SECTION 7. 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 s. ss. 16.753, 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. Section 16.753 does not apply to the employment of any person for the purpose of assisting the board with investments. Costs under this paragraph shall be paid by the fund and charged to the appropriate account under s. 40.04 (3).
SECTION 8. 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 9. 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, 16.753, and 16.754, 16.771, and 16.871 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $25,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $25,000.
SECTION 10. 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, 16.753, and 16.754, 16.771, and 16.871 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 11. 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 ss. 16.753 and, 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 12. 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, 16.753, 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 13. 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, 16.752, and 16.753, 16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.
SECTION 14. 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 20.930 and all provisions of subch. IV of ch. 16, except ss. 16.753 and 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) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
SECTION 15. 165.08 of the statutes is amended to read:
165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any Except as provided in s. 20.931 (7) (b), any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.
SECTION 16. 165.25 (11) of the statutes is created to read:
165.25 (11) FALSE CLAIMS. Diligently investigate possible violations of s. 20.931, and, if the department determines that a person has committed an act that is punishable under s. 20.931, may bring a civil action against that person.
SECTION 17. 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 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.
SECTION 18. 801.02 (1) of the statutes is amended to read:
801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.
SECTION 19. 803.09 (1) and (2) of the statutes are amended to read:
803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.
(2) Upon Except as provided in s. 20.931, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
SECTION 20. 804.01 (2) (intro.) of the statutes is amended to read:
804.01 (2) SCOPE OF DISCOVERY. (intro.) Unless Except as provided in s. 20.931 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:
SECTION 21. 805.04 (1) of the statutes is amended to read:
805.04 (1) BY PLAINTIFF; BY STIPULATION. An Except as provided in sub. (2m), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.
SECTION 22. 805.04 (2m) of the statutes is created to read:
805.04 (2m) FALSE CLAIMS. An action filed under s. 20.931 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.931, the court shall take into account the best interests of the parties and the purposes of s. 20.931.
SECTION 23. 893.981 of the statutes is created to read:
893.981 False claims. An action or claim under s. 20.931 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.
SECTION 9329. Initial applicability; Justice.
(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 with respect to false claims that are presented or caused to be presented on the effective date of this subsection.
(End)
LRB-0446LRB-0446/1
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2007 - 2008 LEGISLATURE
DOA:......Fath, BB0095 - Transportation reimbursement rate
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Beginning in the 2007-08 school year, this bill increases the annual reimbursement rate for school districts that transport pupils more than 12 miles to school from $180 per pupil so transported to $220 per pupil so transported.
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. 121.58 (2) (a) 4. of the statutes is amended to read:
121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $150 $180 per school year in the 2005-06 2006-07 school year and $180 $220 per school year thereafter.
(End)
LRB-0449LRB-0449/2
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2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0093 - DOJ appropriation changes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
justice
This bill repeals the following obsolete appropriations to DOJ: 1) an appropriation for services that were provided to the PSC for telecommunication matters, which has not been used since state fiscal year 1998-99; and 2) two appropriations for drug law enforcement programs to work with local law enforcement agencies in a coordinated effort and for operation of the crime laboratory in the city of Wausau, which have not been used since state fiscal year 1997-98.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
****NOTE: You asked for the repeal of s. 20.455 (1) (i). That paragraph does not exist in the statutes, only in the schedule, so I cannot repeal it. The removal of that appropriation must be reflected in the revised schedule in s. 20.005, stats. Perhaps you should determine if this paragraph was incorrectly numbered.
SECTION 1. 20.455 (1) (kt) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.455 (2) (e) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.455 (2) (ma) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 165.72 (3) of the statutes is amended to read:
165.72 (3) REWARD PAYMENT PROGRAM. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (e) (m) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 961.
(End)
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2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0092 - DOJ authority to enforce constitutional rights
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the authority of the Department of Justice.
Analysis by the Legislative Reference Bureau
justice
This bill gives the DOJ the authority to bring an action for injunctive or other equitable relief against a person who interferes with the exercise or enjoyment by an individual of a right secured by the constitution or laws of this state or of the United States.
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 1. 165.10 of the statutes is created to read:
165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.
(End)
LRB-0451LRB-0451/1
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2007 - 2008 LEGISLATURE
DOA:......Fath, BB0076 - Low revenue ceiling adjustment
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
