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Bills · 2013-2014 Regular Session

AB 27

Became law Official bill text Atom feed

Relating to: state agencies entering into contracts for legal services on a contingent fee basis. (FE)

Administration, department of — Budget and fiscal issues Attorney — Fee Contracts Court — Procedure Data processing Government accountability board Governor Reports State agencies State capitol

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill generally prohibits a state agency from contracting to provide legal

services for the state on a contingent fee basis unless the governor makes a written

determination that entering into such a contract is cost-effective and in the public

interest. If the governor makes such a determination, this bill imposes limits on

aggregate contingency fees based on the amount of the recovery as follows: if the

recovery is less than $10 million, the contingency fee limit is 25 percent of that

recovery; if the recovery is between $10 million and $15 million, the limit is 20

percent of that recovery; if the recovery is between $15 million and $20 million, the

limit is 15 percent of that recovery; if the recovery is between $20 million and $25

million, the limit is 10 percent of that recovery; and if the recovery is $25 million or

more, the limit is 5 percent of that recovery. In addition, this bill requires that

attorneys employed by the state retain certain powers in the contract. For instance,

the state attorneys must retain control over the course and conduct of the case, may

reject decisions made by any attorney retained under the contract, and have

exclusive discretion regarding settlement decisions. This bill also requires that

copies of such contingency fee contracts and notice of the amount of any contingency

fees paid be posted on the Internet site of the office of the governor. Finally, this bill

requires any attorney who is party to a contingency fee contract with the state to

maintain financial records related to the legal services provided.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: A. Ott (R) , August (R) , Craig (R) , Jacque (R) , Kuglitsch (R) , Schraa (R) , Spiros (R) , Stone (R) , Stroebel (R) , Thiesfeldt (R)

3 cosponsors

Farrow (R) , Grothman (R) , Vukmir (R)

Votes

Assembly: Report Assembly Amendment 4 adoption recommended by Committee on Judiciary, Ayes 8, Noes 0

Passed 8–0 Apr 15, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Judiciary, Ayes 5, Noes 3

Passed 5–3 Apr 15, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 5 laid on table, Ayes 58, Noes 38

Passed 58–38 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Substitute Amendment 1 laid on table, Ayes 58, Noes 38

Passed 58–38 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 60, Noes 36

Passed 60–36 May 8, 2013 official source full page

Aye · 60

Not voting · 3

Senate: Report concurrence recommended by Committee on Judiciary and Labor, Ayes 4, Noes 1

Passed 4–1 Oct 2, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

Passed 5–0 Oct 7, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Amendment 1 laid on table, Ayes 18, Noes 15

Passed 18–15 Oct 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate Amendment 2 laid on table, Ayes 18, Noes 15

Passed 18–15 Oct 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Refused to refer to committee on Judiciary and Labor, Ayes 15, Noes 18

Failed 15–18 Oct 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Concurred in, Ayes 23, Noes 10

Passed 23–10 Oct 8, 2013 official source full page

Full history

  1. Feb 18, 2013 · Assembly

    Introduced by Representatives Kuglitsch, August, A. Ott, Craig, Stone, Schraa, Jacque, Spiros, Stroebel and Thiesfeldt; cosponsored by Senators Grothman, Vukmir and Farrow

  2. Feb 18, 2013 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Mar 20, 2013 · Assembly

    Fiscal estimate received

  4. Mar 25, 2013 · Assembly

    Assembly Amendment 1 offered by Representative Kuglitsch

  5. Mar 28, 2013 · Assembly

    Public hearing held

  6. Apr 2, 2013 · Assembly

    Assembly Amendment 2 offered by Representatives Goyke, Wachs and Hebl

  7. Apr 2, 2013 · Assembly

    Assembly Amendment 3 offered by Representatives Goyke, Wachs and Hebl

  8. Apr 3, 2013 · Assembly

    Assembly Amendment 4 offered by Representative Kuglitsch

  9. Apr 4, 2013 · Assembly

    Executive action taken

  10. Apr 15, 2013 · Assembly

    Report passage as amended recommended by Committee on Judiciary, Ayes 5, Noes 3

  11. Apr 15, 2013 · Assembly

    Referred to Committee on Rules

  12. Apr 15, 2013 · Assembly

    Report Assembly Amendment 4 adoption recommended by Committee on Judiciary, Ayes 8, Noes 0

