SB1, s. 628
9Section
628. 20.923 (6) (bd) of the statutes is amended to read:
SB1,404,1110
20.923
(6) (bd)
Health and family services Children and families, department
11of: director of the office of urban development.
SB1, s. 628m
12Section 628m. 20.923 (6) (d) of the statutes is amended to read:
SB1,404,1313
20.923
(6) (d) Judicial council:
attorney, technical and clerical help.
SB1, s. 629
14Section 629. 20.923 (6) (hr) of the statutes is repealed.
SB1, s. 630
15Section
630. 20.923 (12) of the statutes is amended to read:
SB1,404,1816
20.923
(12) Other department of regulation and licensing positions. The
17salaries for division administrators and bureau directors appointed under s. 440.04
18(6) shall not exceed the maximum of the salary range for executive salary group
1 3.
SB1, s. 631
19Section
631. 20.927 (1m) of the statutes is amended to read:
SB1,404,2520
20.927
(1m) Except as provided under subs. (2) and (3), no funds of this state
21or of any county, city, village, town or
family long-term care district under s. 46.2895
22or of any subdivision or agency of this state or of any county, city, village or town and
23no federal funds passing through the state treasury shall be authorized for or paid
24to a physician or surgeon or a hospital, clinic or other medical facility for the
25performance of an abortion.
SB1, s. 632
1Section
632. 20.9275 (1) (b) of the statutes is amended to read:
SB1,405,42
20.9275
(1) (b) "Local governmental unit" means a city, village, town, county
3or
family long-term care district under s. 46.2895 or an agency or subdivision of a
4city, village, town
, or county.
SB1, s. 633
5Section
633. 20.9275 (2) (intro.) of the statutes is amended to read:
SB1,405,126
20.9275
(2) (intro.) No state agency or local governmental unit may authorize
7payment of funds of this state, of any local governmental unit or, subject to sub. (3m),
8of federal funds passing through the state treasury as a grant, subsidy or other
9funding that wholly or partially or directly or indirectly involves pregnancy
10programs, projects or services, that is a grant, subsidy or other funding under s.
1146.99, 46.995, 48.487, 48.545, 253.05, 253.07, 253.08
, or 253.085 or
42 USC 701 to
12710, if any of the following applies:
SB1, s. 635
13Section
635. 20.931 of the statutes is created to read:
SB1,405,15
1420.931 False claims for medical assistance; actions by or on behalf of
15state. (1) In this section:
SB1,405,1716
(b) "Claim" includes any request or demand for medical assistance made to any
17officer, employee, or agent of this state.
SB1,405,1818
(c) "Employer" includes all agencies and authorities.
SB1,405,2219
(d) "Knowingly" means, with respect to information, having actual knowledge
20of the information, acting in deliberate ignorance of the truth or falsity of the
21information, or acting in reckless disregard of the truth or falsity of the information.
22"Knowingly" does not mean specifically intending to defraud.
SB1,405,2323
(dm) "Medical assistance" has the meaning given under s. 49.43 (8).
SB1,406,3
1(e) "Proceeds" includes damages, civil penalties, surcharges, payments for costs
2of compliance, and any other economic benefit realized by this state as a result of an
3action or settlement of a claim.
SB1,406,44
(f) "State public official" has the meaning given in s. 19.42 (14).
SB1,406,8
5(2) Except as provided in sub. (3), any person who does any of the following is
6liable to this state for 3 times the amount of the damages sustained by this state
7because of the actions of the person, and shall forfeit not less than $5,000 nor more
8than $10,000 for each violation:
SB1,406,109
(a) Knowingly presents or causes to be presented to any officer, employee, or
10agent of this state a false claim for medical assistance .
SB1,406,1211
(b) Knowingly makes, uses, or causes to be made or used a false record or
12statement to obtain approval or payment of a false claim for medical assistance.
SB1,406,1613
(c) Conspires to defraud this state by obtaining allowance or payment of a false
14claim for medical assistance, or by knowingly making or using, or causing to be made
15or used, a false record or statement to conceal, avoid, or decrease an obligation to pay
16or transmit money or property to the Medical Assistance program.
