SB447-SSA1,25,2413 84.01 (31) Accommodation of utility facilities within highway rights-of-way.
14Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon
15finding that it is feasible and advantageous to the state, negotiate and enter into an
16agreement to accept any plant or equipment used for the conveyance, by wire, optics,
17radio signal, or other means, of voice, data, or other information at any frequency
18over any part of the electromagnetic spectrum, or to accept any services associated
19with the collection, storage, forwarding, switching, and delivery incidental to such
20communication, as payment for the accommodation of a utility facility, as defined in
21s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this
22subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
23ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not
24apply to any agreement under this subsection.
SB447-SSA1, s. 30 25Section 30. 84.06 (2) (a) of the statutes is amended to read:
SB447-SSA1,26,20
184.06 (2) (a) All such highway improvements shall be executed by contract
2based on bids unless the department finds that another method as provided in sub.
3(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
4the manner determined by the department. Except as provided in s. 84.075, the
5contract shall be awarded to the lowest competent and responsible bidder as
6determined by the department. If the bid of the lowest competent bidder is
7determined by the department to be in excess of the estimated reasonable value of
8the work or not in the public interest, all bids may be rejected. The department shall,
9so far as reasonable, follow uniform methods of advertising for bids and may
10prescribe and require uniform forms of bids and contracts. Except as provided in par.
11(b), the secretary shall enter into the contract on behalf of the state. Every such
12contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
13ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Section 20.932 does not
14apply to the contract.
Any such contract involving an expenditure of $1,000 or more
15shall not be valid until approved by the governor. The secretary may require the
16attorney general to examine any contract and any bond submitted in connection with
17the contract and report on its sufficiency of form and execution. The bond required
18by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to
19approval by the secretary. This subsection also applies to contracts with private
20contractors based on bids for maintenance under s. 84.07.
SB447-SSA1, s. 31 21Section 31. 84.06 (3) of the statutes is amended to read:
SB447-SSA1,27,1422 84.06 (3) Contracts with county or municipality; direct labor; materials. If
23the department finds that it would be more feasible and advantageous to have the
24improvement performed by the county in which the proposed improvement is located
25and without bids, the department may, by arrangement with the county highway

1committee of the county, enter into a contract satisfactory to the department to have
2the work done by the county forces and equipment. In such contract the department
3may authorize the county to purchase, deliver, and store materials and may fix the
4rental rates of small tools and equipment. The contract shall be between the county
5and the state and shall not be based on bids, and may be entered into on behalf of the
6county by the county highway committee and on behalf of the state by the secretary.
7Section 20.932 does not apply to the contract. Such contract is exempted from s.
8779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If
9the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not
10be valid until approved by the governor. The provisions of this subsection relating
11to agreements between a county and the state shall also authorize and apply to such
12arrangements between a city, town, or a village and the state. In such cases, the
13governing body of the city, town, or village shall enter into the agreement on behalf
14of the municipality.
SB447-SSA1, s. 32 15Section 32. 84.06 (4) of the statutes is amended to read:
SB447-SSA1,28,916 84.06 (4) Special contracts with railroads and utilities. If an improvement
17undertaken by the department will cross or affect the property or facilities of a
18railroad or public utility company, the department may, upon finding that it is
19feasible and advantageous to the state, arrange to perform portions of the
20improvement work affecting such facilities or property or perform work of altering,
21rearranging, or relocating such facilities by contract with the railroad or public
22utility. Such contract shall be between the railroad company or public utility and the
23state and need not be based on bids. The contract may be entered into on behalf of
24the state by the secretary. Section 20.932 does not apply to the contract. Every such
25contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except

1ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated
2debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As
3used in this subsection, "public utility" means the same as in s. 196.01 (5), and
4includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad"
5means the same as in s. 195.02. "Property" as used in this subsection includes but
6is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations,
7pole lines, plants, substations, and other facilities. Nothing in this subsection shall
8be construed to relieve any railroad or public utility from any financial obligation,
9expense, duty, or responsibility otherwise provided by law relative to such property.
SB447-SSA1, s. 33 10Section 33. 85.015 of the statutes is amended to read:
SB447-SSA1,28,16 1185.015 Transportation assistance contracts. All contracts entered into
12under this chapter to provide financial assistance in the areas of railroads, urban
13mass transit, specialized transportation, and harbors are subject to ss. 16.528,
1416.752, and 16.753 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to
1516.87, and 16.875 to 16.89. Section 20.932 does not apply to contracts specified in
16this section.
