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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.
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