Amendment ASA1-AB51

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 51

January 21, 1999 - Offered by Committee on Information Policy.

AB51-ASA1,1,13 An Act to repeal 13.0992; to amend 19.37 (2), 19.37 (3), 218.015 (7), 560.05 (3) and 775.01; and to create 13.0992, 16.528 (3) (f), 66.285 (4) (f), 134.92, 893.83 and 904.17 of the statutes; relating to: gathering of information by state and local governmental officers and agencies concerning year 2000 and leap year-related processing and public access to such information; recovery of damages in certain actions against state and local governmental units and officers, employes and agents thereof caused by the incorrect processing; transmittal or receipt of certain date data; admissibility of statements regarding the year 2000 processing capabilities of a product or service; preparation of year 2000 impact statements; educational outreach concerning year 2000 and leap year-related computer failures; testing of local emergency contingency plans for responding to year 2000 computer problems; granting rule-making authority; and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB51-ASA1, s. 1 Section 1. 13.0992 of the statutes is created to read:

AB51-ASA1,2,3 13.0992 Review of bills impacting on year 2000 problem. (1) Definitions. In this section:

AB51-ASA1,2,4 (a) "Department" means the department of administration.

AB51-ASA1,2,9 (b) "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment or other information system used to capture, store, manipulate or process information, or that controls, monitors or assists in the operation of physical apparatus that relies on automation or digital technology to function.

AB51-ASA1,2,13 (c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, combination or subunit of any of the foregoing or a combination of an instrumentality of the state and any of the foregoing.

AB51-ASA1,2,15 (d) "Processing" includes calculating, comparing, sequencing, displaying or storing.

AB51-ASA1,2,18 (e) "State governmental unit" means this state, and every subunit or instrumentality of this state, including any institution or authority, regardless of whether moneys are appropriated to the unit.

AB51-ASA1,2,20 (f) "Year 2000 problem" means a failure in year 2000 processing of an electronic computing device.

AB51-ASA1,2,23 (g) "Year 2000 processing" means the processing, transmitting or receiving of date data from, into, and between the 20th and 21st centuries and during the years 1999 and 2000, and from leap year calculations.

AB51-ASA1,3,13 (2) Report on bills impacting on year 2000 problem. (a) 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, the department, upon the request of the speaker of the assembly or the president of the senate, shall prepare a report on the bill within 5 working days of the request. The department shall request information from any individual, organization or state or local governmental unit that the department considers likely to be affected by the bill, if enacted. Individuals, organizations and state and local governmental units shall comply with requests by the department for information that is reasonably necessary for the department to prepare the report. To the greatest extent possible, reports under this section shall be based on the information obtained by the department from individuals, organizations and state and local governmental units under this paragraph.

AB51-ASA1,3,15 (b) The report prepared under this section shall be printed as an appendix to that applicable bill and shall be distributed in the same manner as amendments.

AB51-ASA1,3,17 (3) Findings of the department to be contained in the report. The report of the department shall contain the following information:

AB51-ASA1,3,19 (a) A statement of the year 2000 problem affected by the bill, including all of the following:

AB51-ASA1,3,20 1. Whether current law creates a hardship and, if so, the degree of the hardship.

AB51-ASA1,3,22 2. The costs associated with complying with current law and any anticipated savings likely to result from the bill, if enacted.

AB51-ASA1,3,24 3. Whether any other efforts have been made to resolve the year 2000 problem affected by the bill.

AB51-ASA1,4,2 4. The degree of control by those affected by the bill over the year 2000 problem affected by the bill.

AB51-ASA1,4,4 (b) A description of the proposed effect of the bill, if enacted, on the year 2000 problem.

AB51-ASA1,4,8 (c) Any other special considerations concerning the effect of the bill, such as the frequency of use of the proposed change and the support and involvement of businesses, industries, state governmental units and local governmental units affected by the proposed change.

AB51-ASA1,4,10 (4) Rule-making authority. The department may promulgate any rules necessary for the administration of this section.

