SB40-SSA1,412,1614 20.923 (12) Other department of regulation and licensing positions. The
15salaries for division administrators and bureau directors appointed under s. 440.04
16(6) shall not exceed the maximum of the salary range for executive salary group 1 3.
SB40-SSA1, s. 631 17Section 631. 20.927 (1m) of the statutes is amended to read:
SB40-SSA1,412,2318 20.927 (1m) Except as provided under subs. (2) and (3), no funds of this state
19or of any county, city, village, town or family long-term care district under s. 46.2895
20or of any subdivision or agency of this state or of any county, city, village or town and
21no federal funds passing through the state treasury shall be authorized for or paid
22to a physician or surgeon or a hospital, clinic or other medical facility for the
23performance of an abortion.
SB40-SSA1, s. 632 24Section 632. 20.9275 (1) (b) of the statutes is amended to read:
SB40-SSA1,413,3
120.9275 (1) (b) "Local governmental unit" means a city, village, town, county
2or family long-term care district under s. 46.2895 or an agency or subdivision of a
3city, village, town, or county.
SB40-SSA1, s. 633 4Section 633. 20.9275 (2) (intro.) of the statutes is amended to read:
SB40-SSA1,413,115 20.9275 (2) (intro.) No state agency or local governmental unit may authorize
6payment of funds of this state, of any local governmental unit or, subject to sub. (3m),
7of federal funds passing through the state treasury as a grant, subsidy or other
8funding that wholly or partially or directly or indirectly involves pregnancy
9programs, projects or services, that is a grant, subsidy or other funding under s.
1046.99, 46.995, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to
11710, if any of the following applies:
SB40-SSA1, s. 635 12Section 635. 20.931 of the statutes is created to read:
SB40-SSA1,413,14 1320.931 False claims for medical assistance; actions by or on behalf of
14state.
(1) In this section:
SB40-SSA1,413,1615 (b) "Claim" includes any request or demand for medical assistance made to any
16officer, employee, or agent of this state.
SB40-SSA1,413,1717 (c) "Employer" includes all agencies and authorities.
SB40-SSA1,413,2118 (d) "Knowingly" means, with respect to information, having actual knowledge
19of the information, acting in deliberate ignorance of the truth or falsity of the
20information, or acting in reckless disregard of the truth or falsity of the information.
21"Knowingly" does not mean specifically intending to defraud.
SB40-SSA1,413,2222 (dm) "Medical assistance" has the meaning given under s. 49.43 (8).
SB40-SSA1,413,2523 (e) "Proceeds" includes damages, civil penalties, surcharges, payments for costs
24of compliance, and any other economic benefit realized by this state as a result of an
25action or settlement of a claim.
SB40-SSA1,414,1
1(f) "State public official" has the meaning given in s. 19.42 (14).
SB40-SSA1,414,5 2(2) Except as provided in sub. (3), any person who does any of the following is
3liable to this state for 3 times the amount of the damages sustained by this state
4because of the actions of the person, and shall forfeit not less than $5,000 nor more
5than $10,000 for each violation:
SB40-SSA1,414,76 (a) Knowingly presents or causes to be presented to any officer, employee, or
7agent of this state a false claim for medical assistance .
SB40-SSA1,414,98 (b) Knowingly makes, uses, or causes to be made or used a false record or
9statement to obtain approval or payment of a false claim for medical assistance.
SB40-SSA1,414,1310 (c) Conspires to defraud this state by obtaining allowance or payment of a false
11claim for medical assistance, or by knowingly making or using, or causing to be made
12or used, a false record or statement to conceal, avoid, or decrease an obligation to pay
13or transmit money or property to the Medical Assistance program.
SB40-SSA1,414,1614 (g) Knowingly makes, uses, or causes to be made or used a false record or
15statement to conceal, avoid, or decrease any obligation to pay or transmit money or
16property to the Medical Assistance program.
SB40-SSA1,414,2017 (h) Is a beneficiary of the submission of a false claim for medical assistance to
18any officer, employee, or agent of this state, knows that the claim is false, and fails
19to disclose the false claim to this state within a reasonable time after the person
20becomes aware that the claim is false.
