Amendment SSA1-SB40

SB40-SSA1,406,21 20.867 (1) (a) Principal repayment and interest; housing of state agencies. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the housing of state agencies and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 599 Section 599. 20.867 (1) (b) of the statutes is amended to read:

SB40-SSA1,407,2 20.867 (1) (b) Principal repayment and interest; capitol and executive residence. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing building projects at the capitol and executive residence and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 600 Section 600. 20.867 (3) (a) of the statutes is amended to read:

SB40-SSA1,407,7 20.867 (3) (a) Principal repayment and interest. A sum sufficient to pay all principal repayment and interest costs on tax-supported borrowing which is not initially allocable to the respective programs and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 601 Section 601. 20.867 (3) (b) of the statutes is amended to read:

SB40-SSA1,407,13 20.867 (3) (b) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing capital improvements for other public purposes authorized by law but not otherwise specified in this chapter and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 602 Section 602. 20.867 (3) (bm) of the statutes is amended to read:

SB40-SSA1,407,22 20.867 (3) (bm) Principal repayment, interest, and rebates; HR Academy, Inc. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the construction of a youth and family center for HR Academy, Inc., in the city of Milwaukee, and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the construction of a youth and family center for the HR Academy, Inc., and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 603 Section 603. 20.867 (3) (bp) of the statutes is amended to read:

SB40-SSA1,408,6 20.867 (3) (bp) Principal repayment, interest and rebates. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the construction of a Swiss cultural center in the village of New Glarus, and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the construction of a Swiss cultural center in the village of New Glarus , and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 604 Section 604. 20.867 (3) (bq) of the statutes is amended to read:

SB40-SSA1,408,15 20.867 (3) (bq) Principal repayment, interest and rebates; children's research institute. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the construction of a children's research institute in the city of Wauwatosa, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the construction of the institute , and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 605 Section 605. 20.867 (3) (br) of the statutes is amended to read:

SB40-SSA1,408,23 20.867 (3) (br) Principal repayment, interest and rebates. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the construction of the youth activities center specified in s. 13.48 (34), and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the construction of that the youth activities center, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 606 Section 606. 20.867 (3) (bt) of the statutes is amended to read:

SB40-SSA1,409,7 20.867 (3) (bt) Principal repayment, interest, and rebates; Discovery Place museum. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the construction grant under s. 13.48 (32r), and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the construction grant under s. 13.48 (32r), and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 607 Section 607. 20.867 (3) (g) of the statutes is amended to read:

SB40-SSA1,409,15 20.867 (3) (g) Principal repayment, interest and rebates; program revenues. From the appropriate program revenue accounts, a sum sufficient to pay all principal and interest costs on self-amortizing borrowing issued under s. 20.866 (2) which are not initially allocable to the respective programs and , to make any payments determined by the building commission under s. 13.488 (1) (m) on the proceeds of such borrowing, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 608 Section 608. 20.867 (3) (h) of the statutes is amended to read:

SB40-SSA1,410,9 20.867 (3) (h) Principal repayment, interest, and rebates. A sum sufficient to guarantee full payment of principal and interest costs for self-amortizing or partially self-amortizing facilities enumerated under ss. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (im), (je), (jq), (kd), (km), and (ko), 20.370 (7) (eq) and, 20.485 (1) (go), and 20.505 (5) (kd) if moneys available in those appropriations are insufficient to make full payment, and to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m) if the appropriation under s. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (im), (je), (jq), (kd), (km), or (ko), or 20.485 (1) (go), or 20.505 (5) (kd) is insufficient to make full payment of those amounts, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a). All amounts advanced under the authority of this paragraph shall be repaid to the general fund whenever the balance of the appropriation for which the advance was made is sufficient to meet any portion of the amount advanced. The department of administration may take whatever action is deemed necessary including the making of transfers from program revenue appropriations and corresponding appropriations from program receipts in segregated funds and including actions to enforce contractual obligations that will result in additional program revenue for the state, to ensure recovery of the amounts advanced.