SB1,406,1917
(g) Knowingly makes, uses, or causes to be made or used a false record or
18statement to conceal, avoid, or decrease any obligation to pay or transmit money or
19property to the Medical Assistance program.
SB1,406,2320
(h) Is a beneficiary of the submission of a false claim for medical assistance to
21any officer, employee, or agent of this state, knows that the claim is false, and fails
22to disclose the false claim to this state within a reasonable time after the person
23becomes aware that the claim is false.
SB1,407,2
24(3) The court may assess against a person who violates sub. (2) not less than
252 nor more than 3 times the amount of the damages sustained by the state because
1of the acts of the person, and shall not assess any forfeiture, if the court finds all of
2the following:
SB1,407,53
(a) The person who commits the acts furnished the attorney general with all
4information known to the person about the acts within 30 days after the date on
5which the person obtained the information.
SB1,407,66
(b) The person fully cooperated with any investigation of the acts by this state.
SB1,407,107
(c) At the time that the person furnished the attorney general with information
8concerning the acts, no criminal prosecution or civil or administrative enforcement
9action had been commenced with respect to any such act, and the person did not have
10actual knowledge of the existence of any investigation into any such act.
SB1,407,13
11(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
12action as a qui tam plaintiff against a person who commits an act in violation of sub.
13(2) for the person and the state in the name of the state.
SB1,407,2114
(b) The plaintiff shall serve upon the attorney general a copy of the complaint
15and documents disclosing substantially all material evidence and information that
16the person possesses. The plaintiff shall file a copy of the complaint with the court
17for inspection in camera. Except as provided in par. (c), the complaint shall remain
18under seal for a period of 60 days from the date of filing, and shall not be served upon
19the defendant until the court so orders. Within 60 days from the date of service upon
20the attorney general of the complaint, evidence, and information under this
21paragraph, the attorney general may intervene in the action.
SB1,407,2422
(c) The attorney general may, for good cause shown, move the court for one or
23more extensions of the period during which a complaint in an action under this
24subsection remains under seal.
SB1,408,2
1(d) Before the expiration of the period during which the complaint remains
2under seal, the attorney general shall do one of the following:
SB1,408,43
1. Proceed with the action or an alternate remedy under sub. (10), in which case
4the action or proceeding under sub. (10) shall be prosecuted by the state.
SB1,408,65
2. Notify the court that he or she declines to proceed with the action, in which
6case the person bringing the action may proceed with the action.
SB1,408,97
(e) If a person brings a valid action under this subsection, no person other than
8the state may intervene or bring a related action while the original action is pending
9based upon the same facts underlying the pending action.
SB1,408,1210
(f) In any action or other proceeding under sub. (10) brought under this
11subsection, the plaintiff is required to prove all essential elements of the cause of
12action or complaint, including damages, by a preponderance of the evidence.
SB1,408,17
13(6) If the state proceeds with an action under sub. (5) or an alternate remedy
14under sub. (10), the state has primary responsibility for prosecuting the action or
15proceeding under sub. (10). The state is not bound by any act of the person bringing
16the action, but that person has the right to continue as a party to the action, subject
17to the limitations under sub. (7).
SB1,408,23
18(7) (a) The state may move to dismiss an action under sub. (5) or an
19administrative proceeding under sub. (10) to which the state is a party for good cause
20shown, notwithstanding objection of the person bringing the action, if that person is
21served with a copy of the state's motion and is provided with an opportunity to oppose
22the motion before the court or the administrative agency before which the proceeding
23is conducted.
SB1,409,624
(b) With the approval of the governor, the attorney general may compromise
25and settle an action under sub. (5) or an administrative proceeding under sub. (10)
1to which the state is a party, notwithstanding objection of the person bringing the
2action, if the court determines, after affording to the person bringing the action the
3right to a hearing at which the person is afforded the opportunity to present evidence
4in opposition to the proposed settlement, that the proposed settlement is fair,
5adequate, and reasonable considering the relevant circumstances pertaining to the
6violation.