SB447-SSA1, s. 34 17Section 34. 85.65 of the statutes is created to read:
SB447-SSA1,28,24 1885.65 Workload outsourcing rules. The department shall promulgate rules
19establishing a methodology to determine the percentage of work for which the
20department has responsibility that the department may outsource to persons not
21employed by the department. The rules shall set forth a process by which the
22department could attain staffing levels sufficiently proficient to ensure that not more
23than 50 percent of work for which the department has responsibility is outsourced
24to persons not employed by the department.
SB447-SSA1, s. 35 25Section 35. 102.81 (2) of the statutes is amended to read:
SB447-SSA1,29,13
1102.81 (2) The department may retain an insurance carrier or insurance
2service organization to process, investigate and pay claims under this section and
3may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
4do business in this state in an amount that the secretary determines is necessary for
5the sound operation of the uninsured employers fund. In cases involving disputed
6claims, the department may retain an attorney to represent the interests of the
7uninsured employers fund and to make appearances on behalf of the uninsured
8employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
9provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
10attorney hired under this subsection. The charges for the services retained under
11this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
12of any reinsurance obtained under this subsection shall be paid from the
13appropriation under s. 20.445 (1) (sm).
SB447-SSA1, s. 36 14Section 36. 103.50 (2) of the statutes is amended to read:
SB447-SSA1,29,2515 103.50 (2) Prevailing wage rates and hours of labor. No person performing
16the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
17or other person performing any work on a project under a contract based on bids as
18provided in s. 84.06 (2) or (3) to which the state is a party for the construction or
19improvement of any highway may be permitted to work a greater number of hours
20per day or per week than the prevailing hours of labor; nor may he or she be paid a
21lesser rate of wages than the prevailing wage rate in the area in which the work is
22to be done determined under sub. (3); except that any such person may be permitted
23or required to work more than such prevailing hours of labor per day and per week
24if he or she is paid for all hours worked in excess of the prevailing hours of labor at
25a rate of at least 1.5 times his or her hourly basic rate of pay.
SB447-SSA1, s. 37
1Section 37. 165.08 of the statutes is amended to read:
SB447-SSA1,30,10 2165.08 Power to compromise. Any civil action prosecuted by the
3department by direction of any officer, department, board or commission, shall be
4compromised or discontinued when so directed by such officer, department, board or
5commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
6action prosecuted by the department on the initiative of the attorney general, or at
7the request of any individual may be compromised or discontinued with the approval
8of the governor. In any criminal action prosecuted by the attorney general, the
9department shall have the same powers with reference to such action as are vested
10in district attorneys.
SB447-SSA1, s. 38 11Section 38. 165.25 (11) of the statutes is amended to read:
SB447-SSA1,30,1512 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
13or 20.932, and, if the department determines that a person has committed an act that
14is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
15a civil action against that person.
SB447-SSA1, s. 39 16Section 39. 221.0903 (4) (b) of the statutes is amended to read:
SB447-SSA1,30,2317 221.0903 (4) (b) Contracts for examination services. The division may enter
18into contracts with any bank supervisory agency with concurrent jurisdiction over
19a state bank or an in-state branch of an out-of-state state bank to engage the
20services of the agency's examiners at a reasonable rate of compensation, or to provide
21the services of the division's examiners to the agency at a reasonable rate of
22compensation. Contracts entered into under this paragraph are exempt from ss.
2316.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.
SB447-SSA1, s. 40 24Section 40. 801.02 (1) of the statutes is amended to read:
SB447-SSA1,31,5
1801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
2action in which a personal judgment is sought is commenced as to any defendant
3when a summons and a complaint naming the person as defendant are filed with the
4court, provided service of an authenticated copy of the summons and of the complaint
5is made upon the defendant under this chapter within 90 days after filing.
SB447-SSA1, s. 41 6Section 41. 803.09 (1) and (2) of the statutes are amended to read:
SB447-SSA1,31,127 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
8anyone shall be permitted to intervene in an action when the movant claims an
9interest relating to the property or transaction which is the subject of the action and
10the movant is so situated that the disposition of the action may as a practical matter
11impair or impede the movant's ability to protect that interest, unless the movant's
12interest is adequately represented by existing parties.
SB447-SSA1,31,22 13(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
14may be permitted to intervene in an action when a movant's claim or defense and the
15main action have a question of law or fact in common. When a party to an action
16relies for ground of claim or defense upon any statute or executive order or rule
17administered by a federal or state governmental officer or agency or upon any
18regulation, order, rule, requirement or agreement issued or made pursuant to the
19statute or executive order, the officer or agency upon timely motion may be permitted
20to intervene in the action. In exercising its discretion the court shall consider
21whether the intervention will unduly delay or prejudice the adjudication of the rights
22of the original parties.
SB447-SSA1, s. 42 23Section 42. 804.01 (2) (intro.) of the statutes is amended to read:
SB447-SSA1,32,3
1804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
2and 20.932 (9), and unless otherwise limited by order of the court in accordance with
3the provisions of this chapter, the scope of discovery is as follows:
SB447-SSA1, s. 43 4Section 43. 805.04 (2m) of the statutes is amended to read:
SB447-SSA1,32,85 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
6dismissed only by order of the court. In determining whether to dismiss the action
7filed under s. 20.931 or 20.932, the court shall take into account the best interests
8of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.
SB447-SSA1, s. 44 9Section 44. 893.981 of the statutes is amended to read:
SB447-SSA1,32,12 10893.981 False claims. An action or claim under s. 20.931 or 20.932 shall be
11commenced within 10 years after the cause of the action or claim accrues or be
12barred.
SB447-SSA1, s. 45 13Section 45. Nonstatutory provisions.
SB447-SSA1,32,1714 (1) Report on local road projects. No later than the first day of the 7th month
15beginning after the effective date of this subsection, the department of
16transportation shall submit a report to the joint committee on finance that contains
17all of the following:
SB447-SSA1,32,2018 (a) Recommendations on actions that the department and local governments
19can take to improve the efficiency, cost-effectiveness, and timeliness of local road
20construction projects.
SB447-SSA1,32,2221 (b) Any proposed legislative changes that the legislature can consider that may
22help to implement the recommendations under paragraph (a ).
SB447-SSA1,33,723 (2) Report on workload outsourcing. No later than February 1, 2011, the
24department of transportation shall submit to the legislature under section 13.172 (2)
25of the statutes a report on the work for which the department of transportation has

1responsibility and that the department of transportation has, during the previous
2three fiscal years, outsourced to persons not employed by the department of
3transportation. The report shall include any outsourced projects for which the
4department of transportation has encumbered, expended, or otherwise committed
5any funding. In this report, the department of transportation shall also denote work
6that was committed from funding provided under the American Recovery and
7Reinvestment Act of 2009.
SB447-SSA1,33,138 (3) Rulemaking on workload outsourcing. The department of transportation
9shall begin promulgating the rules required under section 85.65 of the statutes, as
10created by this act, no later than February 1, 2011, and shall submit in proposed form
11the rules required under section 85.65 of the statutes, as created by this act, to the
12legislative council staff under section 227.15 (1) of the statutes no later than
13February 1, 2012.
SB447-SSA1, s. 46 14Section 46. Initial applicability.
SB447-SSA1,33,1915 (1) The treatment of sections 16.705 (5g), (5m), and (5r) and 16.75 (1) (b), (2m)
16(b), and (6) (c) of the statutes, the renumbering and amendment of section 16.705 (1),
17(2), and (6) of the statutes, and the creation of section 16.705 (1) (a) 3. and (b), (2) (a)
183., (b), and (c), and (6) (a) of the statutes first apply to solicitations for contractual
19services issued on the effective date of this subsection.
SB447-SSA1,33,2220 (2) The creation of section 16.705 (1) (c) of the statutes first applies to contracts
21entered into, renewed, modified, or extended, whichever occurs first, on the effective
22date of this subsection.
SB447-SSA1,33,2523 (3) The treatment of section 16.705 (4) of the statutes first applies to a
24solicitation or a letter of intent to contract issued on the effective date of this
25subsection.
SB447-SSA1,34,4
1(4) The treatment of sections 16.771, 16.871, 25.18 (1) (a), (f), and (m), 66.0902,
284.01 (13), 84.06 (2) (a), (3), and (4), 85.015, 102.81 (2), and 221.0903 (4) (b) of the
3statutes first applies with respect to false claims that are presented or caused to be
4presented on the effective date of this subsection.
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