AB51-ASA1, s. 2 Section 2. 13.0992 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB51-ASA1, s. 3 Section 3. 16.528 (3) (f) of the statutes is created to read:

AB51-ASA1,4,14 16.528 (3) (f) An order or contract to which s. 893.83 applies.

AB51-ASA1, s. 4 Section 4. 19.37 (2) of the statutes is amended to read:

AB51-ASA1,4,25 19.37 (2) Costs, fees and damages. (a) Except as provided in this paragraph and s. 893.83, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a). If the requester is a committed or incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages. Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under s. 19.33 is employed and may not become a personal liability of any public official.

AB51-ASA1,5,5 (b) In Except as provided in s. 893.83, in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that the authority acted in a wilful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.

AB51-ASA1, s. 5 Section 5. 19.37 (3) of the statutes is amended to read:

AB51-ASA1,5,10 19.37 (3) Punitive damages. If Except as provided in s. 893.83, if a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.

AB51-ASA1, s. 6 Section 6. 66.285 (4) (f) of the statutes is created to read:

AB51-ASA1,5,12 66.285 (4) (f) An order or contract to which s. 893.83 applies.

AB51-ASA1, s. 7 Section 7. 134.92 of the statutes is created to read:

AB51-ASA1,5,14 134.92 Year 2000 processing information. (1) In this section:

AB51-ASA1,5,16 (a) "Agent" means an authorized person, other than a director, officer or employe, who acts on behalf of or at the direction of another person.

AB51-ASA1,5,17 (b) "Authority" has the meaning given in s. 19.32 (1).

AB51-ASA1,5,19 (c) "Processing" includes calculating, comparing, sequencing, displaying or storing.

AB51-ASA1,5,21 (d) "Regulatory power" means the power to authorize or require a specific class of persons to perform certain acts.

AB51-ASA1,5,24 (e) "Year 2000 processing" means the processing, transmitting or receiving of date data from, into, and between the 20th and 21st centuries and during the years 1999 and 2000, and from leap year calculations.

AB51-ASA1,6,3 (f) "Year 2000 statement" means any communication or other conveyance of information by a person to another person or to the public, in any form or medium, including a computer program:

AB51-ASA1,6,5 1. Concerning an assessment, projection or estimate relating to year 2000 processing capabilities of an entity, product, service or set of products and services.

AB51-ASA1,6,8 2. Concerning plans, objectives, or timetables for implementing or verifying the year 2000 processing capabilities of an entity, product, service or set of products and services.

AB51-ASA1,6,11 3. Concerning test plans, test dates, test results or operational problems or solutions related to year 2000 processing by products or services that incorporate or utilize products.

AB51-ASA1,6,15 4. 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.

AB51-ASA1,6,17 5. Reviewing, commenting on, or otherwise directly or indirectly relating to year 2000 processing capabilities.

AB51-ASA1,6,23 (2) Each authority may require any person over whom the authority exercises regulatory power to provide to the authority information relating to year 2000 processing, including a year 2000 statement, with respect to any matter relating to public health or safety that is regulated by that authority or any matter relating to public health or safety that has an effect upon a matter that is regulated by that authority.

AB51-ASA1,6,25 (3) (a) Each director, partner or proprietor of a business shall forfeit $100 if the business does any of the following:

AB51-ASA1,7,1 1. Fails to provide any information required under sub. (2).

AB51-ASA1,7,3 2. Knowingly gives a false answer to any request for information made under sub. (2).

AB51-ASA1,7,4 3. Evades the answer to any request for information made under sub. (2).

AB51-ASA1,7,5 (b) Each day of violation under par. (a) constitutes a separate offense.

AB51-ASA1,7,8 (4) (a) Except as provided in pars. (b) and (c), each authority shall withhold from access by any person under s. 19.35 (1) all information provided to the authority under sub. (2).

AB51-ASA1,7,12 (b) Each authority shall provide to the department of administration, upon written request of the department, any information provided to the authority under sub. (2). The department of administration shall withhold from access by any person under s. 19.35 (1) any information provided to the department under this paragraph.

AB51-ASA1,7,15 (c) Any person who provides information to an authority under sub. (2) may consent in writing to that authority for the authority to provide that information to another specified person or to any person.

