SB447, s. 14 5Section 14. 16.705 (7) of the statutes is amended to read:
SB447,11,96 16.705 (7) The department shall review evaluations submitted under sub. (6)
7(b) and promulgate rules prescribing procedures to assure that future contracts for
8contractual services are not awarded to contractors whose past performance is found
9to be unsatisfactory, to the extent feasible.
SB447, s. 15 10Section 15. 16.705 (8) (a) of the statutes is amended to read:
SB447,11,1211 16.705 (8) (a) A summary of the cost-benefit analyses completed by agencies
12in compliance with rules promulgated by the department under sub. (2) (a).
SB447, s. 16 13Section 16. 16.705 (9) of the statutes is created to read:
SB447,11,1614 16.705 (9) (a) In this subsection, "federal economic stimulus funds" means
15federal moneys received by the state, pursuant to federal legislation enacted during
16the 111th Congress for the purpose of reviving the economy of the United States.
SB447,11,2317 (b) Except as provided in pars. (c) and (d), if in any fiscal year an agency in the
18executive branch is prohibited from hiring employees to fill vacant positions or its
19employees are required to serve an unpaid leave of absence, the agency may not enter
20into, renew, or extend any contractual services contracts with private contractors or
21consultants for the remainder of that fiscal year for the performance of services of
22agency employees who would have performed the services had they been hired or had
23they not have been required to take an unpaid leave of absence.
SB447,12,524 (c) Paragraph (b) shall not apply to contractual services contracts that are
25funded with federal economic stimulus funds and the secretary determines that any

1deadlines imposed by the federal government on the expenditure of the federal
2economic stimulus funds cannot be met without an agency's entering into, renewing,
3or extending a contractual services contract or a cost-benefit analysis is conducted
4that demonstrates that a contractual services contract would be more cost effective
5and efficient than having state employees perform the services.
SB447,12,76 (cm) Paragraph (b) shall not apply to contracts entered into, renewed, or
7extended under s. 977.08.
SB447,12,168 (d) An agency in the executive branch may submit a written request to the joint
9committee on finance to have par. (b) not apply to the agency with respect to a specific
10contractual services contract. If the cochairpersons of the committee do not notify
11the agency within 14 working days after the date of the agency's submittal that the
12committee intends to schedule a meeting to review the request, approval of the
13request is granted. If, within 14 working days after the date of the agency's request
14submittal, the cochairpersons of the committee notify the agency that the committee
15intends to schedule a meeting to review the request, the request may be granted only
16as approved by the committee.
SB447, s. 17 17Section 17. 16.75 (1) (a) 4. of the statutes is created to read:
SB447,12,2018 16.75 (1) (a) 4. The contracting agency shall electronically send the successful
19bidder a letter of intent to contract and shall send electronic copies of the letter to all
20other bidders.
SB447, s. 18 21Section 18. 16.771 of the statutes is created to read:
SB447,13,3 2216.771 False claims. Whoever knowingly presents or causes to be presented
23a false claim for payment under any contract or order for materials, supplies,
24equipment, or contractual services to be provided to an agency shall forfeit not less
25than $5,000 nor more than $10,000, plus 3 times the amount of the damages that

1were sustained by the state or would have been sustained by the state, whichever is
2greater, as a result of the false claim. The attorney general may bring an action on
3behalf of the state to recover any forfeiture incurred under this section.
SB447, s. 19 4Section 19. 16.871 of the statutes is created to read:
SB447,13,5 516.871 False claims. (1) In this section:
SB447,13,66 (a) "Agency" has the meaning given in s. 16.70 (1e).
SB447,13,77 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).
SB447,13,88 (c) "Limited trades work" has the meaning given in s. 16.70 (7).
SB447,13,15 9(2) Whoever knowingly presents or causes to be presented a false claim under
10any contract for construction work or limited trades work, or for engineering or
11architectural services, to be provided to any agency shall forfeit not less than $5,000
12nor more than $10,000, plus 3 times the amount of the damages that were sustained
13by the state or would have been sustained by the state, whichever is greater, as a
14result of the false claim. The attorney general may bring an action on behalf of the
15state to recover any forfeiture incurred under this subsection.
SB447, s. 20 16Section 20. 20.932 of the statutes is created to read:
SB447,13,17 1720.932 False claims; actions by or on behalf of state. (1) In this section:
SB447,13,1818 (a) "Authority" has the meaning given in s. 16.70 (2).