SB40-SSA1,414,24 21(3) The court may assess against a person who violates sub. (2) not less than
222 nor more than 3 times the amount of the damages sustained by the state because
23of the acts of the person, and shall not assess any forfeiture, if the court finds all of
24the following:
SB40-SSA1,415,3
1(a) The person who commits the acts furnished the attorney general with all
2information known to the person about the acts within 30 days after the date on
3which the person obtained the information.
SB40-SSA1,415,44 (b) The person fully cooperated with any investigation of the acts by this state.
SB40-SSA1,415,85 (c) At the time that the person furnished the attorney general with information
6concerning the acts, no criminal prosecution or civil or administrative enforcement
7action had been commenced with respect to any such act, and the person did not have
8actual knowledge of the existence of any investigation into any such act.
SB40-SSA1,415,11 9(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
10action as a qui tam plaintiff against a person who commits an act in violation of sub.
11(2) for the person and the state in the name of the state.
SB40-SSA1,415,1912 (b) The plaintiff shall serve upon the attorney general a copy of the complaint
13and documents disclosing substantially all material evidence and information that
14the person possesses. The plaintiff shall file a copy of the complaint with the court
15for inspection in camera. Except as provided in par. (c), the complaint shall remain
16under seal for a period of 60 days from the date of filing, and shall not be served upon
17the defendant until the court so orders. Within 60 days from the date of service upon
18the attorney general of the complaint, evidence, and information under this
19paragraph, the attorney general may intervene in the action.
SB40-SSA1,415,2220 (c) The attorney general may, for good cause shown, move the court for one or
21more extensions of the period during which a complaint in an action under this
22subsection remains under seal.
SB40-SSA1,415,2423 (d) Before the expiration of the period during which the complaint remains
24under seal, the attorney general shall do one of the following:
SB40-SSA1,416,2
11. Proceed with the action or an alternate remedy under sub. (10), in which case
2the action or proceeding under sub. (10) shall be prosecuted by the state.
SB40-SSA1,416,43 2. Notify the court that he or she declines to proceed with the action, in which
4case the person bringing the action may proceed with the action.
SB40-SSA1,416,75 (e) If a person brings a valid action under this subsection, no person other than
6the state may intervene or bring a related action while the original action is pending
7based upon the same facts underlying the pending action.
SB40-SSA1,416,108 (f) In any action or other proceeding under sub. (10) brought under this
9subsection, the plaintiff is required to prove all essential elements of the cause of
10action or complaint, including damages, by a preponderance of the evidence.
SB40-SSA1,416,15 11(6) If the state proceeds with an action under sub. (5) or an alternate remedy
12under sub. (10), the state has primary responsibility for prosecuting the action or
13proceeding under sub. (10). The state is not bound by any act of the person bringing
14the action, but that person has the right to continue as a party to the action, subject
15to the limitations under sub. (7).
SB40-SSA1,416,21 16(7) (a) The state may move to dismiss an action under sub. (5) or an
17administrative proceeding under sub. (10) to which the state is a party for good cause
18shown, notwithstanding objection of the person bringing the action, if that person is
19served with a copy of the state's motion and is provided with an opportunity to oppose
20the motion before the court or the administrative agency before which the proceeding
21is conducted.
SB40-SSA1,417,422 (b) With the approval of the governor, the attorney general may compromise
23and settle an action under sub. (5) or an administrative proceeding under sub. (10)
24to which the state is a party, notwithstanding objection of the person bringing the
25action, if the court determines, after affording to the person bringing the action the

1right to a hearing at which the person is afforded the opportunity to present evidence
2in opposition to the proposed settlement, that the proposed settlement is fair,
3adequate, and reasonable considering the relevant circumstances pertaining to the
4violation.
SB40-SSA1,417,105 (c) Upon a showing by the state that unrestricted participation in the
6prosecution of an action under sub. (5) or an alternate proceeding to which the state
7is a party by the person bringing the action would interfere with or unduly delay the
8prosecution of the action or proceeding, or would result in consideration of
9repetitious or irrelevant evidence or evidence presented for purposes of harassment,
10the court may limit the person's participation in the prosecution, such as:
SB40-SSA1,417,1111 1. Limiting the number of witnesses that the person may call.
