SB359,40,24 24(1) Establish its annual budget and monitor its fiscal management.
SB359,41,4
1(2) No later than 2 years after an exchange under subch. II begins operation,
2and annually thereafter, submit a report to the legislature under s. 13.172 (2) and
3to the governor on the operation of any exchange under subch. II, including a review
4of all of the following:
SB359,41,55 (a) Progress toward the goals of the exchange.
SB359,41,66 (b) The operations and administration of the exchange.
SB359,41,87 (c) The types of health insurance plans available to eligible individuals and
8groups and the percentage of the total exchange enrollees served by each plan.
SB359,41,119 (d) Surveys and reports on the insurers' experiences with different plans,
10including aggregated data on enrollees, claims, statistics, complaint data, and
11enrollee satisfaction data.
SB359,41,1312 (e) Significant observations regarding utilization and adoption of the
13exchange.
SB359,41,15 14(3) Annually submit to the governor and the legislative audit bureau a
15statement of its activities and financial condition.
SB359,41,17 16(4) Approve the use of any trademarks, seals, or logos by participating insurers
17and small employers.
SB359,41,19 18(5) Comply with the requirements of s. 16.413 as if the authority is a state
19agency.
SB359,41,23 20636.74 Authority powers. The authority has all of the powers necessary or
21convenient to carry out its duties under this chapter, except that it may not acquire
22or hold title to real estate or issue bonds. In addition, the authority may do any of
23the following:
SB359,41,25 24(1) Adopt bylaws and policies and procedures for the regulation of its affairs
25and the conduct of its business.
SB359,42,2
1(2) Have a seal and alter the seal at pleasure, have perpetual existence, and
2maintain an office.
SB359,42,3 3(3) Hire employees, define their duties, and fix their rate of compensation.
SB359,42,5 4(4) Delegate by resolution to one or more of its members any powers and duties
5that it considers proper.
SB359,42,6 6(5) Incur debt.
SB359,42,10 7(6) Appoint any technical or professional advisory committee that the
8authority finds necessary to assist the authority in exercising its duties and powers.
9If the authority appoints a committee, the authority shall define the duties of the
10committee and provide reimbursement for the expenses of the committee.
SB359,42,12 11(7) Accept gifts, grants, loans, or other contributions from private or public
12sources.
SB359,42,13 13(8) Procure liability insurance.
SB359,42,14 14(9) Sue and be sued in its own name and plead and be impleaded.
SB359,42,17 15(10) Execute contracts and other instruments, including contracts for
16professional or technical services required for the authority or the operation of an
17exchange under subch. II.
SB359,42,22 18636.76 Contracting for professional services. (1) Whenever contracting
19for professional services, the authority shall solicit competitive sealed bids or
20competitive sealed proposals, whichever is appropriate. Each request for
21competitive sealed proposals shall state the relative importance of price and other
22evaluation factors.
SB359,43,5 23(2) (a) When the estimated cost exceeds $25,000, the authority may invite
24competitive sealed bids or proposals by publishing a class 2 notice under ch. 985 or
25by posting notice on the Internet at a site determined or approved by the authority.

1The notice shall describe the contractual services to be purchased, the intent to make
2the procurement by solicitation of bids or proposals, any requirement for surety, and
3the date the bids or proposals will be opened, which shall be at least 7 days after the
4date of the last insertion of the notice or at least 7 days after the date of posting on
5the Internet.
SB359,43,86 (b) When the estimated cost is $25,000 or less, the authority may award the
7contract in accordance with simplified procedures established by the authority for
8such transactions.
SB359,43,129 (c) For purposes of clarification, the authority may discuss the requirements
10of the proposed contract with any person who submits a bid or proposal and shall
11permit any offerer to revise his or her bid or proposal to ensure its responsiveness to
12those requirements.
