Chapter 20

20.9305(2)(a)2. 2. The estimated amount of time and labor required to perform the legal services, including the novelty, complexity, and difficulty of the legal issues involved and the required skill.

20.9305(2)(a)3. 3. The venue in which the litigation would likely occur.

20.9305(2)(a)4. 4. The amount of experience with similar legal issues or cases needed for the particular type of legal services to be provided.

20.9305(2)(b) (b) If the governor makes a determination under par. (a), the governor shall request the department of administration to invite bids to be submitted. The department of administration shall invite bids and shall ensure that the notice of the bidding process contains any pertinent requirements in this section. Following the bidding process, the secretary of administration shall recommend a responsible bidder to the governor, who shall make the final determination. The governor may determine that inviting bids is not feasible and the governor shall set forth the basis for this determination in writing.

20.9305(2)(c) (c)

20.9305(2)(c)1. 1. No contract entered into under this subsection may provide an aggregate contingency fee excluding reasonable costs and expenses, as determined by the court with jurisdiction over the action, that is more than any of the following:

20.9305(2)(c)1.a. a. If the recovery is less than $10 million, 25 percent of the recovery.

20.9305(2)(c)1.b. b. If the recovery is at least $10 million but less than $15 million, the sum of $2,500,000 and 20 percent of the amount by which the recovery exceeds $10 million.

20.9305(2)(c)1.c. c. If the recovery is at least $15 million but less than $20 million, the sum of $3,500,000 and 15 percent of the amount by which the recovery exceeds $15 million.

20.9305(2)(c)1.d. d. If the recovery is at least $20 million but less than $25 million, the sum of $4,250,000 and 10 percent of the amount by which the recovery exceeds $20 million.

20.9305(2)(c)1.e. e. If the recovery is at least $25 million, the sum of $4,750,000 and 5 percent of the amount by which the recovery exceeds $25 million.

20.9305(2)(c)2. 2. The aggregate contingency fee for one action under this subsection may not exceed $30 million, excluding reasonable costs and expenses as determined by the court with jurisdiction over the action, without regard to the number of attorneys retained or the number of lawsuits filed. A contingency fee may not be based on penalties or fines or any amounts attributable to penalties or fines.

20.9305(2)(f) (f) An attorney who is party to a contract entered into under this subsection shall, during the period beginning from the date the contract is entered into until 4 years after the contract and all of its extensions expire or are terminated, do all of the following:

20.9305(2)(f)1. 1. Maintain records, including documentation of all expenses, disbursements, charges, credits, receipts and invoices, and other financial transactions, that relate to the provision of the legal services under this subsection.

20.9305(2)(f)2. 2. Make all records maintained under subd. 1. available, upon request, for inspection and copying as provided under s. 19.35 (1).

20.9305(2)(f)3. 3. Maintain current records detailing the time, in increments no greater than one-tenth of an hour, that attorneys and paralegals spent working under the contract and provide the record, as soon as practically possible, to the governor upon request.

20.9305(2)(g) (g) Annually, no later than February 1, the governor shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that describes the use of contingency fee contracts under this subsection. The report shall include all of the following:

20.9305(2)(g)1. 1. All contracts entered into under this subsection in the year prior to the submittal of the report and all contracts that were active in the year prior to the submittal of the report. The report shall include for each contract all of the following:

20.9305(2)(g)1.a. a. The name of the attorney and the attorney’s law firm with which the agency has contracted.

20.9305(2)(g)1.b. b. The nature and status of the legal matter under contract.

20.9305(2)(g)1.c. c. The name of the parties to the legal matter.

20.9305(2)(g)1.d. d. The amount of any recovery.

20.9305(2)(g)1.e. e. The amount of any contingency fee paid.

20.9305(2)(g)2. 2. Copies of written determinations made under par. (a).

20.9305 History History: 2013 a. 105; 2015 a. 118; 2021 a. 267.

20.931 20.931 Prohibited boycotts.

20.931(1) (1) Definitions. In this section:

20.931(1)(a) (a) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

20.931(1)(b) (b) “Prohibited boycott” means a refusal to deal with or a termination of business relations with Israel or a person doing business in Israel or in a territory under Israeli jurisdiction, if the refusal or termination is intended to penalize, inflict economic harm on, or limit commercial relations with Israel or the territory. “Prohibited boycott” does not include an action taken for ordinary business purposes.

20.931(1)(c) (c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.

20.931(2) (2) Prohibition of boycotting and other actions. No state agency and no local governmental unit may adopt a rule, ordinance, policy, or procedure that involves the state agency or local governmental unit in a prohibited boycott.

20.931 History History: 2017 a. 248.

20.940 20.940 Legislative authorization and oversight of requests to federal government.

20.940(1) (1) Definition. In this section, “department” means the department of health services.

20.940(2) (2) Legislative authorization required. The department may not submit a request to a federal agency for a waiver or a renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project unless legislation has been enacted specifically directing the submission of the request for a waiver, renewal, modification, withdrawal, suspension, termination, or authorization.

