Amendment SSA3-AB365

LRBs0448/1

TJD:all

2017 - 2018 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 3, TO ASSEMBLY BILL 365

December 4, 2018 - Offered by Senators Craig and Kapenga.

AB365-SSA3,2,6 An Act to repeal 177.075 (3); to renumber and amend 71.07 (5g) (b), 71.07 (5g) (c) 1., 71.28 (5g) (b), 71.28 (5g) (c) 1., 71.47 (5g) (b), 71.47 (5g) (c) 1., 76.655 (2) and 76.655 (3) (a); to amend 1.12 (1) (b), 13.172 (1), 13.62 (2), 13.95 (intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab), 16.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70 (2), 16.72 (2) (e) (intro.), 16.72 (2) (f), 16.75 (1m), 16.75 (8) (am) and (bm), 16.75 (9), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 25.50 (1) (d), 71.07 (5g) (a), 71.07 (5g) (c) 3., 71.07 (5g) (d) 2., 71.26 (1) (be), 71.28 (5g) (a), 71.28 (5g) (c) 3., 71.28 (5g) (d) 2., 71.47 (5g) (a), 71.47 (5g) (c) 3., 71.47 (5g) (d) 2., 76.655 (1), 76.655 (3) (b), 76.655 (5), 77.54 (9a) (a), 101.055 (2) (a), 230.03 (3), 230.80 (4), 230.90 (1) (c), 601.41 (1), 601.415 (12), 601.64 (1), 601.64 (3) (a), 601.64 (3) (c), 601.64 (4), 632.7495 (4) (c) and 646.01 (1) (a) 2. k.; and to create 13.94 (1) (dj), 13.94 (1s) (c) 2m., 25.17 (63m), 40.02 (54) (n), 71.07 (5g) (b) 2., 71.07 (5g) (c) 1. b., 71.28 (5g) (b) 2., 71.28 (5g) (c) 1. b., 71.47 (5g) (b) 2., 71.47 (5g) (c) 1. b., 76.655 (2) (b), 76.655 (3) (a) 2., 613.03 (5), 631.20 (1) (c) 5m., 631.20 (2) (g), 631.36 (7) (c), 632.784 and chapter 656 of the statutes; relating to: the Health Insurance Risk-Sharing Plan Authority, short-term health insurance, and requiring the exercise of rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB365-SSA3,1 Section 1. 1.12 (1) (b) of the statutes is amended to read:

AB365-SSA3,2,13 1.12 (1) (b) “State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan Authority and the Wisconsin Economic Development Corporation.

AB365-SSA3,2 Section 2. 13.172 (1) of the statutes is amended to read:

AB365-SSA3,2,20 13.172 (1) In this section, “agency" means an 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, and any authority created in subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 238, or 279.

AB365-SSA3,3 Section 3. 13.62 (2) of the statutes is amended to read:

AB365-SSA3,3,3 13.62 (2) “Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

AB365-SSA3,4 Section 4. 13.94 (1) (dj) of the statutes is created to read:

AB365-SSA3,3,7 13.94 (1) (dj) Annually, conduct a financial audit of the Health Insurance Risk-Sharing Plan under subch. II of ch. 656 and file copies of each audit report under this paragraph with the distributees specified in par. (b).

AB365-SSA3,5 Section 5. 13.94 (1s) (c) 2m. of the statutes is created to read:

AB365-SSA3,3,10 13.94 (1s) (c) 2m. The Health Insurance Risk-Sharing Plan Authority for the cost of the audit under sub. (1) (dj).

AB365-SSA3,6 Section 6. 13.95 (intro.) of the statutes is amended to read:

AB365-SSA3,3,24 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 Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

AB365-SSA3,7 Section 7. 16.002 (2) of the statutes is amended to read:

AB365-SSA3,4,5 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB365-SSA3,8 Section 8. 16.004 (4) of the statutes is amended to read:

AB365-SSA3,4,12 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. II of ch. 114 and subch. III of ch. 656 and under chs. 231, 233, 234, 237, 238, and 279, 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.