SB447,14,219 (b) "Claim" includes any request or demand for money, property, or services
20made to any officer, employee, or agent of this state, or to any contractor, grantee, or
21other recipient, whether or not under contract, if any portion of the money, property,
22or services that are requested or demanded is derived from state resources, or if the
23state is obligated to reimburse the contractor, grantee, or other recipient for any
24portion of the money, property, or services that are requested or demanded. "Claim"

1does not include any request or demand for medical assistance described under s.
220.931 (1) (b).
SB447,14,33 (c) "Employer" includes all agencies and authorities.
SB447,14,44 (d) "Knowingly" has the meaning given in s. 20.931 (1) (d).
SB447,14,55 (e) "Proceeds" has the meaning given in s. 20.931 (1) (e).
SB447,14,66 (f) "State public official" has the meaning given in s. 19.42 (14).
SB447,14,10 7(2) Except as provided in subs. (3) and (4), any person who does any of the
8following is liable to this state for 3 times the amount of the damages sustained by
9this state because of the actions of the person, and shall forfeit not less than $5,000
10nor more than $10,000 for each violation:
SB447,14,1311 (a) Knowingly presents or causes to be presented to any officer, employee, or
12agent of this state, or to any contractor, grantee, or other recipient of state resources,
13a false claim for payment or approval.
SB447,14,1514 (b) Knowingly makes, uses, or causes to be made or used a false record or
15statement to obtain approval or payment of a false claim.
SB447,14,1916 (c) Conspires to defraud this state by obtaining allowance or payment of a false
17claim, or by knowingly making or using, or causing to be made or used, a false record
18or statement to conceal, avoid, or decrease an obligation to pay or transmit money
19or property to this state.
SB447,14,2220 (d) Has possession, custody, or control of property used or to be used by this
21state and knowingly delivers or causes to be delivered less property than the amount
22for which the person receives a certificate or receipt.
SB447,14,2523 (e) Being authorized to make or deliver a document certifying receipt of
24property that is used or to be used by this state, knowingly makes or delivers a receipt
25that falsely represents the property that is used or to be used.
SB447,15,3
1(f) Knowingly buys or receives as a pledge for payment of an obligation or debt
2for this state property from any person who lawfully may not sell or pledge the
3property.
SB447,15,64 (g) Knowingly makes, uses, or causes to be made or used a false record or
5statement to conceal, avoid, or decrease any obligation to pay or transmit money or
6property to this state.
SB447,15,107 (h) Is a beneficiary of the submission of a false claim to any officer, employee,
8or agent of this state, or to any contractor, grantee, or other recipient of state
9resources, knows that the claim is false, and fails to disclose the false claim to this
10state within a reasonable time after the person becomes aware that the claim is false.
SB447,15,14 11(3) Except as provided in sub. (4), the court may assess against a person who
12violates sub. (2) not less than 2 nor more than 3 times the amount of the damages
13sustained by the state because of the acts of the person, and may not assess any
14forfeiture, if the court finds all of the following:
SB447,15,1715 (a) The person who commits the acts furnished the attorney general with all
16information known to the person about the acts within 30 days after the date on
17which the person obtained the information.
SB447,15,1818 (b) The person fully cooperated with any investigation of the acts by this state.
SB447,15,2219 (c) At the time that the person furnished the attorney general with information
20concerning the acts, no criminal prosecution or civil or administrative enforcement
21action had been commenced with respect to any such act, and the person did not have
22actual knowledge of the existence of any investigation into any such act.
SB447,15,24 23(4) Subsections (2) and (3) do not apply to any claim, record, statement, or
24return made under chs. 70 to 79.
SB447,16,3
1(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
2action as a qui tam plaintiff against a person who commits an act in violation of sub.
3(2) for the person and the state in the name of the state.
SB447,16,114 (b) The plaintiff shall serve upon the attorney general a copy of the complaint
5and documents disclosing substantially all material evidence and information that
6the person possesses. The plaintiff shall file a copy of the complaint with the court
7for inspection in camera. Except as provided in par. (c), the complaint shall remain
8under seal for a period of 60 days from the date of filing, and shall not be served upon
9the defendant until the court so orders. Within 60 days from the date of service upon
10the attorney general of the complaint, evidence, and information under this
11paragraph, the attorney general may intervene in the action.
