SB273,42,1717 (b) A health economist.
SB273,42,1818 (c) An employee benefits specialist.
SB273,42,1919 (d) A representative of small employers.
SB273,42,2020 (e) A representative of an organization that represents consumer interests.
SB273,42,2121 (f) A representative of organized labor.
SB273,42,2222 (g) An individual with experience in health care administration.
SB273,43,2 23(2) No member of the board appointed under sub. (1) (a) to (g) may be a health
24care provider, as defined in s. 146.81 (1) (a) to (hp); an employee of a health care

1provider, as defined in s. 146.81 (1) (i) to (p); an employee of an insurer that is
2authorized to do business in the state; or an insurance intermediary.
SB273,43,4 3(3) A vacancy on the board shall be filled in the same manner as the original
4appointment to the board for the remainder of the unexpired term, if any.
SB273,43,7 5(4) A member of the board shall receive no compensation for services under this
6chapter but shall be reimbursed for actual and necessary expenses, including travel
7expenses, incurred in the discharge of the member's duties under this chapter.
SB273,43,12 8(5) The commissioner or the commissioner's designee shall be the chairperson
9of the board. Seven members of the board constitute a quorum for the purpose of
10conducting the business and exercising the powers of the authority, notwithstanding
11the existence of any vacancy. The board may take action upon a vote of a majority
12of the members present, unless the bylaws of the authority require a larger number.
SB273,43,24 13(6) The board shall appoint an executive director who shall not be a member
14of the board and who shall serve at the pleasure of the board. The executive director
15shall receive compensation commensurate with the duties of the office, as
16determined by the board. The executive director shall serve as secretary of the
17authority and shall keep a record of the proceedings of the authority and shall be
18custodian of all books, documents, and papers filed with the authority, the minute
19book or journal of the authority, and its official seal. The executive director or other
20person may cause copies to be made of all minutes and other records and documents
21of the authority and may give certificates under the official seal of the authority to
22the effect that such copies are true copies, and all persons dealing with the authority
23may rely upon such certificates. The executive director shall have all of the following
24duties:
SB273,44,2
1(a) Supervising the administrative affairs and the general management and
2operation of the authority.
SB273,44,43 (b) Planning, directing, coordinating, and executing administrative functions
4in conformity with the policies and directives of the board.
SB273,44,55 (c) Employing professional and clerical staff, as necessary.
SB273,44,76 (d) Reporting to the board on all operations under his or her control and
7supervision.
SB273,44,98 (e) Preparing an annual budget and managing the administrative expenses of
9the authority.
SB273,44,1110 (f) Undertaking any activities necessary to implement the powers and duties
11set forth in this chapter.
SB273,44,13 12636.72 Authority duties. In addition to all other duties imposed under this
13chapter, the authority shall do all of the following:
SB273,44,14 14(1) Establish its annual budget and monitor its fiscal management.
SB273,44,18 15(2) No later than two years after an exchange under subch. II begins operation,
16and annually thereafter, submit a report to the legislature under s. 13.172 (2) and
17to the governor on the operation of any exchange under subch. II, including a review
18of all of the following:
SB273,44,1919 (a) Progress toward the goals of the exchange.
SB273,44,2020 (b) The operations and administration of the exchange.
SB273,44,2221 (c) The types of health insurance plans available to eligible individuals and
22groups and the percentage of the total exchange enrollees served by each plan.
SB273,44,2523 (d) Surveys and reports on the insurers' experiences with different plans,
24including aggregated data on enrollees, claims, statistics, complaint data, and
25enrollee satisfaction data.
SB273,45,2
1(e) Significant observations regarding utilization and adoption of the
2exchange.
SB273,45,4 3(3) Annually submit to the governor and the legislative audit bureau a
4statement of its activities and financial condition.
SB273,45,6 5(4) Approve the use of any trademarks, seals, or logos by participating insurers
6and small employers.
SB273,45,8 7(5) Comply with the requirements of s. 16.413 as if the authority is a state
8agency.
SB273,45,12 9636.74 Authority powers. The authority has all of the powers necessary or
10convenient to carry out its duties under this chapter, except that it may not acquire
11or hold title to real estate or issue bonds. In addition, the authority may do any of
12the following:
SB273,45,14 13(1) Adopt bylaws and policies and procedures for the regulation of its affairs
14and the conduct of its business.
SB273,45,16 15(2) Have a seal and alter the seal at pleasure; have perpetual existence; and
16maintain an office.
SB273,45,17 17(3) Hire employees, define their duties, and fix their rate of compensation.
SB273,45,19 18(4) Delegate by resolution to one or more of its members any powers and duties
19that it considers proper.
SB273,45,20 20(5) Incur debt.
SB273,45,24 21(6) Appoint any technical or professional advisory committee that the
22authority finds necessary to assist the authority in exercising its duties and powers.
23If the authority appoints a committee, the authority shall define the duties of the
24committee and provide reimbursement for the expenses of the committee.
SB273,46,2
1(7) Accept gifts, grants, loans, or other contributions from private or public
2sources.
SB273,46,3 3(8) Procure liability insurance.
SB273,46,4 4(9) Sue and be sued in its own name and plead and be impleaded.
SB273,46,7 5(10) Execute contracts and other instruments, including contracts for
6professional or technical services required for the authority or the operation of an
7exchange under subch. II.
SB273,46,12 8636.76 Contracting for professional services. (1) Whenever contracting
9for professional services, the authority shall solicit competitive sealed bids or
10competitive sealed proposals, whichever is appropriate. Each request for
11competitive sealed proposals shall state the relative importance of price and other
12evaluation factors.
SB273,46,20 13(2) (a) When the estimated cost exceeds $25,000, the authority may invite
14competitive sealed bids or proposals by publishing a class 2 notice under ch. 985 or
15by posting notice on the Internet at a site determined or approved by the authority.
16The notice shall describe the contractual services to be purchased, the intent to make
17the procurement by solicitation of bids or proposals, any requirement for surety, and
18the date the bids or proposals will be opened, which shall be at least 7 days after the
19date of the last insertion of the notice or at least 7 days after the date of posting on
20the Internet.
SB273,46,2321 (b) When the estimated cost is $25,000 or less, the authority may award the
22contract in accordance with simplified procedures established by the authority for
23such transactions.
SB273,47,224 (c) For purposes of clarification, the authority may discuss the requirements
25of the proposed contract with any person who submits a bid or proposal and shall

