Amendment ASA1-SB55

SB55-ASA1,440,5 21.49 (3m) (a) The Except as provided in par. (b), the department may require a guard member who has received a grant under this section to repay the amount of the grant to the department if the national guard member, within 12 months of receipt of the grant, fails to meet any of the national guard service eligibility criteria established by the department by rule.

SB55-ASA1, s. 1024h Section 1024h. 21.49 (3m) (b) of the statutes is created to read:

SB55-ASA1,440,11 21.49 (3m) (b) A guard member shall repay all tuition grants paid under this section to the guard member during the term of his or her enlistment contract if the guard member is separated for cause from the national guard for misconduct, as defined in the rules and regulations of the national guard, or for being absence without leave for more than 9 unit training sessions.

SB55-ASA1, s. 647 Section 647. 21.59 of the statutes is amended to read:

SB55-ASA1,440,15 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.

SB55-ASA1, s. 648 Section 648. Chapter 22 (title) of the statutes is created to read:

SB55-ASA1,440,19 CHAPTER 22 DEPARTMENT OF electronic government

SB55-ASA1, s. 649 Section 649. 22.01 (2m), (5), (6m) and (10) of the statutes are created to read:

SB55-ASA1,440,21 22.01 (2m) "Board" means the information technology management board.

SB55-ASA1,440,22 (5) "Department" means the department of electronic government.

SB55-ASA1,440,25 (6m) "Information technology portfolio" means information technology systems, applications, infrastructure, and information resources and human resources devoted to developing and maintaining information technology systems.

SB55-ASA1,441,3 (10) "Telecommunications" means all services and facilities capable of transmitting, switching, or receiving information in any form by wire, radio, or other electronic means.

SB55-ASA1, s. 650 Section 650. 22.05 (1) (ac) of the statutes is created to read:

SB55-ASA1,441,6 22.05 (1) (ac) "Broadcasting corporation" has the meaning given under s. 39.81 (2).

SB55-ASA1, s. 651 Section 651. 22.05 (2) (f) to (i) of the statutes are created to read:

SB55-ASA1,441,17 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, 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. The department may also charge any agency for such costs as a component of any services provided by the department to the agency.

SB55-ASA1,441,24 (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 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.

SB55-ASA1,442,7 (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, other than the board of regents of the University of Wisconsin System, to make any purchases of materials, supplies, equipment, or contractual services included under the contract pursuant to the terms of the contract.

SB55-ASA1,442,9 (i) Accept gifts, grants, and bequests, to be used for the purposes for which made, consistently with applicable laws.

SB55-ASA1, s. 652 Section 652. 22.07 (intro.) of the statutes is created to read:

SB55-ASA1,442,11 22.07 Duties of the department. (intro.) The department shall:

SB55-ASA1, s. 1030d Section 1030d. 22.07 (2) of the statutes is created to read:

SB55-ASA1,442,15 22.07 (2) Promulgate rules prescribing methodologies for establishing all fees and charges established or assessed by the department or the chief information officer under this chapter.

SB55-ASA1, s. 1030k Section 1030k. 22.07 (7) of the statutes is created to read:

SB55-ASA1,442,24 22.07 (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 and the actual performance of the department and the executive branch agencies measured against the performance measures then in effect.

SB55-ASA1, s. 1030L Section 1030L. 22.07 (8) of the statutes is created to read:

SB55-ASA1,443,5 22.07 (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 (2) (b) or (c), and to voluntarily participate in any master contract established by the department under s. 22.05 (2) (h) or in the use of any informational system or device provided by the department under 22.09 (3).

SB55-ASA1, s. 653 Section 653. 22.09 of the statutes is created to read:

SB55-ASA1,443,8 22.09 Powers of the chief information officer. The chief information officer may:

SB55-ASA1,443,10 (1) Establish and collect assessments and charges for all authorized services provided by the department, subject to applicable agreements under sub. (2).

SB55-ASA1,443,15 (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.

SB55-ASA1,444,2 (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, 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. 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.

SB55-ASA1,444,7 (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, other than the board of regents of the University of Wisconsin System.

SB55-ASA1, s. 654 Section 654. 22.13 of the statutes is created to read:

SB55-ASA1,444,18 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).

SB55-ASA1,444,22 (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.

SB55-ASA1,445,6 (3) Following receipt of a proposed strategic plan from an executive branch agency, 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.

SB55-ASA1,445,9 (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.

SB55-ASA1,445,14 (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 in accordance with procedures prescribed by the officer.

SB55-ASA1,445,17 (6) The department shall consult with the joint committee on information policy and technology in providing guidance for planning by executive branch agencies.

SB55-ASA1, s. 655 Section 655. 22.15 of the statutes is created to read:

SB55-ASA1,445,22 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:

SB55-ASA1,445,23 (1) Criteria for selection of information technology assets to be managed.

SB55-ASA1,445,25 (2) Methods for monitoring and controlling information technology development projects and assets.

SB55-ASA1,446,3 (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.

SB55-ASA1, s. 656 Section 656. 22.17 of the statutes is created to read:

SB55-ASA1,446,8 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).

SB55-ASA1,446,11 (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.

SB55-ASA1,446,17 (3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer 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, 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.