SB359,43,20 13(3) (a) The authority shall determine which bids or proposals are reasonably
14likely to be awarded the contract and shall provide each offerer of such a bid or
15proposal a fair and equal opportunity to discuss the bid or proposal. The authority
16may negotiate with each offerer in order to obtain terms that are advantageous to
17the authority. Prior to the award of the contract, any offerer may revise his or her
18bid or proposal. The authority shall keep a written record of all meetings,
19conferences, oral presentations, discussions, negotiations, and evaluations of bids or
20proposals under this section.
SB359,43,2321 (b) In opening, discussing, and negotiating bids or proposals, the authority may
22not disclose any information that would reveal the terms of a competing bid or
23proposal.
SB359,44,4 24(4) (a) After receiving each offerer's best and final offer, the authority shall
25determine which proposal is most advantageous and shall award the contract to the

1person who offered it. The authority's determination shall be based only on price and
2the other evaluation factors specified in the request for bids or proposals. The
3authority shall state in writing the reason for the award and shall place the
4statement in the contract file.
SB359,44,65 (b) Following the award of the contract, the authority shall prepare a register
6of all bids or proposals.
SB359,44,16 7636.78 Political activities. (1) No employee of the authority may directly
8or indirectly solicit or receive subscriptions or contributions for any partisan political
9party or any political purpose while engaged in his or her official duties as an
10employee. No employee of the authority may engage in any form of political activity
11calculated to favor or improve the chances of any political party or any person seeking
12or attempting to hold partisan political office while engaged in his or her official
13duties as an employee or engage in any political activity while not engaged in his or
14her official duties as an employee to such an extent that the person's efficiency during
15working hours will be impaired or that he or she will be tardy or absent from work.
16Any violation of this section is adequate grounds for dismissal.
SB359,44,20 17(2) If an employee of the authority declares an intention to run for partisan
18political office, the employee shall be placed on a leave of absence for the duration
19of the election campaign and if elected shall no longer be employed by the authority
20on assuming the duties and responsibilities of such office.
SB359,44,22 21(3) An employee of the authority may be granted, by the executive director, a
22leave of absence to participate in partisan political campaigning.
SB359,44,25 23(4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the
24restrictions of sub. (1), except as they apply to the solicitation of assistance,
25subscription, or support from any other employee in the authority.
SB359,45,3
1636.80 Financial disclosure. (1) In this section, “individual required to file"
2means a person who is a member of the board of the authority or the executive
3director of the authority.
SB359,45,8 4(2) Each individual who in January of any year is an individual required to file
5shall file with the ethics commission no later than April 30 of that year a statement
6of economic interests meeting each of the requirements of s. 19.44 (1). The
7information contained on the statement shall be current as of December 31 of the
8preceding year.
SB359,45,15 9(3) An individual required to file shall file with the ethics commission a
10statement of economic interests meeting each of the requirements of s. 19.44 (1) no
11later than 21 days following the date he or she assumes a position on the board or
12the position of executive director if the individual required to file has not previously
13filed a statement of economic interests with the ethics commission during that year.
14The information on the statement shall be current as per the date he or she assumes
15the position.
SB359,45,24 16(4) If an individual required to file fails to make a timely filing, the ethics
17commission shall promptly provide notice of the delinquency to the secretary of
18administration, and to the executive director of the authority, or the chairperson of
19the board if the executive director's filing is untimely. Upon such notification, both
20the secretary of administration and the executive director, or chairperson, shall
21withhold all payments for compensation, reimbursement of expenses, and other
22obligations to the individual until the ethics commission notifies those to whom
23notice of the delinquency was provided that the individual has complied with this
24section.
SB359,46,7
1(5) On its own motion or at the request of any individual required to file a
2statement of economic interests, the ethics commission may extend the time for filing
3or waive any filing requirement if the ethics commission determines that the literal
4application of the filing requirements of this subchapter would work an
5unreasonable hardship on that individual or that the extension of the time for filing
6or waiver is in the public interest. The ethics commission shall set forth in writing
7as a matter of public record its reason for the extension or waiver.
