2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 3,
TO ASSEMBLY BILL 365
December 4, 2018 - Offered by Senators Craig and Kapenga.
AB365-SSA3,2,6 1An Act to repeal 177.075 (3); to renumber and amend 71.07 (5g) (b), 71.07 (5g)
2(c) 1., 71.28 (5g) (b), 71.28 (5g) (c) 1., 71.47 (5g) (b), 71.47 (5g) (c) 1., 76.655 (2)
3and 76.655 (3) (a); to amend 1.12 (1) (b), 13.172 (1), 13.62 (2), 13.95 (intro.),
416.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab),
516.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70
6(2), 16.72 (2) (e) (intro.), 16.72 (2) (f), 16.75 (1m), 16.75 (8) (am) and (bm), 16.75
7(9), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6), 16.765 (7) (intro.),
816.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 25.50 (1) (d), 71.07 (5g) (a), 71.07
9(5g) (c) 3., 71.07 (5g) (d) 2., 71.26 (1) (be), 71.28 (5g) (a), 71.28 (5g) (c) 3., 71.28
10(5g) (d) 2., 71.47 (5g) (a), 71.47 (5g) (c) 3., 71.47 (5g) (d) 2., 76.655 (1), 76.655 (3)
11(b), 76.655 (5), 77.54 (9a) (a), 101.055 (2) (a), 230.03 (3), 230.80 (4), 230.90 (1)
12(c), 601.41 (1), 601.415 (12), 601.64 (1), 601.64 (3) (a), 601.64 (3) (c), 601.64 (4),
13632.7495 (4) (c) and 646.01 (1) (a) 2. k.; and to create 13.94 (1) (dj), 13.94 (1s)

1(c) 2m., 25.17 (63m), 40.02 (54) (n), 71.07 (5g) (b) 2., 71.07 (5g) (c) 1. b., 71.28 (5g)
2(b) 2., 71.28 (5g) (c) 1. b., 71.47 (5g) (b) 2., 71.47 (5g) (c) 1. b., 76.655 (2) (b), 76.655
3(3) (a) 2., 613.03 (5), 631.20 (1) (c) 5m., 631.20 (2) (g), 631.36 (7) (c), 632.784 and
4chapter 656 of the statutes; relating to: the Health Insurance Risk-Sharing
5Plan Authority, short-term health insurance, and requiring the exercise of
6rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB365-SSA3,1 7Section 1. 1.12 (1) (b) of the statutes is amended to read:
AB365-SSA3,2,138 1.12 (1) (b) “State agency" means an office, department, agency, institution of
9higher education, the legislature, a legislative service agency, the courts, a judicial
10branch agency, an association, society, or other body in state government that is
11created or authorized to be created by the constitution or by law, for which
12appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan
13Authority and the
Wisconsin Economic Development Corporation.
AB365-SSA3,2 14Section 2. 13.172 (1) of the statutes is amended to read:
AB365-SSA3,2,2015 13.172 (1) In this section, “agency" means an office, department, agency,
16institution of higher education, association, society, or other body in state
17government created or authorized to be created by the constitution or any law, that
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 656 or in
20ch. 231, 233, 234, 238, or 279.
AB365-SSA3,3 21Section 3. 13.62 (2) of the statutes is amended to read:
AB365-SSA3,3,322 13.62 (2) “Agency" means any board, commission, department, office, society,
23institution of higher education, council, or committee in the state government, or any

1authority created in subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 232, 233,
2234, 237, 238, or 279, except that the term does not include a council or committee
3of the legislature.
AB365-SSA3,4 4Section 4. 13.94 (1) (dj) of the statutes is created to read:
AB365-SSA3,3,75 13.94 (1) (dj) Annually, conduct a financial audit of the Health Insurance
6Risk-Sharing Plan under subch. II of ch. 656 and file copies of each audit report
7under this paragraph with the distributees specified in par. (b).
