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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 522
February 17, 2012 - Offered by Representatives Bernard Schaber, Jorgensen,
Vruwink, Bewley, Steinbrink
and E. Coggs.
AB522-ASA1,1,4 1An Act to amend 84.01 (13); and to create 16.771, 16.871 and 84.01 (13m) of
2the statutes; relating to: false claims made by state contractors, requiring the
3Department of Transportation to report on the engagement of engineering
4services, and providing penalties.
Analysis by the Legislative Reference Bureau
This substitute amendment provides that whoever knowingly presents or
causes to be presented a false claim under any contract or order for materials,
supplies, equipment, contractual services, construction work, limited trades work,
or engineering or architectural 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
substitute amendment permits the attorney general to bring an action to recover any
forfeiture for which a contractor or vendor is liable as a result of a false claim
submitted to a state agency.
The substitute amendment also requires the Department of Transportation
(DOT) to annually submit a report to the legislature, and publish it on DOT's Web
site, that is limited to identifying, for the preceding fiscal year: 1) the total cost of
engineering services provided on projects performed predominantly by DOT

employees; 2) the total cost of engineering services provided on projects performed
predominantly through an engagement of engineering services; and 3) the total cost
of engineering services provided on projects performed jointly by DOT employees and
through an engagement of engineering services. The substitute amendment also
includes requirements for DOT to follow in computing the total cost of engineering
services.
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:
AB522-ASA1, s. 1 1Section 1. 16.771 of the statutes is created to read:
AB522-ASA1,2,8 216.771 False claims. Whoever knowingly presents or causes to be presented
3a false claim for payment under any contract or order for materials, supplies,
4equipment, or contractual services to be provided to an agency shall forfeit not less
5than $5,000 nor more than $10,000, plus 3 times the amount of the damages that
6were sustained by the state or would have been sustained by the state, whichever is
7greater, as a result of the false claim. The attorney general may bring an action on
8behalf of the state to recover any forfeiture incurred under this section.
AB522-ASA1, s. 2 9Section 2. 16.871 of the statutes is created to read:
AB522-ASA1,2,10 1016.871 False claims. (1) In this section:
AB522-ASA1,2,1111 (a) "Agency" has the meaning given in s. 16.70 (1e).
AB522-ASA1,2,1212 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).
AB522-ASA1,2,1313 (c) "Limited trades work" has the meaning given in s. 16.70 (7).
AB522-ASA1,3,2 14(2) Whoever knowingly presents or causes to be presented a false claim under
15any contract for construction work or limited trades work, or for engineering or
16architectural services, to be provided to any agency shall forfeit not less than $5,000
17nor more than $10,000, plus 3 times the amount of the damages that were sustained
18by the state or would have been sustained by the state, whichever is greater, as a

1result of the false claim. The attorney general may bring an action on behalf of the
2state to recover any forfeiture incurred under this subsection.
AB522-ASA1, s. 3 3Section 3. 84.01 (13) of the statutes is amended to read:
AB522-ASA1,3,164 84.01 (13) Engineering services. The department may engage such
5engineering, consulting, surveying, or other specialized services as it deems
6advisable. Any engagement of services under this subsection is exempt from ss.
716.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, and 16.85 to 16.87, 16.875 to 16.89,
8but ss. 16.528, 16.752, 16.753, and 16.754, 16.771, and 16.871 apply to such
9engagement. Any engagement involving an expenditure of $3,000 or more shall be
10by formal contract approved by the governor. The department shall conduct a
11uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed
12engagement under this subsection that involves an estimated expenditure of more
13than $25,000 in accordance with standards prescribed by rule of the department.
14The department shall review periodically, and before any renewal, the continued
15appropriateness of contracting pursuant to each engagement under this subsection
16that involves an estimated expenditure of more than $25,000.
AB522-ASA1, s. 4 17Section 4. 84.01 (13m) of the statutes is created to read:
AB522-ASA1,3,2218 84.01 (13m) Engagement of engineering services reports. (a) Not later than
19December 1, 2013, and annually by December 1 of each year thereafter, the
20department shall submit to the chief clerk of each house of the legislature for
21distribution to all members of the legislature, and shall publish on the department's
22Internet Web site, a report limited to identifying all of the following:
AB522-ASA1,3,2423 1. The total cost of engineering services provided during the preceding fiscal
24year on projects performed predominantly by employees of the department.
AB522-ASA1,4,3
12. The total cost of engineering services provided during the preceding fiscal
2year on projects performed predominantly through an engagement of services under
3sub. (13).
AB522-ASA1,4,64 3. The total cost of engineering services provided during the preceding fiscal
5year on projects performed jointly through an engagement of services under sub. (13)
6and by employees of the department.
AB522-ASA1,4,127 (b) In computing the total cost of engineering services provided by employees
8of the department under par. (a), the department shall include indirect costs
9allocable to direct engineering labor. Allocations of indirect costs that are applied
10equally to engineering services provided by the department's employees and to
11engineering services provided through an engagement of services under sub. (13)
12shall be excluded from the reporting of indirect costs.
AB522-ASA1, s. 5 13Section 5. Effective date.
AB522-ASA1,4,1514 (1) This act takes effect on the first day of the 3rd month beginning after
15publication.
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