1permit any offerer to revise his or her bid or proposal to ensure its responsiveness to
2those requirements.
SB273,47,10 3(3) (a) The authority shall determine which bids or proposals are reasonably
4likely to be awarded the contract and shall provide each offerer of such a bid or
5proposal a fair and equal opportunity to discuss the bid or proposal. The authority
6may negotiate with each offerer in order to obtain terms that are advantageous to
7the authority. Prior to the award of the contract, any offerer may revise his or her
8bid or proposal. The authority shall keep a written record of all meetings,
9conferences, oral presentations, discussions, negotiations, and evaluations of bids or
10proposals under this section.
SB273,47,1311 (b) In opening, discussing, and negotiating bids or proposals, the authority may
12not disclose any information that would reveal the terms of a competing bid or
13proposal.
SB273,47,19 14(4) (a) After receiving each offerer's best and final offer, the authority shall
15determine which proposal is most advantageous and shall award the contract to the
16person who offered it. The authority's determination shall be based only on price and
17the other evaluation factors specified in the request for bids or proposals. The
18authority shall state in writing the reason for the award and shall place the
19statement in the contract file.
SB273,47,2120 (b) Following the award of the contract, the authority shall prepare a register
21of all bids or proposals.
SB273,48,6 22636.78 Political activities. (1) No employee of the authority may directly
23or indirectly solicit or receive subscriptions or contributions for any partisan political
24party or any political purpose while engaged in his or her official duties as an
25employee. No employee of the authority may engage in any form of political activity

1calculated to favor or improve the chances of any political party or any person seeking
2or attempting to hold partisan political office while engaged in his or her official
3duties as an employee or engage in any political activity while not engaged in his or
4her official duties as an employee to such an extent that the person's efficiency during
5working hours will be impaired or that he or she will be tardy or absent from work.
6Any violation of this section is adequate grounds for dismissal.
SB273,48,10 7(2) If an employee of the authority declares an intention to run for partisan
8political office, the employee shall be placed on a leave of absence for the duration
9of the election campaign and if elected shall no longer be employed by the authority
10on assuming the duties and responsibilities of such office.
SB273,48,12 11(3) An employee of the authority may be granted, by the executive director, a
12leave of absence to participate in partisan political campaigning.
SB273,48,15 13(4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the
14restrictions of sub. (1), except as they apply to the solicitation of assistance,
15subscription, or support from any other employee in the authority.
SB273,48,18 16636.80 Financial disclosure. (1) In this section, "individual required to file"
17means a person who is a member of the board of the authority or the executive
18director of the authority.
SB273,48,23 19(2) Each individual who in January of any year is an individual required to file
20shall file with the government accountability board no later than April 30 of that year
21a statement of economic interests meeting each of the requirements of s. 19.44 (1).
22The information contained on the statement shall be current as of December 31 of
23the preceding year.
SB273,49,5 24(3) An individual required to file shall file with the government accountability
25board a statement of economic interests meeting each of the requirements of s. 19.44

