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AB445,9,2318 16.54 (9) (a) 1. “Agency" means an office, department, independent agency,
19institution of higher education, association, society or other body in state
20government created or authorized to be created by the constitution or any law, which
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, but not including an authority created in subch. II of ch. 114 or subch. III of
23ch. 636
or in ch. 231, 233, 234, 237, 238, or 279.
AB445,19 24Section 19. 16.70 (2) of the statutes is amended to read:
AB445,10,2
116.70 (2) “Authority" means a body created under subch. II of ch. 114 or subch.
2III of ch. 636
or under ch. 231, 232, 233, 234, 237, or 279.
AB445,20 3Section 20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB445,10,134 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the
5department and any other designated purchasing agent under s. 16.71 (1) shall
6incorporate requirements for the purchase of products made from recycled materials
7and recovered materials if their use is technically and economically feasible. Each
8authority other than the University of Wisconsin Hospitals and Clinics Authority
9and, the Lower Fox River Remediation Authority, and the Badger Health Benefit
10Authority,
in writing specifications for purchasing by the authority, shall incorporate
11requirements for the purchase of products made from recycled materials and
12recovered materials if their use is technically and economically feasible. The
13specifications shall include requirements for the purchase of the following materials:
AB445,21 14Section 21. 16.72 (2) (f) of the statutes is amended to read:
AB445,10,2415 16.72 (2) (f) In writing specifications under this subsection, the department,
16any other designated purchasing agent under s. 16.71 (1), and each authority other
17than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox
18River Remediation Authority, and the Badger Health Benefit Authority shall
19incorporate requirements relating to the recyclability and ultimate disposition of
20products and, wherever possible, shall write the specifications so as to minimize the
21amount of solid waste generated by the state, consistent with the priorities
22established under s. 287.05 (12). All specifications under this subsection shall
23discourage the purchase of single-use, disposable products and require, whenever
24practical, the purchase of multiple-use, durable products.
AB445,22 25Section 22. 16.75 (1m) of the statutes is amended to read:
AB445,11,14
116.75 (1m) The department shall award each order or contract for materials,
2supplies, or equipment on the basis of life cycle cost estimates, whenever such action
3is appropriate. Each authority other than the University of Wisconsin Hospitals and
4Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
5Aerospace Authority, and the Badger Health Benefit Authority shall award each
6order or contract for materials, supplies, or equipment on the basis of life cycle cost
7estimates, whenever such action is appropriate. The terms, conditions , and
8evaluation criteria to be applied shall be incorporated in the solicitation of bids or
9proposals. The life cycle cost formula may include, but is not limited to, the
10applicable costs of energy efficiency, acquisition and conversion, money,
11transportation, warehousing and distribution, training, operation and maintenance
12and disposition or resale. The department shall prepare documents containing
13technical guidance for the development and use of life cycle cost estimates, and shall
14make the documents available to local governmental units.
AB445,23 15Section 23. 16.75 (8) (am) of the statutes is amended to read:
AB445,11,2216 16.75 (8) (am) The department, any other designated purchasing agent under
17s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
18than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox
19River Remediation Authority, and the Badger Health Benefit Authority shall, to the
20extent practicable, make purchasing selections using specifications developed under
21s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
22recovered materials.
AB445,24 23Section 24. 16.75 (8) (bm) of the statutes is amended to read:
AB445,12,424 16.75 (8) (bm) Each agency and authority other than the University of
25Wisconsin Hospitals and Clinics Authority and, the Lower Fox River Remediation