20.940(3) (3) Legislative oversight of requests to federal agencies. If submission to a federal agency of a request for a waiver or renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project is required in legislation enacted on or after January 1, 2011, the department that is required to submit the request shall do all of the following that apply:

20.940(3)(a) (a) When the request has not been submitted to the applicable federal agency, do all of the following:

20.940(3)(a)1. 1. Beginning 60 days after the enactment of the legislation requiring the request or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan describing the department’s plan for submitting the request including an expected timeline for submitting the request in which the submission date is no later than 90 days after submission of the implementation plan under this subdivision. If the department is unable to submit the request by the date specified in the implementation plan, the department may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward submission of the request and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the request for an extension under this subdivision that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this subdivision, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the extension request, the department may consider the extension granted only upon approval by the committee. No more than 3 90-day extensions may be granted under this subdivision.

20.940(3)(a)2. 2. When the department has finalized its proposed request before submitting the request to the federal agency, submit the proposed request to the joint committee on finance for approval by the committee. The department may submit the proposed request to the appropriate federal agency only upon approval by the committee. The procedures under s. 13.10 do not apply to this subdivision.

20.940(3)(b) (b) When the request has been submitted to the applicable federal agency but has not been denied or approved by that federal agency, do all of the following:

20.940(3)(b)1. 1. Contact no less frequently than biweekly the federal agency considering the request to continue negotiations in furtherance of approval of the request.

20.940(3)(b)2. 2. Beginning 30 days after the date of submission of the request to the federal agency or March 1, 2019, whichever is later, and monthly thereafter, submit to the joint committee on finance a progress report on negotiations with the federal agency toward approval of the request. The department shall request from the federal agency a description in writing of any portions of the request that the federal agency has stated will not be approved and reasons for not approving. The department shall include in its monthly report under this subdivision any written description from the federal agency regarding any portion of the request that the federal agency has stated will not be approved.

20.940(3)(b)3. 3. Beginning 90 days after the date of submission of the request to the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee’s request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward approval of the request to respond to inquiries and requests for information by the committee.

20.940(3)(b)4. 4. Before final approval of the request by the federal agency, submit the proposed approval as negotiated with the federal agency to the joint committee on finance for approval or disapproval. The joint committee on finance may approve or disapprove but may not modify the proposed approval as negotiated with the federal agency. The department may agree to final approval of the request only upon approval by the joint committee on finance. If the joint committee on finance disapproves, the department shall withdraw the request or renegotiate the request with the federal agency and resubmit the proposed approval as renegotiated to the joint committee on finance for approval or disapproval. The procedures under s. 13.10 do not apply to this subdivision.

20.940(3)(c) (c) When the request has been approved in whole or in part by the applicable federal agency but has not been fully implemented by the department, do all of the following:

20.940(3)(c)1. 1. Beginning 60 days after the date of approval of any portion of the request by the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan for the approved portions of the request including the expected timeline for final implementation of the request in accordance with the federal agency’s approval. When the department submits an implementation plan that it considers its final implementation plan, the department may not implement the approved portions of the request until the joint committee on finance approves the final implementation plan. The procedures under s. 13.10 do not apply to this subdivision.

20.940(3)(c)2. 2. Beginning 30 days after the date of submission of the implementation plan and monthly thereafter, submit to the joint committee on finance a progress report on implementation of the approved portions of the request.

20.940(3)(c)3. 3. Beginning 90 days after the date of approval of any portion of the request by the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee’s request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward implementation of the approval of the request to respond to inquiries and requests for information by the committee.

20.940(4) (4) Requests for renewal. No later than 9 months before the expiration of an approved waiver of federal law, pilot program, or demonstration project for which no legislation has been enacted specifying that the waiver, program, or project must be suspended or terminated, the department shall submit a written notice to the joint committee on finance of the expiration date and the department’s intent regarding renewal. If the department intends to request substantive changes to the waiver, program, or project in its request to the federal agency, the department shall comply with the procedures under sub. (3). If the department intends to renew the waiver, program, or project without substantive changes, notwithstanding sub. (3) and before submitting the renewal request to the federal agency, the department shall submit a proposed renewal request to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal of the proposed renewal request under this subsection that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request. If, within 14 working days after the date of the submittal of the proposed renewal request under this subsection, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request only upon approval by the committee. After reviewing the proposed renewal request and determining any changes requested are substantive, the cochairpersons of the joint committee on finance may require the department to comply with any of the procedures under sub. (3). The procedures under s. 13.10 do not apply to this subsection.

20.940(5) (5) Delegation to standing committee. The cochairpersons of the joint committee on finance may delegate to a standing committee of the legislature of appropriate subject matter jurisdiction any of the responsibilities of the joint committee on finance under sub. (3). The cochairpersons shall specify the terms of a delegation under this subsection and shall determine what constitutes an approval under a delegation under this subsection.

20.940(6) (6) Funding or position reduction for noncompliance. If the joint committee on finance determines that the department has not made sufficient progress in submitting the request, negotiating with the federal agency, or implementing an approved portion of a request or is not acting in accordance with the enacted legislation requiring the submission of the request, the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the department’s appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the department related to the program for which the request is required to be submitted. The procedures under s. 13.10 do not apply to this subsection.

20.940 History History: 2017 a. 370.