AB445: Bill Text

AB445,9,16 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. 636 or in ch. 231, 233, 234, 237, 238, or 279.

AB445,18 Section 18 . 16.54 (9) (a) 1. of the statutes is amended to read:

AB445,9,23 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. 636 or in ch. 231, 233, 234, 237, 238, or 279.

AB445,19 Section 19 . 16.70 (2) of the statutes is amended to read:

AB445,10,2 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 636 or under ch. 231, 232, 233, 234, 237, or 279.

AB445,20 Section 20 . 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB445,10,13 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 and, the Lower Fox River Remediation Authority, and the Badger Health Benefit 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:

AB445,21 Section 21 . 16.72 (2) (f) of the statutes is amended to read:

AB445,10,24 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 and, the Lower Fox River Remediation Authority, and the Badger Health Benefit 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.

AB445,22 Section 22 . 16.75 (1m) of the statutes is amended to read:

AB445,11,14 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 Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, and the Badger Health Benefit 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.

AB445,23 Section 23 . 16.75 (8) (am) of the statutes is amended to read:

AB445,11,22 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 and, the Lower Fox River Remediation Authority, and the Badger Health Benefit 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.

AB445,24 Section 24 . 16.75 (8) (bm) of the statutes is amended to read:

AB445,12,4 16.75 (8) (bm) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox River Remediation Authority, and the Badger Health Benefit 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.

AB445,25 Section 25 . 16.75 (9) of the statutes is amended to read:

AB445,12,11 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 and, the Lower Fox River Remediation Authority, and the Badger Health Benefit Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

AB445,26 Section 26 . 16.765 (1) of the statutes is amended to read:

AB445,12,23 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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.

AB445,27 Section 27 . 16.765 (2) of the statutes is amended to read:

AB445,13,17 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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".

AB445,28 Section 28 . 16.765 (4) of the statutes is amended to read:

AB445,13,24 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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.

AB445,29 Section 29 . 16.765 (5) of the statutes is amended to read:

AB445,14,17 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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.

AB445,30 Section 30 . 16.765 (6) of the statutes is amended to read:

AB445,15,2 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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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.

AB445,31 Section 31 . 16.765 (7) (intro.) of the statutes is amended to read:

AB445,15,14 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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit 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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB445,32 Section 32 . 16.765 (7) (d) of the statutes is amended to read:

AB445,15,22 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 Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

AB445,33 Section 33 . 16.765 (8) of the statutes is amended to read:

AB445,16,16 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 Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

AB445,34 Section 34 . 16.85 (2) of the statutes is amended to read:

AB445,17,2 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. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 233, 234, 237, 238, or 279.

AB445,35 Section 35 . 16.865 (8) of the statutes is amended to read:

AB445,17,18 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. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB445,36 Section 36 . 25.50 (1) (d) of the statutes is amended to read:

AB445,18,4 25.50 (1) (d) “Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, long-term care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 114.61, 231.02, 233.02, or 234.02, or 636.70.

AB445,37 Section 37 . 40.02 (54) (n) of the statutes is created to read:

AB445,18,6 40.02 (54) (n) The Badger Health Benefit Authority.

AB445,38 Section 38. 49.45 (2) (a) 3. of the statutes is amended to read:

AB445,18,12 49.45 (2) (a) 3. Determine Subject to s. 636.30 (1) (o), determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, 49.47, and 49.471 and rules and policies adopted by the department and may, under a contract under s. 49.78 (2), delegate all, or any portion, of this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.

AB445,39 Section 39 . 70.11 (41c) of the statutes is created to read:

AB445,18,16 70.11 (41c) Badger Health Benefit Authority. All property owned by the Badger Health Benefit Authority, provided that the use of the property is primarily related to the purposes of the authority.

AB445,40 Section 40 . 71.26 (1) (be) of the statutes is amended to read:

AB445,18,21 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Badger Health Benefit Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

AB445,41 Section 41 . 77.54 (9a) (a) of the statutes is amended to read:

AB445,19,2 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB445,42 Section 42 . 101.055 (2) (a) of the statutes is amended to read:

AB445,19,7 101.055 (2) (a) “Agency" means an office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, and includes the legislature and the courts, but excludes the Badger Health Benefit Authority.

