2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
This bill makes Forward Wisconsin, Inc., ineligible to spend $1,000,000 of appropriated money in the 2006-07 fiscal year unless DOA certifies that it has raised $2,000,000 in private donations.
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:
SECTION 9101. Nonstatutory provisions; administration.
(1) FORWARD WISCONSIN, INC. Notwithstanding section 20.001 (3) (a) of the statutes, in the 2006-07 fiscal year Forward Wisconsin, Inc., may not spend $1,000,000 of the amount appropriated under section 20.143 (1) (bm) of the statutes, as affected by this act, unless the department of administration certifies that Forward Wisconsin, Inc., has raised at least $2,000,000 in private funds during the 2005-06 and 2006-07 fiscal years.
(End)
LRB-1219LRB-1219/2
JTK&MES:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0286 - Penalty for state contractors who submit false claims
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: false claims submitted to the state and local governments and providing a penalty.
Analysis by the Legislative Reference Bureau
state government
Other state government
Currently, if a contractor or vendor does business with this state or a local government in this state, the terms of the contract or order govern the performance of, and the price to be paid to, the contractor or vendor. If the contractor or vendor claims payment for materials, supplies, equipment, or contractual services that are not provided in accordance with the contract or order, or at a price that is different from the price specified in the contract or order, the state or a local government has a remedy against the contractor or vendor for breach of contract. If the contractor or vendor is asked to swear to the truth of a claim for payment and the claim is false, the contractor or vendor may also be prosecuted for false swearing, which is a criminal offense.
This bill provides that whoever knowingly presents or causes to be presented a false claim under any contract or order for materials, supplies, equipment, or contractual services to be provided to a state agency is subject to a forfeiture (civil penalty) of not less than $5,000 nor more than $10,000, plus three times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The bill permits the attorney general to bring an action on behalf of the state to recover any forfeiture for which a contractor or vendor is liable as a result of a false claim submitted to a state agency. This bill also contains similar provisions that apply to local governmental units.
For further information see the state and local 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:
SECTION 1. 16.771 of the statutes is created to read:
16.771 False claims. Whoever knowingly presents or causes to be presented a false claim for payment under any contract or order for materials, supplies, equipment, or contractual services to be provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.
SECTION 2. 16.871 of the statutes is created to read:
16.871 False claims. (1) In this section:
(a) "Agency" has the meaning given in s. 16.70 (1e).
(b) "Construction work" has the meaning given in s. 16.87 (1) (a).
(c) "Limited trades work" has the meaning given in s. 16.70 (7).
(2) Whoever knowingly presents or causes to be presented a false claim under any contract for construction work or limited trades work, or for engineering or architectural services, to be provided to any agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this subsection.
SECTION 3. 23.41 (5) of the statutes is amended to read:
23.41 (5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 16.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss. 16.528, 16.754 and, 16.765, 16.771, and 16.871 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.
SECTION 4. 25.18 (1) (a) of the statutes is amended to read:
25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch. 16 and s. 20.930, except s. 16.771, employ special legal or investment counsel in any matters arising out of the scope of its investment authority. The employment of special legal counsel shall be with the advice and consent of the attorney general whenever such special counsel is to be compensated by the board. Any expense of counsel so employed shall be borne by the fund for which the services shall be furnished.
SECTION 5. 25.18 (1) (f) of the statutes is amended to read:
25.18 (1) (f) Maintain and repair any building or other structure or premises which it owns in fee or in which it owns the beneficial interest and, notwithstanding all provisions of subch. IV or V of ch. 16, except ss. 16.771 and 16.871, it shall have exclusive authority to make such agreements and enter into such contracts as it deems necessary for such purpose. All noncapital costs under this paragraph shall be charged to the current income accounts of the funds having an interest in the building, structure or premises.
SECTION 6. 25.18 (1) (m) of the statutes is amended to read:
25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16, except ss. 16.771 and 16.871, employ professionals, contractors or other agents necessary to evaluate or operate any property if a fund managed by the board has an interest in, or is considering purchasing or lending money based upon the value of, that property. Costs under this paragraph shall be paid by the fund and charged to the appropriate account under s. 40.04 (3).
SECTION 7. 66.0902 of the statutes is created to read:
66.0902 False claims. (1) DEFINITIONS. In this section:
(a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
(b) "Public contract" means a contract for the construction, execution, repair, remodeling, or improvement of a public work or building or for the furnishing of supplies, equipment, material, or professional or contractual services of any kind.
