AB67: Bill Text

AB67,8,8 (4) Rule-making authority. The department may promulgate any rules necessary for the administration of this section.

AB67, s. 2 Section 2. 13.0992 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB67, s. 3 Section 3. 16.528 (3) (f) of the statutes is created to read:

AB67,8,12 16.528 (3) (f) An order or contract to which s. 893.83 applies.

AB67, s. 4 Section 4. 19.37 (2) of the statutes is amended to read:

AB67,8,23 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.

AB67,9,3 (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.

AB67, s. 5 Section 5. 19.37 (3) of the statutes is amended to read:

AB67,9,8 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.

AB67, s. 6 Section 6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB67, s. 7 Section 7. 20.115 (1) (d) of the statutes is created to read:

AB67,10,5 20.115 (1) (d) Year 2000 consumer protection. As a continuing appropriation, the amounts in the schedule for the administration and enforcement of s. 100.261 and other consumer protection activities relating to the year 2000 readiness of electronic computing devices.

AB67, s. 8 Section 8. 20.115 (1) (d) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB67, s. 9 Section 9. 20.465 (3) (b) of the statutes is created to read:

AB67,10,11 20.465 (3) (b) Year 2000 computer program development. As a continuing appropriation, the amounts in the schedule for the development, testing and distribution of a computer program under s. 166.03 (2) (a) 6.

AB67, s. 10 Section 10. 20.465 (3) (b) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB67, s. 11 Section 11. 20.505 (1) (fo) of the statutes is created to read:

AB67,10,17 20.505 (1) (fo) Year 2000 educational outreach. As a continuing appropriation, the amounts in the schedule to contract for educational outreach services under 1999 Wisconsin Act .... (this act), section 9101 (2 ).

AB67, s. 12 Section 12. 20.505 (1) (fo) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB67, s. 13 Section 13. 21.11 (1) of the statutes is renumbered 21.11 (1) (a).

AB67, s. 14 Section 14. 21.11 (1) (b) of the statutes is created to read:

AB67,11,2 21.11 (1) (b) 1. In this paragraph "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.

AB67,11,18 2. In anticipation of, or in the event of, a public disaster resulting from 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, the governor may order into active service all or any portion of the national guard. If the governor is absent, or cannot be immediately communicated with, the commanding officers of any national guard company, battalion or regiment may, upon approval of the adjutant general, if the danger is great and imminent, order out that officer's command to respond to the public disaster. The order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer. Every company commander receiving an order under this paragraph shall immediately communicate the substance of that order to each member of the company, or if any member cannot be found, a notice in writing containing the substance of the order shall be left at the last and usual place of residence of the member with some person of suitable age and discretion, to whom its contents shall be explained. This paragraph does not apply after December 31, 2000.

AB67, s. 15 Section 15. 66.285 (4) (f) of the statutes is created to read:

AB67,11,20 66.285 (4) (f) An order or contract to which s. 893.83 applies.

AB67, s. 16 Section 16. 100.261 of the statutes is created to read:

AB67,11,22 100.261 Year 2000 readiness. (1) Definitions. In this section:

AB67,12,2 (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.

AB67,12,3 (b) "Process" includes calculate, compare, sequence, display and store.

AB67,12,6 (c) "Year 2000 readiness" means the ability 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.

AB67,12,16 (2) Advertising and sales representations. A person may not make any statement or representation with regard to the year 2000 readiness of an electronic computing device which is false, misleading or deceptive, or which omits material information with respect to the year 2000 readiness of an electronic computing device that is necessary to make the statement not false, misleading or deceptive. For the purpose of this subsection, it is false, misleading or deceptive to state or represent that an electronic computing device is able 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 electronic computing device cannot do so without modification or alteration.

AB67,12,20 (3) Information on year 2000 readiness. The department may request information about the year 2000 readiness of an electronic computing device from any person who sells or offers to sell or who has ever sold or offered to sell an electronic computing device to a person in this state.

AB67,12,25 (4) Remedies and penalties. (a) 1. If a person makes a statement or representation in violation of sub. (2), any other person adversely affected by that violation has a claim for appropriate relief, including not less than $500 nor more than twice the amount of damages, injunctive or declaratory relief, specific performance and rescission.

AB67,13,12 2. If a person fails to respond to an information request about the year 2000 readiness of an electronic computing device by the department under sub. (3) or if the person provides information to the department in response to a request about the year 2000 readiness of an electronic computing device under sub. (3) that is false, misleading or deceptive, then any person adversely affected by the failure of that 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 has a claim for appropriate relief, including not less than $500 nor more than twice the amount of damages, injunctive or declaratory relief, specific performance and rescission against the person who failed to respond to the department's request or gave the department false, misleading or deceptive information.

