SB707,7,1510
16.045
(1) (a) "Agency" means an office, department, independent agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
15ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SB707,7,2218
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
19excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
20River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
21Small Business Health Options Program Authority, and the Health Insurance
22Risk-Sharing Plan Authority.
SB707,8,3
116.41
(4) In this section, "authority" means a body created under subch. II of
2ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or under ch. 52, 231, 233, 234,
3237, or 279.
SB707, s. 14
4Section
14. 16.417 (1) (a) of the statutes is amended to read:
SB707,8,105
16.417
(1) (a) "Agency" means an office, department, independent agency,
6institution of higher education, association, society, or other body in state
7government created or authorized to be created by the constitution or any law, that
8is entitled to expend moneys appropriated by law, including the legislature and the
9courts, but not including an authority or the body created under subch. III of ch. 149
10or subch. III of ch. 635.
SB707,8,2313
16.52
(7) Petty cash account. With the approval of the secretary, each agency
14that is authorized to maintain a contingent fund under s. 20.920 may establish a
15petty cash account from its contingent fund. The procedure for operation and
16maintenance of petty cash accounts and the character of expenditures therefrom
17shall be prescribed by the secretary. In this subsection, "agency" means an office,
18department, independent agency, institution of higher education, association,
19society, or other body in state government created or authorized to be created by the
20constitution or any law, that is entitled to expend moneys appropriated by law,
21including the legislature and the courts, but not including an authority created in
22subch. II of ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or in ch. 52, 231,
23233, 234, 237, or 279.
SB707,9,6
116.528
(1) (a) "Agency" means an office, department, independent agency,
2institution of higher education, association, society, or other body in state
3government created or authorized to be created by the constitution or any law, that
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
6ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,9,179
16.53
(2) Improper invoices. If an agency receives an improperly completed
10invoice, the agency shall notify the sender of the invoice within 10 working days after
11it receives the invoice of the reason it is improperly completed. In this subsection,
12"agency" means an office, department, independent agency, institution of higher
13education, association, society, or other body in state government created or
14authorized to be created by the constitution or any law, that is entitled to expend
15moneys appropriated by law, including the legislature and the courts, but not
16including an authority created in subch. II of ch. 114
or
, subch. III of ch. 149
, or subch.
17III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,9,2520
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
21institution of higher education, association, society or other body in state
22government created or authorized to be created by the constitution or any law, which
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
25ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,10,53
16.70
(2) "Authority" means a body created under subch. II of ch. 114
or, subch.
4III of ch. 149
, or subch. III of ch. 635 or under ch. 52, 231, 232, 233, 234, 235, 237, or
5279.
SB707, s. 20
6Section
20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
SB707,10,177
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
8department and any other designated purchasing agent under s. 16.71 (1) shall
9incorporate requirements for the purchase of products made from recycled materials
10and recovered materials if their use is technically and economically feasible. Each
11authority other than the University of Wisconsin Hospitals and Clinics Authority,
12the Lower Fox River Remediation Authority,
the Small Business Health Options
13Program Authority, and the Health Insurance Risk-Sharing Plan Authority, in
14writing specifications for purchasing by the authority, shall incorporate
15requirements for the purchase of products made from recycled materials and
16recovered materials if their use is technically and economically feasible. The
17specifications shall include requirements for the purchase of the following materials:
SB707, s. 21
18Section
21. 16.72 (2) (f) of the statutes is amended to read:
SB707,11,419
16.72
(2) (f) In writing specifications under this subsection, the department,
20any other designated purchasing agent under s. 16.71 (1), and each authority other
21than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
22River Remediation Authority,
the Small Business Health Options Program
23Authority, and the Health Insurance Risk-Sharing Plan Authority shall incorporate
24requirements relating to the recyclability and ultimate disposition of products and,
25wherever possible, shall write the specifications so as to minimize the amount of solid
1waste generated by the state, consistent with the priorities established under s.