SB1,409,127
(c) Upon a showing by the state that unrestricted participation in the
8prosecution of an action under sub. (5) or an alternate proceeding to which the state
9is a party by the person bringing the action would interfere with or unduly delay the
10prosecution of the action or proceeding, or would result in consideration of
11repetitious or irrelevant evidence or evidence presented for purposes of harassment,
12the court may limit the person's participation in the prosecution, such as:
SB1,409,1313
1. Limiting the number of witnesses that the person may call.
SB1,409,1414
2. Limiting the length of the testimony of the witnesses.
SB1,409,1515
3. Limiting the cross-examination of witnesses by the person.
SB1,409,1716
4. Otherwise limiting the participation by the person in the prosecution of the
17action or proceeding.
SB1,409,2218
(d) Upon showing by a defendant that unrestricted participation in the
19prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
20which the state is a party by the person bringing the action would result in
21harassment or would cause the defendant undue burden or unnecessary expense, the
22court may limit the person's participation in the prosecution.
SB1,410,4
23(8) Except as provided in sub. (7), if the state elects not to participate in an
24action filed under sub. (5), the person bringing the action may prosecute the action.
25If the attorney general so requests, the attorney general shall, at the state's expense,
1be served with copies of all pleadings and deposition transcripts in the action. If the
2person bringing the action initiates prosecution of the action, the court, without
3limiting the status and rights of that person, may permit the state to intervene at a
4later date upon showing by the state of good cause for the proposed intervention.
SB1,410,14
5(9) Whether or not the state participates in an action under sub. (5), upon
6showing in camera by the attorney general that discovery by the person bringing the
7action would interfere with the state's ongoing investigation or prosecution of a
8criminal or civil matter arising out of the same facts as the facts upon which the
9action is based, the court may stay such discovery in whole or in part for a period of
10not more than 60 days. The court may extend the period of any such stay upon
11further showing in camera by the attorney general that the state has pursued the
12criminal or civil investigation of the matter with reasonable diligence and the
13proposed discovery in the action brought under sub. (5) will interfere with the
14ongoing criminal or civil investigation or prosecution.
SB1,411,2
15(10) The attorney general may pursue a claim relating to an alleged violation
16of sub. (2) through an alternate remedy available to the state or any state agency,
17including an administrative proceeding to assess a civil forfeiture. If the attorney
18general elects any such alternate remedy, the attorney general shall serve timely
19notice of his or her election upon the person bringing the action under sub. (5), and
20that person has the same rights in the alternate venue as the person would have had
21if the action had continued under sub. (5). Any finding of fact or conclusion of law
22made by a court or by a state agency in the alternate venue that has become final is
23conclusive upon all parties named in an action under sub. (5). For purposes of this
24subsection, a finding or conclusion is final if it has been finally determined on appeal,
1if all time for filing an appeal or petition for review with respect to the finding or
2conclusion has expired, or if the finding or conclusion is not subject to judicial review.
SB1,411,8
3(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
4action brought by a person under sub. (5) or the state pursues an alternate remedy
5relating to the same acts under sub. (10), the person who brings the action shall
6receive at least 15 percent but not more than 25 percent of the proceeds of the action
7or settlement of the claim, depending upon the extent to which the person
8contributed to the prosecution of the action or claim.
SB1,411,189
(b) Except as provided in par. (e), if an action or claim is one in which the court
10or other adjudicator finds to be based primarily upon disclosures of specific
11information not provided by the person who brings an action under sub. (5) relating
12to allegations or transactions specifically in a criminal, civil, or administrative
13hearing, or in a legislative or administrative report, hearing, audit, or investigation,
14or report made by the news media, the court or other adjudicator may award such
15amount as it considers appropriate, but not more than 10 percent of the proceeds of
16the action or settlement of the claim, depending upon the significance of the
17information and the role of the person bringing the action in advancing the
18prosecution of the action or claim.