AB365-SSA3,5 8Section 5. 13.94 (1s) (c) 2m. of the statutes is created to read:
AB365-SSA3,3,109 13.94 (1s) (c) 2m. The Health Insurance Risk-Sharing Plan Authority for the
10cost of the audit under sub. (1) (dj).
AB365-SSA3,6 11Section 6. 13.95 (intro.) of the statutes is amended to read:
AB365-SSA3,3,24 1213.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
13known as the “Legislative Fiscal Bureau" headed by a director. The fiscal bureau
14shall be strictly nonpartisan and shall at all times observe the confidential nature
15of the research requests received by it; however, with the prior approval of the
16requester in each instance, the bureau may duplicate the results of its research for
17distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
18designated employees shall at all times, with or without notice, have access to all
19state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
20Health Insurance Risk-Sharing Plan Authority,
the Wisconsin Aerospace Authority,
21the Lower Fox River Remediation Authority, the Wisconsin Economic Development
22Corporation, and the Fox River Navigational System Authority, and to any books,
23records, or other documents maintained by such agencies or authorities and relating
24to their expenditures, revenues, operations, and structure.
AB365-SSA3,7 25Section 7. 16.002 (2) of the statutes is amended to read:
AB365-SSA3,4,5
116.002 (2) “Departments" means constitutional offices, departments, and
2independent agencies and includes all societies, associations, and other agencies of
3state government for which appropriations are made by law, but not including
4authorities created in subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 232,
5233, 234, 237, 238, or 279.
AB365-SSA3,8 6Section 8. 16.004 (4) of the statutes is amended to read:
AB365-SSA3,4,127 16.004 (4) Freedom of access. The secretary and such employees of the
8department as the secretary designates may enter into the offices of state agencies
9and authorities created under subch. II of ch. 114 and subch. III of ch. 656 and under
10chs. 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and
11any other matter that in the secretary's judgment should be examined and may
12interrogate the agency's employees publicly or privately relative thereto.
AB365-SSA3,9 13Section 9. 16.004 (5) of the statutes is amended to read:
AB365-SSA3,4,1814 16.004 (5) Agencies and employees to cooperate. All state agencies and
15authorities created under subch. II of ch. 114 and subch. III of ch. 656 and under chs.
16231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
17with the secretary and shall comply with every request of the secretary relating to
18his or her functions.
AB365-SSA3,10 19Section 10. 16.004 (12) (a) of the statutes is amended to read:
AB365-SSA3,5,220 16.004 (12) (a) In this subsection, “state agency" means an association,
21authority, board, department, commission, independent agency, institution, office,
22society, or other body in state government created or authorized to be created by the
23constitution or any law, including the legislature, the office of the governor, and the
24courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
25the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Aerospace

1Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic
2Development Corporation, and the Fox River Navigational System Authority.
AB365-SSA3,11 3Section 11. 16.045 (1) (a) of the statutes is amended to read:
AB365-SSA3,5,94 16.045 (1) (a) “Agency" means an office, department, independent agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law, that
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority created in subch. II of ch. 114 or subch. III of
9ch. 656
or in ch. 231, 232, 233, 234, 237, 238, or 279.
AB365-SSA3,12 10Section 12. 16.15 (1) (ab) of the statutes is amended to read:
AB365-SSA3,5,1411 16.15 (1) (ab) “Authority" has the meaning given under s. 16.70 (2), but
12excludes the University of Wisconsin Hospitals and Clinics Authority, the Health
13Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
14Authority, and the Wisconsin Economic Development Corporation.
AB365-SSA3,13 15Section 13. 16.41 (4) of the statutes is amended to read:
AB365-SSA3,5,1716 16.41 (4) In this section, “authority" means a body created under subch. II of
17ch. 114 or subch. III of ch. 656 or under ch. 231, 233, 234, 237, 238, or 279.
AB365-SSA3,14 18Section 14. 16.417 (1) (a) of the statutes is amended to read:
AB365-SSA3,5,2319 16.417 (1) (a) “Agency" means an office, department, independent agency,
20institution of higher education, association, society, or other body in state
21government created or authorized to be created by the constitution or any law, that
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, but not including an authority or a body created under subch. III of ch. 656.
AB365-SSA3,15 24Section 15. 16.52 (7) of the statutes is amended to read:
AB365-SSA3,6,10
116.52 (7) Petty cash account. With the approval of the secretary, each agency
2that is authorized to maintain a contingent fund under s. 20.920 may establish a
3petty cash account from its contingent fund. The procedure for operation and
4maintenance of petty cash accounts and the character of expenditures therefrom
5shall be prescribed by the secretary. In this subsection, “agency" means an office,
6department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, that is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.
AB365-SSA3,16 11Section 16. 16.528 (1) (a) of the statutes is amended to read:
AB365-SSA3,6,1712 16.528 (1) (a) “Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or subch. III of
17ch. 656
or in ch. 231, 233, 234, 237, 238, or 279.
AB365-SSA3,17 18Section 17. 16.53 (2) of the statutes is amended to read:
AB365-SSA3,7,219 16.53 (2) Improper invoices. If an agency receives an improperly completed
20invoice, the agency shall notify the sender of the invoice within 10 working days after
21it receives the invoice of the reason it is improperly completed. In this subsection,
22“agency" means an office, department, independent agency, institution of higher
23education, association, society, or other body in state government created or
24authorized to be created by the constitution or any law, that is entitled to expend
25moneys appropriated by law, including the legislature and the courts, but not

1including an authority created in subch. II of ch. 114 or subch. III of ch. 656 or in ch.
2231, 233, 234, 237, 238, or 279.
AB365-SSA3,18 3Section 18. 16.54 (9) (a) 1. of the statutes is amended to read:
AB365-SSA3,7,94 16.54 (9) (a) 1. “Agency" means an office, department, independent agency,
5institution of higher education, association, society or other body in state
6government created or authorized to be created by the constitution or any law, which
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority created in subch. II of ch. 114 or subch. III of
9ch. 656
or in ch. 231, 233, 234, 237, 238, or 279.
AB365-SSA3,19 10Section 19. 16.70 (2) of the statutes is amended to read:
AB365-SSA3,7,1211 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or subch.
12III of ch. 656
or under ch. 231, 232, 233, 234, 237, or 279.
AB365-SSA3,20 13Section 20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB365-SSA3,7,2414 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the
15department and any other designated purchasing agent under s. 16.71 (1) shall
16incorporate requirements for the purchase of products made from recycled materials
17and recovered materials if their use is technically and economically feasible. Each
18authority other than the University of Wisconsin Hospitals and Clinics Authority,
19the Health Insurance Risk-Sharing Plan Authority,
and the Lower Fox River
20Remediation Authority, in writing specifications for purchasing by the authority,
21shall incorporate requirements for the purchase of products made from recycled
22materials and recovered materials if their use is technically and economically
23feasible. The specifications shall include requirements for the purchase of the
24following materials:
AB365-SSA3,21 25Section 21. 16.72 (2) (f) of the statutes is amended to read:
AB365-SSA3,8,10
116.72 (2) (f) In writing specifications under this subsection, the department,
2any other designated purchasing agent under s. 16.71 (1), and each authority other
3than the University of Wisconsin Hospitals and Clinics Authority , the Health
4Insurance Risk-Sharing Plan Authority,
and the Lower Fox River Remediation
5Authority shall incorporate requirements relating to the recyclability and ultimate
6disposition of products and, wherever possible, shall write the specifications so as to
7minimize the amount of solid waste generated by the state, consistent with the
8priorities established under s. 287.05 (12). All specifications under this subsection
9shall discourage the purchase of single-use, disposable products and require,
10whenever practical, the purchase of multiple-use, durable products.
AB365-SSA3,22 11Section 22. 16.75 (1m) of the statutes is amended to read:
AB365-SSA3,8,2512 16.75 (1m) The department shall award each order or contract for materials,
13supplies or equipment on the basis of life cycle cost estimates, whenever such action
14is appropriate. Each authority other than the University of Wisconsin Hospitals and
15Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
16Fox River Remediation Authority, and the Wisconsin Aerospace Authority shall
17award each order or contract for materials, supplies or equipment on the basis of life
18cycle cost estimates, whenever such action is appropriate. The terms, conditions and
19evaluation criteria to be applied shall be incorporated in the solicitation of bids or
20proposals. The life cycle cost formula may include, but is not limited to, the
21applicable costs of energy efficiency, acquisition and conversion, money,
22transportation, warehousing and distribution, training, operation and maintenance
23and disposition or resale. The department shall prepare documents containing
24technical guidance for the development and use of life cycle cost estimates, and shall
25make the documents available to local governmental units.
AB365-SSA3,23
1Section 23. 16.75 (8) (am) and (bm) of the statutes are amended to read:
AB365-SSA3,9,82 16.75 (8) (am) The department, any other designated purchasing agent under
3s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
4than the University of Wisconsin Hospitals and Clinics Authority , the Health
5Insurance Risk-Sharing Plan Authority,
and the Lower Fox River Remediation
6Authority shall, to the extent practicable, make purchasing selections using
7specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials
8utilizing recycled materials and recovered materials.
AB365-SSA3,9,149 (bm) Each agency and authority other than the University of Wisconsin
10Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
11and the Lower Fox River Remediation Authority shall ensure that the average
12recycled or recovered content of all paper purchased by the agency or authority
13measured as a proportion, by weight, of the fiber content of paper products purchased
14in a fiscal year, is not less than 40 percent of all purchased paper.
AB365-SSA3,24 15Section 24. 16.75 (9) of the statutes is amended to read:
AB365-SSA3,9,2116 16.75 (9) The department, any other designated purchasing agent under s.
1716.71 (1), any agency making purchases under s. 16.74, and any authority other than
18the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance
19Risk-Sharing Plan Authority,
and the Lower Fox River Remediation Authority
20shall, to the extent practicable, make purchasing selections using specifications
21prepared under s. 16.72 (2) (f).
AB365-SSA3,25 22Section 25. 16.765 (1) of the statutes is amended to read:
AB365-SSA3,9,2523 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
24Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River
25Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox

1River Remediation Authority, the Wisconsin Economic Development Corporation,
2and the Bradley Center Sports and Entertainment Corporation shall include in all
3contracts executed by them a provision obligating the contractor not to discriminate
4against any employee or applicant for employment because of age, race, religion,
5color, handicap, sex, physical condition, developmental disability as defined in s.
651.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and,
7except with respect to sexual orientation, obligating the contractor to take
8affirmative action to ensure equal employment opportunities.
AB365-SSA3,26 9Section 26. 16.765 (2) of the statutes is amended to read:
AB365-SSA3,11,210 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River
12Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
13River Remediation Authority, the Wisconsin Economic Development Corporation,
14and the Bradley Center Sports and Entertainment Corporation shall include the
15following provision in every contract executed by them: “In connection with the
16performance of work under this contract, the contractor agrees not to discriminate
17against any employee or applicant for employment because of age, race, religion,
18color, handicap, sex, physical condition, developmental disability as defined in s.
1951.01 (5), sexual orientation or national origin. This provision shall include, but not
20be limited to, the following: employment, upgrading, demotion or transfer;
21recruitment or recruitment advertising; layoff or termination; rates of pay or other
22forms of compensation; and selection for training, including apprenticeship. Except
23with respect to sexual orientation, the contractor further agrees to take affirmative
24action to ensure equal employment opportunities. The contractor agrees to post in
25conspicuous places, available for employees and applicants for employment, notices

1to be provided by the contracting officer setting forth the provisions of the
2nondiscrimination clause".
AB365-SSA3,27 3Section 27. 16.765 (4) of the statutes is amended to read:
AB365-SSA3,11,94 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River
6Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
7River Remediation Authority, and the Bradley Center Sports and Entertainment
8Corporation shall take appropriate action to revise the standard government
9contract forms under this section.
AB365-SSA3,28 10Section 28. 16.765 (5) of the statutes is amended to read:
AB365-SSA3,12,211 16.765 (5) The head of each contracting agency and the boards of directors of
12the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance
13Risk-Sharing Plan Authority,
the Fox River Navigational System Authority, the
14Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
15Wisconsin Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall be primarily responsible for obtaining compliance
17by any contractor with the nondiscrimination and affirmative action provisions
18prescribed by this section, according to procedures recommended by the department.
19The department shall make recommendations to the contracting agencies and the
20boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
21the Health Insurance Risk-Sharing Plan Authority, the Fox River Navigational
22System Authority, the Wisconsin Aerospace Authority, the Lower Fox River
23Remediation Authority, the Wisconsin Economic Development Corporation, and the
24Bradley Center Sports and Entertainment Corporation for improving and making
25more effective the nondiscrimination and affirmative action provisions of contracts.

1The department shall promulgate such rules as may be necessary for the
2performance of its functions under this section.
AB365-SSA3,29 3Section 29. 16.765 (6) of the statutes is amended to read:
AB365-SSA3,12,124 16.765 (6) The department may receive complaints of alleged violations of the
5nondiscrimination provisions of such contracts. The department shall investigate
6and determine whether a violation of this section has occurred. The department may
7delegate this authority to the contracting agency, the University of Wisconsin
8Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
9the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
10the Lower Fox River Remediation Authority, the Wisconsin Economic Development
11Corporation, or the Bradley Center Sports and Entertainment Corporation for
12processing in accordance with the department's procedures.
AB365-SSA3,30 13Section 30. 16.765 (7) (intro.) of the statutes is amended to read:
AB365-SSA3,12,2414 16.765 (7) (intro.) When a violation of this section has been determined by the
15department, the contracting agency, the University of Wisconsin Hospitals and
16Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
18River Remediation Authority, the Wisconsin Economic Development Corporation, or
19the Bradley Center Sports and Entertainment Corporation, the contracting agency,
20the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance
21Risk-Sharing Plan Authority,
the Fox River Navigational System Authority, the
22Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
23Wisconsin Economic Development Corporation, or the Bradley Center Sports and
24Entertainment Corporation shall:
AB365-SSA3,31 25Section 31. 16.765 (7) (d) of the statutes is amended to read:
AB365-SSA3,13,7
116.765 (7) (d) Direct the violating party to take immediate steps to prevent
2further violations of this section and to report its corrective action to the contracting
3agency, the University of Wisconsin Hospitals and Clinics Authority, the Health
4Insurance Risk-Sharing Plan Authority,
the Fox River Navigational System
5Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation
6Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
7Sports and Entertainment Corporation.
AB365-SSA3,32 8Section 32. 16.765 (8) of the statutes is amended to read:
AB365-SSA3,14,29 16.765 (8) If further violations of this section are committed during the term
10of the contract, the contracting agency, the Health Insurance Risk-Sharing Plan
11Authority,
the Fox River Navigational System Authority, the Wisconsin Aerospace
12Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic
13Development Corporation, or the Bradley Center Sports and Entertainment
14Corporation may permit the violating party to complete the contract, after complying
15with this section, but thereafter the contracting agency, the Health Insurance
16Risk-Sharing Plan Authority,
the Fox River Navigational System Authority, the
17Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
18Wisconsin Economic Development Corporation, or the Bradley Center Sports and
19Entertainment Corporation shall request the department to place the name of the
20party on the ineligible list for state contracts, or the contracting agency, the Health
21Insurance Risk-Sharing Plan Authority,
the Fox River Navigational System
22Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation
23Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
24Sports and Entertainment Corporation may terminate the contract without liability

1for the uncompleted portion or any materials or services purchased or paid for by the
2contracting party for use in completing the contract.
AB365-SSA3,33 3Section 33. 16.85 (2) of the statutes is amended to read:
AB365-SSA3,14,134 16.85 (2) To furnish engineering, architectural, project management, and other
5building construction services whenever requisitions therefor are presented to the
6department by any agency. The department may deposit moneys received from the
7provision of these services in the account under s. 20.505 (1) (kc) or in the general
8fund as general purpose revenue — earned. In this subsection, “agency" means an
9office, department, independent agency, institution of higher education, association,
10society, or other body in state government created or authorized to be created by the
11constitution or any law, which is entitled to expend moneys appropriated by law,
12including the legislature and the courts, but not including an authority created in
13subch. II of ch. 114 or subch. III of ch. 656 or in ch. 231, 233, 234, 237, 238, or 279.
AB365-SSA3,34 14Section 34. 16.865 (8) of the statutes is amended to read:
AB365-SSA3,15,415 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
16proportionate share of the estimated costs attributable to programs administered by
17the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
18may charge premiums to agencies to finance costs under this subsection and pay the
19costs from the appropriation on an actual basis. The department shall deposit all
20collections under this subsection in the appropriation account under s. 20.505 (2) (k).
21Costs assessed under this subsection may include judgments, investigative and
22adjustment fees, data processing and staff support costs, program administration
23costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
24subsection, “agency" means an office, department, independent agency, institution
25of higher education, association, society, or other body in state government created

1or authorized to be created by the constitution or any law, that is entitled to expend
2moneys appropriated by law, including the legislature and the courts, but not
3including an authority created in subch. II of ch. 114 or subch. III of ch. 656 or in ch.
4231, 232, 233, 234, 237, 238, or 279.
AB365-SSA3,35 5Section 35. 25.17 (63m) of the statutes is created to read:
AB365-SSA3,15,86 25.17 (63m) If requested by the Health Insurance Risk-Sharing Plan
7Authority, invest funds of the Health Insurance Risk-Sharing Plan Authority in the
8state investment fund.
AB365-SSA3,36 9Section 36. 25.50 (1) (d) of the statutes is amended to read:
AB365-SSA3,15,1910 25.50 (1) (d) “Local government" means any county, town, village, city, power
11district, sewerage district, drainage district, town sanitary district, public inland
12lake protection and rehabilitation district, local professional baseball park district
13created under subch. III of ch. 229, long-term care district under s. 46.2895, local
14professional football stadium district created under subch. IV of ch. 229, local
15cultural arts district created under subch. V of ch. 229, public library system, school
16district or technical college district in this state, any commission, committee, board
17or officer of any governmental subdivision of this state, any court of this state, other
18than the court of appeals or the supreme court, or any authority created under s.
19114.61, 231.02, 233.02, or 234.02, or 656.41.
AB365-SSA3,37 20Section 37. 40.02 (54) (n) of the statutes is created to read:
AB365-SSA3,15,2121 40.02 (54) (n) The Health Insurance Risk-Sharing Plan Authority.
AB365-SSA3,38 22Section 38 . 71.07 (5g) (a) of the statutes is amended to read:
AB365-SSA3,16,223 71.07 (5g) (a) Definitions. In this subsection, “claimant" means a partner,
24limited liability company member, or tax-option corporation shareholder who files

1a claim under this subsection and who is a partner, member, or shareholder of an
2entity that is an insurer, as defined in s. 149.10 (5), 2011 stats. , or in s. 656.01 (17).
AB365-SSA3,39 3Section 39 . 71.07 (5g) (b) of the statutes is renumbered 71.07 (5g) (b) 1. and
4amended to read:
AB365-SSA3,16,105 71.07 (5g) (b) 1. Subject to the limitations provided under this subsection, for
6taxable years beginning after December 31, 2005, and before January 1, 2015, a
7claimant may claim as a credit against the taxes imposed under s. 71.02 an amount
8that is equal to the amount of the assessment under s. 149.13, 2011 stats., that the
9claimant paid in the claimant's taxable year, multiplied by the percentage
10determined under par. (c) 1. a.
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