AB1171: Bill Text

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.

AB1171,18,4 238.15 Duties of authority. In addition to all other duties imposed under this chapter, the authority shall do all of the following:

AB1171,18,7 (1) Study options for implementing a program to provide reinsurance to groups and individuals in this state for catastrophic claims under group and individual health insurance policies.

AB1171,18,10 (2) No later than November 15, 2006, submit to the secretary of administration a report with its recommendations for implementing a reinsurance program described in par. (a).

AB1171,18,12 (3) Develop and administer a reinsurance program in accordance with any legislation enacted that requires or authorizes the authority to do so.

AB1171, s. 33 Section 33. 285.59 (1) (b) of the statutes is amended to read:

AB1171,18,21 285.59 (1) (b) "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 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, the Fox River Navigational System Authority, and the Wisconsin Health and Educational Facilities Authority, and the Healthy Wisconsin Authority.

AB1171, s. 34 Section 34. Nonstatutory provisions.

AB1171,19,2 (1) Initial terms of board members. Notwithstanding the lengths of terms of the members of the board of directors of the Healthy Wisconsin Authority specified in section 238.05 (1) (intro.) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB1171,19,4 (a) The 4 members specified under section 238.05 (1) (a) to (d) of the statutes, as created by this act, for terms that expire on July 1, 2008.

AB1171,19,6 (b) Four members specified under section 238.05 (1) (e) of the statutes, as created by this act, for terms that expire on July 1, 2009.

AB1171,19,8 (c) Five members specified under section 238.05 (1) (e) of the statutes, as created by this act, for terms that expire on July 1, 2010.

AB1171,19,22 (2) Provisional appointments of board members. Notwithstanding the requirement for senate confirmation of the appointment of the members of the board of directors of the Healthy Wisconsin Authority under section 238.05 (1) (e) of the statutes, as created by this act, the initial members may be provisionally appointed by the governor, subject to confirmation by the senate. Any such appointment shall be in full force until acted upon by the senate, and when confirmed by the senate shall continue for the remainder of the term, or until a successor is chosen and qualifies. A provisional appointee may exercise all of the powers and duties of the office to which such person is appointed during the time in which the appointee qualifies. Any appointment made under this subsection that is withdrawn or rejected by the senate shall lapse. When a provisional appointment lapses, a vacancy occurs. Whenever a new legislature is organized, any appointments then pending before the senate shall be referred by the president to the appropriate standing committee of the newly organized senate.

AB1171,19,23 (End)