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1(3) Annually submit to the governor and the legislative audit bureau a
2statement of its activities and financial condition.
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3(4) Approve the use of any trademarks, seals, or logos by participating insurers
4and small employers.
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5(5) Comply with the requirements of s. 16.413 as if the authority is a state
6agency.
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7636.74 Authority powers. The authority has all of the powers necessary or
8convenient to carry out its duties under this chapter, except that it may not acquire
9or hold title to real estate or issue bonds. In addition, the authority may do any of
10the following:
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11(1) Adopt bylaws and policies and procedures for the regulation of its affairs
12and the conduct of its business.
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13(2) Have a seal and alter the seal at pleasure; have perpetual existence; and
14maintain an office.
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15(3) Hire employees, define their duties, and fix their rate of compensation.
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16(4) Delegate by resolution to one or more of its members any powers and duties
17that it considers proper.
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18(5) Incur debt.
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19(6) Appoint any technical or professional advisory committee that the
20authority finds necessary to assist the authority in exercising its duties and powers.
21If the authority appoints a committee, the authority shall define the duties of the
22committee and provide reimbursement for the expenses of the committee.
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23(7) Accept gifts, grants, loans, or other contributions from private or public
24sources.
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25(8) Procure liability insurance.
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1(9) Sue and be sued in its own name and plead and be impleaded.
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2(10) Execute contracts and other instruments, including contracts for
3professional or technical services required for the authority or the operation of an
4exchange under subch. II.
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5636.76 Contracting for professional services. (1) Whenever contracting
6for professional services, the authority shall solicit competitive sealed bids or
7competitive sealed proposals, whichever is appropriate. Each request for
8competitive sealed proposals shall state the relative importance of price and other
9evaluation factors.
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10(2) (a) When the estimated cost exceeds $25,000, the authority may invite
11competitive sealed bids or proposals by publishing a class 2 notice under ch. 985 or
12by posting notice on the Internet at a site determined or approved by the authority.
13The notice shall describe the contractual services to be purchased, the intent to make
14the procurement by solicitation of bids or proposals, any requirement for surety, and
15the date the bids or proposals will be opened, which shall be at least 7 days after the
16date of the last insertion of the notice or at least 7 days after the date of posting on
17the Internet.
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(b) When the estimated cost is $25,000 or less, the authority may award the
19contract in accordance with simplified procedures established by the authority for
20such transactions.
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(c) For purposes of clarification, the authority may discuss the requirements
22of the proposed contract with any person who submits a bid or proposal and shall
23permit any offerer to revise his or her bid or proposal to ensure its responsiveness to
24those requirements.
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1(3) (a) The authority shall determine which bids or proposals are reasonably
2likely to be awarded the contract and shall provide each offerer of such a bid or
3proposal a fair and equal opportunity to discuss the bid or proposal. The authority
4may negotiate with each offerer in order to obtain terms that are advantageous to
5the authority. Prior to the award of the contract, any offerer may revise his or her
6bid or proposal. The authority shall keep a written record of all meetings,
7conferences, oral presentations, discussions, negotiations, and evaluations of bids or
8proposals under this section.
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(b) In opening, discussing, and negotiating bids or proposals, the authority may
10not disclose any information that would reveal the terms of a competing bid or
11proposal.
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12(4) (a) After receiving each offerer's best and final offer, the authority shall
13determine which proposal is most advantageous and shall award the contract to the
14person who offered it. The authority's determination shall be based only on price and
15the other evaluation factors specified in the request for bids or proposals. The
16authority shall state in writing the reason for the award and shall place the
17statement in the contract file.
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(b) Following the award of the contract, the authority shall prepare a register
19of all bids or proposals.
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20636.78 Political activities. (1) No employee of the authority may directly
21or indirectly solicit or receive subscriptions or contributions for any partisan political
22party or any political purpose while engaged in his or her official duties as an
23employee. No employee of the authority may engage in any form of political activity
24calculated to favor or improve the chances of any political party or any person seeking
25or attempting to hold partisan political office while engaged in his or her official
1duties as an employee or engage in any political activity while not engaged in his or
2her official duties as an employee to such an extent that the person's efficiency during
3working hours will be impaired or that he or she will be tardy or absent from work.
4Any violation of this section is adequate grounds for dismissal.
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5(2) If an employee of the authority declares an intention to run for partisan
6political office, the employee shall be placed on a leave of absence for the duration
7of the election campaign and if elected shall no longer be employed by the authority
8on assuming the duties and responsibilities of such office.
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9(3) An employee of the authority may be granted, by the executive director, a
10leave of absence to participate in partisan political campaigning.
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11(4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the
12restrictions of sub. (1), except as they apply to the solicitation of assistance,
13subscription, or support from any other employee in the authority.
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14636.80 Financial disclosure. (1) In this section, "individual required to file"
15means a person who is a member of the board of the authority or the executive
16director of the authority.
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17(2) Each individual who in January of any year is an individual required to file
18shall file with the government accountability board no later than April 30 of that year
19a statement of economic interests meeting each of the requirements of s. 19.44 (1).
