AB792,22,17 15(12) (a) No court has jurisdiction over an action brought by a private person
16under sub. (5) against a state public official if the action is based upon information
17known to the attorney general at the time that the action is brought.
AB792,22,2118 (b) No person may bring an action under sub. (5) that is based upon allegations
19or transactions that are the subject of a civil action or an administrative proceeding
20to assess a civil forfeiture in which the state is a party if that action or proceeding
21was commenced prior to the date that the action is filed.
AB792,22,23 22(13) The state is not liable for any expenses incurred by a private person in
23bringing an action under sub. (5).
AB792,23,10 24(14) Any employee who is discharged, demoted, suspended, threatened,
25harassed, or in any other manner discriminated against by his or her employer

1because of lawful actions taken by the employee, on behalf of the employee, or by
2others in furtherance of an action or claim filed under this section, including
3investigation for, initiation of, testimony for, or assistance in an action or claim filed
4or to be filed under sub. (5) is entitled to all necessary relief to make the employee
5whole. The relief shall in each case include reinstatement with the same seniority
6status that the employee would have had but for the discrimination, 2 times the
7amount of back pay, interest on the back pay at the legal rate, and compensation for
8any special damages sustained as a result of the discrimination, including costs and
9reasonable actual attorney fees. An employee may bring an action to obtain the relief
10to which the employee is entitled under this subsection.
AB792,23,13 11(15) A civil action may be brought based upon acts occurring prior to the
12effective date of this subsection .... [LRB inserts date], if the action is brought within
13the period specified in s. 893.981.
AB792,23,17 14(16) A judgment of guilty entered against a defendant in a criminal action in
15which the defendant is charged with fraud or making false statements estops the
16defendant from denying the essential elements of the offense in any action under sub.
17(5) that involves the same elements as in the criminal action.
AB792,23,19 18(17) The remedies provided for under this section are in addition to any other
19remedies provided for under any other law or available under the common law.
AB792,23,22 20(18) This section shall be liberally construed and applied to promote the public
21interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
22reflected in the act and the legislative history of the act.
AB792, s. 23 23Section 23. 23.41 (5) of the statutes is amended to read:
AB792,24,1224 23.41 (5) Each contract for construction work entered into by the department
25under this section shall be awarded on the basis of bids or competitive sealed

1proposals in accordance with procedures established by the department. Each
2contract for construction work shall be awarded to the lowest responsible bidder or
3the person submitting the most advantageous competitive sealed proposal as
4determined by the department. If the bid of the lowest responsible bidder or the
5proposal of the person submitting the most advantageous competitive sealed
6proposal is determined by the department to be in excess of the estimated reasonable
7value of the work or not in the public interest, the department may reject all bids or
8competitive sealed proposals. Every such contract is exempted from ss. 16.70 to
916.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss.
1016.528, 16.753, 16.754, and 16.765, 16.771, and 16.871 apply to the contract. Every
11such contract involving an expenditure of more than $60,000 is not valid until the
12contract is approved by the governor.
AB792, s. 24 13Section 24. 25.18 (1) (a) of the statutes is amended to read:
AB792,24,2214 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
1516, except s. 16.753, employ special legal or investment counsel in any matters
16arising out of the scope of its investment authority. Section Sections 16.753 does,
1716.771, 16.871 and 20.932 do
not apply to the employment of legal or investment
18counsel for the purpose of assisting the board with investments or arising out of the
19scope of the board's investment authority
. The employment of special legal counsel
20shall be with the advice and consent of the attorney general whenever such special
21counsel is to be compensated by the board. Any expense of counsel so employed shall
22be borne by the fund for which the services shall be furnished.
AB792, s. 25 23Section 25. 25.18 (1) (f) of the statutes is amended to read:
AB792,25,824 25.18 (1) (f) Maintain and repair any building or other structure or premises
25which it owns in fee or in which it owns the beneficial interest and, notwithstanding

1all provisions of subch. IV or V of ch. 16, except s. 16.753, it shall have exclusive
2authority to make such agreements and enter into such contracts as it deems
3necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932
4do
not apply to agreements and contracts entered into by the board for the purpose
5of assisting the board with investments or arising out of the scope of the board's
6investment authority
. All noncapital costs under this paragraph shall be charged to
7the current income accounts of the funds having an interest in the building, structure
8or premises.
AB792, s. 26 9Section 26. 25.18 (1) (m) of the statutes is amended to read:
AB792,25,1810 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
11except s. 16.753, employ professionals, contractors or other agents necessary to
12evaluate or operate any property if a fund managed by the board has an interest in,
13or is considering purchasing or lending money based upon the value of, that property.
14Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the
15employment of any person for the purpose of assisting the board with investments
16or arising out of the scope of the board's investment authority. Costs under this
17paragraph shall be paid by the fund and charged to the appropriate account under
18s. 40.04 (3).
AB792, s. 27 19Section 27. 66.0902 of the statutes is created to read:
AB792,25,20 2066.0902 False claims. (1) Definitions. In this section:
AB792,25,2121 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
AB792,25,2422 (b) "Public contract" means a contract for the construction, execution, repair,
23remodeling, or improvement of a public work or building or for the furnishing of
24supplies, equipment, material, or professional or contractual services of any kind.
AB792,26,6
1(2) Presentation of false claims. Whoever knowingly presents or causes to
2be presented a false claim for payment under any public contract with a local
3governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
4times the amount of the damages that were sustained by the local governmental unit
5or would have been sustained by the local governmental unit, whichever is greater,
6as a result of the false claim.
AB792, s. 28 7Section 28. 84.01 (13) of the statutes is amended to read:
AB792,26,218 84.01 (13) Engineering services. The department may engage such
9engineering, consulting, surveying, or other specialized services as it deems
10advisable. Any engagement of services under this subsection is exempt from ss.
1116.70 to 16.75 16.7015, 16.71 to 16.751, 16.755 to 16.77, 16.78 to 16.82, and 16.85 to
1216.87, 16.875 to 16.89, but ss. 16.42, 16.46, 16.528, 16.705, 16.752, 16.753, and
1316.754, 16.771, and 16.871 apply to such engagement. Any engagement involving
14an expenditure of $3,000 or more shall be by formal contract approved by the
15governor. The department shall conduct a uniform cost-benefit analysis, as defined
16in s. 16.70 (3g), of each proposed engagement under this subsection that involves an
17estimated expenditure of more than $25,000 in accordance with standards
18prescribed by rule of the department. The department shall review periodically, and
19before any renewal, the continued appropriateness of contracting pursuant to each
20engagement under this subsection that involves an estimated expenditure of more
21than $25,000.
AB792, s. 29 22Section 29. 84.01 (13m) of the statutes is created to read:
AB792,27,523 84.01 (13m) Contractual engagements of services reporting. On or before
24October 15 of each year, the department shall submit to the governor, the joint
25committee on finance, the joint legislative audit committee, and the chief clerk of

1each house of the legislature for distribution to the appropriate standing committees
2under s. 13.172 (3) a report concerning the number, value, and nature of contractual
3engagements of services authorized under sub. (13) during the preceding fiscal year.
4The report shall also include, with respect to contractual engagements of services for
5the preceding fiscal year, all of the following:
AB792,27,76 (a) A summary of the cost-benefit analyses completed in compliance with rules
7promulgated by the department.
AB792,27,108 (b) Recommendations for elimination of unneeded contractual engagements of
9services and for consolidation or resolicitation of existing contractual engagements
10of services.
AB792, s. 30 11Section 30. 84.06 (2) (a) of the statutes is amended to read:
AB792,28,612 84.06 (2) (a) All such highway improvements shall be executed by contract
13based on bids unless the department finds that another method as provided in sub.
14(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
15the manner determined by the department. Except as provided in s. 84.075, the
16contract shall be awarded to the lowest competent and responsible bidder as
17determined by the department. If the bid of the lowest competent bidder is
18determined by the department to be in excess of the estimated reasonable value of
19the work or not in the public interest, all bids may be rejected. The department shall,
20so far as reasonable, follow uniform methods of advertising for bids and may
21prescribe and require uniform forms of bids and contracts. Except as provided in par.
22(b), the secretary shall enter into the contract on behalf of the state. Every such
23contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.87
24and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 , 16.771, and 16.871 apply to the
25contract. Any such contract involving an expenditure of $1,000 or more shall not be

1valid until approved by the governor. The secretary may require the attorney general
2to examine any contract and any bond submitted in connection with the contract and
3report on its sufficiency of form and execution. The bond required by s. 779.14 (1m)
4is exempt from approval by the governor and shall be subject to approval by the
5secretary. This subsection also applies to contracts with private contractors based
6on bids for maintenance under s. 84.07.
AB792, s. 31 7Section 31. 84.06 (3) of the statutes is amended to read:
AB792,28,258 84.06 (3) Contracts with county or municipality; direct labor; materials. If
9the department finds that it would be more feasible and advantageous to have the
10improvement performed by the county in which the proposed improvement is located
11and without bids, the department may, by arrangement with the county highway
12committee of the county, enter into a contract satisfactory to the department to have
13the work done by the county forces and equipment. In such contract the department
14may authorize the county to purchase, deliver, and store materials and may fix the
15rental rates of small tools and equipment. The contract shall be between the county
16and the state and shall not be based on bids, and may be entered into on behalf of the
17county by the county highway committee and on behalf of the state by the secretary.
18Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230,
19except ss. 16.753 and, 16.754, 16.771, and 16.871. If the total estimated
20indebtedness to be incurred exceeds $5,000 the contract shall not be valid until
21approved by the governor. The provisions of this subsection relating to agreements
22between a county and the state shall also authorize and apply to such arrangements
23between a city, town, or a village and the state. In such cases, the governing body
24of the city, town, or village shall enter into the agreement on behalf of the
25municipality.
AB792, s. 32
1Section 32. 84.06 (4) of the statutes is amended to read:
AB792,29,202 84.06 (4) Special contracts with railroads and utilities. If an improvement
3undertaken by the department will cross or affect the property or facilities of a
4railroad or public utility company, the department may, upon finding that it is
5feasible and advantageous to the state, arrange to perform portions of the
6improvement work affecting such facilities or property or perform work of altering,
7rearranging, or relocating such facilities by contract with the railroad or public
8utility. Such contract shall be between the railroad company or public utility and the
9state and need not be based on bids. The contract may be entered into on behalf of
10the state by the secretary. Every such contract is exempted from s. 779.14 and from
11all provisions of chs. 16 and 230, except ss. 16.528, 16.752, 16.753, and 16.754,
1216.771, and 16.871
. No such contract in which the total estimated debt to be incurred
13exceeds $5,000 shall be valid until approved by the governor. As used in this
14subsection, "public utility" means the same as in s. 196.01 (5), and includes a
15telecommunications carrier as defined in s. 196.01 (8m), and "railroad" means the
16same as in s. 195.02. "Property" as used in this subsection includes but is not limited
17to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines,
18plants, substations, and other facilities. Nothing in this subsection shall be
19construed to relieve any railroad or public utility from any financial obligation,
20expense, duty, or responsibility otherwise provided by law relative to such property.
AB792, s. 33 21Section 33. 84.06 (13) of the statutes is created to read:
AB792,29,2422 84.06 (13) Tests of concrete thickness. Notwithstanding any other provision
23of this section and s. 84.01, the department shall use department employees to
24conduct all tests of concrete thickness on its highway projects.
AB792, s. 34 25Section 34. 85.015 of the statutes is amended to read:
AB792,30,5
185.015 Transportation assistance contracts. All contracts entered into
2under this chapter to provide financial assistance in the areas of railroads, urban
3mass transit, specialized transportation, and harbors are subject to ss. 16.528,
416.752, and 16.753, 16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755
5to 16.77, 16.78 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.
AB792, s. 35 6Section 35. 102.81 (2) of the statutes is amended to read:
AB792,30,197 102.81 (2) The department may retain an insurance carrier or insurance
8service organization to process, investigate and pay claims under this section and
9may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
10do business in this state in an amount that the secretary determines is necessary for
11the sound operation of the uninsured employers fund. In cases involving disputed
12claims, the department may retain an attorney to represent the interests of the
13uninsured employers fund and to make appearances on behalf of the uninsured
14employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
15provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
16attorney hired under this subsection. The charges for the services retained under
17this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
18of any reinsurance obtained under this subsection shall be paid from the
19appropriation under s. 20.445 (1) (sm).
AB792, s. 36 20Section 36. 165.08 of the statutes is amended to read:
AB792,31,4 21165.08 Power to compromise. Any civil action prosecuted by the
22department by direction of any officer, department, board or commission, shall be
23compromised or discontinued when so directed by such officer, department, board or
24commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
25action prosecuted by the department on the initiative of the attorney general, or at

1the request of any individual may be compromised or discontinued with the approval
2of the governor. In any criminal action prosecuted by the attorney general, the
3department shall have the same powers with reference to such action as are vested
4in district attorneys.
AB792, s. 37 5Section 37. 165.25 (11) of the statutes is amended to read:
AB792,31,96 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
7or 20.932, and, if the department determines that a person has committed an act that
8is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
9a civil action against that person.
AB792, s. 38 10Section 38. 221.0903 (4) (b) of the statutes is amended to read:
AB792,31,1711 221.0903 (4) (b) Contracts for examination services. The division may enter
12into contracts with any bank supervisory agency with concurrent jurisdiction over
13a state bank or an in-state branch of an out-of-state state bank to engage the
14services of the agency's examiners at a reasonable rate of compensation, or to provide
15the services of the division's examiners to the agency at a reasonable rate of
16compensation. Contracts entered into under this paragraph are exempt from ss.
1716.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.
AB792, s. 39 18Section 39. 801.02 (1) of the statutes is amended to read:
AB792,31,2319 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
20action in which a personal judgment is sought is commenced as to any defendant
21when a summons and a complaint naming the person as defendant are filed with the
22court, provided service of an authenticated copy of the summons and of the complaint
23is made upon the defendant under this chapter within 90 days after filing.
AB792, s. 40 24Section 40. 803.09 (1) and (2) of the statutes are amended to read:
AB792,32,6
1803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
2anyone shall be permitted to intervene in an action when the movant claims an
3interest relating to the property or transaction which is the subject of the action and
4the movant is so situated that the disposition of the action may as a practical matter
5impair or impede the movant's ability to protect that interest, unless the movant's
6interest is adequately represented by existing parties.
AB792,32,16 7(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
8may be permitted to intervene in an action when a movant's claim or defense and the
9main action have a question of law or fact in common. When a party to an action
10relies for ground of claim or defense upon any statute or executive order or rule
11administered by a federal or state governmental officer or agency or upon any
12regulation, order, rule, requirement or agreement issued or made pursuant to the
13statute or executive order, the officer or agency upon timely motion may be permitted
14to intervene in the action. In exercising its discretion the court shall consider
15whether the intervention will unduly delay or prejudice the adjudication of the rights
16of the original parties.
AB792, s. 41 17Section 41. 804.01 (2) (intro.) of the statutes is amended to read:
AB792,32,2018 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
19and 20.932 (9), and unless otherwise limited by order of the court in accordance with
20the provisions of this chapter, the scope of discovery is as follows:
AB792, s. 42 21Section 42. 805.04 (2m) of the statutes is amended to read:
AB792,32,2522 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
23dismissed only by order of the court. In determining whether to dismiss the action
24filed under s. 20.931 or 20.932, the court shall take into account the best interests
25of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.
AB792, s. 43
1Section 43. 893.981 of the statutes is amended to read:
AB792,33,4 2893.981 False claims. An action or claim under s. 20.931 or 20.932 shall be
3commenced within 10 years after the cause of the action or claim accrues or be
4barred.
AB792, s. 44 5Section 44. Nonstatutory provisions.
AB792,33,96 (1) Report on local road projects. No later than the first day of the 7th month
7beginning after the effective date of this subsection, the department of
8transportation shall submit a report to the joint committee on finance that contains
9all of the following:
AB792,33,1210 (a) Recommendations on actions that the department and local governments
11can take to improve the efficiency, cost-effectiveness, and timeliness of local road
12construction projects.
AB792,33,1413 (b) Any proposed legislative changes that the legislature can consider that may
14help to implement the recommendations under paragraph (a ).
AB792, s. 45 15Section 45. Initial applicability.
AB792,33,2016 (1) The treatment of sections 16.705 (3) (intro.), (5g), (5m), and (5r) and 16.75
17(1) (b), (2m) (b), and (6) (c) of the statutes, the renumbering and amendment of section
1816.705 (1), (2), and (6) of the statutes, and the creation of section 16.705 (1) (a) 3. and
19(b), (2) (a) 3., (b), and (c), and (6) (a) of the statutes first apply to solicitations for
20contractual services issued on the effective date of this subsection.
AB792,33,2321 (2) The creation of section 16.705 (1) (c) of the statutes first applies to contracts
22entered into, renewed, modified, or extended, whichever occurs first, on the effective
23date of this subsection.
AB792,34,3
1(3) The treatment of section 16.705 (4) of the statutes first applies to a
2solicitation or a letter of intent to contract issued on the effective date of this
3subsection.
AB792,34,74 (4) The treatment of sections 16.771, 16.871, 23.41 (5), 25.18 (1) (a), (f), and (m),
566.0902, 84.01 (13), 84.06 (2) (a), (3), and (4), 85.015, 102.81 (2), and 221.0903 (4) (b)
6of the statutes first applies with respect to false claims that are presented or caused
7to be presented on the effective date of this subsection.
AB792,34,88 (End)
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