Amendment ASA2-AB792

AB792-ASA2,21,18 (14) Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against by his or her employer because of lawful actions taken by the employee, on behalf of the employee, or by others in furtherance of an action or claim filed under this section, including investigation for, initiation of, testimony for, or assistance in an action or claim filed or to be filed under sub. (5) is entitled to all necessary relief to make the employee whole. The relief shall in each case include reinstatement with the same seniority status that the employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay at the legal rate, and compensation for any special damages sustained as a result of the discrimination, including costs and reasonable actual attorney fees. An employee may bring an action to obtain the relief to which the employee is entitled under this subsection.

AB792-ASA2,21,21 (15) A civil action may be brought based upon acts occurring prior to the effective date of this subsection .... [LRB inserts date], if the action is brought within the period specified in s. 893.981.

AB792-ASA2,21,25 (16) A judgment of guilty entered against a defendant in a criminal action in which the defendant is charged with fraud or making false statements estops the defendant from denying the essential elements of the offense in any action under sub. (5) that involves the same elements as in the criminal action.

AB792-ASA2,22,2 (17) The remedies provided for under this section are in addition to any other remedies provided for under any other law or available under the common law.

AB792-ASA2,22,5 (18) This section shall be liberally construed and applied to promote the public interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as reflected in the act and the legislative history of the act.

AB792-ASA2, s. 23 Section 23. 25.18 (1) (a) of the statutes is amended to read:

AB792-ASA2,22,15 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch. 16, except s. 16.753, employ special legal or investment counsel in any matters arising out of the scope of its investment authority. Section Sections 16.753 does, 16.771, 16.871 and 20.932 do not apply to the employment of legal or investment counsel for the purpose of assisting the board with investments or arising out of the scope of the board's 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.

AB792-ASA2, s. 24 Section 24. 25.18 (1) (f) of the statutes is amended to read:

AB792-ASA2,23,2 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 s. 16.753, it shall have exclusive authority to make such agreements and enter into such contracts as it deems necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to agreements and contracts entered into by the board for the purpose of assisting the board with investments or arising out of the scope of the board's investment authority. 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.

AB792-ASA2, s. 25 Section 25. 25.18 (1) (m) of the statutes is amended to read:

AB792-ASA2,23,12 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16, except s. 16.753, 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 Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the employment of any person for the purpose of assisting the board with investments or arising out of the scope of the board's investment authority. Costs under this paragraph shall be paid by the fund and charged to the appropriate account under s. 40.04 (3).

AB792-ASA2, s. 26 Section 26. 66.0902 of the statutes is created to read:

AB792-ASA2,23,14 66.0902 False claims. (1) Definitions. In this section:

AB792-ASA2,23,15 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB792-ASA2,23,19 (b) "Public contract" means a contract that is subject to s. 66.0903 and that is 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.

AB792-ASA2,23,25 (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.

AB792-ASA2, s. 27 Section 27. 84.01 (13) of the statutes is amended to read:

AB792-ASA2,25,2 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 16.7015, 16.705 (4), 16.71 to 16.751, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.42, 16.46, 16.528, 16.705 except s. 16.705 (4), 16.752, 16.753, and 16.754 apply to such engagement. Section 20.932 does not apply to any engagement of services under this subsection. 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 $50,000 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 $50,000. Notwithstanding any provision of s. 16.705 or rule promulgated under s. 16.705, the department of transportation is not required to submit any proposed contractual engagement of services to, or obtain approval of any such engagement of services from, the department of administration before engaging any services under this subsection and the department of administration has no oversight authority over any such engagement of services under this subsection. Notwithstanding s. 16.705 (2), the department of transportation, rather than the department of administration, shall, before engaging any services under this subsection, satisfy itself that the justification for engaging such services conforms to the requirements of ss. 16.705, 16.752, 16.753, and 16.754, and the written justification required under s. 16.705 (2) shall be submitted to the department of transportation rather than the department of administration.

AB792-ASA2, s. 28 Section 28. 84.01 (13m) of the statutes is created to read:

AB792-ASA2,25,13 84.01 (13m) Contractual engagements of services reporting. On or before October 15 of each year, the department shall submit to the governor, the joint committee on finance, the joint legislative audit committee, and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report concerning the number, value, and nature of contractual engagements of services authorized under sub. (13) during the preceding fiscal year. To the extent possible, the report required under this subsection may be combined with the report required under s. 16.705 (8). The report shall also include, with respect to contractual engagements of services for the preceding fiscal year, all of the following:

AB792-ASA2,25,15 (a) A summary of the cost-benefit analyses completed in compliance with rules promulgated by the department.

AB792-ASA2,25,18 (b) Recommendations for elimination of unneeded contractual engagements of services and for consolidation or resolicitation of existing contractual engagements of services.

AB792-ASA2, s. 29 Section 29. 84.01 (31) of the statutes is amended to read:

AB792-ASA2,26,6 84.01 (31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not apply to any agreement under this subsection.

AB792-ASA2, s. 30 Section 30. 84.06 (2) (a) of the statutes is amended to read:

AB792-ASA2,27,2 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 16.82, 16.87 and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Section 20.932 does not 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.

AB792-ASA2, s. 31 Section 31. 84.06 (3) of the statutes is amended to read:

AB792-ASA2,27,21 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. Section 20.932 does not apply to the contract. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. 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.

AB792-ASA2, s. 32 Section 32. 84.06 (4) of the statutes is amended to read:

AB792-ASA2,28,16 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. Section 20.932 does not apply to the contract. 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. 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.

AB792-ASA2, s. 33 Section 33. 85.015 of the statutes is amended to read:

AB792-ASA2,28,23 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 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to 16.87, and 16.875 to 16.89. Section 20.932 does not apply to contracts specified in this section.

AB792-ASA2, s. 34 Section 34. 85.65 of the statutes is created to read:

AB792-ASA2,29,7 85.65 Workload outsourcing rules. The department shall promulgate rules establishing a methodology to determine the percentage of work for which the department has responsibility that the department may outsource to persons not employed by the department. The rules shall set forth a process by which the department could attain staffing levels sufficiently proficient to ensure that not more than 50 percent of work for which the department has responsibility is outsourced to persons not employed by the department.

AB792-ASA2, s. 35 Section 35. 102.81 (2) of the statutes is amended to read:

AB792-ASA2,29,21 102.81 (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 s. 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).

AB792-ASA2, s. 36 Section 36. 103.50 (2) of the statutes is amended to read:

AB792-ASA2,30,8 103.50 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) or (3) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

AB792-ASA2, s. 37 Section 37. 165.08 of the statutes is amended to read:

AB792-ASA2,30,18 165.08 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. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (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.

AB792-ASA2, s. 38 Section 38. 165.25 (11) of the statutes is amended to read:

AB792-ASA2,30,23 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931 or 20.932, and, if the department determines that a person has committed an act that is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring a civil action against that person.

AB792-ASA2, s. 39 Section 39. 221.0903 (4) (b) of the statutes is amended to read:

AB792-ASA2,31,7 221.0903 (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.

AB792-ASA2, s. 40 Section 40. 801.02 (1) of the statutes is amended to read:

AB792-ASA2,31,13 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (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.

AB792-ASA2, s. 41 Section 41. 803.09 (1) and (2) of the statutes are amended to read:

AB792-ASA2,31,20 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, 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.

AB792-ASA2,32,5 (2) Except as provided in s. ss. 20.931 and 20.932, 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.

AB792-ASA2, s. 42 Section 42. 804.01 (2) (intro.) of the statutes is amended to read:

AB792-ASA2,32,9 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9) and 20.932 (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:

AB792-ASA2, s. 43 Section 43. 805.04 (2m) of the statutes is amended to read:

AB792-ASA2,32,14 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.931 or 20.932, the court shall take into account the best interests of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.

AB792-ASA2, s. 44 Section 44. 893.981 of the statutes is amended to read:

AB792-ASA2,32,18 893.981 False claims. An action or claim under s. 20.931 or 20.932 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

AB792-ASA2, s. 45 Section 45. Nonstatutory provisions.

AB792-ASA2,32,23 (1) Report on local road projects. No later than the first day of the 7th month beginning after the effective date of this subsection, the department of transportation shall submit a report to the joint committee on finance that contains all of the following:

AB792-ASA2,33,3 (a) Recommendations on actions that the department and local governments can take to improve the efficiency, cost-effectiveness, and timeliness of local road construction projects.

AB792-ASA2,33,5 (b) Any proposed legislative changes that the legislature can consider that may help to implement the recommendations under paragraph (a ).

AB792-ASA2,33,15 (2) Report on workload outsourcing. No later than February 1, 2011, the department of transportation shall submit to the legislature under section 13.172 (2) of the statutes a report on the work for which the department of transportation has responsibility and that the department of transportation has, during the previous 3 fiscal years, outsourced to persons not employed by the department of transportation. The report shall include any outsourced projects for which the department of transportation has encumbered, expended, or otherwise committed any funding. In this report, the department of transportation shall also denote work that was committed from funding provided under the American Recovery and Reinvestment Act of 2009.

AB792-ASA2,33,21 (3) Rulemaking on workload outsourcing. The department of transportation shall begin promulgating the rules required under section 85.65 of the statutes, as created by this act, no later than February 1, 2011, and shall submit in proposed form the rules required under section 85.65 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2012.

AB792-ASA2, s. 46 Section 46. Initial applicability.

AB792-ASA2,34,2 (1) The treatment of sections 16.705 (5g), (5m), and (5r) and 16.75 (1) (b), (2m) (b), and (6) (c) of the statutes, the renumbering and amendment of section 16.705 (1), (2), and (6) of the statutes, and the creation of section 16.705 (1) (a) 3. and (b), (2) (a) 3., (b), and (c), and (6) (a) of the statutes first apply to solicitations for contractual services issued on the effective date of this subsection.

AB792-ASA2,34,5 (2) The creation of section 16.705 (1) (c) of the statutes first applies to contracts entered into, renewed, modified, or extended, whichever occurs first, on the effective date of this subsection.

AB792-ASA2,34,8 (3) The treatment of section 16.705 (4) of the statutes first applies to a solicitation or a letter of intent to contract issued on the effective date of this subsection.

AB792-ASA2,34,12 (4) The treatment of sections 16.771, 16.871, 25.18 (1) (a), (f), and (m), 66.0902, 84.01 (13), 84.06 (2) (a), (3), and (4), 85.015, 102.81 (2), and 221.0903 (4) (b) 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.

AB792-ASA2,34,13 (End)