AB1171: Bill Text

AB1171, s. 4 Section 4. 13.95 (intro.) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,4,10 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB1171, s. 5 Section 5. 16.002 (2) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,4,17 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. III of ch. 149 and in chs. 231, 232, 233, 234, 235, and 237, and 238.

AB1171, s. 6 Section 6. 16.004 (4) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,4,25 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 238, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB1171, s. 7 Section 7. 16.004 (5) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,5,6 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 238, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB1171, s. 8 Section 8. 16.045 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,5,14 16.045 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237, or 238.

AB1171, s. 9 Section 9. 16.41 (4) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,5,18 16.41 (4) In this section, "authority" means a body created under subch. III of ch. 149 or under ch. 231, 233, 234, or 237, or 238.

AB1171, s. 10 Section 10. 16.417 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,6,2 16.417 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority or the body created under subch. III of ch. 149 or under ch. 238.

AB1171, s. 11 Section 11. 16.52 (7) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,6,14 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

AB1171, s. 12 Section 12. 16.528 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,6,22 16.528 (1) (a) "Agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

AB1171, s. 13 Section 13. 16.53 (2) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,7,9 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

AB1171, s. 14 Section 14. 16.54 (9) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,7,17 16.54 (9) (a) 1. "Agency" means an office, department, independent 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 the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

AB1171, s. 15 Section 15. 16.70 (2) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,7,21 16.70 (2) "Authority" means a body created under subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 238.

AB1171, s. 16 Section 16. 16.765 (1) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,8,8 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB1171, s. 17 Section 17. 16.765 (2) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,9,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB1171, s. 18 Section 18. 16.765 (4) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,9,9 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

AB1171, s. 19 Section 19. 16.765 (5) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,9,24 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB1171, s. 20 Section 20. 16.765 (6) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,10,12 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB1171, s. 21 Section 21. 16.765 (7) (intro.) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,10,23 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation shall:

AB1171, s. 22 Section 22. 16.765 (7) (d) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,11,6 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation.

AB1171, s. 23 Section 23. 16.765 (8) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,11,22 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

AB1171, s. 24 Section 24. 16.85 (2) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,12,10 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent 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 the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

AB1171, s. 25 Section 25. 16.865 (8) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,13,2 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237, or 238.

AB1171, s. 26 Section 26. 70.11 (41p) of the statutes is created to read:

AB1171,13,6 70.11 (41p) Healthy Wisconsin Authority. All property owned by the Healthy Wisconsin Authority, provided that use of the property is primarily related to the purposes of the authority.

AB1171, s. 27 Section 27. 71.26 (1) (be) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,13,12 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Healthy Wisconsin Authority, and of the Fox River Navigational System Authority.

AB1171, s. 28 Section 28. 77.54 (9a) (a) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,13,17 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Fox River Navigational System Authority.

AB1171, s. 29 Section 29. 100.45 (1) (dm) of the statutes is amended to read:

AB1171,14,2 100.45 (1) (dm) "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 the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, and the Fox River Navigational System Authority, and the Healthy Wisconsin Authority.

AB1171, s. 30 Section 30. 101.177 (1) (d) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,14,13 101.177 (1) (d) "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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, and the Wisconsin Health and Educational Facilities Authority, and the Healthy Wisconsin Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.

AB1171, s. 31 Section 31. 230.03 (3) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

AB1171,14,24 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 238. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB1171, s. 32 Section 32. Chapter 238 of the statutes is created to read:

AB1171,15,2 Chapter 238 Healthy Wisconsin Authority

AB1171,15,3 238.01 Definitions. In this chapter:

AB1171,15,4 (1) "Authority" means the Healthy Wisconsin Authority.

AB1171,15,5 (2) "Board" means the board of directors of the authority.

AB1171,15,10 238.05 Creation and organization of authority. (1) There is created a public body corporate and politic to be known as the "Healthy Wisconsin Authority." The board of directors of the authority shall consist of the commissioner of insurance, or his or her designee, as a nonvoting member, and the following 13 members, who shall serve 4-year terms:

AB1171,15,11 (a) One majority party senator appointed by the senate majority leader.

AB1171,15,12 (b) One minority party senator appointed by the senate minority leader.

AB1171,15,14 (c) One majority party representative to the assembly appointed by the speaker of the assembly.

AB1171,15,16 (d) One minority party representative to the assembly appointed by the assembly minority leader.

AB1171,15,18 (e) Nine nominees of the governor, appointed with the advice and consent of the senate, consisting of all of the following:

AB1171,15,19 1. One health care provider.

AB1171,15,20 2. One representative of a Wisconsin health insurance company.

AB1171,15,21 3. One representative of a Wisconsin employer.

AB1171,15,22 4. One representative of Wisconsin labor unions.

AB1171,15,23 5. Five other members who represent the public interest.

AB1171,16,5 (2) Each member of the board shall hold office until a successor is appointed and qualified unless the member vacates or is removed from his or her office. A member who serves as a result of holding another office or position vacates his or her office as a member when he or she vacates the other office or position. A member who ceases to qualify for office vacates his or her office. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB1171,16,7 (3) Annually, the governor shall appoint one member as chairperson, and the members of the board may elect other officers as they consider appropriate.

AB1171,16,20 (4) The board shall appoint an executive director, but only after legislation specified in s. 238.15 (3) is enacted. The executive director shall not be a member of the board and shall serve at the pleasure of the board. The authority may delegate by resolution to one or more of its members or its executive director any powers and duties that it considers proper. The executive director shall receive such compensation as may be determined by the board. The executive director or other person designated by resolution of the board shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

AB1171,16,25 (5) A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the members present. Meetings of the members of the board may be held anywhere within or without the state.

AB1171,17,4 (6) A member of the board may not be compensated for his or her services but shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, including travel expenses, subject to uniform travel schedule amounts approved under s. 20.916 (8).

AB1171,17,8 (7) No cause of action may arise against and no civil liability may be imposed upon a member or executive director of the authority for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

AB1171,17,12 238.10 Powers of authority. (1) Except as restricted under sub. (2), the authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:

AB1171,17,14 (a) Adopt, amend, and repeal bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.

AB1171,17,15 (b) Have a seal and alter the seal at pleasure.

AB1171,17,16 (c) Maintain an office.

AB1171,17,17 (d) Sue and be sued.

AB1171,17,19 (e) Accept gifts, grants, loans, or other contributions from private or public sources.

AB1171,17,21 (f) Establish the authority's annual budget and monitor the fiscal management of the authority.

AB1171,17,23 (g) Execute contracts and other instruments, including contracts for any professional services required for the authority.

AB1171,17,25 (h) Employ any officers, agents, and employees that it may require and determine their qualifications and compensation.

AB1171,18,1 (i) Procure liability insurance.

AB1171,18,2 (2) The authority may not issue bonds.