1(1) no later than 21 days following the date he or she assumes a position on the board
2or the position of executive director if the individual required to file has not
3previously filed a statement of economic interests with the government
4accountability board during that year. The information on the statement shall be
5current as per the date he or she assumes the position.
SB273,49,14 6(4) If an individual required to file fails to make a timely filing, the government
7accountability board shall promptly provide notice of the delinquency to the
8secretary of administration, and to the executive director of the authority, or the
9chairperson of the board if the executive director's filing is untimely. Upon such
10notification, both the secretary of administration and the executive director, or
11chairperson, shall withhold all payments for compensation, reimbursement of
12expenses, and other obligations to the individual until the government
13accountability board notifies those to whom notice of the delinquency was provided
14that the individual has complied with this section.
SB273,49,22 15(5) On its own motion or at the request of any individual required to file a
16statement of economic interests, the government accountability board may extend
17the time for filing or waive any filing requirement if the government accountability
18board determines that the literal application of the filing requirements of this
19subchapter would work an unreasonable hardship on that individual or that the
20extension of the time for filing or waiver is in the public interest. The government
21accountability board shall set forth in writing as a matter of public record its reason
22for the extension or waiver.
SB273,50,4 23(6) (a) Any person who violates this section may be required to forfeit not more
24than $500 for each violation. If the court determines that the accused has realized
25economic gain as a result of the violation, the court may, in addition, order the

1accused to forfeit the amount gained as a result of the violation. The attorney
2general, when so requested by the government accountability board, shall institute
3proceedings to recover any forfeiture incurred under this subsection that is not paid
4by the person against whom it is assessed.
SB273,50,75 (b) Any person who intentionally violates this section shall be fined not less
6than $100 nor more than $5,000 or imprisoned not more than one year in the county
7jail or both.
SB273,50,11 8636.82 Conflict of interest prohibited; exception. (1) Except in
9accordance with the government accountability board's advice under s. 5.05 (6a) and
10except as otherwise provided in sub. (2), a member of the board and the executive
11director may not do any of the following:
SB273,50,1512 (a) Take any official action substantially affecting a matter in which the board
13member or executive director, a member of his or her immediate family, or an
14organization with which the board member or director is associated has a substantial
15financial interest.
SB273,50,2016 (b) Use his or her office or position in a way that produces or assists in the
17production of a substantial benefit, direct or indirect, for the board member or
18executive director, one or more members of his or her immediate family either
19separately or together, or an organization with which the board member or executive
20director is associated.
SB273,50,23 21(2) This section does not prohibit a board member or the executive director from
22taking any action concerning the lawful payment of salaries or employee benefits or
23reimbursement of actual and necessary expenses.
SB273,51,5 24(3) (a) Any person who violates this section may be required to forfeit not more
25than $5,000 for each violation. If the court determines that the accused has realized

1economic gain as a result of the violation, the court may, in addition, order the
2accused to forfeit the amount gained as a result of the violation. The attorney
3general, when so requested by the government accountability board, shall institute
4proceedings to recover any forfeiture incurred under this subsection that is not paid
5by the person against whom it is assessed.
SB273,51,86 (b) Any person who intentionally violates this section shall be fined not less
7than $100 nor more than $5,000 or imprisoned not more than one year in the county
8jail or both.
SB273,51,12 9636.84 Liability; expenses; limitations. (1) Neither the state, nor any
10political subdivision of the state, nor any officer, employee, or agent of the state or
11a political subdivision who is acting within the scope of employment or agency is
12liable for any debt, obligation, act, or omission of the authority.
SB273,51,14 13(2) All of the expenses incurred by the authority in exercising its duties and
14powers under this chapter shall be payable only from funds of the authority.
SB273,51,18 15(3) A cause of action may arise against and civil liability may be imposed on
16the authority for its acts or omissions or for any act or omission of a member of the
17board, the executive director, or an employee of the authority in the performance of
18his or her powers and duties under this chapter.
SB273,52,2 19(4) A cause of action may not arise against and civil liability may not be imposed
20on a member of the board, the executive director, or an employee of the authority for
21any act or omission in the performance of his or her powers and duties under this
22chapter, unless the person asserting liability proves that the act or omission
23constitutes willful misconduct or intentional violation of the law. The member of the
24board, executive director, or employee who performed the act or omission that formed
25the basis of liability shall be jointly liable with the authority if that board member,

1executive director, or employee fails to cooperate with the authority in defense of the
2claim and if the failure to cooperate affects the defense of the action.
SB273,52,5 3(5) The amount recoverable by any person for any damages, injuries, or death
4in any civil action or civil proceeding against the authority, including any such action
5or proceeding based on contribution or indemnification, shall not exceed $100,000.
SB273, s. 50 6Section 50. Effective dates. This act takes effect on the day after publication,
7except as follows:
SB273,52,98 (1) The repeal and recreation of section 16.417 (1) (a) of the statutes takes effect
9on January 1, 2012, or on the day after publication, whichever is later.
SB273,52,1110 (2) The treatment of section 635.18 (1) of the statutes takes effect on January
111, 2014.
SB273,52,1212 (End)
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