2287.05 (12). All specifications under this subsection shall discourage the purchase
3of single-use, disposable products and require, whenever practical, the purchase of
4multiple-use, durable products.
SB707, s. 22
5Section
22. 16.75 (1m) of the statutes is amended to read:
SB707,11,206
16.75
(1m) The department shall award each order or contract for materials,
7supplies or equipment on the basis of life cycle cost estimates, whenever such action
8is appropriate. Each authority other than the University of Wisconsin Hospitals and
9Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin
10Aerospace Authority,
the Small Business Health Options Program Authority, and
11the Health Insurance Risk-Sharing Plan Authority shall award each order or
12contract for materials, supplies or equipment on the basis of life cycle cost estimates,
13whenever such action is appropriate. The terms, conditions and evaluation criteria
14to be applied shall be incorporated in the solicitation of bids or proposals. The life
15cycle cost formula may include, but is not limited to, the applicable costs of energy
16efficiency, acquisition and conversion, money, transportation, warehousing and
17distribution, training, operation and maintenance and disposition or resale. The
18department shall prepare documents containing technical guidance for the
19development and use of life cycle cost estimates, and shall make the documents
20available to local governmental units.
SB707, s. 23
21Section
23. 16.75 (8) (a) 1. of the statutes is amended to read:
SB707,12,422
16.75
(8) (a) 1. The department, any other designated purchasing agent under
23s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
24than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
25River Remediation Authority,
the Small Business Health Options Program
1Authority, and the Health Insurance Risk-Sharing Plan Authority shall, to the
2extent practicable, make purchasing selections using specifications developed under
3s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
4recovered materials.
SB707, s. 24
5Section
24. 16.75 (8) (a) 2. of the statutes is amended to read:
SB707,12,126
16.75
(8) (a) 2. Each agency and authority other than the University of
7Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation
8Authority,
the Small Business Health Options Program Authority, and the Health
9Insurance Risk-Sharing Plan Authority shall ensure that the average recycled or
10recovered content of all paper purchased by the agency or authority measured as a
11proportion, by weight, of the fiber content of paper products purchased in a fiscal
12year, is not less than 40% of all purchased paper.
SB707, s. 25
13Section
25. 16.75 (9) of the statutes is amended to read:
SB707,12,1914
16.75
(9) The department, any other designated purchasing agent under s.
1516.71 (1), any agency making purchases under s. 16.74, and any authority other than
16the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River
17Remediation Authority,
the Small Business Health Options Program Authority, and
18the Health Insurance Risk-Sharing Plan Authority shall, to the extent practicable,
19make purchasing selections using specifications prepared under s. 16.72 (2) (f).
SB707,13,822
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
23Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
24Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
25Business Health Options Program Authority, the Lower Fox River Remediation
1Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
2Sports and Entertainment Corporation shall include in all contracts executed by
3them a provision obligating the contractor not to discriminate against any employee
4or applicant for employment because of age, race, religion, color, handicap, sex,
5physical condition, developmental disability as defined in s. 51.01 (5), sexual
6orientation as defined in s. 111.32 (13m), or national origin and, except with respect
7to sexual orientation, obligating the contractor to take affirmative action to ensure
8equal employment opportunities.
SB707,14,311
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
14Business Health Options Program Authority, the Lower Fox River Remediation
15Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
16Sports and Entertainment Corporation shall include the following provision in every
17contract executed by them: "In connection with the performance of work under this
18contract, the contractor agrees not to discriminate against any employee or applicant
19for employment because of age, race, religion, color, handicap, sex, physical
20condition, developmental disability as defined in s. 51.01 (5), sexual orientation or
21national origin. This provision shall include, but not be limited to, the following:
22employment, upgrading, demotion or transfer; recruitment or recruitment
23advertising; layoff or termination; rates of pay or other forms of compensation; and
24selection for training, including apprenticeship. Except with respect to sexual
25orientation, the contractor further agrees to take affirmative action to ensure equal
1employment opportunities. The contractor agrees to post in conspicuous places,
2available for employees and applicants for employment, notices to be provided by the
3contracting officer setting forth the provisions of the nondiscrimination clause".