SB40-SSA1, s. 609 Section 609. 20.867 (3) (i) of the statutes is amended to read:

SB40-SSA1,410,19 20.867 (3) (i) Principal repayment, interest and rebates; capital equipment. A sum sufficient to pay principal and interest on public debt contracted under s. 20.866 (2) (ym) and, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations contracted under s. 20.866 (2) (ym) for programs financed from program revenue or program revenue-service appropriations, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a). All payments under this paragraph shall be repaid to the general fund from the revenues of state agencies for which capital equipment is financed under s. 20.866 (2) (ym).

SB40-SSA1, s. 610 Section 610. 20.867 (3) (q) of the statutes is amended to read:

SB40-SSA1,410,25 20.867 (3) (q) Principal repayment and interest; segregated revenues. From the appropriate segregated funds, a sum sufficient to pay all principal and interest costs on self-amortizing borrowing issued under s. 20.866 (2) which are not initially allocable to the respective programs and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB40-SSA1, s. 612 Section 612. 20.907 (5) (e) 6. of the statutes is amended to read:

SB40-SSA1,411,4 20.907 (5) (e) 6. Advances from child caring institutions residential care centers for children and youth and counties and moneys receivable from counties under s. 46.037 49.343.

SB40-SSA1, s. 614 Section 614. 20.921 (2) (a) of the statutes is amended to read:

SB40-SSA1,411,13 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 to make deductions from the salaries of state officers or employees or employees of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employees are employed is responsible for making such those deductions and paying over the total thereof of those deductions for the purposes provided by the laws or orders under which they were made.

SB40-SSA1, s. 616 Section 616. 20.923 (4) (b) 7. of the statutes is amended to read:

SB40-SSA1,411,16 20.923 (4) (b) 7. Sentencing commission: executive Bureau of criminal justice research: staff director.

SB40-SSA1, s. 617 Section 617. 20.923 (4) (d) 7. of the statutes is renumbered 20.923 (4) (f) 7t.

SB40-SSA1, s. 618 Section 618. 20.923 (4) (d) 10s. of the statutes is renumbered 20.923 (4) (f) 8m.

SB40-SSA1, s. 619 Section 619. 20.923 (4) (e) 5. of the statutes is renumbered 20.923 (4) (f) 7v.

SB40-SSA1, s. 619m Section 619m. 20.923 (4) (e) 6. of the statutes is repealed.

SB40-SSA1, s. 620 Section 620. 20.923 (4) (e) 7. of the statutes is renumbered 20.923 (4) (f) 8e.

SB40-SSA1, s. 621 Section 621. 20.923 (4) (e) 10. of the statutes is renumbered 20.923 (4) (f) 8h.

SB40-SSA1, s. 622 Section 622. 20.923 (4) (f) 2d. of the statutes is created to read:

SB40-SSA1,411,24 20.923 (4) (f) 2d. Children and families, department of: secretary.

SB40-SSA1, s. 623 Section 623. 20.923 (4) (f) 2g. of the statutes is renumbered 20.923 (4) (h) 2g.

SB40-SSA1, s. 624 Section 624. 20.923 (4) (f) 4. of the statutes is renumbered 20.923 (4) (g) 6.

SB40-SSA1, s. 625 Section 625. 20.923 (4) (h) 5. of the statutes is created to read:

SB40-SSA1,412,3 20.923 (4) (h) 5. Health and family services, department of: secretary.

SB40-SSA1, s. 626 Section 626. 20.923 (4) (i) of the statutes is repealed.

SB40-SSA1, s. 628 Section 628. 20.923 (6) (bd) of the statutes is amended to read:

SB40-SSA1,412,7 20.923 (6) (bd) Health and family services Children and families, department of: director of the office of urban development.