SB359,46,14 8(6) (a) Any person who violates this section may be required to forfeit not more
9than $500 for each violation. If the court determines that the accused has realized
10economic gain as a result of the violation, the court may, in addition, order the
11accused to forfeit the amount gained as a result of the violation. The attorney
12general, when so requested by the ethics commission, shall institute proceedings to
13recover any forfeiture incurred under this subsection that is not paid by the person
14against whom it is assessed.
SB359,46,1715 (b) Any person who intentionally violates this section shall be fined not less
16than $100 nor more than $5,000 or imprisoned not more than one year in the county
17jail or both.
SB359,46,21 18636.82 Conflict of interest prohibited; exception. (1) Except in
19accordance with the ethics commission's advice under s. 19.46 (2) and except as
20otherwise provided in sub. (2), a member of the board under s. 636.70 (1) and the
21executive director of the authority may not do any of the following:
SB359,46,2522 (a) Take any official action substantially affecting a matter in which the board
23member or executive director, a member of his or her immediate family, or an
24organization with which the board member or director is associated has a substantial
25financial interest.
SB359,47,5
1(b) Use his or her office or position in a way that produces or assists in the
2production of a substantial benefit, direct or indirect, for the board member or
3executive director, one or more members of his or her immediate family either
4separately or together, or an organization with which the board member or executive
5director is associated.
SB359,47,9 6(2) This section does not prohibit a board member under s. 636.70 (1) or the
7executive director of the authority from taking any action concerning the lawful
8payment of salaries or employee benefits or reimbursement of actual and necessary
9expenses.
SB359,47,16 10(3) (a) Any person who violates this section may be required to forfeit not more
11than $5,000 for each violation. If the court determines that the accused has realized
12economic gain as a result of the violation, the court may, in addition, order the
13accused to forfeit the amount gained as a result of the violation. The attorney
14general, when so requested by the ethics commission, shall institute proceedings to
15recover any forfeiture incurred under this subsection that is not paid by the person
16against whom it is assessed.
SB359,47,1917 (b) Any person who intentionally violates this section shall be fined not less
18than $100 nor more than $5,000 or imprisoned not more than one year in the county
19jail or both.
SB359,47,23 20636.84 Liability; expenses; limitations. (1) Neither the state, nor any
21political subdivision of the state, nor any officer, employee, or agent of the state or
22a political subdivision who is acting within the scope of employment or agency is
23liable for any debt, obligation, act, or omission of the authority.
SB359,47,25 24(2) All of the expenses incurred by the authority in exercising its duties and
25powers under this chapter shall be payable only from funds of the authority.
SB359,48,4
1(3) A cause of action may arise against and civil liability may be imposed on
2the authority for its acts or omissions or for any act or omission of a member of the
3board, the executive director, or an employee of the authority in the performance of
4his or her powers and duties under this chapter.
SB359,48,14 5(4) A cause of action may not arise against and civil liability may not be imposed
6on a member of the board under s. 636.70 (1), the executive director of the authority,
7or an employee of the authority for any act or omission in the performance of his or
8her powers and duties under this chapter, unless the person asserting liability proves
9that the act or omission constitutes willful misconduct or intentional violation of the
10law. The member of the board, executive director, or employee who performed the
11act or omission that formed the basis of liability shall be jointly liable with the
12authority if that board member, executive director, or employee fails to cooperate
13with the authority in defense of the claim and if the failure to cooperate affects the
14defense of the action.
SB359,48,17 15(5) The amount recoverable by any person for any damages, injuries, or death
16in any civil action or civil proceeding against the authority, including any such action
17or proceeding based on contribution or indemnification, shall not exceed $100,000.
SB359,48 18Section 48. Effective dates. This act takes effect on the day after publication,
19except as follows:
SB359,48,2120 (1) The treatment of section 635.18 (1) of the statutes takes effect on January
211, 2018.
SB359,48,2222 (End)
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