SB447,16,1412 (c) The attorney general may, for good cause shown, move the court for one or
13more extensions of the period during which a complaint in an action under this
14subsection remains under seal.
SB447,16,1615 (d) Before the expiration of the period during which the complaint remains
16under seal, the attorney general shall do one of the following:
SB447,16,1817 1. Proceed with the action or an alternate remedy under sub. (10), in which case
18the state shall prosecute the action or proceeding under sub. (10).
SB447,16,2019 2. Notify the court that he or she declines to proceed with the action, in which
20case the action may not proceed.
SB447,16,2321 (e) If a person brings a valid action under this subsection, no person other than
22the state may intervene or bring a related action while the original action is pending
23based upon the same facts underlying the pending action.
SB447,17,3
1(f) In any action or other proceeding under sub. (10) brought under this
2subsection, all essential elements of the cause of action or complaint, including
3damages, must be proven by a preponderance of the evidence.
SB447,17,8 4(6) If the state proceeds with an action under sub. (5) or an alternate remedy
5under sub. (10), the state has primary responsibility for prosecuting the action or
6proceeding under sub. (10). The state is not bound by any act of the person bringing
7the action, but that person has the right to continue as a party to the action, subject
8to the limitations under sub. (7).
SB447,17,14 9(7) (a) The state may move to dismiss an action under sub. (5) or an
10administrative proceeding under sub. (10) to which the state is a party for good cause
11shown, notwithstanding objection of the person bringing the action, if that person is
12served with a copy of the state's motion and is provided with an opportunity to oppose
13the motion before the court or the administrative agency before which the proceeding
14is conducted.
SB447,17,2215 (b) With the approval of the governor, the attorney general may compromise
16and settle an action under sub. (5) or an administrative proceeding under sub. (10)
17to which the state is a party, notwithstanding objection of the person bringing the
18action, if the court determines, after affording to the person bringing the action the
19right to a hearing at which the person is afforded the opportunity to present evidence
20in opposition to the proposed settlement, that the proposed settlement is fair,
21adequate, and reasonable considering the relevant circumstances pertaining to the
22violation.
SB447,18,423 (c) Upon a showing by the state that unrestricted participation in the
24prosecution of an action under sub. (5) or an alternate proceeding to which the state
25is a party by the person bringing the action would interfere with or unduly delay the

1prosecution of the action or proceeding, or would result in consideration of
2repetitious or irrelevant evidence or evidence presented for purposes of harassment,
3the court may limit the person's participation in the prosecution in any of the
4following ways:
SB447,18,55 1. Limiting the number of witnesses that the person may call.
SB447,18,66 2. Limiting the length of the testimony of the witnesses.
SB447,18,77 3. Limiting the cross-examination of witnesses by the person.
SB447,18,98 4. Otherwise limiting the participation by the person in the prosecution of the
9action or proceeding.
SB447,18,1410 (d) Upon showing by a defendant that unrestricted participation in the
11prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
12which the state is a party by the person bringing the action would result in
13harassment or would cause the defendant undue burden or unnecessary expense, the
14court may limit the person's participation in the prosecution.
SB447,18,23 15(9) Upon showing in camera by the attorney general that discovery by the
16person bringing the action would interfere with the state's ongoing investigation or
17prosecution of a criminal or civil matter arising out of the same facts as the facts upon
18which the action is based, the court may stay the discovery in whole or in part for not
19more than 60 days. The court may extend the stay upon further showing in camera
20by the attorney general that the state has pursued the criminal or civil investigation
21of the matter with reasonable diligence and the proposed discovery in the action
22brought under sub. (5) will interfere with the ongoing criminal or civil investigation
23or prosecution.
SB447,19,10 24(10) The attorney general may pursue a claim relating to an alleged violation
25of sub. (2) through an alternate remedy available to the state or any state agency,

1including an administrative proceeding to assess a civil forfeiture. If the attorney
2general elects an alternate remedy, the attorney general shall serve timely notice of
3his or her election upon the person bringing the action under sub. (5), and that person
4has the same rights in the alternate venue as the person would have had if the action
5had continued under sub. (5). Any finding of fact or conclusion of law made by a court
6or by a state agency in the alternate venue that has become final is conclusive upon
7all parties named in an action under sub. (5). For purposes of this subsection, a
8finding or conclusion is final if it has been finally determined on appeal, if all time
9for filing an appeal or petition for review with respect to the finding or conclusion has
10expired, or if the finding or conclusion is not subject to judicial review.