SB55-ASA1,446,22 (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, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer or agencies concerning appropriate means of attaining those goals.

SB55-ASA1, s. 1034h Section 1034h. 23.0917 (3) (a) of the statutes is amended to read:

SB55-ASA1,447,3 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (3m) (b), (7), (7m), and (8) and 23.198 (1) (a).

SB55-ASA1, s. 1034k Section 1034k. 23.0917 (3) (bm) of the statutes is created to read:

SB55-ASA1,447,9 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $12,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.

SB55-ASA1, s. 1034p Section 1034p. 23.0917 (4) (a) of the statutes is amended to read:

SB55-ASA1,447,14 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

SB55-ASA1, s. 1034pm Section 1034pm. 23.0917 (4) (cm) of the statutes is created to read:

SB55-ASA1,447,18 23.0917 (4) (cm) Notwithstanding pars. (b) and (c), moneys may be obligated under the subprogram for property development and local assistance for any of the following purposes:

SB55-ASA1,447,20 1. Construction of the Wisconsin agricultural stewardship initiative facility under s. 23.197 (7m).

SB55-ASA1,447,21 2. Projects approved by the state fair park board under s. 23.197 (8).

SB55-ASA1,447,23 3. Reconstruction of the chalet at Rib Mountain State Park under s. 23.197 (3m) (b).

SB55-ASA1,447,25 4. Renovation of the facility known as the Atlas Mill located in the city of Appleton under s. 23.197 (5m).

SB55-ASA1,448,2 5. Development of a conservation law enforcement museum under s. 23.197 (8m).

SB55-ASA1, s. 1035g Section 1035g. 23.0917 (7) (e) of the statutes is amended to read:

SB55-ASA1,448,11 23.0917 (7) (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, and if the department estimates that the fair market value of the land exceeds $200,000, the governmental unit or nonprofit conservation organization shall submit to the department two appraisals at least one appraisal if the department estimates that the fair market value of the land exceeds $200,000, and the department shall obtain its own independent appraisal.

SB55-ASA1, s. 1035m Section 1035m. 23.0917 (7) (f) of the statutes is created to read:

SB55-ASA1,448,14 23.0917 (7) (f) 1. In this paragraph, "taxation district" has the meaning given in s. 70.114 (1) (e).

SB55-ASA1,448,21 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

SB55-ASA1, s. 657 Section 657. 23.0917 (8) (b) of the statutes is created to read:

SB55-ASA1,449,2 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.

SB55-ASA1, s. 658 Section 658. 23.097 (1) of the statutes is renumbered 23.097 (1) (b) and amended to read:

SB55-ASA1,449,9 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.

SB55-ASA1, s. 659 Section 659. 23.097 (1) (a) of the statutes is created to read:

SB55-ASA1,449,14 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.

SB55-ASA1, s. 1038d Section 1038d. 23.125 of the statutes is created to read:

SB55-ASA1,449,20 23.125 Natural resources board member conflicts of interest. (1) If a member of the natural resources board is the holder of a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license.

SB55-ASA1,450,3 (2) If a member of the natural resources board receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from a holder of or applicant for a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license, except that this restriction does not apply with respect to a permit or license held or applied for by an agency, department, or subdivision of this state.

SB55-ASA1, s. 1038g Section 1038g. 23.14 (title) of the statutes is amended to read:

SB55-ASA1,450,5 23.14 (title) Approval Procedures required before new lands acquired.

SB55-ASA1, s. 1038m Section 1038m. 23.14 of the statutes is renumbered 23.14 (1).

SB55-ASA1, s. 1038r Section 1038r. 23.14 (2) of the statutes is created to read:

SB55-ASA1,450,17 23.14 (2) The department may not acquire any rights in the lands that are included in the Milwaukee county grounds unless the department first notifies the joint committee on finance in writing of the proposed acquisition. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the proposed rights. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the rights only upon approval of the committee.

SB55-ASA1, s. 660 Section 660. 23.175 (1) (b) of the statutes is amended to read:

SB55-ASA1,450,23 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.

SB55-ASA1, s. 1039b Section 1039b. 23.193 of the statutes is created to read:

SB55-ASA1,451,7 23.193 Acquisition of certain lands purchased by the board of commissioners of public lands. (1) If the board of commissioners of public lands invests moneys in the purchase of land under s. 24.61 (2) (a) 10., the department, within 5 years after the date of purchase, may offer to exchange land that is currently owned by the state and that is under the jurisdiction of the department for the land purchased under s. 24.61 (2) (a) 10. The value of the land offered for exchange by the department shall be of approximately equal value, as defined in s. 24.09 (1) (bm).

SB55-ASA1,451,12 (2) If the department fails to make such an offer under sub. (1) within the required time period, the department shall pay the board of commissioners of public lands an amount that equals the fair market value of the land and the board shall transfer jurisdiction over any land purchased under s. 24.61 (2) (a) 10. to the department.

SB55-ASA1,451,14 (3) Section 23.14 does not apply to any land over which the department acquires jurisdiction under this section.

SB55-ASA1, s. 1039c Section 1039c. 23.197 (3m) of the statutes is renumbered 23.197 (3m) (a) and amended to read: