 USC 1002.

33,744 Section 744. 21.49 (3) (a) of the statutes is amended to read:

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 arithmetic average of resident undergraduate tuition tuitions charged by the university of Wisconsin-Madison 4-year institutions in the University of Wisconsin System for a comparable number of credits, whichever amount is less.

33,745 Section 745. 21.80 (7) (b) 1. of the statutes is amended to read:

21.80 (7) (b) 1. A person who receives notification under par. (a) that the adjutant general was unable to resolve the person's complaint may request the adjutant general to refer the complaint to counsel, which may include the attorney general, appointed by the governor on the recommendation of the adjutant general for the purpose of prosecuting complaints under this subdivision who shall file a complaint for appropriate relief with the department of workforce development or, if the person is an employee of a state agency, as defined in s. 111.32 (6) (a), the personnel commission.

33,746 Section 746. 21.80 (7) (b) 2. of the statutes is amended to read:

21.80 (7) (b) 2. Subdivision 1. does not preclude a person who has chosen not to file a complaint with the adjutant general under par. (a), whose complaint the adjutant general has refused to endeavor to resolve under par. (a), or who has chosen not to request the adjutant general to refer his or her complaint to counsel under subd. 1. from filing a complaint for appropriate relief with the department of workforce development or, if the person is an employee of a state agency, with the personnel commission.

33,747 Section 747. 21.80 (7) (b) 3. of the statutes is amended to read:

21.80 (7) (b) 3. The department of workforce development or the personnel commission shall process a complaint filed under subd. 1. or 2. in the same manner that employment discrimination complaints are processed under s. 111.39.

33,748 Section 748. 21.80 (7) (d) (intro.) of the statutes is amended to read:

21.80 (7) (d) Remedies. (intro.) If the department of workforce development or the personnel commission finds that an employer has failed or refused, or is about to fail or refuse, to provide any reemployment right or benefit to which a person is entitled under this section or has discharged or otherwise discriminated against any person in violation of par. (c), the department of workforce development or the personnel commission may order the employer to do any one or more of the following:

33,749 Section 749. 21.80 (7) (d) 3. of the statutes is amended to read:

21.80 (7) (d) 3. Pay the person, as liquidated damages, an amount that is equal to the amount ordered under subd. 2. if the department of workforce development or the personnel commission finds that the failure or refusal to provide reemployment rights or benefits under this section or the discharge or other discrimination was willful.

33,750 Section 750. Chapter 22 (title) of the statutes is repealed.

33,751 Section 751. 22.01 (intro.) of the statutes is repealed.

33,752 Section 752. 22.01 (1) of the statutes is amended to read:

22.01 (1) "Agency" has the meaning given in s. 16.70 (1) (1e).

33,753 Section 753. 22.01 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is renumbered 16.97 (1m).

33,754 Section 754. 22.01 (2), (2m), (3) and (4) of the statutes are renumbered 16.97 (2), (2m), (3) and (4).

33,755 Section 755. 22.01 (5) of the statutes is repealed.

33,756 Section 756. 22.01 (5m) to (10) of the statutes are renumbered 16.97 (5m) to (10).

33,757 Section 757. 22.03 (title) of the statutes is renumbered 16.971 (title).

33,758 Section 758. 22.03 (2) (intro.), (a) and (ae) of the statutes are renumbered 16.971 (2) (intro.), (a) and (ae).

33,759 Section 759. 22.03 (2) (am) to (k) of the statutes are renumbered 16.971 (2) (am) to (k).

33,760 Section 760. 22.03 (2) (L) to (m) of the statutes are renumbered 16.971 (2) (L) to (m) and amended to read:

16.971 (2) (L) Require each executive branch agency, other than the board of regents of the University of Wisconsin System, to adopt and submit to the department, in a form specified by the department, no later than March 1 of each year, a strategic plan for the utilization of information technology to carry out the functions of the agency in the succeeding fiscal year for review and approval under s. 22.13 16.976.

(Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency, other than the board of regents of the University of Wisconsin System, that receives funding under that act for an information technology development project to file with the department an amendment to its strategic plan for the utilization of information technology under par. (L). The amendment shall identify each information technology development project for which funding is provided under that act and shall specify, in a form prescribed by the chief information officer department, the benefits that the agency expects to realize from undertaking the project.

(m) Assist in coordination and integration of the plans of executive branch agencies relating to information technology approved under par. (L) and, using these plans and the statewide long-range telecommunications plan under s. 22.41 16.979 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The department shall, no later than September 15 of each even-numbered year, submit the statewide strategic plan to the cochairpersons of the joint committee on information policy and technology and the governor.

33,761 Section 761. 22.03 (2) (n) of the statutes is renumbered 16.971 (2) (n).

33,762 Section 762. 22.03 (2m) (intro.) of the statutes is renumbered 16.971 (2m) (intro.).

