Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,150,2 (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 division and the actual performance of the department division and the executive branch agencies measured against the performance measures then in effect.

AB1-SSA1-SA2,150,8 (8) Offer the opportunity to local governmental units to voluntarily obtain computer or supercomputer services from the department division 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 division under s. 22.05 16.972 (2) (h) or in the use of any informational system or device provided by the department division under 22.09 16.974 (3).

AB1-SSA1-SA2, s. 72fx Section 72fx. 22.07 (9) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.973 (9).

AB1-SSA1-SA2, s. 72fy Section 72fy. 22.09 (intro.) and (1) to (3) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.974 (intro.) and (1) to (3) and amended to read:

AB1-SSA1-SA2,150,14 16.974 Powers of the chief information officer administrator. (intro.) The chief information officer administrator may:

AB1-SSA1-SA2,150,17 (1) Establish and collect assessments and charges for all authorized services provided by the department division, subject to applicable agreements under sub. (2).

AB1-SSA1-SA2,150,22 (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 department to that agency, authority, unit, or entity at a cost specified in the agreement.

AB1-SSA1-SA2,151,9 (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 administrator 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 administrator. The chief information officer administrator 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 division to that agency, authority, local governmental unit, or entity.

AB1-SSA1-SA2, s. 72fz Section 72fz. 22.09 (5) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.974 (5).

AB1-SSA1-SA2, s. 72fza Section 72fza. 22.11 of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.975 and amended to read:

AB1-SSA1-SA2,152,2 16.975 Access to information. The department division shall withhold from access under s. 19.35 (1) all information submitted to the department division by agencies, authorities, units of the federal government, local governmental units or entities in the private sector for the purpose of processing. The department division may not process such information without the consent of the agency, authority, unit or other entity which submitted the information and may not withhold such information from the agency, authority, unit or other entity or from any other person authorized by the agency, authority, unit or entity to have access to the information. The agency, authority, unit or other entity submitting the information remains the custodian of the information while it is in the custody of the department division and access to such information by that agency, authority, unit or entity or any other person shall be determined by that agency, authority, unit or other entity and in accordance with law.

AB1-SSA1-SA2, s. 72fzb Section 72fzb. 22.13 (title) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (title).

AB1-SSA1-SA2, s. 72fzc Section 72fzc. 22.13 (1) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (1) and amended to read:

AB1-SSA1-SA2,152,15 16.976 (1) As a part of each proposed strategic plan submitted under s. 22.03 16.971 (2) (L), the department division 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).

AB1-SSA1-SA2, s. 72fzd Section 72fzd. 22.13 (2) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.976 (2).

AB1-SSA1-SA2, s. 72fze Section 72fze. 22.13 (3) to (6) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.976 (3) to (6) and amended to read:

AB1-SSA1-SA2,153,4 16.976 (3) Following receipt of a proposed strategic plan from an executive branch agency, the chief information officer administrator shall, before June 1, notify the agency of any concerns that the officer administrator may have regarding the plan and provide the agency with his or her recommendations regarding the proposed plan. The chief information officer administrator 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 administrator with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.

AB1-SSA1-SA2,153,7 (4) Before June 15, the chief information officer administrator 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.

AB1-SSA1-SA2,153,12 (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 administrator in accordance with procedures prescribed by the officer administrator.

AB1-SSA1-SA2,153,15 (6) The department division shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.

AB1-SSA1-SA2, s. 72fzf Section 72fzf. 22.15 (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.977 (intro.) and amended to read:

AB1-SSA1-SA2,153,21 16.977 Information technology portfolio management. (intro.) With the assistance of executive branch agencies and the advice of the board, the department division shall manage the information technology portfolio of state government in accordance with a management structure that includes all of the following:

AB1-SSA1-SA2, s. 72fzg Section 72fzg. 22.15 (1) to (3) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.977 (1) to (3).

AB1-SSA1-SA2, s. 72fzh Section 72fzh. 22.17 (title) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 16.978 (title).

AB1-SSA1-SA2, s. 72fzi Section 72fzi. 22.17 (1) to (4) of the statutes, as created by 2001 Wisconsin Act 16, are renumbered 16.978 (1) to (4) and amended to read:

AB1-SSA1-SA2,154,5 16.978 (1) The board shall provide the chief information officer administrator 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 16.976 (3).

AB1-SSA1-SA2,154,8 (2) The board may advise the chief information officer administrator with respect to management of the information technology portfolio of state government under s. 22.15 16.977.

AB1-SSA1-SA2,154,15 (3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer administrator 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 administrator, the decision of the board stands as the decision of the chief information officer administrator and the decision is not subject to further review or appeal.

AB1-SSA1-SA2,154,20 (4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the chief information officer administrator or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer administrator or agencies concerning appropriate means of attaining those goals.