  13. May 2, 2013 · Assembly

    Placed on calendar 5-8-2013 by Committee on Rules

  14. May 7, 2013 · Assembly

    Assembly Amendment 5 offered by Representatives Goyke, Hebl and Wachs

  15. May 7, 2013 · Assembly

    Made a special order of business at 1:02 PM on 5-8-2013 pursuant to Assembly Resolution 9

  16. May 8, 2013 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Goyke

  17. May 8, 2013 · Assembly

    Read a second time

  18. May 8, 2013 · Assembly

    Assembly Substitute Amendment 1 laid on table, Ayes 58, Noes 38

  19. May 8, 2013 · Assembly

    Assembly Amendment 4 adopted

  20. May 8, 2013 · Assembly

    Assembly Amendment 5 laid on table, Ayes 58, Noes 38

  21. May 8, 2013 · Assembly

    Ordered to a third reading

  22. May 8, 2013 · Assembly

    Rules suspended

  23. May 8, 2013 · Assembly

    Read a third time and passed, Ayes 60, Noes 36

  24. May 8, 2013 · Assembly

    Ordered immediately messaged

  25. May 9, 2013 · Senate

    Received from Assembly

  26. May 10, 2013 · Senate

    Read first time and referred to committee on Judiciary and Labor

  27. Oct 1, 2013 · Senate

    Executive action taken

  28. Oct 2, 2013 · Senate

    Report concurrence recommended by Committee on Judiciary and Labor, Ayes 4, Noes 1

  29. Oct 2, 2013 · Senate

    Available for scheduling

  30. Oct 7, 2013 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  31. Oct 7, 2013 · Senate

    Placed on calendar 10-8-2013 pursuant to Senate Rule 18(1)

  32. Oct 8, 2013 · Senate

    Senate Amendment 1 offered by Senators Vinehout, Harris, T. Cullen, C. Larson, Lassa, Hansen, Carpenter, Risser and L. Taylor

  33. Oct 8, 2013 · Senate

    Senate Amendment 2 offered by Senators Vinehout, Harris, Lehman, T. Cullen, C. Larson, Lassa, Hansen, Carpenter, Risser and L. Taylor

  34. Oct 8, 2013 · Senate

    Senate Amendment 3 offered by Senators Vinehout, Harris, Lehman, T. Cullen, C. Larson, Lassa, Hansen, Carpenter, Risser and L. Taylor

  35. Oct 8, 2013 · Senate

    Senate Amendment 4 offered by Senators Vinehout, Harris, Lehman, T. Cullen, C. Larson, Lassa, Hansen, Carpenter, Risser and L. Taylor

  36. Oct 8, 2013 · Senate

    Read a second time

  37. Oct 8, 2013 · Senate

    Senate Amendment 1 laid on table, Ayes 18, Noes 15

  38. Oct 8, 2013 · Senate

    Senate Amendment 2 laid on table, Ayes 18, Noes 15

  39. Oct 8, 2013 · Senate

    Senate Amendment 3 laid on table

  40. Oct 8, 2013 · Senate

    Senate Amendment 4 laid on table

  41. Oct 8, 2013 · Senate

    Ordered to a third reading

  42. Oct 8, 2013 · Senate

    Rules suspended

  43. Oct 8, 2013 · Senate

    Read a third time

  44. Oct 8, 2013 · Senate

    Refused to refer to committee on Judiciary and Labor, Ayes 15, Noes 18

  45. Oct 8, 2013 · Senate

    Concurred in, Ayes 23, Noes 10

  46. Oct 8, 2013 · Senate

    Ordered immediately messaged

  47. Oct 8, 2013 · Assembly

    Received from Senate concurred in

  48. Oct 18, 2013 · Assembly

    Report correctly enrolled on 10-18-2013

  49. Dec 12, 2013 · Assembly

    Presented to the Governor on 12-12-2013

  50. Dec 13, 2013 · Assembly

    Report approved by the Governor on 12-13-2013. 2013 Wisconsin Act 105

  51. Dec 13, 2013 · Assembly

    Published 12-14-2013