SB707,14,126
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
9Business Health Options Program Authority, the Lower Fox River Remediation
10Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
11Sports and Entertainment Corporation shall take appropriate action to revise the
12standard government contract forms under this section.
SB707,15,715
16.765
(5) The head of each contracting agency and the boards of directors of
16the University of Wisconsin Hospitals and Clinics Authority, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Health
18Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
19Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
20Quality Home Care Authority, and the Bradley Center Sports and Entertainment
21Corporation shall be primarily responsible for obtaining compliance by any
22contractor with the nondiscrimination and affirmative action provisions prescribed
23by this section, according to procedures recommended by the department. The
24department shall make recommendations to the contracting agencies and the boards
25of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
1River Navigational System Authority, the Wisconsin Aerospace Authority, the
2Health Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
3Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
4Quality Home Care Authority, and the Bradley Center Sports and Entertainment
5Corporation for improving and making more effective the nondiscrimination and
6affirmative action provisions of contracts. The department shall promulgate such
7rules as may be necessary for the performance of its functions under this section.
SB707,15,1910
16.765
(6) The department may receive complaints of alleged violations of the
11nondiscrimination provisions of such contracts. The department shall investigate
12and determine whether a violation of this section has occurred. The department may
13delegate this authority to the contracting agency, the University of Wisconsin
14Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
15Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
16the Small Business Health Options Program Authority, the Lower Fox River
17Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley
18Center Sports and Entertainment Corporation for processing in accordance with the
19department's procedures.
SB707,16,822
16.765
(7) (intro.) When a violation of this section has been determined by the
23department, the contracting agency, the University of Wisconsin Hospitals and
24Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
25Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
1Business Health Options Program Authority, the Lower Fox River Remediation
2Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports
3and Entertainment Corporation, the contracting agency, the University of Wisconsin
4Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
5Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
6the Small Business Health Options Program Authority, the Lower Fox River
7Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley
8Center Sports and Entertainment Corporation shall:
SB707,16,1811
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
12further violations of this section and to report its corrective action to the contracting
13agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
14Navigational System Authority, the Wisconsin Aerospace Authority, the Health
15Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
16Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
17Quality Home Care Authority, or the Bradley Center Sports and Entertainment
18Corporation.
SB707,17,1521
16.765
(8) If further violations of this section are committed during the term
22of the contract, the contracting agency, the Fox River Navigational System Authority,
23the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
24Authority,
the Small Business Health Options Program Authority, the Lower Fox
25River Remediation Authority, the Wisconsin Quality Home Care Authority, or the
1Bradley Center Sports and Entertainment Corporation may permit the violating
2party to complete the contract, after complying with this section, but thereafter the
3contracting agency, the Fox River Navigational System Authority, the Wisconsin
4Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
5Business Health Options Program Authority, the Lower Fox River Remediation
6Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports
7and Entertainment Corporation shall request the department to place the name of
8the party on the ineligible list for state contracts, or the contracting agency, the Fox
9River Navigational System Authority, the Wisconsin Aerospace Authority, the
10Health Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
11Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
12Quality Home Care Authority, or the Bradley Center Sports and Entertainment
13Corporation may terminate the contract without liability for the uncompleted
14portion or any materials or services purchased or paid for by the contracting party
15for use in completing the contract.
SB707,18,318
16.85
(2) To furnish engineering, architectural, project management, and other
19building construction services whenever requisitions therefor are presented to the
20department by any agency. The department may deposit moneys received from the
21provision of these services in the account under s. 20.505 (1) (kc) or in the general
22fund as general purpose revenue — earned. In this subsection, "agency" means an
23office, department, independent agency, institution of higher education, association,
24society, or other body in state government created or authorized to be created by the
25constitution or any law, which is entitled to expend moneys appropriated by law,
1including the legislature and the courts, but not including an authority created in
2subch. II of ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or in ch. 52, 231,
3233, 234, 237, or 279.