AB51-ASA1, s. 8 Section 8. 218.015 (7) of the statutes is amended to read:

AB51-ASA1,7,22 218.015 (7) In Except as provided in s. 893.83, in addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate.

AB51-ASA1, s. 9 Section 9. 560.05 (3) of the statutes is amended to read:

AB51-ASA1,8,5 560.05 (3) The Subject to s. 893.83, the state shall be liable for accrued rentals and for any other default under any lease or sublease made under sub. (2) (c) and may be sued therefor on contract as in other contract actions under ch. 775, except that it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.

AB51-ASA1, s. 10 Section 10. 775.01 of the statutes is amended to read:

AB51-ASA1,8,13 775.01 Actions against state; bond. Upon Except as provided in s. 893.83, upon the refusal of the legislature to allow a claim against the state the claimant may commence an action against the state by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

AB51-ASA1, s. 11 Section 11. 893.83 of the statutes is created to read:

AB51-ASA1,8,16 893.83 Claims against state and local governmental units resulting from certain incorrect dates. (1) In this section:

AB51-ASA1,8,21 (a) "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment, or other information system used to capture, store, manipulate, or process information, or that controls, monitors, or assists in the operation of physical apparatus that relies on automation or digital technology to function.

AB51-ASA1,9,2 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or a combination of an instrumentality of the state and any of the foregoing.

AB51-ASA1,9,3 (c) "Process" includes calculate, compare, sequence, display or store.

AB51-ASA1,9,8 (cm) "Remediation plan" means a written document that includes a listing of tasks, resources and target milestone dates, developed to implement changes to ensure that electronic computing devices will accurately process, transmit and receive date data from, into and between the 20th and 21st centuries and during the years of 1999 and 2000, and from leap year calculations.

AB51-ASA1,9,12 (d) "State governmental unit" means this state, and every subunit or instrumentality of this state, including any institution or authority, regardless of whether moneys are appropriated to the unit, but does not include a local governmental unit.

AB51-ASA1,9,25 (2) No person may maintain an action against any state governmental unit or local governmental unit, or any officer, employe or agent of such a unit acting in his or her capacity as an officer, employe or agent, for any damages arising from any wrongful act or omission caused by the failure of an electronic computing device that is controlled by 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. Sections 893.80 and 893.82 apply to any action for damages arising from any wrongful act or omission caused by the failure of an electronic computing device 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, that is not prohibited by this subsection.

AB51-ASA1,10,5 (3) Any provision of a contract entered into, extended, modified or renewed by a state governmental unit or local governmental unit on or after the effective date of this subsection .... [revisor inserts date], contrary to sub. (2) is void.

AB51-ASA1, s. 12 Section 12. 904.17 of the statutes is created to read:

AB51-ASA1,10,7 904.17 Year 2000 statements. (1) In this section:

AB51-ASA1,10,12 (a) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or a combination of an instrumentality of the state and any of the foregoing.

AB51-ASA1,10,14 (b) "Processing" includes calculating, comparing, sequencing, displaying or storing.

AB51-ASA1,10,17 (c) "Year 2000 processing" means the processing, transmitting or receiving of date data from, into and between the 20th and 21st centuries, and during the years 1999 and 2000, and from leap year calculations.

AB51-ASA1,10,20 (d) "Year 2000 statement" means any communication or other conveyance of information by a person to another or to the public in any form or medium, including a computer program:

AB51-ASA1,10,22 1. Concerning an assessment, projection, or estimate relating to year 2000 processing capabilities of an entity, product, service or set of products and services.

AB51-ASA1,10,25 2. Concerning plans, objectives or timetables for implementing or verifying the year 2000 processing capabilities of an entity, product, service or set of products and services.

AB51-ASA1,11,3 3. Concerning test plans, test dates, test results or operational problems or solutions related to year 2000 processing by products or services that incorporate or utilize products.

AB51-ASA1,11,7 4. 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.

AB51-ASA1,11,9 5. Reviewing, commenting on, or otherwise directly or indirectly relating to year 2000 processing capabilities.