AB445: Bill Text

AB445,40,10 (6) The board under sub. (1) shall appoint an executive director who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall receive compensation commensurate with the duties of the office, as determined by the board. The executive director shall serve as secretary of the authority and 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. The executive director shall have all of the following duties:

AB445,40,12 (a) Supervising the administrative affairs and the general management and operation of the authority.

AB445,40,14 (b) Planning, directing, coordinating, and executing administrative functions in conformity with the policies and directives of the board.

AB445,40,15 (c) Employing professional and clerical staff, as necessary.

AB445,40,17 (d) Reporting to the board on all operations under his or her control and supervision.

AB445,40,19 (e) Preparing an annual budget and managing the administrative expenses of the authority.

AB445,40,21 (f) Undertaking any activities necessary to implement the powers and duties set forth in this chapter.

AB445,40,23 636.72 Authority duties. In addition to all other duties imposed under this chapter, the authority shall do all of the following:

AB445,40,24 (1) Establish its annual budget and monitor its fiscal management.

AB445,41,4 (2) No later than 2 years after an exchange under subch. II begins operation, and annually thereafter, submit a report to the legislature under s. 13.172 (2) and to the governor on the operation of any exchange under subch. II, including a review of all of the following:

AB445,41,5 (a) Progress toward the goals of the exchange.

AB445,41,6 (b) The operations and administration of the exchange.

AB445,41,8 (c) The types of health insurance plans available to eligible individuals and groups and the percentage of the total exchange enrollees served by each plan.

AB445,41,11 (d) Surveys and reports on the insurers' experiences with different plans, including aggregated data on enrollees, claims, statistics, complaint data, and enrollee satisfaction data.

AB445,41,13 (e) Significant observations regarding utilization and adoption of the exchange.

AB445,41,15 (3) Annually submit to the governor and the legislative audit bureau a statement of its activities and financial condition.

AB445,41,17 (4) Approve the use of any trademarks, seals, or logos by participating insurers and small employers.

AB445,41,19 (5) Comply with the requirements of s. 16.413 as if the authority is a state agency.

AB445,41,23 636.74 Authority powers. The authority has all of the powers necessary or convenient to carry out its duties under this chapter, except that it may not acquire or hold title to real estate or issue bonds. In addition, the authority may do any of the following:

AB445,41,25 (1) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.

AB445,42,2 (2) Have a seal and alter the seal at pleasure, have perpetual existence, and maintain an office.

AB445,42,3 (3) Hire employees, define their duties, and fix their rate of compensation.

AB445,42,5 (4) Delegate by resolution to one or more of its members any powers and duties that it considers proper.

AB445,42,6 (5) Incur debt.

AB445,42,10 (6) Appoint any technical or professional advisory committee that the authority finds necessary to assist the authority in exercising its duties and powers. If the authority appoints a committee, the authority shall define the duties of the committee and provide reimbursement for the expenses of the committee.

AB445,42,12 (7) Accept gifts, grants, loans, or other contributions from private or public sources.

AB445,42,13 (8) Procure liability insurance.

AB445,42,14 (9) Sue and be sued in its own name and plead and be impleaded.

AB445,42,17 (10) Execute contracts and other instruments, including contracts for professional or technical services required for the authority or the operation of an exchange under subch. II.

AB445,42,22 636.76 Contracting for professional services. (1) Whenever contracting for professional services, the authority shall solicit competitive sealed bids or competitive sealed proposals, whichever is appropriate. Each request for competitive sealed proposals shall state the relative importance of price and other evaluation factors.

AB445,43,5 (2) (a) When the estimated cost exceeds $25,000, the authority may invite competitive sealed bids or proposals by publishing a class 2 notice under ch. 985 or by posting notice on the Internet at a site determined or approved by the authority. The notice shall describe the contractual services to be purchased, the intent to make the procurement by solicitation of bids or proposals, any requirement for surety, and the date the bids or proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.

AB445,43,8 (b) When the estimated cost is $25,000 or less, the authority may award the contract in accordance with simplified procedures established by the authority for such transactions.

AB445,43,12 (c) For purposes of clarification, the authority may discuss the requirements of the proposed contract with any person who submits a bid or proposal and shall permit any offerer to revise his or her bid or proposal to ensure its responsiveness to those requirements.

AB445,43,20 (3) (a) The authority shall determine which bids or proposals are reasonably likely to be awarded the contract and shall provide each offerer of such a bid or proposal a fair and equal opportunity to discuss the bid or proposal. The authority may negotiate with each offerer in order to obtain terms that are advantageous to the authority. Prior to the award of the contract, any offerer may revise his or her bid or proposal. The authority shall keep a written record of all meetings, conferences, oral presentations, discussions, negotiations, and evaluations of bids or proposals under this section.

AB445,43,23 (b) In opening, discussing, and negotiating bids or proposals, the authority may not disclose any information that would reveal the terms of a competing bid or proposal.

AB445,44,4 (4) (a) After receiving each offerer's best and final offer, the authority shall determine which proposal is most advantageous and shall award the contract to the person who offered it. The authority's determination shall be based only on price and the other evaluation factors specified in the request for bids or proposals. The authority shall state in writing the reason for the award and shall place the statement in the contract file.

