Amendment SSA1-SB44

SB44-SSA1,388,4 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.

SB44-SSA1, s. 746 Section 746. 21.80 (7) (b) 2. of the statutes is amended to read:

SB44-SSA1,388,12 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.

SB44-SSA1, s. 747 Section 747. 21.80 (7) (b) 3. of the statutes is amended to read:

SB44-SSA1,388,16 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.

SB44-SSA1, s. 748 Section 748. 21.80 (7) (d) (intro.) of the statutes is amended to read:

SB44-SSA1,388,23 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:

SB44-SSA1, s. 749 Section 749. 21.80 (7) (d) 3. of the statutes is amended to read:

SB44-SSA1,389,5 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.

SB44-SSA1, s. 750 Section 750. Chapter 22 (title) of the statutes is repealed.

SB44-SSA1, s. 751 Section 751. 22.01 (intro.) of the statutes is repealed.

SB44-SSA1, s. 752 Section 752. 22.01 (1) of the statutes is amended to read:

SB44-SSA1,389,9 22.01 (1) "Agency" has the meaning given in s. 16.70 (1) (1e).

SB44-SSA1, s. 753 Section 753. 22.01 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is renumbered 16.97 (1m).

SB44-SSA1, s. 754 Section 754. 22.01 (2), (2m), (3) and (4) of the statutes are renumbered 16.97 (2), (2m), (3) and (4).

SB44-SSA1, s. 755 Section 755. 22.01 (5) of the statutes is repealed.

SB44-SSA1, s. 756 Section 756. 22.01 (5m) to (10) of the statutes are renumbered 16.97 (5m) to (10).

SB44-SSA1, s. 757 Section 757. 22.03 (title) of the statutes is renumbered 16.971 (title).

SB44-SSA1, s. 758 Section 758. 22.03 (2) (intro.), (a) and (ae) of the statutes are renumbered 16.971 (2) (intro.), (a) and (ae).

SB44-SSA1, s. 759 Section 759. 22.03 (2) (am) to (k) of the statutes are renumbered 16.971 (2) (am) to (k).

SB44-SSA1, s. 760 Section 760. 22.03 (2) (L) to (m) of the statutes are renumbered 16.971 (2) (L) to (m) and amended to read:

SB44-SSA1,390,4 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.

SB44-SSA1,390,13 (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.

SB44-SSA1,390,21 (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.

SB44-SSA1, s. 761 Section 761. 22.03 (2) (n) of the statutes is renumbered 16.971 (2) (n).

SB44-SSA1, s. 762 Section 762. 22.03 (2m) (intro.) of the statutes is renumbered 16.971 (2m) (intro.).

SB44-SSA1, s. 763 Section 763. 22.03 (2m) (a) to (h) of the statutes are renumbered 16.971 (2m) (a) to (h).

SB44-SSA1, s. 764 Section 764. 22.03 (3) of the statutes is renumbered 16.971 (3) and amended to read:

SB44-SSA1,391,18 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.

SB44-SSA1,391,24 (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.

SB44-SSA1, s. 765 Section 765. 22.03 (4) and (6) of the statutes are renumbered 16.971 (4) and (6).

SB44-SSA1, s. 766 Section 766. 22.03 (9) of the statutes is renumbered 16.971 (9) and amended to read:

SB44-SSA1,392,13 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.

SB44-SSA1, s. 767 Section 767. 22.03 (11) of the statutes is renumbered 16.971 (11).

SB44-SSA1, s. 768 Section 768. 22.05 (title) of the statutes is renumbered 16.972 (title).

SB44-SSA1, s. 769 Section 769. 22.05 (1) of the statutes is renumbered 16.972 (1).

SB44-SSA1, s. 770 Section 770. 22.05 (2) (intro.) and (a) of the statutes are renumbered 16.972 (2) (intro.) and (a).

SB44-SSA1, s. 771 Section 771. 22.05 (2) (b) and (c) of the statutes are renumbered 16.972 (2) (b) and (c) and amended to read:

SB44-SSA1,393,12 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.

SB44-SSA1,393,22 (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.

SB44-SSA1, s. 772 Section 772. 22.05 (2) (d) of the statutes is renumbered 16.972 (2) (d).

SB44-SSA1, s. 773 Section 773. 22.05 (2) (e) of the statutes is renumbered 16.972 (2) (e).

SB44-SSA1, s. 774 Section 774. 22.05 (2) (f) and (g) of the statutes are renumbered 16.972 (2) (f) and (g) and amended to read:

SB44-SSA1,394,12 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.

SB44-SSA1,394,19 (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.

SB44-SSA1, s. 775 Section 775. 22.05 (2) (h) of the statutes is renumbered 16.972 (2) (h) and amended to read:

SB44-SSA1,395,4 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.

SB44-SSA1, s. 776 Section 776. 22.05 (2) (i) of the statutes is renumbered 16.972 (2) (i).