SB40-SSA1, s. 628m Section 628m. 20.923 (6) (d) of the statutes is amended to read:

SB40-SSA1,412,9 20.923 (6) (d) Judicial council: attorney, technical and clerical help.

SB40-SSA1, s. 629 Section 629. 20.923 (6) (hr) of the statutes is amended to read:

SB40-SSA1,412,12 20.923 (6) (hr) Sentencing commission Bureau of criminal justice research: deputy staff director.

SB40-SSA1, s. 630 Section 630. 20.923 (12) of the statutes is amended to read:

SB40-SSA1,412,16 20.923 (12) Other department of regulation and licensing positions. The salaries for division administrators and bureau directors appointed under s. 440.04 (6) shall not exceed the maximum of the salary range for executive salary group 1 3.

SB40-SSA1, s. 631 Section 631. 20.927 (1m) of the statutes is amended to read:

SB40-SSA1,412,23 20.927 (1m) Except as provided under subs. (2) and (3), no funds of this state or of any county, city, village, town or family long-term care district under s. 46.2895 or of any subdivision or agency of this state or of any county, city, village or town and no federal funds passing through the state treasury shall be authorized for or paid to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion.

SB40-SSA1, s. 632 Section 632. 20.9275 (1) (b) of the statutes is amended to read:

SB40-SSA1,413,3 20.9275 (1) (b) "Local governmental unit" means a city, village, town, county or family long-term care district under s. 46.2895 or an agency or subdivision of a city, village, town, or county.

SB40-SSA1, s. 633 Section 633. 20.9275 (2) (intro.) of the statutes is amended to read:

SB40-SSA1,413,11 20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 46.99, 46.995, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to 710, if any of the following applies:

SB40-SSA1, s. 635 Section 635. 20.931 of the statutes is created to read:

SB40-SSA1,413,14 20.931 False claims for medical assistance; actions by or on behalf of state. (1) In this section:

SB40-SSA1,413,16 (b) "Claim" includes any request or demand for medical assistance made to any officer, employee, or agent of this state.

SB40-SSA1,413,17 (c) "Employer" includes all agencies and authorities.

SB40-SSA1,413,21 (d) "Knowingly" means, with respect to information, having actual knowledge of the information, acting in deliberate ignorance of the truth or falsity of the information, or acting in reckless disregard of the truth or falsity of the information. "Knowingly" does not mean specifically intending to defraud.

SB40-SSA1,413,22 (dm) "Medical assistance" has the meaning given under s. 49.43 (8).

SB40-SSA1,413,25 (e) "Proceeds" includes damages, civil penalties, surcharges, payments for costs of compliance, and any other economic benefit realized by this state as a result of an action or settlement of a claim.

SB40-SSA1,414,1 (f) "State public official" has the meaning given in s. 19.42 (14).

SB40-SSA1,414,5 (2) Except as provided in sub. (3), any person who does any of the following is liable to this state for 3 times the amount of the damages sustained by this state because of the actions of the person, and shall forfeit not less than $5,000 nor more than $10,000 for each violation:

SB40-SSA1,414,7 (a) Knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance .

SB40-SSA1,414,9 (b) Knowingly makes, uses, or causes to be made or used a false record or statement to obtain approval or payment of a false claim for medical assistance.

SB40-SSA1,414,13 (c) Conspires to defraud this state by obtaining allowance or payment of a false claim for medical assistance, or by knowingly making or using, or causing to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Medical Assistance program.

SB40-SSA1,414,16 (g) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease any obligation to pay or transmit money or property to the Medical Assistance program.

SB40-SSA1,414,20 (h) Is a beneficiary of the submission of a false claim for medical assistance to any officer, employee, or agent of this state, knows that the claim is false, and fails to disclose the false claim to this state within a reasonable time after the person becomes aware that the claim is false.