SB447,19,16 11(11) (a) Except as provided in pars. (b) and (d), if the state proceeds with an
12action brought by a person under sub. (5) or the state pursues an alternate remedy
13relating to the same acts under sub. (10), the person who brings the action shall
14receive at least 15 percent but not more than 25 percent of the proceeds of the action
15or settlement of the claim, depending upon the extent to which the person
16contributed to the prosecution of the action or claim.
SB447,20,217 (b) Except as provided in par. (d), if an action or claim is one in which the court
18or other adjudicator finds to be based primarily upon disclosures of specific
19information not provided by the person who brings an action under sub. (5) relating
20to allegations or transactions specifically in a criminal, civil, or administrative
21hearing, or in a legislative or administrative report, hearing, audit, or investigation,
22or report made by the news media, the court or other adjudicator may award an
23amount that it considers appropriate but that is not more than 10 percent of the
24proceeds of the action or settlement of the claim, depending upon the significance of

1the information and the role of the person bringing the action in advancing the
2prosecution of the action or claim.
SB447,20,73 (c) Except as provided in par. (d), in addition to any amount received under par.
4(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
5reasonable expenses necessarily incurred in bringing the action together with the
6person's costs and reasonable actual attorney fees. The court or other adjudicator
7shall assess any award under this paragraph against the defendant.
SB447,20,198 (d) Whether the state proceeds with the action or an alternate proceeding under
9sub. (10), if the court or other adjudicator finds that the person who brought an action
10under sub. (5) also planned or initiated the violation upon which the action or
11proceeding is based, then the court may, to the extent that the court considers
12appropriate, reduce the share of the proceeds of the action that the person would
13otherwise receive under par. (a) or (b), taking into account the role of that person in
14advancing the prosecution of the action or claim and any other relevant circumstance
15pertaining to the violation, except that if the person bringing the action is convicted
16of criminal conduct arising from his or her role in a violation of sub. (2), the court or
17other adjudicator shall dismiss the person as a party and the person shall not receive
18any share of the proceeds of the action or claim or any expenses, costs, or fees under
19par. (c).
SB447,20,22 20(12) (a) No court has jurisdiction over an action brought by a private person
21under sub. (5) against a state public official if the action is based upon information
22known to the attorney general at the time that the action is brought.
SB447,21,223 (b) No person may bring an action under sub. (5) that is based upon allegations
24or transactions that are the subject of a civil action or an administrative proceeding

1to assess a civil forfeiture in which the state is a party if that action or proceeding
2was commenced prior to the date that the action is filed.
SB447,21,4 3(13) The state is not liable for any expenses incurred by a private person in
4bringing an action under sub. (5).
SB447,21,16 5(14) Any employee who is discharged, demoted, suspended, threatened,
6harassed, or in any other manner discriminated against by his or her employer
7because of lawful actions taken by the employee, on behalf of the employee, or by
8others in furtherance of an action or claim filed under this section, including
9investigation for, initiation of, testimony for, or assistance in an action or claim filed
10or to be filed under sub. (5) is entitled to all necessary relief to make the employee
11whole. The relief shall in each case include reinstatement with the same seniority
12status that the employee would have had but for the discrimination, 2 times the
13amount of back pay, interest on the back pay at the legal rate, and compensation for
14any special damages sustained as a result of the discrimination, including costs and
15reasonable actual attorney fees. An employee may bring an action to obtain the relief
16to which the employee is entitled under this subsection.
SB447,21,19 17(15) A civil action may be brought based upon acts occurring prior to the
18effective date of this subsection .... [LRB inserts date], if the action is brought within
19the period specified in s. 893.981.
SB447,21,23 20(16) A judgment of guilty entered against a defendant in a criminal action in
21which the defendant is charged with fraud or making false statements estops the
22defendant from denying the essential elements of the offense in any action under sub.
23(5) that involves the same elements as in the criminal action.
SB447,21,25 24(17) The remedies provided for under this section are in addition to any other
25remedies provided for under any other law or available under the common law.
SB447,22,3
1(18) This section shall be liberally construed and applied to promote the public
2interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
3reflected in the act and the legislative history of the act.