AB67,13,14 3. A person who is entitled to relief under subd. 1. or 2. is also entitled to recover costs and disbursements, including reasonable attorney fees.

AB67,13,21 (b) 1. The department of agriculture, trade and consumer protection may request the department of justice to commence, or any district attorney, upon informing the department of agriculture, trade and consumer protection, may commence, an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of sub. (2). In addition to injunctive relief, the court may award any person twice the amount of any damages suffered because of a violation of sub. (2).

AB67,13,24 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to administer this section. The department may subpoena persons and require the production of books and other documents in a timely manner.

AB67,14,4 (c) Any person who violates sub. (2) or who fails to respond to an information request made by the department under sub. (3) or who provides information to the department in response to a request made under sub. (3) that is false, misleading or deceptive shall forfeit not less than $100 nor more than $10,000 for each offense.

AB67,14,8 (d) This section does not preempt the administration or enforcement of this chapter or ch. 133. Practices in violation of this section may also constitute unfair methods of competition or unfair trade practices under s. 100.20 (1) or (1t) or fraudulent representations under s. 100.18 (1) or violate ch. 133.

AB67, s. 17 Section 17. 134.92 of the statutes is created to read:

AB67,14,10 134.92 Year 2000 processing information. (1) In this section:

AB67,14,12 (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.

AB67,14,13 (b) "Authority" has the meaning given in s. 19.32 (1).

AB67,14,15 (c) "Processing" includes calculating, comparing, sequencing, displaying or storing.

AB67,14,17 (d) "Regulatory power" means the power to authorize or require a specific class of persons to perform certain acts.

AB67,14,20 (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.

AB67,14,23 (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:

AB67,14,25 1. Concerning an assessment, projection or estimate relating to year 2000 processing capabilities of an entity, product, service or set of products and services.

AB67,15,3 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.

AB67,15,6 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.

AB67,15,10 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.

AB67,15,12 5. Reviewing, commenting on, or otherwise directly or indirectly relating to year 2000 processing capabilities.

AB67,15,18 (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.

AB67,15,20 (3) (a) Each director, partner or proprietor of a business shall forfeit $100 if the business does any of the following:

AB67,15,21 1. Fails to provide any information required under sub. (2).

AB67,15,23 2. Knowingly gives a false answer to any request for information made under sub. (2).

AB67,15,24 3. Evades the answer to any request for information made under sub. (2).

AB67,15,25 (b) Each day of violation under par. (a) constitutes a separate offense.

AB67,16,3 (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).

AB67,16,7 (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.

AB67,16,10 (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.

AB67,16,12 (5) No information provided to an authority upon request of the authority under sub. (2) is admissible in evidence in any civil action or proceeding.

AB67, s. 18 Section 18. 134.99 (1) of the statutes is amended to read:

AB67,16,18 134.99 (1) Whoever is concerned in the commission of a violation of this chapter, except s. 134.92, for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

AB67, s. 19 Section 19. 166.03 (2) (a) 6. of the statutes is created to read:

AB67,17,4 166.03 (2) (a) 6. Provide funding to one or more counties, cities, villages or towns for the testing of the local emergency management services agency contingency plans for responding to 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. In this subdivision, "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.

AB67, s. 20 Section 20. 166.03 (2) (a) 6. of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB67, s. 21 Section 21. 218.015 (7) of the statutes is amended to read:

AB67,17,13 218.015 (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.

AB67, s. 22 Section 22. 560.05 (3) of the statutes is amended to read:

AB67,17,21 560.05 (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.

AB67, s. 23 Section 23. 775.01 of the statutes is amended to read:

AB67,18,4 775.01 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.

AB67, s. 24 Section 24. 814.04 (intro.) of the statutes is amended to read:

AB67,18,9 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.04 (6) (i) and (6m) (a), 100.261 (4) (a) 3., 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed, costs shall be as follows:

AB67, s. 25 Section 25. 893.83 of the statutes is created to read:

AB67,18,12 893.83 Claims against state and local governmental units resulting from certain incorrect dates. (1) In this section:

AB67,18,17 (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.

AB67,18,21 (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 an instrumentality of the state and any of the foregoing.

AB67,18,22 (c) "Process" includes calculate, compare, sequence, display or store.

AB67,19,2 (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.

AB67,19,6 (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.

AB67,19,17 (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.

AB67,19,20 (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.

AB67, s. 26 Section 26. 904.17 of the statutes is created to read:

AB67,19,22 904.17 Year 2000 statements. (1) In this section:

AB67,20,2 (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 an instrumentality of the state and any of the foregoing.

AB67,20,4 (b) "Processing" includes calculating, comparing, sequencing, displaying or storing.

AB67,20,7 (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.