SB40-SSA1,414,24 (3) The court may assess against a person who violates sub. (2) not less than 2 nor more than 3 times the amount of the damages sustained by the state because of the acts of the person, and shall not assess any forfeiture, if the court finds all of the following:

SB40-SSA1,415,3 (a) The person who commits the acts furnished the attorney general with all information known to the person about the acts within 30 days after the date on which the person obtained the information.

SB40-SSA1,415,4 (b) The person fully cooperated with any investigation of the acts by this state.

SB40-SSA1,415,8 (c) At the time that the person furnished the attorney general with information concerning the acts, no criminal prosecution or civil or administrative enforcement action had been commenced with respect to any such act, and the person did not have actual knowledge of the existence of any investigation into any such act.

SB40-SSA1,415,11 (5) (a) Except as provided in subs. (10) and (12), any person may bring a civil action as a qui tam plaintiff against a person who commits an act in violation of sub. (2) for the person and the state in the name of the state.

SB40-SSA1,415,19 (b) The plaintiff shall serve upon the attorney general a copy of the complaint and documents disclosing substantially all material evidence and information that the person possesses. The plaintiff shall file a copy of the complaint with the court for inspection in camera. Except as provided in par. (c), the complaint shall remain under seal for a period of 60 days from the date of filing, and shall not be served upon the defendant until the court so orders. Within 60 days from the date of service upon the attorney general of the complaint, evidence, and information under this paragraph, the attorney general may intervene in the action.

SB40-SSA1,415,22 (c) The attorney general may, for good cause shown, move the court for one or more extensions of the period during which a complaint in an action under this subsection remains under seal.

SB40-SSA1,415,24 (d) Before the expiration of the period during which the complaint remains under seal, the attorney general shall do one of the following:

SB40-SSA1,416,2 1. Proceed with the action or an alternate remedy under sub. (10), in which case the action or proceeding under sub. (10) shall be prosecuted by the state.

SB40-SSA1,416,4 2. Notify the court that he or she declines to proceed with the action, in which case the person bringing the action may proceed with the action.

SB40-SSA1,416,7 (e) If a person brings a valid action under this subsection, no person other than the state may intervene or bring a related action while the original action is pending based upon the same facts underlying the pending action.

SB40-SSA1,416,10 (f) In any action or other proceeding under sub. (10) brought under this subsection, the plaintiff is required to prove all essential elements of the cause of action or complaint, including damages, by a preponderance of the evidence.

SB40-SSA1,416,15 (6) If the state proceeds with an action under sub. (5) or an alternate remedy under sub. (10), the state has primary responsibility for prosecuting the action or proceeding under sub. (10). The state is not bound by any act of the person bringing the action, but that person has the right to continue as a party to the action, subject to the limitations under sub. (7).

SB40-SSA1,416,21 (7) (a) The state may move to dismiss an action under sub. (5) or an administrative proceeding under sub. (10) to which the state is a party for good cause shown, notwithstanding objection of the person bringing the action, if that person is served with a copy of the state's motion and is provided with an opportunity to oppose the motion before the court or the administrative agency before which the proceeding is conducted.

SB40-SSA1,417,4 (b) With the approval of the governor, the attorney general may compromise and settle an action under sub. (5) or an administrative proceeding under sub. (10) to which the state is a party, notwithstanding objection of the person bringing the action, if the court determines, after affording to the person bringing the action the right to a hearing at which the person is afforded the opportunity to present evidence in opposition to the proposed settlement, that the proposed settlement is fair, adequate, and reasonable considering the relevant circumstances pertaining to the violation.

SB40-SSA1,417,10 (c) Upon a showing by the state that unrestricted participation in the prosecution of an action under sub. (5) or an alternate proceeding to which the state is a party by the person bringing the action would interfere with or unduly delay the prosecution of the action or proceeding, or would result in consideration of repetitious or irrelevant evidence or evidence presented for purposes of harassment, the court may limit the person's participation in the prosecution, such as:

SB40-SSA1,417,11 1. Limiting the number of witnesses that the person may call.