33,763 Section 763. 22.03 (2m) (a) to (h) of the statutes are renumbered 16.971 (2m) (a) to (h).

33,764 Section 764. 22.03 (3) of the statutes is renumbered 16.971 (3) and amended to read:

16.971 (3) (a) The chief information officer department shall notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department considers major or that is likely to result in a substantive change of service, and that was not considered in the regular budgeting process and is to be financed from general purpose revenues or corresponding revenues in a segregated fund. If the cochairpersons of the committee do not notify the chief information officer department that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the officer's department's notification, the department may approve acquisition of the resource. If, within 14 working days after the date of the officer's department's notification, the cochairpersons of the committee notify the officer department that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition, the department shall not approve acquisition of the resource unless the acquisition is approved by the committee.

(b) The chief information officer department shall promptly notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department considers major or that is likely to result in a substantive change in service, and that was not considered in the regular budgeting process and is to be financed from program revenues or corresponding revenues from program receipts in a segregated fund.

33,765 Section 765. 22.03 (4) and (6) of the statutes are renumbered 16.971 (4) and (6).

33,766 Section 766. 22.03 (9) of the statutes is renumbered 16.971 (9) and amended to read:

16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the department of electronic government may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.530 20.505 (1) (ja), (kp) and (kq). The department of electronic government shall annually report to the legislature under s. 13.172 (2) concerning the department's efforts to improve and increase the efficiency of integration of justice information systems.

33,767 Section 767. 22.03 (11) of the statutes is renumbered 16.971 (11).

33,768 Section 768. 22.05 (title) of the statutes is renumbered 16.972 (title).

33,769 Section 769. 22.05 (1) of the statutes is renumbered 16.972 (1).

33,770 Section 770. 22.05 (2) (intro.) and (a) of the statutes are renumbered 16.972 (2) (intro.) and (a).

33,771 Section 771. 22.05 (2) (b) and (c) of the statutes are renumbered 16.972 (2) (b) and (c) and amended to read:

16.972 (2) (b) Provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos, as the department considers to be appropriate and as the department can efficiently and economically provide. The department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department may charge local governmental units, the broadcasting corporation, and qualified private schools, postsecondary institutions, museums and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the chief information officer department. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

(c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the department considers to be appropriate and as the department can efficiently and economically provide. The department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The department may charge agencies, local governmental units and entities in the private sector for services provided to them under this paragraph in accordance with a methodology determined by the chief information officer department.

33,772 Section 772. 22.05 (2) (d) of the statutes is renumbered 16.972 (2) (d).

33,773 Section 773. 22.05 (2) (e) of the statutes is renumbered 16.972 (2) (e).

33,774 Section 774. 22.05 (2) (f) and (g) of the statutes are renumbered 16.972 (2) (f) and (g) and amended to read:

16.972 (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 department. The department may also charge any agency for such costs as a component of any services provided by the department to the agency.

(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 department 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.

33,775 Section 775. 22.05 (2) (h) of the statutes is renumbered 16.972 (2) (h) and amended to read:

16.972 (2) (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 . The department may 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 relating to information technology or telecommunications that are included under the contract pursuant to the terms of the contract.

33,776 Section 776. 22.05 (2) (i) of the statutes is renumbered 16.972 (2) (i).

33,777 Section 777. 22.07 (intro.) of the statutes is renumbered 16.973 (intro.).

33,778 Section 778. 22.07 (1) and (2) of the statutes are renumbered 16.973 (1) and (2) and amended to read:

16.973 (1) Provide or contract with a public or private entity to provide computer services to agencies. The department may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the chief information officer department.

(2) Promulgate , by rule, methodologies for establishing all fees and charges established or assessed by the department or the chief information officer under this chapter subchapter.

33,779 Section 779. 22.07 (3) to (7) of the statutes are renumbered 16.973 (3) to (7).

33,780 Section 780. 22.07 (8) of the statutes is renumbered 16.973 (8) and amended to read:

16.973 (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 16.972 (2) (b) or (c), and to voluntarily participate in any master contract established by the department under s. 22.05 16.972 (2) (h) or in the use of any informational system or device provided by the department under 22.09 16.974 (3).

33,781 Section 781. 22.07 (9) of the statutes is renumbered 16.973 (9).

33,782 Section 782. 22.09 (intro.) of the statutes is renumbered 16.974 (intro.) and amended to read:

16.974 Powers of the chief information officer department. (intro.) The chief information officer department may:

33,783 Section 783. 22.09 (1) of the statutes is renumbered 16.974 (1).

33,784 Section 784. 22.09 (2) and (3) of the statutes are renumbered 16.974 (2) and (3) and amended to read:

16.974 (2) Subject to s. 22.05 16.972 (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.

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

33,785c Section 785c. 22.09 (5) of the statutes is renumbered 16.974 (5).

33,786 Section 786. 22.11 of the statutes is renumbered 16.975.