SB707,18,206
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
7proportionate share of the estimated costs attributable to programs administered by
8the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
9may charge premiums to agencies to finance costs under this subsection and pay the
10costs from the appropriation on an actual basis. The department shall deposit all
11collections under this subsection in the appropriation account under s. 20.505 (2) (k).
12Costs assessed under this subsection may include judgments, investigative and
13adjustment fees, data processing and staff support costs, program administration
14costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
15subsection, "agency" means an office, department, independent agency, institution
16of higher education, association, society, or other body in state government created
17or authorized to be created by the constitution or any law, that is entitled to expend
18moneys appropriated by law, including the legislature and the courts, but not
19including an authority created in subch. II of ch. 114
or
, subch. III of ch. 149
, or subch.
20III of ch. 635 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SB707, s. 36
21Section
36. 25.50 (1) (d) of the statutes is amended to read:
SB707,19,622
25.50
(1) (d) "Local government" means any county, town, village, city, power
23district, sewerage district, drainage district, town sanitary district, public inland
24lake protection and rehabilitation district, local professional baseball park district
25created under subch. III of ch. 229, long-term care district under s. 46.2895, local
1professional football stadium district created under subch. IV of ch. 229, local
2cultural arts district created under subch. V of ch. 229, public library system, school
3district or technical college district in this state, any commission, committee, board
4or officer of any governmental subdivision of this state, any court of this state, other
5than the court of appeals or the supreme court, or any authority created under s.
6114.61, 149.41, 231.02, 233.02
or, 234.02
, or 635.70.
SB707, s. 37
7Section
37. 40.02 (54) (m) of the statutes is created to read:
SB707,19,88
40.02
(54) (m) The Small Business Health Options Program Authority.
SB707, s. 38
9Section
38. 70.11 (41c) of the statutes is created to read:
SB707,19,1210
70.11
(41c) Small Business Health Options Program Authority. All property
11owned by the Small Business Health Options Program Authority, provided that the
12use of the property is primarily related to the purposes of the authority.
SB707,19,1915
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
16Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
17Authority,
of the Small Business Health Options Program Authority, of the
18Wisconsin Quality Home Care Authority, of the Fox River Navigational System
19Authority, and of the Wisconsin Aerospace Authority.
SB707,20,222
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
23Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
24Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
1Program Authority, the Wisconsin Quality Home Care Authority, and the Fox River
2Navigational System Authority.
SB707, s. 41
3Section
41. 101.055 (2) (a) of the statutes is amended to read:
SB707,20,84
101.055
(2) (a) "Agency" means an office, department, independent agency,
5authority, institution, association, society, or other body in state government created
6or authorized to be created by the constitution or any law, and includes the
7legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan
8Authority
and the Small Business Health Options Program Authority.
SB707,20,2111
101.177
(1) (d) "State agency" means any office, department, agency,
12institution of higher education, association, society, or other body in state
13government created or authorized to be created by the constitution or any law, that
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, the Wisconsin Housing and Economic Development Authority, the Bradley
16Center Sports and Entertainment Corporation, the University of Wisconsin
17Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
18Quality Home Care Authority, and the Wisconsin Health and Educational Facilities
19Authority, but excluding the Health Insurance Risk-Sharing Plan Authority
, the
20Small Business Health Options Program Authority, and the Lower Fox River
21Remediation Authority.
SB707,21,824
230.03
(3) "Agency" means any board, commission, committee, council, or
25department in state government or a unit thereof created by the constitution or
1statutes if such board, commission, committee, council, department, unit, or the
2head thereof, is authorized to appoint subordinate staff by the constitution or
3statute, except a legislative or judicial board, commission, committee, council,
4department, or unit thereof or an authority created under subch. II of ch. 114
or, 5subch. III of ch. 149
, or subch. III of ch. 635 or under ch. 52, 231, 232, 233, 234, 235,
6237, or 279. "Agency" does not mean any local unit of government or body within one
7or more local units of government that is created by law or by action of one or more
8local units of government.
