4. The amount of experience with similar legal issues or cases needed for the 10
particular type of legal services to be provided.
(b) If the governor makes a determination under par. (a), the governor shall 12
invite proposals to be submitted unless the governor determines that inviting 13
proposals is not feasible and sets forth the basis for this determination in writing. 14
Section 16.75 (1) does not apply to this subsection.
(c) 1. No contract entered into under this subsection may provide an aggregate 16
contingency fee that is more than any of the following:
a. If the recovery is less than $10 million, 25 percent of the recovery.
b. If the recovery is at least $10 million but less than $15 million, 20 percent 19
of the recovery.
c. If the recovery is at least $15 million but less than $20 million, 15 percent 21
of the recovery.
d. If the recovery is at least $20 million but less than $25 million, 10 percent 23
of the recovery.
e. If the recovery is at least $25 million, 5 percent of the recovery.
2. The aggregate contingency fee for one action under this subsection may not 2
exceed $30 million, excluding reasonable costs and expenses, without regard to the 3
number of attorneys retained or the number of lawsuits filed. A contingency fee may 4
not be based on penalties or fines or any amounts attributable to penalties or fines.
(d) Every contract entered into under this subsection shall contain standard 6
language, developed by the governor, that outlines all of the requirements under par. 7
(f) and that provides for all of the following, during the period of the contract and 8
during any extension of the contract:
1. The attorneys for the governor and the attorney general to retain control over 10
the course and conduct of the case.
2. An attorney employed by the state who has supervisory authority to be 12
personally involved in overseeing the case.
3. The attorneys employed by the state to have the power to reject any decisions 14
made by any attorney retained under the contract.
4. Any defendant in the case to be able to contact the lead attorney employed 16
by the state without having to confer with an attorney retained under the contract.
5. An attorney employed by the state with supervisory authority to attend all 18
6. An attorney employed by the state to have exclusive discretion regarding 20
(e) The governor shall ensure that all of the following are available to the public 22
on the Internet site of the office of the governor:
1. A copy of any contingency fee contract entered into under this subsection and 24
of the corresponding determination under par. (a) during the period beginning 5 days
after the contract is entered into and ending when the contract and all of its 2
extensions expire or are terminated.
2. Notice of the amount of any contingency fees paid under a contract entered 4
into under this subsection during the period beginning 15 days after payment is 5
made and ending 365 days after the payment is made.
(f) An attorney who is party to a contract entered into under this subsection 7
shall, during the period beginning from the date the contract is entered into until 4 8
years after the contract and all of its extensions expire or are terminated, do all of 9
1. Maintain records, including documentation of all expenses, disbursements, 11
charges, credits, receipts and invoices, and other financial transactions, that relate 12
to the provision of the legal services under this subsection.
2. Make all records maintained under subd. 1. available, upon request, for 14
inspection and copying as provided under s. 19.35 (1).
3. Maintain current records detailing the time, in increments no greater than 16
one-tenth of an hour, that attorneys and paralegals spent working under the 17
contract and provide the record, as soon as practically possible, to the governor upon 18
(g) Annually, no later than February 1, the governor shall submit a report to 20
the chief clerk of each house of the legislature for distribution to the legislature under 21
s. 13.172 (2) that describes the use of contingency fee contracts under this subsection. 22
The report shall include all of the following:
1. All contracts entered into under this subsection in the year prior to the 24
submittal of the report and all contracts that were active in the year prior to the 25
submittal of the report. The report shall include for each contract all of the following:
a. The name of the attorney and the attorney's law firm with which the agency 2
b. The nature and status of the legal matter under contract.
c. The name of the parties to the legal matter.
d. The amount of any recovery.
e. The amount of any contingency fee paid.
2. Copies of written determinations made under par. (a).
108.14 (3m) of the statutes is amended to read:
In any court action to enforce this chapter the department, the 10
and the state may be represented by any licensed attorney who is an 11
employee of the department or the commission and is designated by either of them 12
for this purpose or at the request of either of them by the department of justice. If 13
the governor designates special counsel to defend, in behalf of the state, the validity 14
of this chapter or of any provision of Title IX of the social security act, the expenses 15
and compensation of the special counsel and of any experts employed by the 16
department in connection with that proceeding may be charged to the administrative 17
account. If the compensation is being determined on a contingent fee basis, the
18contract is subject to s. 20.9305.
(1) This act first applies to contracts entered into, renewed, or extended on the 21
effective date of this subsection.