SB1,411,2319
(c) Except as provided in par. (e), in addition to any amount received under par.
20(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
21reasonable expenses necessarily incurred in bringing the action together with the
22person's costs and reasonable actual attorney fees. The court or other adjudicator
23shall assess any award under this paragraph against the defendant.
SB1,412,424
(d) Except as provided in par. (e), if the state does not proceed with an action
25or an alternate proceeding under sub. (10), the person bringing the action shall
1receive an amount that the court decides is reasonable for collection of the civil
2penalty and damages. The amount shall be not less than 25 percent and not more
3than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
4addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB1,412,165
(e) Whether or not the state proceeds with the action or an alternate proceeding
6under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
7was brought by a person who planned or initiated the violation upon which the action
8or proceeding is based, then the court may, to the extent that the court considers
9appropriate, reduce the share of the proceeds of the action that the person would
10otherwise receive under par. (a), (b), or (d), taking into account the role of that person
11in advancing the prosecution of the action or claim and any other relevant
12circumstance pertaining to the violation, except that if the person bringing the action
13is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
14the court or other adjudicator shall dismiss the person as a party and the person shall
15not receive any share of the proceeds of the action or claim or any expenses, costs, and
16fees under par. (c).
SB1,412,19
17(12) (a) No court has jurisdiction over an action brought by a private person
18under sub. (5) against a state public official if the action is based upon information
19known to the attorney general at the time that the action is brought.
SB1,412,2320
(b) No person may bring an action under sub. (5) that is based upon allegations
21or transactions that are the subject of a civil action or an administrative proceeding
22to assess a civil forfeiture in which the state is a party if that action or proceeding
23was commenced prior to the date that the action is filed.
SB1,412,25
24(13) The state is not liable for any expenses incurred by a private person in
25bringing an action under sub. (5).
SB1,413,12
1(14) Any employee who is discharged, demoted, suspended, threatened,
2harassed, or in any other manner discriminated against by his or her employer
3because of lawful actions taken by the employee, on behalf of the employee, or by
4others in furtherance of an action or claim filed under this section, including
5investigation for, initiation of, testimony for, or assistance in an action or claim filed
6or to be filed under sub. (5) is entitled to all necessary relief to make the employee
7whole. Such relief shall in each case include reinstatement with the same seniority
8status that the employee would have had but for the discrimination, 2 times the
9amount of back pay, interest on the back pay at the legal rate, and compensation for
10any special damages sustained as a result of the discrimination, including costs and
11reasonable actual attorney fees. An employee may bring an action to obtain the relief
12to which the employee is entitled under this subsection.
SB1,413,15
13(15) A civil action may be brought based upon acts occurring prior to the
14effective date of this subsection .... [revisor inserts date], if the action is brought
15within the period specified in s. 893.981.
SB1,413,19
16(16) A judgment of guilty entered against a defendant in a criminal action in
17which the defendant is charged with fraud or making false statements estops the
18defendant from denying the essential elements of the offense in any action under sub.
19(5) that involves the same elements as in the criminal action.
SB1,413,21
20(17) The remedies provided for under this section are in addition to any other
21remedies provided for under any other law or available under the common law.
SB1,413,24
22(18) This section shall be liberally construed and applied to promote the public
23interest and to effect the congressional intent in enacting
31 USC 3279 to
3733, as
24reflected in the act and the legislative history of the act.
SB1, s. 635m
25Section 635m. 21.37 of the statutes is amended to read:
SB1,414,5
121.37 The Wisconsin code of military justice. The Wisconsin code of
2military justice as created by
chapter 20, laws of 1969, shall govern the conduct of
3all members of the national guard and any other military force organized under the
4laws of this state. The
revisor of statutes legislative reference bureau shall not print
5the Wisconsin code of military justice in the statutes.
SB1, s. 635q
6Section 635q. 21.49 (2m) of the statutes is repealed.
