AB27,3,2322 d. If the recovery is at least $20 million but less than $25 million, 10 percent
23of the recovery.
AB27,3,2424 e. If the recovery is at least $25 million, 5 percent of the recovery.
12. The aggregate contingency fee for one action under this subsection may not
2exceed $30 million, excluding reasonable costs and expenses, without regard to the
3number of attorneys retained or the number of lawsuits filed. A contingency fee may
4not be based on penalties or fines or any amounts attributable to penalties or fines.
AB27,4,85 (d) Every contract entered into under this subsection shall contain standard
6language, 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
8during any extension of the contract:
AB27,4,109 1. The attorneys for the governor and the attorney general to retain control over
10the course and conduct of the case.
AB27,4,1211 2. An attorney employed by the state who has supervisory authority to be
12personally involved in overseeing the case.
AB27,4,1413 3. The attorneys employed by the state to have the power to reject any decisions
14made by any attorney retained under the contract.
AB27,4,1615 4. Any defendant in the case to be able to contact the lead attorney employed
16by the state without having to confer with an attorney retained under the contract.
AB27,4,1817 5. An attorney employed by the state with supervisory authority to attend all
18settlement conferences.
AB27,4,2019 6. An attorney employed by the state to have exclusive discretion regarding
20settlement decisions.
AB27,4,2221 (e) The governor shall ensure that all of the following are available to the public
22on the Internet site of the office of the governor:
AB27,5,223 1. A copy of any contingency fee contract entered into under this subsection and
24of the corresponding determination under par. (a) during the period beginning 5 days

1after the contract is entered into and ending when the contract and all of its
2extensions expire or are terminated.
AB27,5,53 2. Notice of the amount of any contingency fees paid under a contract entered
4into under this subsection during the period beginning 15 days after payment is
5made and ending 365 days after the payment is made.
AB27,5,96 (f) An attorney who is party to a contract entered into under this subsection
7shall, during the period beginning from the date the contract is entered into until 4
8years after the contract and all of its extensions expire or are terminated, do all of
9the following:
AB27,5,1210 1. Maintain records, including documentation of all expenses, disbursements,
11charges, credits, receipts and invoices, and other financial transactions, that relate
12to the provision of the legal services under this subsection.
AB27,5,1413 2. Make all records maintained under subd. 1. available, upon request, for
14inspection and copying as provided under s. 19.35 (1).
AB27,5,1815 3. Maintain current records detailing the time, in increments no greater than
16one-tenth of an hour, that attorneys and paralegals spent working under the
17contract and provide the record, as soon as practically possible, to the governor upon
AB27,5,2219 (g) Annually, no later than February 1, the governor shall submit a report to
20the chief clerk of each house of the legislature for distribution to the legislature under
21s. 13.172 (2) that describes the use of contingency fee contracts under this subsection.
22The report shall include all of the following:
AB27,5,2523 1. All contracts entered into under this subsection in the year prior to the
24submittal of the report and all contracts that were active in the year prior to the
25submittal of the report. The report shall include for each contract all of the following:
1a. The name of the attorney and the attorney's law firm with which the agency
2has contracted.
AB27,6,33 b. The nature and status of the legal matter under contract.
AB27,6,44 c. The name of the parties to the legal matter.
AB27,6,55 d. The amount of any recovery.
AB27,6,66 e. The amount of any contingency fee paid.
AB27,6,77 2. Copies of written determinations made under par. (a).
AB27,4 8Section 4. 108.14 (3m) of the statutes is amended to read:
AB27,6,189 108.14 (3m) In any court action to enforce this chapter the department, the
10commission, and the state may be represented by any licensed attorney who is an
11employee of the department or the commission and is designated by either of them
12for this purpose or at the request of either of them by the department of justice. If
13the governor designates special counsel to defend, in behalf of the state, the validity
14of this chapter or of any provision of Title IX of the social security act, the expenses
15and compensation of the special counsel and of any experts employed by the
16department in connection with that proceeding may be charged to the administrative
17account. If the compensation is being determined on a contingent fee basis, the
18contract is subject to s. 20.9305.
AB27,5 19Section 5. Initial applicability.
AB27,6,2120 (1) This act first applies to contracts entered into, renewed, or extended on the
21effective date of this subsection.
AB27,6,2222 (End)