20The information contained on the statement shall be current as of December 31 of
21the preceding year.
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22(3) An individual required to file shall file with the government accountability
23board a statement of economic interests meeting each of the requirements of s. 19.44
24(1) no later than 21 days following the date he or she assumes a position on the board
25or the position of executive director if the individual required to file has not
1previously filed a statement of economic interests with the government
2accountability board during that year. The information on the statement shall be
3current as per the date he or she assumes the position.
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4(4) If an individual required to file fails to make a timely filing, the government
5accountability board shall promptly provide notice of the delinquency to the
6secretary of administration, and to the executive director of the authority, or the
7chairperson of the board if the executive director's filing is untimely. Upon such
8notification, both the secretary of administration and the executive director, or
9chairperson, shall withhold all payments for compensation, reimbursement of
10expenses, and other obligations to the individual until the government
11accountability board notifies those to whom notice of the delinquency was provided
12that the individual has complied with this section.
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13(5) On its own motion or at the request of any individual required to file a
14statement of economic interests, the government accountability board may extend
15the time for filing or waive any filing requirement if the government accountability
16board determines that the literal application of the filing requirements of this
17subchapter would work an unreasonable hardship on that individual or that the
18extension of the time for filing or waiver is in the public interest. The government
19accountability board shall set forth in writing as a matter of public record its reason
20for the extension or waiver.
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21(6) (a) Any person who violates this section may be required to forfeit not more
22than $500 for each violation. If the court determines that the accused has realized
23economic gain as a result of the violation, the court may, in addition, order the
24accused to forfeit the amount gained as a result of the violation. The attorney
25general, when so requested by the government accountability board, shall institute
1proceedings to recover any forfeiture incurred under this subsection that is not paid
2by the person against whom it is assessed.
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(b) Any person who intentionally violates this section shall be fined not less
4than $100 nor more than $5,000 or imprisoned not more than one year in the county
5jail or both.
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6636.82 Conflict of interest prohibited; exception. (1) Except in
7accordance with the government accountability board's advice under s. 5.05 (6a) and
8except as otherwise provided in sub. (2), a member of the board and the executive
9director may not do any of the following:
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(a) Take any official action substantially affecting a matter in which the board
11member or executive director, a member of his or her immediate family, or an
12organization with which the board member or director is associated has a substantial
13financial interest.
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(b) Use his or her office or position in a way that produces or assists in the
15production of a substantial benefit, direct or indirect, for the board member or
16executive director, one or more members of his or her immediate family either
17separately or together, or an organization with which the board member or executive
18director is associated.
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19(2) This section does not prohibit a board member or the executive director from
20taking any action concerning the lawful payment of salaries or employee benefits or
21reimbursement of actual and necessary expenses.
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22(3) (a) Any person who violates this section may be required to forfeit not more
23than $5,000 for each violation. If the court determines that the accused has realized
24economic gain as a result of the violation, the court may, in addition, order the
25accused to forfeit the amount gained as a result of the violation. The attorney
1general, when so requested by the government accountability board, shall institute
2proceedings to recover any forfeiture incurred under this subsection that is not paid
3by the person against whom it is assessed.
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(b) Any person who intentionally violates this section shall be fined not less
5than $100 nor more than $5,000 or imprisoned not more than one year in the county
6jail or both.
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7636.84 Liability; expenses; limitations. (1) Neither the state, nor any
8political subdivision of the state, nor any officer, employee, or agent of the state or
9a political subdivision who is acting within the scope of employment or agency is
10liable for any debt, obligation, act, or omission of the authority.
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11(2) All of the expenses incurred by the authority in exercising its duties and
12powers under this chapter shall be payable only from funds of the authority.
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13(3) A cause of action may arise against and civil liability may be imposed on
14the authority for its acts or omissions or for any act or omission of a member of the
15board, the executive director, or an employee of the authority in the performance of
16his or her powers and duties under this chapter.
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17(4) A cause of action may not arise against and civil liability may not be imposed
18on a member of the board, the executive director, or an employee of the authority for
19any act or omission in the performance of his or her powers and duties under this
20chapter, unless the person asserting liability proves that the act or omission
21constitutes willful misconduct or intentional violation of the law. The member of the
22board, executive director, or employee who performed the act or omission that formed
23the basis of liability shall be jointly liable with the authority if that board member,
24executive director, or employee fails to cooperate with the authority in defense of the
25claim and if the failure to cooperate affects the defense of the action.
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1(5) The amount recoverable by any person for any damages, injuries, or death
2in any civil action or civil proceeding against the authority, including any such action
3or proceeding based on contribution or indemnification, shall not exceed $100,000.
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4Section
49.
Effective dates. This act takes effect on the day after publication,
5except as follows:
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(1) The repeal and recreation of section 230.03 (3) of the statutes takes effect
7on July 1, 2015, or on the day after publication, whichever is later.
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(2) The treatment of section 635.18 (1) of the statutes takes effect on January
91, 2016.