AB445,43 Section 43 . 230.03 (3) of the statutes is amended to read:

AB445,19,18 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 636 or under ch. 231, 232, 233, 234, 237, 238, or 279. “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.

AB445,44 Section 44 . 230.80 (4) of the statutes is amended to read:

AB445,20,2 230.80 (4) “Governmental unit" means any association, authority, board, commission, department, 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 Badger Health Benefit Authority. “Governmental unit" does not mean any political subdivision of the state or body within one or more political subdivisions that is created by law or by action of one or more political subdivisions.

AB445,45 Section 45 . 230.90 (1) (c) of the statutes is amended to read:

AB445,20,11 230.90 (1) (c) “Governmental unit" means any association, authority, board, commission, department, 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. “Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the Badger Health Benefit Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB445,46 Section 46 . 635.18 (1) of the statutes is amended to read:

AB445,20,14 635.18 (1) Every Any small employer insurer shall may actively market health benefit plan coverage to small employers in the state.

AB445,47 Section 47. Chapter 636 of the statutes is created to read:

AB445,20,17 chapter 636 health benefit plan exchange

AB445,20,19 subchapter I general provisions

AB445,20,20 636.01 Definitions. In this chapter:

AB445,20,21 (1) “Authority" means the Badger Health Benefit Authority.

AB445,20,24 (2) “Educated health care consumer" means an individual who is knowledgeable about the health care system and who has background or experience in making informed decisions regarding health, medical, and scientific matters.

AB445,21,4 (3) “Federal act" means the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, P.L. 111-152, and any amendments to, or regulations or guidance issued under, those acts.

AB445,21,7 (4) (a) Except as provided in pars. (b) to (e), “health benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.

AB445,21,8 (b) “Health benefit plan" does not include any of the following:

AB445,21,10 1. Coverage only for accident, or disability income insurance, or any combination of those.

AB445,21,11 2. Coverage issued as a supplement to liability insurance.

AB445,21,13 3. Liability insurance, including general liability insurance and automobile liability insurance.

AB445,21,14 4. Worker's compensation or similar insurance.

AB445,21,15 5. Automobile medical payment insurance.

AB445,21,16 6. Credit-only insurance.

AB445,21,17 7. Coverage for on-site medical clinics.

AB445,21,20 8. Other similar insurance coverage, specified in federal regulations issued under P.L. 104-191, under which benefits for health care services are secondary or incidental to other insurance benefits.

AB445,21,23 (c) “Health benefit plan" does not include any of the following benefits if they are provided under a separate policy, certificate, or contract of insurance or otherwise not an integral part of the plan:

AB445,21,24 1. Limited scope dental or vision benefits.

AB445,22,2 2. Benefits for long-term care, nursing home care, home health care, community-based care, or any combination of those.

AB445,22,4 3. Other similar, limited benefits specified in federal regulations issued under P.L. 104-191.

AB445,22,11 (d) “Health benefit plan" does not include any of the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor:

AB445,22,12 1. Coverage only for a specified disease or illness.

AB445,22,13 2. Hospital indemnity or other fixed indemnity insurance.

AB445,22,15 (e) “Health benefit plan" does not include any of the following if offered as a separate policy, certificate, or contract of insurance:

AB445,22,17 1. Medicare supplemental health insurance as defined under section 1882 (g) (1) of the federal Social Security Act.

AB445,22,19 2. Coverage supplemental to the coverage provided under the Civilian Health and Medical Program of the Uniformed Services 10 USC ch. 55.

AB445,22,21 3. Similar coverage supplemental to coverage provided under a group health plan.

AB445,23,3 (5) “Health carrier" means an entity subject to the insurance laws and rules of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services.

AB445,23,5 (5m) “Minimum essential coverage" has the meaning given in 26 USC 5000A (f) (1).