SB447, s. 21 4Section 21. 23.41 (5) of the statutes is amended to read:
SB447,22,185 23.41 (5) Each contract for construction work entered into by the department
6under this section shall be awarded on the basis of bids or competitive sealed
7proposals in accordance with procedures established by the department. Each
8contract for construction work shall be awarded to the lowest responsible bidder or
9the person submitting the most advantageous competitive sealed proposal as
10determined by the department. If the bid of the lowest responsible bidder or the
11proposal of the person submitting the most advantageous competitive sealed
12proposal is determined by the department to be in excess of the estimated reasonable
13value of the work or not in the public interest, the department may reject all bids or
14competitive sealed proposals. Every such contract is exempted from ss. 16.70 to
1516.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss.
1616.528, 16.753, 16.754, and 16.765, 16.771, and 16.871 apply to the contract. Every
17such contract involving an expenditure of more than $60,000 is not valid until the
18contract is approved by the governor.
SB447, s. 22 19Section 22. 25.18 (1) (a) of the statutes is amended to read:
SB447,23,220 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
2116, except s. ss. 16.753 and 16.771, employ special legal or investment counsel in any
22matters arising out of the scope of its investment authority. Section 16.753 does not
23apply to the employment of legal or investment counsel for the purpose of assisting
24the board with investments. The employment of special legal counsel shall be with
25the advice and consent of the attorney general whenever such special counsel is to

1be compensated by the board. Any expense of counsel so employed shall be borne by
2the fund for which the services shall be furnished.
SB447, s. 23 3Section 23. 25.18 (1) (f) of the statutes is amended to read:
SB447,23,124 25.18 (1) (f) Maintain and repair any building or other structure or premises
5which it owns in fee or in which it owns the beneficial interest and, notwithstanding
6all provisions of subch. IV or V of ch. 16, except s. ss. 16.753, 16.771, and 16.871, it
7shall have exclusive authority to make such agreements and enter into such
8contracts as it deems necessary for such purpose. Section 16.753 does not apply to
9agreements and contracts entered into by the board for the purpose of assisting the
10board with investments. All noncapital costs under this paragraph shall be charged
11to the current income accounts of the funds having an interest in the building,
12structure or premises.
SB447, s. 24 13Section 24. 25.18 (1) (m) of the statutes is amended to read:
SB447,23,2114 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
15except s. ss. 16.753, 16.771, and 16.871, employ professionals, contractors or other
16agents necessary to evaluate or operate any property if a fund managed by the board
17has an interest in, or is considering purchasing or lending money based upon the
18value of, that property. Section 16.753 does not apply to the employment of any
19person for the purpose of assisting the board with investments. Costs under this
20paragraph shall be paid by the fund and charged to the appropriate account under
21s. 40.04 (3).
SB447, s. 25 22Section 25. 66.0902 of the statutes is created to read:
SB447,23,23 2366.0902 False claims. (1) Definitions. In this section:
SB447,23,2424 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
SB447,24,3
1(b) "Public contract" means a contract for the construction, execution, repair,
2remodeling, or improvement of a public work or building or for the furnishing of
3supplies, equipment, material, or professional or contractual services of any kind.
SB447,24,9 4(2) Presentation of false claims. Whoever knowingly presents or causes to
5be presented a false claim for payment under any public contract with a local
6governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
7times the amount of the damages that were sustained by the local governmental unit
8or would have been sustained by the local governmental unit, whichever is greater,
9as a result of the false claim.
SB447, s. 26 10Section 26. 84.01 (13) of the statutes is amended to read:
SB447,24,2311 84.01 (13) Engineering services. The department may engage such
12engineering, consulting, surveying, or other specialized services as it deems
13advisable. Any engagement of services under this subsection is exempt from ss.
1416.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, and 16.85 to 16.87, 16.875 to 16.89,
15but ss. 16.528, 16.752, 16.753, and 16.754, 16.771, and 16.871 apply to such
16engagement. Any engagement involving an expenditure of $3,000 or more shall be
17by formal contract approved by the governor. The department shall conduct a
18uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed
19engagement under this subsection that involves an estimated expenditure of more
20than $25,000 in accordance with standards prescribed by rule of the department.
21The department shall review periodically, and before any renewal, the continued
22appropriateness of contracting pursuant to each engagement under this subsection
23that involves an estimated expenditure of more than $25,000.
SB447, s. 27 24Section 27. 84.06 (2) (a) of the statutes is amended to read:
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