SB707, s. 44
9Section
44. 230.80 (4) of the statutes is amended to read:
SB707,21,1710
230.80
(4) "Governmental unit" means any association, authority, board,
11commission, department, independent agency, institution, office, society, or other
12body in state government created or authorized to be created by the constitution or
13any law, including the legislature, the office of the governor, and the courts, but
14excluding the Health Insurance Risk-Sharing Plan Authority
and the Small
15Business Health Options Program Authority. "Governmental unit" does not mean
16any political subdivision of the state or body within one or more political subdivisions
17that is created by law or by action of one or more political subdivisions.
SB707, s. 45
18Section
45. 230.90 (1) (c) of the statutes is amended to read:
SB707,22,219
230.90
(1) (c) "Governmental unit" means any association, authority, board,
20commission, department, independent agency, institution, office, society or other
21body in state government created or authorized to be created by the constitution or
22any law, including the legislature, the office of the governor and the courts.
23"Governmental unit" does not mean the University of Wisconsin Hospitals and
24Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
25Business Health Options Program Authority, or any political subdivision of the state
1or body within one or more political subdivisions which is created by law or by action
2of one or more political subdivisions.
SB707, s. 46
3Section
46. Subchapter I (title) of chapter 635 [precedes 635.01] of the statutes
4is created to read:
SB707,22,76
Subchapter i
7
General Provisions
SB707, s. 47
8Section
47. 635.02 (1) of the statutes is renumbered 635.02 (1g).
SB707, s. 48
9Section
48. 635.02 (1c) of the statutes is created to read:
SB707,22,1110
635.02
(1c) "Authority" means the Small Business Health Options Program
11Authority.
SB707, s. 49
12Section
49. 635.02 (1o) of the statutes is created to read:
SB707,22,1313
635.02
(1o) "Board" means the board of directors of the authority.
SB707, s. 50
14Section
50. 635.18 (1) of the statutes is amended to read:
SB707,22,1615
635.18
(1) Every Any small employer insurer
shall may actively market health
16benefit plan coverage to small employers in the state.
SB707, s. 51
17Section
51. Subchapter II of chapter 635 [precedes 635.30] of the statutes is
18created to read:
SB707,22,1919
CHAPTER 635
SB707,22,2120
Subchapter II
21
HEALTH BENEFIT PLAN exchange
SB707,22,25
22635.30 Establishment of exchange; plans. (1) Subject to s. 635.45 (4), the
23authority shall establish and, by January 1, 2011, begin operating a health benefit
24plan exchange under which the authority shall enroll eligible groups and individuals
25in health benefit plans offered through the exchange.
SB707,23,6
1(2) (a) The commissioner shall determine the initial plan designs, including
2minimum benefit levels, for the health benefit plans that may be offered through the
3exchange. Thereafter, the authority may modify the plan designs as it determines
4necessary or appropriate. Both the commissioner and the authority, in specifying
5plan designs under this subsection, shall attempt to limit the degree of variation
6among plans and the number of different plan choices for exchange participants.
SB707,23,117
(b) Only health benefit plans that satisfy the requirements under par. (a) and
8that are approved by the authority may be offered by insurers through the exchange.
9Each plan offered through the exchange shall contain a detailed description of the
10benefits provided, including any maximum or minimum amounts, limitations, or
11exclusions.
SB707,23,14
12(3) The authority shall rank the health benefit plans that are offered through
13the exchange according to the benefits provided and place each one into one of the
14following 3 tiers:
SB707,23,1515
(a) A plan with full benefits shall be designated as a "gold" plan.
SB707,23,1716
(b) A plan providing 75 percent of the actuarial value of a "gold" plan shall be
17designated as a "silver" plan.
SB707,23,1918
(c) A plan providing 60 percent of the actuarial value of a "gold" plan shall be
19designated as a "bronze" plan.