AB1-SSA1-SA2, s. 72fzj Section 72fzj. 22.19 of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.9785 and amended to read:

AB1-SSA1-SA2,155,4 16.9785 Purchases of computers by teachers. The department division shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department division shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

AB1-SSA1-SA2, s. 72fzk Section 72fzk. 22.41 (title) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (title).

AB1-SSA1-SA2, s. 72fzL Section 72fzL. 22.41 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (2) (intro.) and amended to read:

AB1-SSA1-SA2,155,13 16.979 (2) Powers and duties. (intro.) The department division shall ensure maximum utility, cost-benefit and operational efficiency of all telecommunications systems and activities of this state, and those which interface with cities, counties, villages, towns, other states and the federal government. The department division, with the assistance and cooperation of all other agencies, shall:

AB1-SSA1-SA2, s. 72fzm Section 72fzm. 22.41 (2) (a) to (f) of the statutes, as affected by 2001 Wisconsin Act 16, are renumbered 16.979 (2) (a) to (f).

AB1-SSA1-SA2, s. 72fzn Section 72fzn. 22.41 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 16.979 (3) and amended to read:

AB1-SSA1-SA2,155,23 16.979 (3) Private college and university participation in state telecommunications network. The department division may allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by the department division.".

AB1-SSA1-SA2,155,24 123. Page 25, line 15: after that line insert:

AB1-SSA1-SA2,156,1 " Section 72f. 21.48 (3) of the statutes is amended to read:

AB1-SSA1-SA2,156,6 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 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.".

AB1-SSA1-SA2,156,7 124. Page 25, line 16: delete lines 16 to 18.

AB1-SSA1-SA2,156,9 125. Page 27, line 21: delete the material beginning with that line and ending with page 28, line 2.

AB1-SSA1-SA2,156,10 126. Page 28, line 2: after that line insert:

AB1-SSA1-SA2,156,11 " Section 72t. 23.22 of the statutes is created to read:

AB1-SSA1-SA2,156,12 23.22 Invasive species. (1) Definitions. In this section:

AB1-SSA1-SA2,156,14 (a) "Control" means to cut, remove, destroy, suppress, or prevent the introduction or spread of.

AB1-SSA1-SA2,156,15 (b) "Council" means the invasive species council.

AB1-SSA1-SA2,156,17 (c) "Invasive species" means nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

AB1-SSA1-SA2,156,19 (d) "State agency" means a board, commission, committee, department, or office in the state government.

AB1-SSA1-SA2,156,21 (2) Department responsibilities. (a) The department shall establish a statewide program to control invasive species in this state.

AB1-SSA1-SA2,156,23 (b) As part of the program established under par. (a), the department shall do all of the following:

AB1-SSA1-SA2,157,2 1. Create and implement a statewide management plan to control invasive species in this state, which shall include inspections as specified under sub. (5).

AB1-SSA1-SA2,157,4 2. Administer the program established under s. 23.24 as it relates to invasive aquatic plants.

AB1-SSA1-SA2,157,6 3. Encourage cooperation among state agencies and other entities to control invasive species in this state.

AB1-SSA1-SA2,157,7 4. Seek public and private funding for the program.

AB1-SSA1-SA2,157,10 6. Promulgate rules to classify invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a).

AB1-SSA1-SA2,157,18 (c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% of the costs of projects to control invasive species. Any rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients and shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c).

AB1-SSA1-SA2,157,25 (3) Council duties. (a) The council shall make recommendations to the department for a system for classifying invasive species under the program established under sub. (2). The recommendations shall contain criteria for each classification to be used, the allowed activities associated with each classification, criteria for determining state priorities for controlling invasive species under each classification, and criteria for determining the types of actions to be taken in response to the introduction or spread of a native species under each classification.

AB1-SSA1-SA2,158,3 (b) Under the program established under sub. (2), the council shall conduct studies of issues related to controlling invasive species. The studies shall address all of the following:

AB1-SSA1-SA2,158,5 1. The effect of the state's bait industry on the introduction and spread of invasive species.

AB1-SSA1-SA2,158,7 2. The effect of the state's pet industry on the introduction and spread of invasive species.

AB1-SSA1-SA2,158,8 3. The acquisition of invasive species through mail order and Internet sales.

AB1-SSA1-SA2,158,9 4. Any other issue as determined by the council.

AB1-SSA1-SA2,158,15 (c) The council shall make recommendations to the department on the establishment of a procedure for awarding cost-sharing grants under sub. (2) (c) to public and private entities for up to 50% of the costs of eligible projects to control invasive species. The recommendations shall contain criteria for determining eligibility for these grants and for determining which applicants should be awarded the grants.