(2) PRESENTATION OF FALSE CLAIMS. Whoever knowingly presents or causes to be presented a false claim for payment under any public contract with a local governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the local governmental unit or would have been sustained by the local governmental unit, whichever is greater, as a result of the false claim.
SECTION 8. 84.01 (13) of the statutes is amended to read:
84.01 (13) ENGINEERING SERVICES. The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82 and, 16.85 to 16.87, and 16.875 to 16.89, but ss. 16.528, 16.752 and, 16.771, 16.871, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor.
SECTION 9. 84.06 (2) (a) of the statutes is amended to read:
84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and, 16.771, 16.871, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.
SECTION 10. 84.06 (3) of the statutes is amended to read:
84.06 (3) CONTRACTS WITH COUNTY OR MUNICIPALITY; DIRECT LABOR; MATERIALS. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except s. ss. 16.754, 16.771, and 16.871. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.
SECTION 11. 84.06 (4) of the statutes is amended to read:
84.06 (4) SPECIAL CONTRACTS WITH RAILROADS AND UTILITIES. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging, or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752 and, 16.754, 16.771, and 16.871. No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, "public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad" means the same as in s. 195.02. "Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations, and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty, or responsibility otherwise provided by law relative to such property.
SECTION 12. 85.015 of the statutes is amended to read:
85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and, 16.752,16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755 to 6.77, 16.78 to 16.82 and, 16.85 to 16.87, and 16.875 to 16.89.
SECTION 13. 102.81 (2) of the statutes is amended to read:
102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and all provisions of subch. IV of ch. 16, except s. 16.771, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
SECTION 14. 221.0903 (4) (b) of the statutes is amended to read:
221.0903 (4) (b) Contracts for examination services. The division may enter into contracts with any bank supervisory agency with concurrent jurisdiction over a state bank or an in-state branch of an out-of-state state bank to engage the services of the agency's examiners at a reasonable rate of compensation, or to provide the services of the division's examiners to the agency at a reasonable rate of compensation. Contracts entered into under this paragraph are exempt from ss. 16.70 to 16.76 and, 16.767 to 16.77, and 16.78 to 16.82.
SECTION 15. 655.27 (2) of the statutes is amended to read:
655.27 (2) FUND ADMINISTRATION AND OPERATION. Management of the fund shall be vested with the board of governors. The commissioner shall either provide staff services necessary for the operation of the fund or, with the approval of the board of governors, contract for all or part of these services. Such a contract is subject to s. ss. 16.765 and 16.771, but is otherwise exempt from subch. IV of ch. 16. The commissioner shall adopt rules governing the procedures for creating and implementing these contracts before entering into the contracts. At least annually, the contractor shall report to the commissioner and to the board of governors regarding all expenses incurred and subcontracting arrangements. If the board of governors approves, the contractor may hire legal counsel as needed to provide staff services. The cost of contracting for staff services shall be funded from the appropriation under s. 20.145 (2) (u).
SECTION 9355. Initial applicability; other.
(1) FALSE CLAIMS. The treatment of sections 16.771, 16.871, 23.41(5), 25.18 (1) (a), (f), and (m), 66.0902, 84.01 (13), 84.06 (2) (a), (3), and (4), 85.015, 102.81 (2), 221.0903 (4) (b), and 655.27 (2) of the statutes first applies to false claims that are presented or caused to be presented on the effective date of this subsection.
(End)
LRB-1225LRB-1225/1
CTS:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0303 - WHEDA lapse
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Economic development
Under current law, WHEDA maintains a surplus fund, which generally consists of assets that are not required to pay the cost of issuing bonds or notes, to make loans, or to honor agreements with bondholders and noteholders.
This bill requires WHEDA to make two payments of $2,500,000 to the state from WHEDA's surplus fund. The bill requires one payment in fiscal year 2005-06 and another payment in fiscal year 2006-07.
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:
SECTION 9124. Nonstatutory provisions; Housing and Economic Development Authority.
(1) TRANSFER OF SURPLUS. Notwithstanding section 234.165 (2) (c) of the statutes, the Wisconsin Housing and Economic Development Authority shall pay to the state in fiscal year 2005-06 $2,500,000 of its actual surplus under section 234.165 of the statutes and in fiscal year 2006-07 $2,500,000 of its actual surplus under section 234.165 of the statutes.
(End)
LRB-1227LRB-1227/1
CTS:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0302 - Create appropriation in Department of Tourism for tourism marketing
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
This bill creates an appropriation from the transportation fund to pay for tourism marketing, in an amount equal to 40 percent of the amount collected in fees imposed on certain rental vehicles.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
