AB67: Bill Text

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.

AB67,20,10 (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:

AB67,20,12 1. Concerning an assessment, projection, or estimate relating to year 2000 processing capabilities of an entity, product, service or set of products and services.

AB67,20,15 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.

AB67,20,18 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.

AB67,20,22 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.

AB67,20,24 5. Reviewing, commenting on, or otherwise directly or indirectly relating to year 2000 processing capabilities.

AB67,21,2 (2) No information provided to an authority under s. 134.92 (2) is admissible in evidence in any civil action or proceeding.

AB67,21,5 (3) Except for information covered under sub. (2), information contained in a year 2000 statement may be offered in evidence in any civil action or proceeding only if one of the following applies:

AB67,21,8 (a) The information is contained in a year 2000 statement made by a person who knew that the statement was false, misleading or deceptive or that was made with reckless disregard as to the truth or falsity of the statement.

AB67,21,10 (b) The information is contained in a republished year 2000 statement that the person who republished the statement knew was false, misleading or deceptive.

AB67,21,14 (c) The information is contained in a year 2000 statement that was made by a person who was compensated for making that statement as part of a contractual service related to the assessment, contingency planning, remediation or testing of a failure in year 2000 processing.

AB67,21,17 (d) The information is contained in a year 2000 statement that was made by a person when soliciting a consumer, including when advertising or offering to sell a product.

AB67,21,21 (e) The information is being offered in a civil action or proceeding brought by a local governmental unit acting in a regulatory, supervisory or enforcement capacity or by a state governmental unit acting in a regulatory, supervisory or enforcement capacity.

AB67,21,23 (f) The information is being offered in any action or proceeding brought under s. 100.261.

AB67, s. 27 Section 27. Nonstatutory provisions.

AB67,22,9 (1) Position authorizations. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 4.0 GPR project positions, to be funded from the appropriation under section 20.115 (1) (d) of the statutes, as created by this act, for the purpose of administering and enforcing section 100.261 of the statutes, as created by this act, and other consumer protection activities relating to the year 2000 readiness, as defined in section 100.261 (1) (c) of the statutes, as created by this act, of an electronic computing device, as defined in section 100.261 (1) (a) of the statutes, as created by this act for the period ending on June 30, 2001.

AB67,22,10 (2) Year 2000 educational outreach.

AB67,22,11 (a) In this subsection:

AB67,22,16 1. "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.

AB67,22,17 2. "Process" includes calculate, compare, sequence, display or store.

AB67,23,2 (b) Notwithstanding section 16.705 (1) of the statutes, from the moneys appropriated under section 20.505 (1) (fo) of the statutes, as created by this act, the department of administration shall contract with one or more private contractors to provide educational outreach with respect to potential failures of electronic computing devices 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, and methods of correction of and contingency planning for such failures. No contract entered into under this subsection may extend beyond December 31, 1999. Section 16.705 (2) and (3) of the statutes do not apply to any such contract.

AB67, s. 28 Section 28. Initial applicability.

AB67,23,6 (1) Immunity for year 2000 statements. The treatment of section 904.17 of the statutes first applies to a year 2000 statement made on the effective date of this subsection.

AB67,23,11 (2) State and local governmental liability. The treatment of sections 16.528 (3) (f), 19.37 (2) and (3), 66.285 (4) (f), 218.015 (7), 560.05 (3), 775.01 and 893.83 of the statutes first applies with respect to noncontractual injuries occurring or injuries occurring under contracts entered into, extended, modified or renewed on the effective date of this subsection.

AB67,23,13 (3) Year 2000 impact statements. The creation of section 13.0992 of the statutes first applies to bills introduced on the effective date of this subsection.

AB67, s. 29 Section 29. Effective dates. This act takes effect on the day after publication, except as follows:

AB67,23,17 (1) Year 2000 impact statements. The repeal of section 13.0992 of the statutes takes effect on January 1, 2001.

AB67,23,19 (2) Educational outreach. The repeal of section 20.505 (1) (fo) of the statutes takes effect on July 1, 2000.

AB67,23,21 (3) Testing of contingency plans. The repeal of sections 20.465 (3) (b) and 166.03 (2) (a) 6. of the statutes takes effect on July 1, 2000.

AB67,23,23 (4) The repeal of section 20.115 (1) (d) of the statutes takes effect on July 1, 2001.

AB67,23,24 (End)