AB365-SSA3,9 Section 9. 16.004 (5) of the statutes is amended to read:

AB365-SSA3,4,18 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 656 and under chs. 231, 233, 234, 237, 238, and 279, 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.

AB365-SSA3,10 Section 10. 16.004 (12) (a) of the statutes is amended to read:

AB365-SSA3,5,2 16.004 (12) (a) In this subsection, “state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB365-SSA3,11 Section 11. 16.045 (1) (a) of the statutes is amended to read:

AB365-SSA3,5,9 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB365-SSA3,12 Section 12. 16.15 (1) (ab) of the statutes is amended to read:

AB365-SSA3,5,14 16.15 (1) (ab) “Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Wisconsin Economic Development Corporation.

AB365-SSA3,13 Section 13. 16.41 (4) of the statutes is amended to read:

AB365-SSA3,5,17 16.41 (4) In this section, “authority" means a body created under subch. II of ch. 114 or subch. III of ch. 656 or under ch. 231, 233, 234, 237, 238, or 279.

AB365-SSA3,14 Section 14. 16.417 (1) (a) of the statutes is amended to read:

AB365-SSA3,5,23 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 a body created under subch. III of ch. 656.

AB365-SSA3,15 Section 15. 16.52 (7) of the statutes is amended to read:

AB365-SSA3,6,10 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.

AB365-SSA3,16 Section 16. 16.528 (1) (a) of the statutes is amended to read:

AB365-SSA3,6,17 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.

AB365-SSA3,17 Section 17. 16.53 (2) of the statutes is amended to read:

AB365-SSA3,7,2 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.

AB365-SSA3,18 Section 18. 16.54 (9) (a) 1. of the statutes is amended to read:

AB365-SSA3,7,9 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. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.

AB365-SSA3,19 Section 19. 16.70 (2) of the statutes is amended to read:

AB365-SSA3,7,12 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 656 or under ch. 231, 232, 233, 234, 237, or 279.

AB365-SSA3,20 Section 20. 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB365-SSA3,7,24 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, and the Lower Fox River Remediation Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:

AB365-SSA3,21 Section 21. 16.72 (2) (f) of the statutes is amended to read:

AB365-SSA3,8,10 16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1), and each authority other than the University of Wisconsin Hospitals and Clinics Authority , the Health Insurance Risk-Sharing Plan Authority, and the Lower Fox River Remediation Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 287.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

AB365-SSA3,22 Section 22. 16.75 (1m) of the statutes is amended to read:

AB365-SSA3,8,25 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

AB365-SSA3,23 Section 23. 16.75 (8) (am) and (bm) of the statutes are amended to read:

AB365-SSA3,9,8 16.75 (8) (am) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other than the University of Wisconsin Hospitals and Clinics Authority , the Health Insurance Risk-Sharing Plan Authority, and the Lower Fox River Remediation Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.

AB365-SSA3,9,14 (bm) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, and the Lower Fox River Remediation Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a fiscal year, is not less than 40 percent of all purchased paper.

AB365-SSA3,24 Section 24. 16.75 (9) of the statutes is amended to read:

AB365-SSA3,9,21 16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority other than the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, and the Lower Fox River Remediation Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

AB365-SSA3,25 Section 25. 16.765 (1) of the statutes is amended to read:

AB365-SSA3,9,25 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

AB365-SSA3,26 Section 26. 16.765 (2) of the statutes is amended to read:

AB365-SSA3,11,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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".

AB365-SSA3,27 Section 27. 16.765 (4) of the statutes is amended to read:

AB365-SSA3,11,9 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

AB365-SSA3,28 Section 28. 16.765 (5) of the statutes is amended to read:

AB365-SSA3,12,2 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

AB365-SSA3,29 Section 29. 16.765 (6) of the statutes is amended to read:

AB365-SSA3,12,12 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 Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB365-SSA3,30 Section 30. 16.765 (7) (intro.) of the statutes is amended to read:

AB365-SSA3,12,24 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 Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB365-SSA3,31 Section 31. 16.765 (7) (d) of the statutes is amended to read:

AB365-SSA3,13,7 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 Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.