AB1-SSA1-SA2,158,18 (d) To assist the council in its work, the council shall create 4 subcommittees on the subjects of education, research, regulation, and interagency coordination. The council may create additional subcommittees on other subjects.

AB1-SSA1-SA2,158,24 (5) Inspections. As part of the statewide management plan, the department shall create a watercraft inspection program under which the department shall conduct periodic inspections of boats, boating equipment, and boat trailers entering and leaving navigable waters and shall educate boaters about the threat of invasive species that are aquatic species. The department shall encourage the use of volunteers or may use department employees for these inspections.

AB1-SSA1-SA2,159,3 (6) Reports. (a) The department shall submit to the legislature under s. 13.172 (2), and to the governor and the council, a biennial report that includes all of the following:

AB1-SSA1-SA2,159,6 1. Details on the administration of the program established under sub. (2), including an assessment as to the progress that is being made in controlling invasive species in this state.

AB1-SSA1-SA2,159,7 2. A description of state funding that has been expended under the program.

AB1-SSA1-SA2,159,9 3. A description of funding from other sources that has been expended to control invasive species in this state.

AB1-SSA1-SA2,159,10 4. An assessment of the future needs of the program.

AB1-SSA1-SA2,159,14 (b) The department shall submit the biennial report under par. (a) before July 1 of each even-numbered year. The first biennial report shall be submitted no later than July 1, 2004. Each report shall cover the 24-month period ending on the March 31 that immediately precedes the date of the report.

AB1-SSA1-SA2,159,22 (c) In addition to the report required under par. (a), the department shall submit an interim performance report to the legislature under s. 13.172 (2), and to the governor and the council, on the progress that has been made on the control of invasive species. The department shall submit this interim performance report before July 1 of each odd-numbered year. The first interim performance report shall be submitted no later than July 1, 2005. Each interim performance report shall cover the 12-month period ending on the March 31 that immediately precedes the date of the interim performance report.

AB1-SSA1-SA2,159,25 (7) Appearance before legislature. Upon request of a standing committee of the legislature with jurisdiction over matters related to the environment, natural resources, or agriculture, the director of the program shall appear to testify.

AB1-SSA1-SA2, s. 72td Section 72td. 23.23 (title) of the statutes is repealed.

AB1-SSA1-SA2, s. 72tj Section 72tj. 23.23 (1) of the statutes is renumbered 23.235 (1) (b) and amended to read:

AB1-SSA1-SA2,160,5 23.235 (1) (b) In this section, "purple "Purple loosestrife" means any nonnative member of the genus Lythrum.

AB1-SSA1-SA2, s. 72tm Section 72tm. 23.23 (2) of the statutes is renumbered 23.235 (3m) and amended to read:

AB1-SSA1-SA2,160,14 23.235 (3m) Research. The Under the program established under s. 23.22, the department shall make a reasonable effort to conduct research to determine alternative methods to contain and control purple loosestrife in the most environmentally sound manner and may conduct other research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.

AB1-SSA1-SA2, s. 72tq Section 72tq. 23.23 (3) (a) of the statutes is renumbered 23.235 (2m) (a) and amended to read:

AB1-SSA1-SA2,160,20 23.235 (2m) (a) The Under the program established under s. 23.22, the department shall make a reasonable effort to develop a statewide program plan to control purple loosestrife on both public and private lands, as provided in this subsection.

AB1-SSA1-SA2, s. 72tv Section 72tv. 23.23 (3) (b) of the statutes is renumbered 23.235 (2m) (b) and amended to read:

AB1-SSA1-SA2,161,2 23.235 (2m) (b) The department shall make a reasonable effort to implement control and quarantine methods on public lands as soon as practicable. The department shall make a reasonable effort to employ the least environmentally harmful methods available that are effective, based on research conducted under sub. (2) (3m).

AB1-SSA1-SA2, s. 72ud Section 72ud. 23.23 (3) (c) of the statutes is renumbered 23.235 (2m) (c).

AB1-SSA1-SA2, s. 72uj Section 72uj. 23.23 (3) (d) of the statutes is renumbered 23.235 (2m) (d).

AB1-SSA1-SA2, s. 72um Section 72um. 23.23 (3) (e) of the statutes is renumbered 23.235 (2m) (e).

AB1-SSA1-SA2, s. 72uq Section 72uq. 23.23 (4) (a) of the statutes is renumbered 23.235 (4) (a) and amended to read:

AB1-SSA1-SA2,161,11 23.235 (4) (a) The Under the program established under s. 23.22, the department shall make a reasonable effort to develop a statewide education program effort on the effects of purple loosestrife nuisance weeds, as provided in this subsection.

AB1-SSA1-SA2, s. 72uv Section 72uv. 23.23 (4) (b) of the statutes is renumbered 23.235 (4) (b) and amended to read: