April 22, 2010 - Introduced by Senators Vinehout, Holperin and Robson. Referred
to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and
Revenue.
SB707,2,2
1An Act to renumber 635.02 (1);
to amend 1.12 (1) (b), 13.172 (1), 13.62 (2), 13.95
2(intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15
3(1) (ab), 16.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a)
41., 16.70 (2), 16.72 (2) (e) (intro.), 16.72 (2) (f), 16.75 (1m), 16.75 (8) (a) 1., 16.75
5(8) (a) 2., 16.75 (9), 16.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6),
616.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 25.50 (1) (d),
771.26 (1) (be), 77.54 (9a) (a), 101.055 (2) (a), 101.177 (1) (d), 230.03 (3), 230.80
8(4), 230.90 (1) (c) and 635.18 (1); and
to create 13.94 (1) (dj), 13.94 (1s) (c) 5.,
940.02 (54) (m), 70.11 (41c), subchapter I (title) of chapter 635 [precedes 635.01],
10635.02 (1c), 635.02 (1o), subchapter II of chapter 635 [precedes 635.30] and
11subchapter III of chapter 635 [precedes 635.70] of the statutes;
relating to: the
12small business health options program authority, health benefit plan exchange
1for small employers and certain individuals, and granting rule-making
2authority.
Analysis by the Legislative Reference Bureau
Small Business Health Options Program Authority
This bill creates the Small Business Health Options Program Authority
(authority) that is a public body corporate and politic that is created by state law but
that is not a state agency. The authority is governed by a board of directors consisting
of the commissioner of insurance (commissioner), the secretary of employee trust
funds, the director of the state Medical Assistance program, the executive director
of the Health Insurance Risk-Sharing Plan Authority, and the following members
who are nominated by the governor, and with the advice and consent of the senate
appointed, for three-year terms: a member in good-standing of the American
Academy of Actuaries, a health economist, an employee benefits specialist, a
representative of small employers, a representative of an organization that
represents consumer interests, and a representative of organized labor. The
chairperson of the board is the commissioner, who must appoint an executive director
of the authority. The executive director must, among other duties, supervise the
administrative affairs and general management and operation of the authority,
employ professional and clerical staff, as necessary, and prepare the authority's
annual budget.
The authority is not a state agency, so numerous laws that apply to state
agencies do not apply to the authority. However, the authority is treated like a state
agency in the following ways, among others: it is subject to auditing by the
Legislative Audit Bureau; it is subject to open meeting and open records laws; and
it is exempt from property tax, income tax, and sales and uses taxes. The authority
has powers, including adopting bylaws and policies and procedures for the
regulation of its affairs and conduct of its business; hiring employees; incurring debt;
suing and being sued in its own name; and executing contracts. The bill establishes
a process that the authority must use when it contracts for professional services.
Under the bill, the authority is subject to civil liability for its acts or omissions except
that the maximum amount recoverable in a civil action against the authority is
$100,000. However, a member of the authority's board of directors, the authority's
executive director, or an authority employee is exempt from civil liability unless the
member, director, or employee acted with willful misconduct or in intentional
violation of the law.
Health benefit plan exchange
Under the bill, the authority must establish and, by January 1, 2011, begin
operating a health benefit plan exchange (exchange), except that the authority must
seek federal grant moneys for the exchange and the exchange may not begin
operating unless federal grant moneys are received for that purpose. The
commissioner must determine the initial health benefit plan designs, including the
minimum benefit levels, and the authority must approve the plans that may be
offered through the exchange. The authority must rank the plans offered through
the exchange and place each one into one of three tiers. Plans that offer full benefits
are to be designated as "gold" plans; plans that provide 75 percent of the actuarial
value of a "gold" plan are to be designated as "silver" plans; and plans that provide
60 percent of the actuarial value of a "gold" plan are to be designated as "bronze"
plans.
Any small employer, defined generally as an employer with at least two but not
more than 50 employees, any limited term state employee, and any individual who
contracts with the state to perform services for the state are eligible to purchase
coverage under a health benefit plan offered through the exchange. Individuals and
employees may select coverage under any of the plans offered through the exchange.
Although the employees of the same small employer may select coverage under
different plans, all employees of the same small employer must select coverage under
plans in the same tier.
Any insurer authorized to do business in this state in one or more lines of
insurance that includes health insurance may offer coverage through the exchange,
and no insurer may offer or issue coverage to a small employer except through the
exchange. An insurer that offers coverage through the exchange may offer only the
health benefit plans that have been approved for the exchange by the authority and
must offer at least one health benefit plan in each tier. An insurer may not impose
any annual or lifetime limits on coverage; premiums for coverage through the
exchange may be based only on age, sex, geographic location, whether coverage is
single or family, and plan design; and all individuals covered under all plans issued
by an insurer must be considered one pool. An insurer must pay a commission to an
insurance intermediary who enrolls an individual or employees of a small employer
in a plan offered by the insurer through the exchange. To pay administrative
expenses of the exchange, the authority may impose a surcharge on each insurer
offering plans through the exchange.
With regard to administering the exchange, the authority enrolls individuals
and employer groups in plans, collects the initial premiums, and remits the
premiums and enrollment information to the appropriate insurers. The
commissioner must develop a standard application form that all prospective
enrollees must use. The authority must establish an independent and binding
appeals process for resolving disputes over eligibility and other determinations
made by the authority, must establish and operate a service center for providing
information about the exchange, may establish risk-adjustment mechanisms, and
may audit and require reports from insurers offering coverage through the exchange.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB707, s. 1
1Section
1. 1.12 (1) (b) of the statutes is amended to read:
SB707,4,72
1.12
(1) (b) "State agency" means an office, department, agency, institution of
3higher education, the legislature, a legislative service agency, the courts, a judicial
4branch agency, an association, society, or other body in state government that is
5created or authorized to be created by the constitution or by law, for which
6appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan
7Authority
and the Small Business Health Options Program Authority.
SB707,4,1510
13.172
(1) In this section, "agency" means an office, department, agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, and any authority created in subch. II of ch. 114
or, subch. III of ch. 149
, or
15subch. III of ch. 635 or in ch. 52, 231, 233, 234, or 279.
SB707,4,2218
13.62
(2) "Agency" means any board, commission, department, office, society,
19institution of higher education, council, or committee in the state government, or any
20authority created in subch. II of ch. 114
or, subch. III of ch. 149
, or subch. III of ch.
21635 or in ch. 52, 231, 232, 233, 234, 237, or 279, except that the term does not include
22a council or committee of the legislature.
SB707, s. 4
23Section
4. 13.94 (1) (dj) of the statutes is created to read:
SB707,5,324
13.94
(1) (dj) At least once every 2 years, perform a financial audit and
25performance evaluation audit of the health benefit plan exchange under subch. II of
1ch. 635 and an audit of the Small Business Health Options Program Authority's
2policies and management practices and file copies of each audit report under this
3paragraph with the distributees specified in par. (b).
SB707, s. 5
4Section
5. 13.94 (1s) (c) 5. of the statutes is created to read:
SB707,5,65
13.94
(1s) (c) 5. The Small Business Health Options Program Authority for the
6cost of the audit under sub. (1) (dj).
SB707,5,22
913.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
10known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
11shall be strictly nonpartisan and shall at all times observe the confidential nature
12of the research requests received by it; however, with the prior approval of the
13requester in each instance, the bureau may duplicate the results of its research for
14distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
15designated employees shall at all times, with or without notice, have access to all
16state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
17Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
18the Small Business Health Options Program Authority, the Lower Fox River
19Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox
20River Navigational System Authority, and to any books, records, or other documents
21maintained by such agencies or authorities and relating to their expenditures,
22revenues, operations, and structure.
SB707,6,5
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 an authority created in subch. II of ch. 114
or, subch. III of ch. 149
and,
5or subch. III of ch. 635 or in
chs. ch. 52, 231, 232, 233, 234, 235, 237,
and or 279.
SB707,6,148
16.004
(4) Freedom of access. The secretary and such employees of the
9department as the secretary designates may enter into the offices of state agencies
10and
authorities any authority created under subch. II of ch. 114
or, subch. III of ch.
11149
and, or subch. III of ch. 635 or under
chs. ch. 52, 231, 233, 234, 237,
and or 279,
12and may examine their books and accounts and any other matter that in the
13secretary's judgment should be examined and may interrogate the agency's
14employees publicly or privately relative thereto.
SB707,6,2117
16.004
(5) Agencies and employees to cooperate. All state agencies and
18authorities each authority created under subch. II of ch. 114
or, subch. III of ch. 149
19and, or subch. III of ch. 635 or under
chs. ch. 52, 231, 233, 234, 237,
and or 279, and
20their officers and employees, shall cooperate with the secretary and shall comply
21with every request of the secretary relating to his or her functions.
SB707,7,724
16.004
(12) (a) In this subsection, "state agency" means an association,
25authority, board, department, commission, independent agency, institution, office,
1society, or other body in state government created or authorized to be created by the
2constitution or any law, including the legislature, the office of the governor, and the
3courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
4the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
5Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
6Care Authority,
the Small Business Health Options Program Authority, and the Fox
7River Navigational System Authority.
SB707,7,1510
16.045
(1) (a) "Agency" means an office, department, independent agency,
11institution of higher education, association, society, or other body in state
12government created or authorized to be created by the constitution or any law, that
13is entitled to expend moneys appropriated by law, including the legislature and the
14courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
15ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SB707,7,2218
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
19excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
20River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
21Small Business Health Options Program Authority, and the Health Insurance
22Risk-Sharing Plan Authority.
SB707,8,3
116.41
(4) In this section, "authority" means a body created under subch. II of
2ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or under ch. 52, 231, 233, 234,
3237, or 279.
SB707, s. 14
4Section
14. 16.417 (1) (a) of the statutes is amended to read:
SB707,8,105
16.417
(1) (a) "Agency" means an office, department, independent agency,
6institution of higher education, association, society, or other body in state
7government created or authorized to be created by the constitution or any law, that
8is entitled to expend moneys appropriated by law, including the legislature and the
9courts, but not including an authority or the body created under subch. III of ch. 149
10or subch. III of ch. 635.
SB707,8,2313
16.52
(7) Petty cash account. With the approval of the secretary, each agency
14that is authorized to maintain a contingent fund under s. 20.920 may establish a
15petty cash account from its contingent fund. The procedure for operation and
16maintenance of petty cash accounts and the character of expenditures therefrom
17shall be prescribed by the secretary. In this subsection, "agency" means an office,
18department, independent agency, institution of higher education, association,
19society, or other body in state government created or authorized to be created by the
20constitution or any law, that is entitled to expend moneys appropriated by law,
21including the legislature and the courts, but not including an authority created in
22subch. II of ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or in ch. 52, 231,
23233, 234, 237, or 279.
SB707,9,6
116.528
(1) (a) "Agency" means an office, department, independent agency,
2institution of higher education, association, society, or other body in state
3government created or authorized to be created by the constitution or any law, that
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
6ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,9,179
16.53
(2) Improper invoices. If an agency receives an improperly completed
10invoice, the agency shall notify the sender of the invoice within 10 working days after
11it receives the invoice of the reason it is improperly completed. In this subsection,
12"agency" means an office, department, independent agency, institution of higher
13education, association, society, or other body in state government created or
14authorized to be created by the constitution or any law, that is entitled to expend
15moneys appropriated by law, including the legislature and the courts, but not
16including an authority created in subch. II of ch. 114
or
, subch. III of ch. 149
, or subch.
17III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,9,2520
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
21institution of higher education, association, society or other body in state
22government created or authorized to be created by the constitution or any law, which
23is entitled to expend moneys appropriated by law, including the legislature and the
24courts, but not including an authority created in subch. II of ch. 114
or, subch. III of
25ch. 149
, or subch. III of ch. 635 or in ch. 52, 231, 233, 234, 237, or 279.
SB707,10,53
16.70
(2) "Authority" means a body created under subch. II of ch. 114
or, subch.
4III of ch. 149
, or subch. III of ch. 635 or under ch. 52, 231, 232, 233, 234, 235, 237, or
5279.
SB707, s. 20
6Section
20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
SB707,10,177
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
8department and any other designated purchasing agent under s. 16.71 (1) shall
9incorporate requirements for the purchase of products made from recycled materials
10and recovered materials if their use is technically and economically feasible. Each
11authority other than the University of Wisconsin Hospitals and Clinics Authority,
12the Lower Fox River Remediation Authority,
the Small Business Health Options
13Program Authority, and the Health Insurance Risk-Sharing Plan Authority, in
14writing specifications for purchasing by the authority, shall incorporate
15requirements for the purchase of products made from recycled materials and
16recovered materials if their use is technically and economically feasible. The
17specifications shall include requirements for the purchase of the following materials:
SB707, s. 21
18Section
21. 16.72 (2) (f) of the statutes is amended to read:
SB707,11,419
16.72
(2) (f) In writing specifications under this subsection, the department,
20any other designated purchasing agent under s. 16.71 (1), and each authority other
21than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
22River Remediation Authority,
the Small Business Health Options Program
23Authority, and the Health Insurance Risk-Sharing Plan Authority shall incorporate
24requirements relating to the recyclability and ultimate disposition of products and,
25wherever possible, shall write the specifications so as to minimize the amount of solid
1waste generated by the state, consistent with the priorities established under s.
2287.05 (12). All specifications under this subsection shall discourage the purchase
3of single-use, disposable products and require, whenever practical, the purchase of
4multiple-use, durable products.
SB707, s. 22
5Section
22. 16.75 (1m) of the statutes is amended to read:
SB707,11,206
16.75
(1m) The department shall award each order or contract for materials,
7supplies or equipment on the basis of life cycle cost estimates, whenever such action
8is appropriate. Each authority other than the University of Wisconsin Hospitals and
9Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin
10Aerospace Authority,
the Small Business Health Options Program Authority, and
11the Health Insurance Risk-Sharing Plan Authority shall award each order or
12contract for materials, supplies or equipment on the basis of life cycle cost estimates,
13whenever such action is appropriate. The terms, conditions and evaluation criteria
14to be applied shall be incorporated in the solicitation of bids or proposals. The life
15cycle cost formula may include, but is not limited to, the applicable costs of energy
16efficiency, acquisition and conversion, money, transportation, warehousing and
17distribution, training, operation and maintenance and disposition or resale. The
18department shall prepare documents containing technical guidance for the
19development and use of life cycle cost estimates, and shall make the documents
20available to local governmental units.
SB707, s. 23
21Section
23. 16.75 (8) (a) 1. of the statutes is amended to read:
SB707,12,422
16.75
(8) (a) 1. The department, any other designated purchasing agent under
23s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
24than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
25River Remediation Authority,
the Small Business Health Options Program
1Authority, and the Health Insurance Risk-Sharing Plan Authority shall, to the
2extent practicable, make purchasing selections using specifications developed under
3s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
4recovered materials.
SB707, s. 24
5Section
24. 16.75 (8) (a) 2. of the statutes is amended to read:
SB707,12,126
16.75
(8) (a) 2. Each agency and authority other than the University of
7Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation
8Authority,
the Small Business Health Options Program Authority, and the Health
9Insurance Risk-Sharing Plan Authority shall ensure that the average recycled or
10recovered content of all paper purchased by the agency or authority measured as a
11proportion, by weight, of the fiber content of paper products purchased in a fiscal
12year, is not less than 40% of all purchased paper.
SB707, s. 25
13Section
25. 16.75 (9) of the statutes is amended to read:
SB707,12,1914
16.75
(9) The department, any other designated purchasing agent under s.
1516.71 (1), any agency making purchases under s. 16.74, and any authority other than
16the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River
17Remediation Authority,
the Small Business Health Options Program Authority, and
18the Health Insurance Risk-Sharing Plan Authority shall, to the extent practicable,
19make purchasing selections using specifications prepared under s. 16.72 (2) (f).
SB707,13,822
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
23Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
24Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
25Business Health Options Program Authority, the Lower Fox River Remediation
1Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
2Sports and Entertainment Corporation shall include in all contracts executed by
3them a provision obligating the contractor not to discriminate against any employee
4or applicant for employment because of age, race, religion, color, handicap, sex,
5physical condition, developmental disability as defined in s. 51.01 (5), sexual
6orientation as defined in s. 111.32 (13m), or national origin and, except with respect
7to sexual orientation, obligating the contractor to take affirmative action to ensure
8equal employment opportunities.
SB707,14,311
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
14Business Health Options Program Authority, the Lower Fox River Remediation
15Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
16Sports and Entertainment Corporation shall include the following provision in every
17contract executed by them: "In connection with the performance of work under this
18contract, the contractor agrees not to discriminate against any employee or applicant
19for employment because of age, race, religion, color, handicap, sex, physical
20condition, developmental disability as defined in s. 51.01 (5), sexual orientation or
21national origin. This provision shall include, but not be limited to, the following:
22employment, upgrading, demotion or transfer; recruitment or recruitment
23advertising; layoff or termination; rates of pay or other forms of compensation; and
24selection for training, including apprenticeship. Except with respect to sexual
25orientation, the contractor further agrees to take affirmative action to ensure equal
1employment opportunities. The contractor agrees to post in conspicuous places,
2available for employees and applicants for employment, notices to be provided by the
3contracting officer setting forth the provisions of the nondiscrimination clause".
SB707,14,126
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
9Business Health Options Program Authority, the Lower Fox River Remediation
10Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center
11Sports and Entertainment Corporation shall take appropriate action to revise the
12standard government contract forms under this section.
SB707,15,715
16.765
(5) The head of each contracting agency and the boards of directors of
16the University of Wisconsin Hospitals and Clinics Authority, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Health
18Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
19Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
20Quality Home Care Authority, and the Bradley Center Sports and Entertainment
21Corporation shall be primarily responsible for obtaining compliance by any
22contractor with the nondiscrimination and affirmative action provisions prescribed
23by this section, according to procedures recommended by the department. The
24department shall make recommendations to the contracting agencies and the boards
25of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
1River Navigational System Authority, the Wisconsin Aerospace Authority, the
2Health Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
3Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
4Quality Home Care Authority, and the Bradley Center Sports and Entertainment
5Corporation for improving and making more effective the nondiscrimination and
6affirmative action provisions of contracts. The department shall promulgate such
7rules as may be necessary for the performance of its functions under this section.
SB707,15,1910
16.765
(6) The department may receive complaints of alleged violations of the
11nondiscrimination provisions of such contracts. The department shall investigate
12and determine whether a violation of this section has occurred. The department may
13delegate this authority to the contracting agency, the University of Wisconsin
14Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
15Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
16the Small Business Health Options Program Authority, the Lower Fox River
17Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley
18Center Sports and Entertainment Corporation for processing in accordance with the
19department's procedures.
SB707,16,822
16.765
(7) (intro.) When a violation of this section has been determined by the
23department, the contracting agency, the University of Wisconsin Hospitals and
24Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
25Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
1Business Health Options Program Authority, the Lower Fox River Remediation
2Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports
3and Entertainment Corporation, the contracting agency, the University of Wisconsin
4Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
5Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
6the Small Business Health Options Program Authority, the Lower Fox River
7Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley
8Center Sports and Entertainment Corporation shall:
SB707,16,1811
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
12further violations of this section and to report its corrective action to the contracting
13agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
14Navigational System Authority, the Wisconsin Aerospace Authority, the Health
15Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
16Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
17Quality Home Care Authority, or the Bradley Center Sports and Entertainment
18Corporation.
SB707,17,1521
16.765
(8) If further violations of this section are committed during the term
22of the contract, the contracting agency, the Fox River Navigational System Authority,
23the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
24Authority,
the Small Business Health Options Program Authority, the Lower Fox
25River Remediation Authority, the Wisconsin Quality Home Care Authority, or the
1Bradley Center Sports and Entertainment Corporation may permit the violating
2party to complete the contract, after complying with this section, but thereafter the
3contracting agency, the Fox River Navigational System Authority, the Wisconsin
4Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Small
5Business Health Options Program Authority, the Lower Fox River Remediation
6Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports
7and Entertainment Corporation shall request the department to place the name of
8the party on the ineligible list for state contracts, or the contracting agency, the Fox
9River Navigational System Authority, the Wisconsin Aerospace Authority, the
10Health Insurance Risk-Sharing Plan Authority,
the Small Business Health Options
11Program Authority, the Lower Fox River Remediation Authority, the Wisconsin
12Quality Home Care Authority, or the Bradley Center Sports and Entertainment
13Corporation may terminate the contract without liability for the uncompleted
14portion or any materials or services purchased or paid for by the contracting party
15for use in completing the contract.
SB707,18,318
16.85
(2) To furnish engineering, architectural, project management, and other
19building construction services whenever requisitions therefor are presented to the
20department by any agency. The department may deposit moneys received from the
21provision of these services in the account under s. 20.505 (1) (kc) or in the general
22fund as general purpose revenue — earned. In this subsection, "agency" means an
23office, department, independent agency, institution of higher education, association,
24society, or other body in state government created or authorized to be created by the
25constitution or any law, which is entitled to expend moneys appropriated by law,
1including the legislature and the courts, but not including an authority created in
2subch. II of ch. 114
or, subch. III of ch. 149
, or subch. III of ch. 635 or in ch. 52, 231,
3233, 234, 237, or 279.
SB707,18,206
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
7proportionate share of the estimated costs attributable to programs administered by
8the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
9may charge premiums to agencies to finance costs under this subsection and pay the
10costs from the appropriation on an actual basis. The department shall deposit all
11collections under this subsection in the appropriation account under s. 20.505 (2) (k).
12Costs assessed under this subsection may include judgments, investigative and
13adjustment fees, data processing and staff support costs, program administration
14costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
15subsection, "agency" means an office, department, independent agency, institution
16of higher education, association, society, or other body in state government created
17or authorized to be created by the constitution or any law, that is entitled to expend
18moneys appropriated by law, including the legislature and the courts, but not
19including an authority created in subch. II of ch. 114
or
, subch. III of ch. 149
, or subch.
20III of ch. 635 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SB707, s. 36
21Section
36. 25.50 (1) (d) of the statutes is amended to read:
