SB572,12,5 3(15) A civil action may be brought based upon acts occurring prior to the
4effective date of this subsection .... [LRB inserts date], if the action is brought within
5the period specified in s. 893.981.

SB572,12,9 6(16) A judgment of guilty entered against a defendant in a criminal action in
7which the defendant is charged with fraud or making false statements estops the
8defendant from denying the essential elements of the offense in any action under sub.
9(5) that involves the same elements as in the criminal action.

SB572,12,11 10(17) The remedies provided for under this section are in addition to any other
11remedies provided for under any other law or available under the common law.

SB572,12,14 12(18) This section shall be liberally construed and applied to promote the public
13interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
14reflected in the act and the legislative history of the act.

SB572,12,2416 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
1716, except s. 16.753, employ special legal or investment counsel in any matters
18arising out of the scope of its investment authority. Section Sections 16.753 does,
1916.771, 16.871, and 20.932 do not apply to the employment of legal or investment
20counsel for the purpose of assisting the board with investments or arising out of the
21scope of the board's investment authority. The employment of special legal counsel
22shall be with the advice and consent of the attorney general whenever such special
23counsel is to be compensated by the board. Any expense of counsel so employed shall
24be borne by the fund for which the services shall be furnished.

SB572,13,10

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125.18 (1) (f) Maintain and repair any building or other structure or premises
2which it owns in fee or in which it owns the beneficial interest and, notwithstanding
3all provisions of subch. IV or V of ch. 16, except s. 16.753, it shall have exclusive
4authority to make such agreements and enter into such contracts as it deems
5necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932
6do not apply to agreements and contracts entered into by the board for the purpose
7of assisting the board with investments or arising out of the scope of the board's
8investment authority. All noncapital costs under this paragraph shall be charged to
9the current income accounts of the funds having an interest in the building, structure
10or premises.

SB572,13,2012 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
13except s. 16.753, employ professionals, contractors or other agents necessary to
14evaluate or operate any property if a fund managed by the board has an interest in,
15or is considering purchasing or lending money based upon the value of, that property.
16Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the
17employment of any person for the purpose of assisting the board with investments
18or arising out of the scope of the board's investment authority. Costs under this
19paragraph shall be paid by the fund and charged to the appropriate account under
20s. 40.04 (3).

SB572,13,22 2266.0902 False claims. (1) Definitions. In this section:

SB572,13,2323 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

SB572,14,224 (b) "Public contract" means a contract that is subject to s. 66.0903 and that is
25for the construction, execution, repair, remodeling, or improvement of a public work

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1or building or for the furnishing of supplies, equipment, material, or professional or
2contractual services of any kind.

SB572,14,8 3(2) Presentation of false claims. Whoever knowingly presents or causes to
4be presented a false claim for payment under any public contract with a local
5governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
6times the amount of the damages that were sustained by the local governmental unit
7or would have been sustained by the local governmental unit, whichever is greater,
8as a result of the false claim.

SB572,14,2210 84.01 (13) Engineering services. The department may engage such
11engineering, consulting, surveying, or other specialized services as it deems
12advisable. Any engagement of services under this subsection is exempt from ss.
1316.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and
1416.754 apply to such engagement. Section 20.932 does not apply to any engagement
15of services under this subsection. Any engagement involving an expenditure of
16$3,000 or more shall be by formal contract approved by the governor. The department
17shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each
18proposed engagement under this subsection that involves an estimated expenditure
19of more than $25,000 in accordance with standards prescribed by rule of the
20department. The department shall review periodically, and before any renewal, the
21continued appropriateness of contracting pursuant to each engagement under this
22subsection that involves an estimated expenditure of more than $25,000.

SB572,15,1024 84.01 (31) Accommodation of utility facilities within highway rights-of-way.
25Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon

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1finding that it is feasible and advantageous to the state, negotiate and enter into an
2agreement to accept any plant or equipment used for the conveyance, by wire, optics,
3radio signal, or other means, of voice, data, or other information at any frequency
4over any part of the electromagnetic spectrum, or to accept any services associated
5with the collection, storage, forwarding, switching, and delivery incidental to such
6communication, as payment for the accommodation of a utility facility, as defined in
7s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this
8subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
9ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not
10apply to any agreement under this subsection.

SB572,16,612 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 16.82, 16.87 and 16.89, but
24ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Section 20.932 does not
25apply to the contract. Any such contract involving an expenditure of $1,000 or more

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1shall not be valid until approved by the governor. The secretary may require the
2attorney general to examine any contract and any bond submitted in connection with
3the contract and report on its sufficiency of form and execution. The bond required
4by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to
5approval by the secretary. This subsection also applies to contracts with private
6contractors based on bids for maintenance under s. 84.07.

SB572,16,258 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.
18Section 20.932 does not apply to the contract. Such contract is exempted from s.
19779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If
20the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not
21be valid until approved by the governor. The provisions of this subsection relating
22to agreements between a county and the state shall also authorize and apply to such
23arrangements between a city, town, or a village and the state. In such cases, the
24governing body of the city, town, or village shall enter into the agreement on behalf
25of the municipality.

SB572,17,202 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. Section 20.932 does not apply to the contract. Every such
11contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except
12ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated
13debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As
14used in this subsection, "public utility" means the same as in s. 196.01 (5), and
15includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad"
16means the same as in s. 195.02. "Property" as used in this subsection includes but
17is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations,
18pole lines, plants, substations, and other facilities. Nothing in this subsection shall
19be construed to relieve any railroad or public utility from any financial obligation,
20expense, duty, or responsibility otherwise provided by law relative to such property.

SB572,18,2 2285.015 Transportation assistance contracts. All contracts entered into
23under this chapter to provide financial assistance in the areas of railroads, urban
24mass transit, specialized transportation, and harbors are subject to ss. 16.528,
2516.752, and 16.753 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to

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116.87, and 16.875 to 16.89. Section 20.932 does not apply to contracts specified in
2this section.

SB572,18,164 102.81 (2) The department may retain an insurance carrier or insurance
5service organization to process, investigate and pay claims under this section and
6may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
7do business in this state in an amount that the secretary determines is necessary for
8the sound operation of the uninsured employers fund. In cases involving disputed
9claims, the department may retain an attorney to represent the interests of the
10uninsured employers fund and to make appearances on behalf of the uninsured
11employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
12provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
13attorney hired under this subsection. The charges for the services retained under
14this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
15of any reinsurance obtained under this subsection shall be paid from the
16appropriation under s. 20.445 (1) (sm).

SB572,19,2 18165.08 Power to compromise. Any civil action prosecuted by the
19department by direction of any officer, department, board or commission, shall be
20compromised or discontinued when so directed by such officer, department, board or
21commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
22action prosecuted by the department on the initiative of the attorney general, or at
23the request of any individual may be compromised or discontinued with the approval
24of the governor. In any criminal action prosecuted by the attorney general, the

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1department shall have the same powers with reference to such action as are vested
2in district attorneys.

SB572,19,74 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
5or 20.932, and, if the department determines that a person has committed an act that
6is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
7a civil action against that person.

SB572,19,159 221.0903 (4) (b) Contracts for examination services. The division may enter
10into contracts with any bank supervisory agency with concurrent jurisdiction over
11a state bank or an in-state branch of an out-of-state state bank to engage the
12services of the agency's examiners at a reasonable rate of compensation, or to provide
13the services of the division's examiners to the agency at a reasonable rate of
14compensation. Contracts entered into under this paragraph are exempt from ss.
1516.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.

SB572,19,2117 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
18action in which a personal judgment is sought is commenced as to any defendant
19when a summons and a complaint naming the person as defendant are filed with the
20court, provided service of an authenticated copy of the summons and of the complaint
21is made upon the defendant under this chapter within 90 days after filing.

SB572,20,323 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
24anyone shall be permitted to intervene in an action when the movant claims an
25interest relating to the property or transaction which is the subject of the action and

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1the movant is so situated that the disposition of the action may as a practical matter
2impair or impede the movant's ability to protect that interest, unless the movant's
3interest is adequately represented by existing parties.

SB572,20,13 4(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
5may be permitted to intervene in an action when a movant's claim or defense and the
6main action have a question of law or fact in common. When a party to an action
7relies for ground of claim or defense upon any statute or executive order or rule
8administered by a federal or state governmental officer or agency or upon any
9regulation, order, rule, requirement or agreement issued or made pursuant to the
10statute or executive order, the officer or agency upon timely motion may be permitted
11to intervene in the action. In exercising its discretion the court shall consider
12whether the intervention will unduly delay or prejudice the adjudication of the rights
13of the original parties.

SB572,20,1715 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
16and 20.932 (9), and unless otherwise limited by order of the court in accordance with
17the provisions of this chapter, the scope of discovery is as follows:

SB572,20,2219 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
20dismissed only by order of the court. In determining whether to dismiss the action
21filed under s. 20.931 or 20.932, the court shall take into account the best interests
22of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.

SB572,21,2 24893.981 False claims. An action or claim under s. 20.931 shall be commenced
25within 10 years after the cause of the action or claim accrues or be barred. An action

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1or claim under s. 20.932 shall be commenced within 3 years after the cause of the
2action or claim accrues or be barred.