AB445,44,6 (b) Following the award of the contract, the authority shall prepare a register of all bids or proposals.

AB445,44,16 636.78 Political activities. (1) No employee of the authority may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while engaged in his or her official duties as an employee. No employee of the authority may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office while engaged in his or her official duties as an employee or engage in any political activity while not engaged in his or her official duties as an employee to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.

AB445,44,20 (2) If an employee of the authority declares an intention to run for partisan political office, the employee shall be placed on a leave of absence for the duration of the election campaign and if elected shall no longer be employed by the authority on assuming the duties and responsibilities of such office.

AB445,44,22 (3) An employee of the authority may be granted, by the executive director, a leave of absence to participate in partisan political campaigning.

AB445,44,25 (4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription, or support from any other employee in the authority.

AB445,45,3 636.80 Financial disclosure. (1) In this section, “individual required to file" means a person who is a member of the board of the authority or the executive director of the authority.

AB445,45,8 (2) Each individual who in January of any year is an individual required to file shall file with the ethics commission no later than April 30 of that year a statement of economic interests meeting each of the requirements of s. 19.44 (1). The information contained on the statement shall be current as of December 31 of the preceding year.

AB445,45,15 (3) An individual required to file shall file with the ethics commission a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 21 days following the date he or she assumes a position on the board or the position of executive director if the individual required to file has not previously filed a statement of economic interests with the ethics commission during that year. The information on the statement shall be current as per the date he or she assumes the position.

AB445,45,24 (4) If an individual required to file fails to make a timely filing, the ethics commission shall promptly provide notice of the delinquency to the secretary of administration, and to the executive director of the authority, or the chairperson of the board if the executive director's filing is untimely. Upon such notification, both the secretary of administration and the executive director, or chairperson, shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the individual until the ethics commission notifies those to whom notice of the delinquency was provided that the individual has complied with this section.

AB445,46,7 (5) On its own motion or at the request of any individual required to file a statement of economic interests, the ethics commission may extend the time for filing or waive any filing requirement if the ethics commission determines that the literal application of the filing requirements of this subchapter would work an unreasonable hardship on that individual or that the extension of the time for filing or waiver is in the public interest. The ethics commission shall set forth in writing as a matter of public record its reason for the extension or waiver.

AB445,46,14 (6) (a) Any person who violates this section may be required to forfeit not more than $500 for each violation. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. The attorney general, when so requested by the ethics commission, shall institute proceedings to recover any forfeiture incurred under this subsection that is not paid by the person against whom it is assessed.

AB445,46,17 (b) Any person who intentionally violates this section shall be fined not less than $100 nor more than $5,000 or imprisoned not more than one year in the county jail or both.

AB445,46,21 636.82 Conflict of interest prohibited; exception. (1) Except in accordance with the ethics commission's advice under s. 19.46 (2) and except as otherwise provided in sub. (2), a member of the board under s. 636.70 (1) and the executive director of the authority may not do any of the following:

AB445,46,25 (a) Take any official action substantially affecting a matter in which the board member or executive director, a member of his or her immediate family, or an organization with which the board member or director is associated has a substantial financial interest.

AB445,47,5 (b) Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the board member or executive director, one or more members of his or her immediate family either separately or together, or an organization with which the board member or executive director is associated.

AB445,47,9 (2) This section does not prohibit a board member under s. 636.70 (1) or the executive director of the authority from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses.

AB445,47,16 (3) (a) Any person who violates this section may be required to forfeit not more than $5,000 for each violation. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. The attorney general, when so requested by the ethics commission, shall institute proceedings to recover any forfeiture incurred under this subsection that is not paid by the person against whom it is assessed.

AB445,47,19 (b) Any person who intentionally violates this section shall be fined not less than $100 nor more than $5,000 or imprisoned not more than one year in the county jail or both.

AB445,47,23 636.84 Liability; expenses; limitations. (1) Neither the state, nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.

AB445,47,25 (2) All of the expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.

AB445,48,4 (3) A cause of action may arise against and civil liability may be imposed on the authority for its acts or omissions or for any act or omission of a member of the board, the executive director, or an employee of the authority in the performance of his or her powers and duties under this chapter.

AB445,48,14 (4) A cause of action may not arise against and civil liability may not be imposed on a member of the board under s. 636.70 (1), the executive director of the authority, or an employee 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 or intentional violation of the law. The member of the board, executive director, or employee who performed the act or omission that formed the basis of liability shall be jointly liable with the authority if that board member, executive director, or employee fails to cooperate with the authority in defense of the claim and if the failure to cooperate affects the defense of the action.

AB445,48,17 (5) The amount recoverable by any person for any damages, injuries, or death in any civil action or civil proceeding against the authority, including any such action or proceeding based on contribution or indemnification, shall not exceed $100,000.

AB445,48 Section 48. Effective dates. This act takes effect on the day after publication, except as follows:

AB445,48,21 (1) The treatment of section 635.18 (1) of the statutes takes effect on January 1, 2018.

AB445,48,22 (End)