1Authority, and the Badger Health Benefit Authority shall ensure that the average
2recycled or recovered content of all paper purchased by the agency or authority
3measured as a proportion, by weight, of the fiber content of paper products purchased
4in a fiscal year, is not less than 40 percent of all purchased paper.
AB445,25 5Section 25. 16.75 (9) of the statutes is amended to read:
AB445,12,116 16.75 (9) The department, any other designated purchasing agent under s.
716.71 (1), any agency making purchases under s. 16.74, and any authority other than
8the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox
9River Remediation Authority, and the Badger Health Benefit Authority shall, to the
10extent practicable, make purchasing selections using specifications prepared under
11s. 16.72 (2) (f).
AB445,26 12Section 26. 16.765 (1) of the statutes is amended to read:
AB445,12,2313 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
14Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
15Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
16Remediation Authority, the Wisconsin Economic Development Corporation, and the
17Bradley Center Sports and Entertainment Corporation shall include in all contracts
18executed by them a provision obligating the contractor not to discriminate against
19any employee or applicant for employment because of age, race, religion, color,
20handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5),
21sexual orientation as defined in s. 111.32 (13m), or national origin and, except with
22respect to sexual orientation, obligating the contractor to take affirmative action to
23ensure equal employment opportunities.
AB445,27 24Section 27. 16.765 (2) of the statutes is amended to read:
AB445,13,17
116.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
2Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
3Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
4Remediation Authority, the Wisconsin Economic Development Corporation, and the
5Bradley Center Sports and Entertainment Corporation shall include the following
6provision in every contract executed by them: “In connection with the performance
7of work under this contract, the contractor agrees not to discriminate against any
8employee or applicant for employment because of age, race, religion, color, handicap,
9sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual
10orientation or national origin. This provision shall include, but not be limited to, the
11following: employment, upgrading, demotion or transfer; recruitment or recruitment
12advertising; layoff or termination; rates of pay or other forms of compensation; and
13selection for training, including apprenticeship. Except with respect to sexual
14orientation, the contractor further agrees to take affirmative action to ensure equal
15employment opportunities. The contractor agrees to post in conspicuous places,
16available for employees and applicants for employment, notices to be provided by the
17contracting officer setting forth the provisions of the nondiscrimination clause".
AB445,28 18Section 28. 16.765 (4) of the statutes is amended to read:
AB445,13,2419 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
22Remediation Authority, and the Bradley Center Sports and Entertainment
23Corporation shall take appropriate action to revise the standard government
24contract forms under this section.
AB445,29 25Section 29. 16.765 (5) of the statutes is amended to read:
AB445,14,17
116.765 (5) The head of each contracting agency and the boards of directors of
2the University of Wisconsin Hospitals and Clinics Authority, the Fox River
3Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
4Health Benefit Authority,
the Lower Fox River Remediation Authority, the
5Wisconsin Economic Development Corporation, and the Bradley Center Sports and
6Entertainment Corporation shall be primarily responsible for obtaining compliance
7by any contractor with the nondiscrimination and affirmative action provisions
8prescribed by this section, according to procedures recommended by the department.
9The department shall make recommendations to the contracting agencies and the
10boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
11the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
12the Badger Health Benefit Authority, the Lower Fox River Remediation Authority,
13the Wisconsin Economic Development Corporation, and the Bradley Center Sports
14and Entertainment Corporation for improving and making more effective the
15nondiscrimination and affirmative action provisions of contracts. The department
16shall promulgate such rules as may be necessary for the performance of its functions
17under this section.
AB445,30 18Section 30. 16.765 (6) of the statutes is amended to read:
AB445,15,219 16.765 (6) The department may receive complaints of alleged violations of the
20nondiscrimination provisions of such contracts. The department shall investigate
21and determine whether a violation of this section has occurred. The department may
22delegate this authority to the contracting agency, the University of Wisconsin
23Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
24Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox
25River Remediation Authority, the Wisconsin Economic Development Corporation, or

1the Bradley Center Sports and Entertainment Corporation for processing in
2accordance with the department's procedures.
AB445,31 3Section 31. 16.765 (7) (intro.) of the statutes is amended to read:
AB445,15,144 16.765 (7) (intro.) When a violation of this section has been determined by the
5department, the contracting agency, the University of Wisconsin Hospitals and
6Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
7Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
8Remediation Authority, the Wisconsin Economic Development Corporation, or the
9Bradley Center Sports and Entertainment Corporation, the contracting agency, the
10University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
11System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit
12Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
13Development Corporation, or the Bradley Center Sports and Entertainment
14Corporation shall:
AB445,32 15Section 32. 16.765 (7) (d) of the statutes is amended to read:
AB445,15,2216 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
17further violations of this section and to report its corrective action to the contracting
18agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
19Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
20Health Benefit Authority,
the Lower Fox River Remediation Authority, the
21Wisconsin Economic Development Corporation, or the Bradley Center Sports and
22Entertainment Corporation.
AB445,33 23Section 33. 16.765 (8) of the statutes is amended to read:
AB445,16,1624 16.765 (8) If further violations of this section are committed during the term
25of the contract, the contracting agency, the Fox River Navigational System Authority,

1the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
2Fox River Remediation Authority, the Wisconsin Economic Development
3Corporation, or the Bradley Center Sports and Entertainment Corporation may
4permit the violating party to complete the contract, after complying with this section,
5but thereafter the contracting agency, the Fox River Navigational System Authority,
6the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
7Fox River Remediation Authority, the Wisconsin Economic Development
8Corporation, or the Bradley Center Sports and Entertainment Corporation shall
9request the department to place the name of the party on the ineligible list for state
10contracts, or the contracting agency, the Fox River Navigational System Authority,
11the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
12Fox River Remediation Authority, the Wisconsin Economic Development
13Corporation, or the Bradley Center Sports and Entertainment Corporation may
14terminate the contract without liability for the uncompleted portion or any materials
15or services purchased or paid for by the contracting party for use in completing the
16contract.
AB445,34 17Section 34. 16.85 (2) of the statutes is amended to read:
AB445,17,218 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. 636 or in ch. 231, 233, 234, 237, 238, or 279.
AB445,35 3Section 35. 16.865 (8) of the statutes is amended to read:
AB445,17,184 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
5proportionate share of the estimated costs attributable to programs administered by
6the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
7may charge premiums to agencies to finance costs under this subsection and pay the
8costs from the appropriation on an actual basis. The department shall deposit all
9collections under this subsection in the appropriation account under s. 20.505 (2) (k).
10Costs assessed under this subsection may include judgments, investigative and
11adjustment fees, data processing and staff support costs, program administration
12costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
13subsection, “agency" means an office, department, independent agency, institution
14of higher education, association, society, or other body in state government created
15or authorized to be created by the constitution or any law, that is entitled to expend
16moneys appropriated by law, including the legislature and the courts, but not
17including an authority created in subch. II of ch. 114 or subch. III of ch. 636 or in ch.
18231, 232, 233, 234, 237, 238, or 279.
AB445,36 19Section 36. 25.50 (1) (d) of the statutes is amended to read:
AB445,18,420 25.50 (1) (d) “Local government" means any county, town, village, city, power
21district, sewerage district, drainage district, town sanitary district, public inland
22lake protection and rehabilitation district, local professional baseball park district
23created under subch. III of ch. 229, long-term care district under s. 46.2895, local
24professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, public library system, school

1district or technical college district in this state, any commission, committee, board
2or officer of any governmental subdivision of this state, any court of this state, other
3than the court of appeals or the supreme court, or any authority created under s.
4114.61, 231.02, 233.02, or 234.02, or 636.70.
AB445,37 5Section 37. 40.02 (54) (n) of the statutes is created to read:
AB445,18,66 40.02 (54) (n) The Badger Health Benefit Authority.
AB445,38 7Section 38. 49.45 (2) (a) 3. of the statutes is amended to read:
AB445,18,128 49.45 (2) (a) 3. Determine Subject to s. 636.30 (1) (o), determine the eligibility
9of persons for medical assistance, rehabilitative, and social services under ss. 49.46,
1049.468, 49.47, and 49.471 and rules and policies adopted by the department and may,
11under a contract under s. 49.78 (2), delegate all, or any portion, of this function to the
12county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.
AB445,39 13Section 39. 70.11 (41c) of the statutes is created to read:
AB445,18,1614 70.11 (41c) Badger Health Benefit Authority. All property owned by the
15Badger Health Benefit Authority, provided that the use of the property is primarily
16related to the purposes of the authority.
AB445,40 17Section 40. 71.26 (1) (be) of the statutes is amended to read:
AB445,18,2118 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
19Hospitals and Clinics Authority, of the Badger Health Benefit Authority, of the Fox
20River Navigational System Authority, of the Wisconsin Economic Development
21Corporation, and of the Wisconsin Aerospace Authority.
AB445,41 22Section 41. 77.54 (9a) (a) of the statutes is amended to read:
AB445,19,223 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
24Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Badger

1Health Benefit Authority,
the Wisconsin Economic Development Corporation, and
2the Fox River Navigational System Authority.
AB445,42 3Section 42. 101.055 (2) (a) of the statutes is amended to read:
AB445,19,74 101.055 (2) (a) “Agency" means an office, department, independent agency,
5authority, institution, association, society, or other body in state government created
6or authorized to be created by the constitution or any law, and includes the
7legislature and the courts, but excludes the Badger Health Benefit Authority.
AB445,43 8Section 43. 230.03 (3) of the statutes is amended to read:
AB445,19,189 230.03 (3) “Agency" means any board, commission, committee, council, or
10department in state government or a unit thereof created by the constitution or
11statutes if such board, commission, committee, council, department, unit, or the
12head thereof, is authorized to appoint subordinate staff by the constitution or
13statute, except the Board of Regents of the University of Wisconsin System, a
14legislative or judicial board, commission, committee, council, department, or unit
15thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 636 or
16under ch. 231, 232, 233, 234, 237, 238, or 279. “Agency" does not mean any local unit
17of government or body within one or more local units of government that is created
18by law or by action of one or more local units of government.
AB445,44 19Section 44. 230.80 (4) of the statutes is amended to read:
AB445,20,220 230.80 (4) “Governmental unit" means any association, authority, board,
21commission, department, independent agency, institution, office, society, or other
22body in state government created or authorized to be created by the constitution or
23any law, including the legislature, the office of the governor, and the courts, but
24excluding the Badger Health Benefit Authority
. “Governmental unit" does not mean

1any political subdivision of the state or body within one or more political subdivisions
2that is created by law or by action of one or more political subdivisions.
AB445,45 3Section 45. 230.90 (1) (c) of the statutes is amended to read:
AB445,20,114 230.90 (1) (c) “Governmental unit" means any association, authority, board,
5commission, department, independent agency, institution, office, society or other
6body in state government created or authorized to be created by the constitution or
7any law, including the legislature, the office of the governor and the courts.
8“Governmental unit" does not mean the University of Wisconsin Hospitals and
9Clinics Authority, the Badger Health Benefit Authority, or any political subdivision
10of the state or body within one or more political subdivisions which is created by law
11or by action of one or more political subdivisions.
AB445,46 12Section 46. 635.18 (1) of the statutes is amended to read:
AB445,20,1413 635.18 (1) Every Any small employer insurer shall may actively market health
14benefit plan coverage to small employers in the state.
AB445,47 15Section 47. Chapter 636 of the statutes is created to read:
AB445,20,1716 chapter 636
17 health benefit plan exchange
AB445,20,1918 subchapter I
19 general provisions
AB445,20,20 20636.01 Definitions. In this chapter:
AB445,20,21 21(1) “Authority" means the Badger Health Benefit Authority.
AB445,20,24 22(2) “Educated health care consumer" means an individual who is
23knowledgeable about the health care system and who has background or experience
24in making informed decisions regarding health, medical, and scientific matters.
AB445,21,4
1(3) “Federal act" means the federal Patient Protection and Affordable Care Act,
2P.L. 111-148, as amended by the federal Health Care and Education Reconciliation
3Act of 2010, P.L. 111-152, and any amendments to, or regulations or guidance issued
4under, those acts.
AB445,21,7 5(4) (a) Except as provided in pars. (b) to (e), “health benefit plan" means a policy,
6contract, certificate, or agreement offered or issued by a health carrier to provide,
7deliver, arrange for, pay for, or reimburse any of the costs of health care services.
AB445,21,88 (b) “Health benefit plan" does not include any of the following:
AB445,21,109 1. Coverage only for accident, or disability income insurance, or any
10combination of those.
AB445,21,1111 2. Coverage issued as a supplement to liability insurance.
AB445,21,1312 3. Liability insurance, including general liability insurance and automobile
13liability insurance.
AB445,21,1414 4. Worker's compensation or similar insurance.
AB445,21,1515 5. Automobile medical payment insurance.
AB445,21,1616 6. Credit-only insurance.
AB445,21,1717 7. Coverage for on-site medical clinics.
AB445,21,2018 8. Other similar insurance coverage, specified in federal regulations issued
19under P.L. 104-191, under which benefits for health care services are secondary or
20incidental to other insurance benefits.
AB445,21,2321 (c) “Health benefit plan" does not include any of the following benefits if they
22are provided under a separate policy, certificate, or contract of insurance or otherwise
23not an integral part of the plan:
AB445,21,2424 1. Limited scope dental or vision benefits.
AB445,22,2
12. Benefits for long-term care, nursing home care, home health care,
2community-based care, or any combination of those.
AB445,22,43 3. Other similar, limited benefits specified in federal regulations issued under
4P.L. 104-191.
AB445,22,115 (d) “Health benefit plan" does not include any of the following benefits if the
6benefits are provided under a separate policy, certificate, or contract of insurance,
7there is no coordination between the provision of the benefits and any exclusion of
8benefits under any group health plan maintained by the same plan sponsor, and the
9benefits are paid with respect to an event without regard to whether benefits are
10provided with respect to such an event under any group health plan maintained by
11the same plan sponsor:
AB445,22,1212 1. Coverage only for a specified disease or illness.
AB445,22,1313 2. Hospital indemnity or other fixed indemnity insurance.
AB445,22,1514 (e) “Health benefit plan" does not include any of the following if offered as a
15separate policy, certificate, or contract of insurance:
AB445,22,1716 1. Medicare supplemental health insurance as defined under section 1882 (g)
17(1) of the federal Social Security Act.
AB445,22,1918 2. Coverage supplemental to the coverage provided under the Civilian Health
19and Medical Program of the Uniformed Services 10 USC ch. 55.
AB445,22,2120 3. Similar coverage supplemental to coverage provided under a group health
21plan.
AB445,23,3 22(5) “Health carrier" means an entity subject to the insurance laws and rules
23of this state, or subject to the jurisdiction of the commissioner, that contracts or offers
24to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of
25health care services, including a sickness and accident insurance company, a health

1maintenance organization, a nonprofit hospital and health service corporation, or
2any other entity providing a plan of health insurance, health benefits, or health
3services.
AB445,23,5 4(5m) “Minimum essential coverage" has the meaning given in 26 USC 5000A
5(f) (1).
AB445,23,7 6(6) “Qualified dental plan" means a limited scope dental plan that has been
7certified in accordance with s. 636.42 (5).
AB445,23,11 8(7) “Qualified employer" means a small employer that elects to make its
9full-time employees eligible for one or more qualified health plans offered through
10the SHOP Exchange and, at the option of the employer, some or all of its part-time
11employees, provided that the employer satisfies any of the following:
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