SB44-SSA1, s. 777 Section 777. 22.07 (intro.) of the statutes is renumbered 16.973 (intro.).

SB44-SSA1, s. 778 Section 778. 22.07 (1) and (2) of the statutes are renumbered 16.973 (1) and (2) and amended to read:

SB44-SSA1,395,12 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.

SB44-SSA1,395,15 (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.

SB44-SSA1, s. 779 Section 779. 22.07 (3) to (7) of the statutes are renumbered 16.973 (3) to (7).

SB44-SSA1, s. 780 Section 780. 22.07 (8) of the statutes is renumbered 16.973 (8) and amended to read:

SB44-SSA1,395,24 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).

SB44-SSA1, s. 781 Section 781. 22.07 (9) of the statutes is renumbered 16.973 (9).

SB44-SSA1, s. 782 Section 782. 22.09 (intro.) of the statutes is renumbered 16.974 (intro.) and amended to read:

SB44-SSA1,396,4 16.974 Powers of the chief information officer department. (intro.) The chief information officer department may:

SB44-SSA1, s. 783 Section 783. 22.09 (1) of the statutes is renumbered 16.974 (1).

SB44-SSA1, s. 784 Section 784. 22.09 (2) and (3) of the statutes are renumbered 16.974 (2) and (3) and amended to read:

SB44-SSA1,396,12 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.

SB44-SSA1,396,25 (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.

SB44-SSA1, s. 785c Section 785c. 22.09 (5) of the statutes is renumbered 16.974 (5).

SB44-SSA1, s. 786 Section 786. 22.11 of the statutes is renumbered 16.975.

SB44-SSA1, s. 787 Section 787. 22.13 (title) of the statutes is renumbered 16.976 (title).

SB44-SSA1, s. 788 Section 788. 22.13 (1) of the statutes is renumbered 16.976 (1) and amended to read:

SB44-SSA1,397,14 16.976 (1) As a part of each proposed strategic plan submitted under s. 22.03 16.971 (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).

SB44-SSA1, s. 789 Section 789. 22.13 (2) of the statutes is renumbered 16.976 (2).

SB44-SSA1, s. 790 Section 790. 22.13 (3) to (5) of the statutes are renumbered 16.976 (3) to (5) and amended to read:

SB44-SSA1,398,2 16.976 (3) Following receipt of a proposed strategic plan from an executive branch agency, the chief information officer department shall, before June 1, notify the agency of any concerns that the officer department may have regarding the plan and provide the agency with his or her its recommendations regarding the proposed plan. The chief information officer department 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 department with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.

SB44-SSA1,398,5 (4) Before June 15, the chief information officer department 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.

SB44-SSA1,398,10 (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 department in accordance with procedures prescribed by the officer department.

SB44-SSA1, s. 791 Section 791. 22.13 (6) of the statutes is renumbered 16.976 (6).

SB44-SSA1, s. 792 Section 792. 22.15 (intro.) of the statutes is renumbered 16.977 (intro.).

SB44-SSA1, s. 793 Section 793. 22.15 (1) to (3) of the statutes are renumbered 16.977 (1) to (3).

SB44-SSA1, s. 794 Section 794. 22.17 (title) of the statutes is renumbered 16.978 (title).

SB44-SSA1, s. 795 Section 795. 22.17 (1) to (4) of the statutes are renumbered 16.978 (1) to (4) and amended to read:

SB44-SSA1,398,19 16.978 (1) The board shall provide the chief information officer department 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).

SB44-SSA1,398,22 (2) The board may advise the chief information officer department with respect to management of the information technology portfolio of state government under s. 22.15 16.977.

SB44-SSA1,399,4 (3) The board may, upon petition of an executive branch agency, review any decision of the chief information officer department under this chapter subchapter 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 department, the decision of the board stands as the decision of the chief information officer department and the decision is not subject to further review or appeal.

SB44-SSA1,399,9 (4) The board may monitor progress in attaining goals for information technology and telecommunications development set by the chief information officer department or executive branch agencies, other than the board of regents of the University of Wisconsin System, and may make recommendations to the officer department or agencies concerning appropriate means of attaining those goals.

SB44-SSA1, s. 796 Section 796. 22.19 of the statutes is renumbered 16.9785.

SB44-SSA1, s. 797 Section 797. 22.41 (title) of the statutes is renumbered 16.979 (title).

SB44-SSA1, s. 798 Section 798. 22.41 (2) (intro.) of the statutes is renumbered 16.979 (2) (intro.).

SB44-SSA1, s. 799 Section 799. 22.41 (2) (a) to (f) of the statutes are renumbered 16.979 (2) (a) to (f).

SB44-SSA1, s. 800 Section 800. 22.41 (3) of the statutes is renumbered 16.979 (3).

SB44-SSA1, s. 801 Section 801. 23.09 (17m) (j) of the statutes is repealed.

SB44-SSA1, s. 801c Section 801c. 23.0917 (3) (b) of the statutes is amended to read: