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Please see http://docs.legis.wisconsin.gov for the production version.
July 19, 2017 - Introduced by Representatives Sargent, Anderson, Berceau,
Brostoff, Considine, Crowley, Hebl, Kessler, Kolste, Ohnstad, Pope,
Shankland, Sinicki, Subeck, C. Taylor and Zamarripa, cosponsored by
Senators Larson, Carpenter, Hansen, Johnson, Miller and Vinehout.
Referred to Committee on Insurance.
AB445,2,2 1An Act to amend 1.12 (1) (b), 13.172 (1), 13.62 (2), 13.95 (intro.), 16.002 (2),
216.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab), 16.41 (4),
316.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70 (2), 16.72
4(2) (e) (intro.), 16.72 (2) (f), 16.75 (1m), 16.75 (8) (am), 16.75 (8) (bm), 16.75 (9),
516.765 (1), 16.765 (2), 16.765 (4), 16.765 (5), 16.765 (6), 16.765 (7) (intro.),
616.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 25.50 (1) (d), 49.45 (2) (a) 3., 71.26
7(1) (be), 77.54 (9a) (a), 101.055 (2) (a), 230.03 (3), 230.80 (4), 230.90 (1) (c) and
8635.18 (1); and to create 13.94 (1) (dj), 13.94 (1s) (c) 9., 40.02 (54) (n), 70.11 (41c)
9and chapter 636 of the statutes; relating to: the Badger Health Benefit

1Authority, health benefit exchange operation, granting rule-making authority,
2and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill requires the establishment and operation of a Wisconsin Health
Benefit Exchange, which is administered by the Badger Health Benefit Authority
that is also created in the bill.
Badger Health Benefit Authority
This bill creates the Badger Health Benefit 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, the secretary of employee trust funds, the director of the
state Medical Assistance program, the executive directors of the Wisconsin
Collaborative for Healthcare Quality and the Wisconsin Health Information
Organization, 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, a representative of organized
labor, and an individual with experience in health care administration. The
chairperson of the board is the commissioner. The board 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. The bill also imposes restrictions on board members and the
authority's executive director pertaining to conflicts of interest and requires board
members and the executive director to file financial disclosures.

Health benefit exchange
Under the bill, the authority must establish and operate a Wisconsin Health
Benefit Exchange in this state, must make qualified health plans, with effective
dates on or before January 1, 2018, available to qualified individuals and qualified
employers, and must seek federal grants and other funding for the purpose of the
exchange. A qualified health plan is defined in the bill, generally, as a health benefit
plan that covers the costs of health care services and that meets the certification
criteria described in the federal Patient Protection and Affordable Care Act
(PPACA). A qualified individual is defined in the bill, generally, as a citizen or
national of the United States, or an alien lawfully present in the United States, who
is not imprisoned in a correctional facility and who resides in this state. A qualified
employer is defined in the bill, generally, as a small employer with not more than 100
employees that either 1) has its principal place of business in this state and elects
to provide coverage to all of its eligible employees, wherever employed, through the
small business health options program component of the exchange (SHOP
Exchange) established by the authority; or 2) elects to provide coverage through the
SHOP Exchange to all of its eligible employees who are principally employed in this
state.
Only health benefit plans that are certified by the authority as qualified health
plans may be offered through the exchange. To be certified as a qualified health plan,
a health benefit plan must provide the essential health benefits package described
in PPACA, its premium rates and contract language must have been filed with and
not disapproved by the commissioner, it must provide at least a bronze level of
coverage, as determined by the authority in accordance with criteria developed by
the secretary of the federal Department of Health and Human Services, its cost
sharing must not exceed limits established in PPACA, the insurer offering it must
meet specified criteria, and the authority must determine that making the plan
available through the exchange is in the interest of qualified individuals and
qualified employers in this state.
The authority must assign a rating to, and determine the level of coverage of,
each qualified health plan offered through the exchange. The levels of coverage
under PPACA are bronze, silver, gold, and platinum, and are based on what
percentage of the full actuarial value of the benefits provided under the plan the
benefits under the plan provides. An eligible employee of a qualified employer that
provides coverage through the SHOP Exchange may enroll in any qualified health
plan offered through the SHOP Exchange at the level of coverage specified by his or
her employer.
After the exchange begins operating, no insurer may offer or issue health
benefit plan coverage in this state to an individual or a small employer except
through the exchange. Although any insurer that is authorized to do business in this
state in one or more lines of insurance that includes health insurance may offer
qualified health plans through the exchange, a health benefit plan may not be
certified as a qualified health plan unless the insurer that offers it, among other
things, is in good standing, charges the same premium for the plan regardless of
whether it is offered directly by the insurer or through an insurance intermediary,

offers through the exchange at least one qualified health plan in each of the silver
and gold levels of coverage, and complies with regulations of the federal DHHS and
any other requirements established by the authority. In addition, any insurer that
seeks certification of a health benefit plan as a qualified health plan must provide
a justification for any premium increase; must make specified information available
to the public, such as data on enrollment and on the number of claims denied, claims
payment policies and practices, and financial disclosures; and must permit
individuals enrolled in the plan to learn the amount that an individual would be
responsible for paying toward the cost of a specific item or service.
An insurer that offers coverage through the exchange must establish a toll-free
hotline for providing information to enrollees and must pay a commission,
determined by the authority, to an insurance intermediary who enrolls a qualified
individual or employees of a qualified employer in a qualified health plan offered by
the insurer through the exchange. For determining premiums, an insurer that offers
coverage through the exchange may pool together all individuals and employees with
coverage under all of the plans issued by the insurer through the exchange. To pay
administrative expenses of the exchange, the authority may impose on each insurer
offering plans through the exchange a surcharge that is based on the insurer's total
premium or flat dollar amount per enrollee collected through the exchange.
The bill sets out numerous responsibilities for the authority with respect to the
exchange. In addition to the administrative duties related to certifying and rating
health benefit plans and enrolling qualified individuals and qualified employers, the
authority must provide for the operation of a toll-free telephone hotline to respond
to requests for assistance; establish an appeals process; establish and operate a
service center to provide information; publicize the exchange; maintain an Internet
site with comparative information about qualified health plans; screen applicants for
eligibility for Medical Assistance and, if eligible, assist them to enroll in Medical
Assistance; select, and award grants to, entities to serve as navigators for conducting
public education activities and distributing information about, and facilitating
enrollment in, qualified health plans; review the rate of premium growth within the
exchange and outside of the exchange; and develop recommendations on whether
qualified employers should be limited to small employers. The authority may
establish risk adjustment mechanisms for the exchange, contract with a third-party
administrator for services on behalf of the exchange, and establish sub-exchanges
or other exchanges provided for under federal law. The authority must keep an
accounting of all exchange-related activities and receipts and expenditures and
annually submit a report of the accounting to the federal DHHS, the governor, the
commissioner, and the legislature.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.

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:
AB445,1 1Section 1. 1.12 (1) (b) of the statutes is amended to read:
AB445,5,72 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 Badger Health Benefit Authority and
7the Wisconsin Economic Development Corporation.
AB445,2 8Section 2. 13.172 (1) of the statutes is amended to read:
AB445,5,149 13.172 (1) In this section, “agency" means an office, department, agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 636 or in
14ch. 231, 233, 234, 238, or 279.
AB445,3 15Section 3. 13.62 (2) of the statutes is amended to read:
AB445,5,2016 13.62 (2) “Agency" means any board, commission, department, office, society,
17institution of higher education, council, or committee in the state government, or any
18authority created in subch. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 232, 233,
19234, 237, 238, or 279, except that the term does not include a council or committee
20of the legislature.
AB445,4 21Section 4. 13.94 (1) (dj) of the statutes is created to read:
AB445,6,5
113.94 (1) (dj) At least once every 2 years, perform a financial audit and
2performance evaluation audit of any health benefit plan exchange under subch. II
3of ch. 636 and an audit of the Badger Health Benefit Authority's policies and
4management practices and file copies of each audit report under this paragraph with
5the distributees specified in par. (b).
AB445,5 6Section 5. 13.94 (1s) (c) 9. of the statutes is created to read:
AB445,6,87 13.94 (1s) (c) 9. The Badger Health Benefit Authority for the cost of the audit
8under sub. (1) (dj).
AB445,6 9Section 6. 13.95 (intro.) of the statutes is amended to read:
AB445,6,22 1013.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
11known as the “Legislative Fiscal Bureau" headed by a director. The fiscal bureau
12shall be strictly nonpartisan and shall at all times observe the confidential nature
13of the research requests received by it; however, with the prior approval of the
14requester in each instance, the bureau may duplicate the results of its research for
15distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
16designated employees shall at all times, with or without notice, have access to all
17state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
18Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox
19River Remediation Authority, the Wisconsin Economic Development Corporation,
20and the Fox River Navigational System Authority, and to any books, records, or other
21documents maintained by such agencies or authorities and relating to their
22expenditures, revenues, operations, and structure.
AB445,7 23Section 7. 16.002 (2) of the statutes is amended to read:
AB445,7,324 16.002 (2) “Departments" means constitutional offices, departments, and
25independent agencies and includes all societies, associations, and other agencies of

1state government for which appropriations are made by law, but not including
2authorities created in subch. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 232,
3233, 234, 237, 238, or 279.
AB445,8 4Section 8. 16.004 (4) of the statutes is amended to read:
AB445,7,105 16.004 (4) Freedom of access. The secretary and such employees of the
6department as the secretary designates may enter into the offices of state agencies
7and authorities created under subch. II of ch. 114 and subch. III of ch. 636 and under
8chs. 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and
9any other matter that in the secretary's judgment should be examined and may
10interrogate the agency's employees publicly or privately relative thereto.
AB445,9 11Section 9. 16.004 (5) of the statutes is amended to read:
AB445,7,1612 16.004 (5) Agencies and employees to cooperate. All state agencies and
13authorities created under subch. II of ch. 114 and subch. III of ch. 636 and under chs.
14231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
15with the secretary and shall comply with every request of the secretary relating to
16his or her functions.
AB445,10 17Section 10. 16.004 (12) (a) of the statutes is amended to read:
AB445,7,2518 16.004 (12) (a) In this subsection, “state agency" means an association,
19authority, board, department, commission, independent agency, institution, office,
20society, or other body in state government created or authorized to be created by the
21constitution or any law, including the legislature, the office of the governor, and the
22courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
23the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the
24Wisconsin Economic Development Corporation, the Badger Health Benefit
25Authority,
and the Fox River Navigational System Authority.
AB445,11
1Section 11. 16.045 (1) (a) of the statutes is amended to read:
AB445,8,72 16.045 (1) (a) “Agency" means an office, department, independent agency,
3institution of higher education, association, society, or other body in state
4government created or authorized to be created by the constitution or any law, that
5is entitled to expend moneys appropriated by law, including the legislature and the
6courts, but not including an authority created in subch. II of ch. 114 or subch. III of
7ch. 636
or in ch. 231, 232, 233, 234, 237, 238, or 279.
AB445,12 8Section 12. 16.15 (1) (ab) of the statutes is amended to read:
AB445,8,129 16.15 (1) (ab) “Authority" has the meaning given under s. 16.70 (2), but
10excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
11River Remediation Authority, and the Wisconsin Economic Development
12Corporation, and the Badger Health Benefit Authority.
AB445,13 13Section 13. 16.41 (4) of the statutes is amended to read:
AB445,8,1514 16.41 (4) In this section, “authority" means a body created under subch. II of
15ch. 114 or subch. III of ch. 636 or under ch. 231, 233, 234, 237, 238, or 279.
AB445,14 16Section 14. 16.417 (1) (a) of the statutes is amended to read:
AB445,8,2117 16.417 (1) (a) “Agency" means an office, department, independent agency,
18institution of higher education, association, society, or other body in state
19government created or authorized to be created by the constitution or any law, that
20is entitled to expend moneys appropriated by law, including the legislature and the
21courts, but not including an authority or the body created under subch. III of ch. 636.
AB445,15 22Section 15. 16.52 (7) of the statutes is amended to read:
AB445,9,723 16.52 (7) Petty cash account. With the approval of the secretary, each agency
24that is authorized to maintain a contingent fund under s. 20.920 may establish a
25petty cash account from its contingent fund. The procedure for operation and

1maintenance of petty cash accounts and the character of expenditures therefrom
2shall be prescribed by the secretary. In this subsection, “agency" means an office,
3department, independent agency, institution of higher education, association,
4society, or other body in state government created or authorized to be created by the
5constitution or any law, that is entitled to expend moneys appropriated by law,
6including the legislature and the courts, but not including an authority created in
7subch. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 233, 234, 237, 238, or 279.
AB445,16 8Section 16. 16.528 (1) (a) of the statutes is amended to read:
AB445,9,149 16.528 (1) (a) “Agency" means an office, department, independent agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, but not including an authority created in subch. II of ch. 114 or subch. III of
14ch. 636
or in ch. 231, 233, 234, 237, 238, or 279.
AB445,17 15Section 17. 16.53 (2) of the statutes is amended to read:
AB445,9,2416 16.53 (2) Improper invoices. If an agency receives an improperly completed
17invoice, the agency shall notify the sender of the invoice within 10 working days after
18it receives the invoice of the reason it is improperly completed. In this subsection,
19“agency" means an office, department, independent agency, institution of higher
20education, association, society, or other body in state government created or
21authorized to be created by the constitution or any law, that is entitled to expend
22moneys appropriated by law, including the legislature and the courts, but not
23including an authority created in subch. II of ch. 114 or subch. III of ch. 636 or in ch.
24231, 233, 234, 237, 238, or 279.
AB445,18 25Section 18. 16.54 (9) (a) 1. of the statutes is amended to read:
AB445,10,6
116.54 (9) (a) 1. “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, which
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. 636
or in ch. 231, 233, 234, 237, 238, or 279.
AB445,19 7Section 19. 16.70 (2) of the statutes is amended to read:
AB445,10,98 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or subch.
9III of ch. 636
or under ch. 231, 232, 233, 234, 237, or 279.
AB445,20 10Section 20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB445,10,2011 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the
12department and any other designated purchasing agent under s. 16.71 (1) shall
13incorporate requirements for the purchase of products made from recycled materials
14and recovered materials if their use is technically and economically feasible. Each
15authority other than the University of Wisconsin Hospitals and Clinics Authority
16and, the Lower Fox River Remediation Authority, and the Badger Health Benefit
17Authority,
in writing specifications for purchasing by the authority, shall incorporate
18requirements for the purchase of products made from recycled materials and
19recovered materials if their use is technically and economically feasible. The
20specifications shall include requirements for the purchase of the following materials:
AB445,21 21Section 21. 16.72 (2) (f) of the statutes is amended to read:
AB445,11,622 16.72 (2) (f) In writing specifications under this subsection, the department,
23any other designated purchasing agent under s. 16.71 (1), and each authority other
24than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox
25River Remediation Authority, and the Badger Health Benefit Authority shall

1incorporate requirements relating to the recyclability and ultimate disposition of
2products and, wherever possible, shall write the specifications so as to minimize the
3amount of solid waste generated by the state, consistent with the priorities
4established under s. 287.05 (12). All specifications under this subsection shall
5discourage the purchase of single-use, disposable products and require, whenever
6practical, the purchase of multiple-use, durable products.
AB445,22 7Section 22. 16.75 (1m) of the statutes is amended to read:
AB445,11,218 16.75 (1m) The department shall award each order or contract for materials,
9supplies, or equipment on the basis of life cycle cost estimates, whenever such action
10is appropriate. Each authority other than the University of Wisconsin Hospitals and
11Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
12Aerospace Authority, and the Badger Health Benefit Authority shall award each
13order or contract for materials, supplies, or equipment on the basis of life cycle cost
14estimates, whenever such action is appropriate. The terms, conditions , and
15evaluation criteria to be applied shall be incorporated in the solicitation of bids or
16proposals. The life cycle cost formula may include, but is not limited to, the
17applicable costs of energy efficiency, acquisition and conversion, money,
18transportation, warehousing and distribution, training, operation and maintenance
19and disposition or resale. The department shall prepare documents containing
20technical guidance for the development and use of life cycle cost estimates, and shall
21make the documents available to local governmental units.
AB445,23 22Section 23. 16.75 (8) (am) of the statutes is amended to read:
AB445,12,423 16.75 (8) (am) The department, any other designated purchasing agent under
24s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
25than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox

1River Remediation Authority, and the Badger Health Benefit 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.
AB445,24 5Section 24. 16.75 (8) (bm) of the statutes is amended to read:
AB445,12,116 16.75 (8) (bm) Each agency and authority other than the University of
7Wisconsin Hospitals and Clinics Authority and , the Lower Fox River Remediation
8Authority, and the Badger Health Benefit Authority shall ensure that the average
9recycled or recovered content of all paper purchased by the agency or authority
10measured as a proportion, by weight, of the fiber content of paper products purchased
11in a fiscal year, is not less than 40 percent of all purchased paper.
AB445,25 12Section 25. 16.75 (9) of the statutes is amended to read:
AB445,12,1813 16.75 (9) The department, any other designated purchasing agent under s.
1416.71 (1), any agency making purchases under s. 16.74, and any authority other than
15the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox
16River Remediation Authority, and the Badger Health Benefit Authority shall, to the
17extent practicable, make purchasing selections using specifications prepared under
18s. 16.72 (2) (f).
AB445,26 19Section 26. 16.765 (1) of the statutes is amended to read:
AB445,13,520 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
21Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
22Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
23Remediation Authority, the Wisconsin Economic Development Corporation, and the
24Bradley Center Sports and Entertainment Corporation shall include in all contracts
25executed by them a provision obligating the contractor not to discriminate against

1any employee or applicant for employment because of age, race, religion, color,
2handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5),
3sexual orientation as defined in s. 111.32 (13m), or national origin and, except with
4respect to sexual orientation, obligating the contractor to take affirmative action to
5ensure equal employment opportunities.
AB445,27 6Section 27. 16.765 (2) of the statutes is amended to read:
AB445,13,237 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
8Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
9Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
10Remediation Authority, the Wisconsin Economic Development Corporation, and the
11Bradley Center Sports and Entertainment Corporation shall include the following
12provision in every contract executed by them: “In connection with the performance
13of work under this contract, the contractor agrees not to discriminate against any
14employee or applicant for employment because of age, race, religion, color, handicap,
15sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual
16orientation or national origin. This provision shall include, but not be limited to, the
17following: employment, upgrading, demotion or transfer; recruitment or recruitment
18advertising; layoff or termination; rates of pay or other forms of compensation; and
19selection for training, including apprenticeship. Except with respect to sexual
20orientation, the contractor further agrees to take affirmative action to ensure equal
21employment opportunities. The contractor agrees to post in conspicuous places,
22available for employees and applicants for employment, notices to be provided by the
23contracting officer setting forth the provisions of the nondiscrimination clause".
AB445,28 24Section 28. 16.765 (4) of the statutes is amended to read:
AB445,14,6
116.765 (4) 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, and the Bradley Center Sports and Entertainment
5Corporation shall take appropriate action to revise the standard government
6contract forms under this section.
AB445,29 7Section 29. 16.765 (5) of the statutes is amended to read:
AB445,14,248 16.765 (5) The head of each contracting agency and the boards of directors of
9the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
11Health Benefit Authority,
the Lower Fox River Remediation Authority, the
12Wisconsin Economic Development Corporation, and the Bradley Center Sports and
13Entertainment Corporation shall be primarily responsible for obtaining compliance
14by any contractor with the nondiscrimination and affirmative action provisions
15prescribed by this section, according to procedures recommended by the department.
16The department shall make recommendations to the contracting agencies and the
17boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
18the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
19the Badger Health Benefit Authority, the Lower Fox River Remediation Authority,
20the Wisconsin Economic Development Corporation, and the Bradley Center Sports
21and Entertainment Corporation for improving and making more effective the
22nondiscrimination and affirmative action provisions of contracts. The department
23shall promulgate such rules as may be necessary for the performance of its functions
24under this section.
AB445,30 25Section 30. 16.765 (6) of the statutes is amended to read:
AB445,15,9
116.765 (6) The department may receive complaints of alleged violations of the
2nondiscrimination provisions of such contracts. The department shall investigate
3and determine whether a violation of this section has occurred. The department may
4delegate this authority to the contracting agency, the University of Wisconsin
5Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
6Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox
7River Remediation Authority, the Wisconsin Economic Development Corporation, or
8the Bradley Center Sports and Entertainment Corporation for processing in
9accordance with the department's procedures.
AB445,31 10Section 31. 16.765 (7) (intro.) of the statutes is amended to read:
AB445,15,2111 16.765 (7) (intro.) When a violation of this section has been determined by the
12department, the contracting agency, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
15Remediation Authority, the Wisconsin Economic Development Corporation, or the
16Bradley Center Sports and Entertainment Corporation, the contracting agency, the
17University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
18System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit
19Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
20Development Corporation, or the Bradley Center Sports and Entertainment
21Corporation shall:
AB445,32 22Section 32. 16.765 (7) (d) of the statutes is amended to read:
AB445,16,423 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
24further violations of this section and to report its corrective action to the contracting
25agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River

1Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
2Health Benefit Authority,
the Lower Fox River Remediation Authority, the
3Wisconsin Economic Development Corporation, or the Bradley Center Sports and
4Entertainment Corporation.
AB445,33 5Section 33. 16.765 (8) of the statutes is amended to read:
AB445,16,236 16.765 (8) If further violations of this section are committed during the term
7of the contract, the contracting agency, the Fox River Navigational System Authority,
8the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Economic Development
10Corporation, or the Bradley Center Sports and Entertainment Corporation may
11permit the violating party to complete the contract, after complying with this section,
12but thereafter the contracting agency, the Fox River Navigational System Authority,
13the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
14Fox River Remediation Authority, the Wisconsin Economic Development
15Corporation, or the Bradley Center Sports and Entertainment Corporation shall
16request the department to place the name of the party on the ineligible list for state
17contracts, or the contracting agency, the Fox River Navigational System Authority,
18the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
19Fox River Remediation Authority, the Wisconsin Economic Development
20Corporation, or the Bradley Center Sports and Entertainment Corporation may
21terminate the contract without liability for the uncompleted portion or any materials
22or services purchased or paid for by the contracting party for use in completing the
23contract.
AB445,34 24Section 34. 16.85 (2) of the statutes is amended to read:
AB445,17,10
116.85 (2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, “agency" means an
6office, department, 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, which 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. 636 or in ch. 231, 233, 234, 237, 238, or 279.
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