SB1, s. 636b
7Section 636b. 23.09 (19) (d) of the statutes is amended to read:
SB1,414,118
23.09
(19) (d)
Grants Except as provided in s. 23.096 (2m), grants under this
9subsection shall be for up to 50% of the acquisition costs of the land or the rights in
10land for the urban green space. The governmental unit is responsible for the
11remainder of the acquisition costs.
SB1, s. 637b
12Section 637b. 23.09 (20) (b) of the statutes is amended to read:
SB1,414,2313
23.09
(20) (b)
State Except as provided in s. 23.096 (2m), state aid under this
14subsection is limited to no more than 50% of the acquisition costs and the
15development costs of recreation lands and other outdoor recreation facilities. Costs
16associated with operation and maintenance of parks and other outdoor recreational
17facilities established under this subsection are not eligible for state aid.
18Administrative costs of acquiring lands or land rights are not included in the
19acquisition costs eligible for state aid under this subsection. Title to lands or rights
20in lands acquired by a municipality under this subsection shall vest in the
21municipality, but such land shall not be converted to uses inconsistent with this
22subsection without prior approval of the state and proceeds from the sale or other
23disposal of such lands shall be used to promote the objectives of this subsection.
SB1, s. 638b
24Section 638b. 23.09 (20m) (b) of the statutes is amended to read:
SB1,415,5
123.09
(20m) (b) The department shall establish a program to award grants
2from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
3conservation organizations to acquire development rights in land for nature-based
4outdoor recreation.
The Except as provided s. 23.096 (2m), the grants shall be limited
5to no more than 50% of the acquisition costs of the development rights.
SB1, s. 638m
6Section 638m. 23.0912 of the statutes is created to read:
SB1,415,10
723.0912 Contracts for land management; reports. (1) The department
8may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1),
9and with private companies to perform land management activities on department
10land, as defined in s. 23.0917 (1) (c).
SB1,415,18
11(2) The department shall prepare, for the joint committee on finance, an annual
12report concerning any contracts into which the department enters under sub. (1)
13during each fiscal year. For each contract entered, the report shall include
14information concerning the cost of the contract, the activities performed under the
15contract, and an assessment of the cost-effectiveness of the contract. The
16department shall submit the report to the committee no later than November 15 for
17the preceding fiscal year, and shall submit the first report no later than November
1815, 2008.
SB1, s. 638r
19Section 638r. 23.0917 (2) (a) 3m. of the statutes is created to read:
SB1,415,2020
23.0917
(2) (a) 3m. A subprogram for recreational boating aids.
SB1, s. 639
21Section
639. 23.0917 (3) (a) of the statutes is amended to read:
SB1,416,222
23.0917
(3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
232009-10 2019-20, the department may obligate moneys under the subprogram for
24land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
1grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
2(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB1, s. 640
3Section
640. 23.0917 (3) (bm) of the statutes is amended to read:
SB1,416,84
23.0917
(3) (bm) During the period beginning with fiscal year 2001-02 and
5ending with fiscal year
2009-10 2019-20, in obligating money under the subprogram
6for land acquisition, the department shall set aside not less than a total of $ 2,000,000
7that may be obligated only to provide matching funds for grants awarded to the
8department for the purchase of land or easements under
16 USC 2103c.
SB1, s. 641
9Section
641. 23.0917 (3) (br) of the statutes is created to read:
SB1,416,1410
23.0917
(3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
112019-20, in obligating moneys under the subprogram for land acquisition, the
12department shall set aside in each fiscal year not less than $14,500,000 that may be
13obligated only to provide for grants awarded to nonprofit conservation organizations
14under s. 23.096.
SB1, s. 642c
15Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:
SB1,416,1716
23.0917
(3) (dm) 2. For each fiscal year beginning with
fiscal year 2002-03 and
17ending with fiscal year
2009-10 2006-07, $45,000,000.
SB1, s. 642d
18Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:
SB1,416,1919
23.0917
(3) (dm) 3. For fiscal year 2007-08, $43,500,000.
SB1,416,2020
3m. For fiscal years 2008-09 and 2009-10, $42,500,000.