SB40-SSA1,417,1212 2. Limiting the length of the testimony of the witnesses.
SB40-SSA1,417,1313 3. Limiting the cross-examination of witnesses by the person.
SB40-SSA1,417,1514 4. Otherwise limiting the participation by the person in the prosecution of the
15action or proceeding.
SB40-SSA1,417,2016 (d) Upon showing by a defendant that unrestricted participation in the
17prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
18which the state is a party by the person bringing the action would result in
19harassment or would cause the defendant undue burden or unnecessary expense, the
20court may limit the person's participation in the prosecution.
SB40-SSA1,418,2 21(8) Except as provided in sub. (7), if the state elects not to participate in an
22action filed under sub. (5), the person bringing the action may prosecute the action.
23If the attorney general so requests, the attorney general shall, at the state's expense,
24be served with copies of all pleadings and deposition transcripts in the action. If the
25person bringing the action initiates prosecution of the action, the court, without

1limiting the status and rights of that person, may permit the state to intervene at a
2later date upon showing by the state of good cause for the proposed intervention.
SB40-SSA1,418,12 3(9) Whether or not the state participates in an action under sub. (5), upon
4showing in camera by the attorney general that discovery by the person bringing the
5action would interfere with the state's ongoing investigation or prosecution of a
6criminal or civil matter arising out of the same facts as the facts upon which the
7action is based, the court may stay such discovery in whole or in part for a period of
8not more than 60 days. The court may extend the period of any such stay upon
9further showing in camera by the attorney general that the state has pursued the
10criminal or civil investigation of the matter with reasonable diligence and the
11proposed discovery in the action brought under sub. (5) will interfere with the
12ongoing criminal or civil investigation or prosecution.
SB40-SSA1,418,24 13(10) The attorney general may pursue a claim relating to an alleged violation
14of sub. (2) through an alternate remedy available to the state or any state agency,
15including an administrative proceeding to assess a civil forfeiture. If the attorney
16general elects any such alternate remedy, the attorney general shall serve timely
17notice of his or her election upon the person bringing the action under sub. (5), and
18that person has the same rights in the alternate venue as the person would have had
19if the action had continued under sub. (5). Any finding of fact or conclusion of law
20made by a court or by a state agency in the alternate venue that has become final is
21conclusive upon all parties named in an action under sub. (5). For purposes of this
22subsection, a finding or conclusion is final if it has been finally determined on appeal,
23if all time for filing an appeal or petition for review with respect to the finding or
24conclusion has expired, or if the finding or conclusion is not subject to judicial review.
SB40-SSA1,419,6
1(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
2action brought by a person under sub. (5) or the state pursues an alternate remedy
3relating to the same acts under sub. (10), the person who brings the action shall
4receive at least 15 percent but not more than 25 percent of the proceeds of the action
5or settlement of the claim, depending upon the extent to which the person
6contributed to the prosecution of the action or claim.
SB40-SSA1,419,167 (b) Except as provided in par. (e), if an action or claim is one in which the court
8or other adjudicator finds to be based primarily upon disclosures of specific
9information not provided by the person who brings an action under sub. (5) relating
10to allegations or transactions specifically in a criminal, civil, or administrative
11hearing, or in a legislative or administrative report, hearing, audit, or investigation,
12or report made by the news media, the court or other adjudicator may award such
13amount as it considers appropriate, but not more than 10 percent of the proceeds of
14the action or settlement of the claim, depending upon the significance of the
15information and the role of the person bringing the action in advancing the
16prosecution of the action or claim.
SB40-SSA1,419,2117 (c) Except as provided in par. (e), in addition to any amount received under par.
18(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
19reasonable expenses necessarily incurred in bringing the action together with the
20person's costs and reasonable actual attorney fees. The court or other adjudicator
21shall assess any award under this paragraph against the defendant.
SB40-SSA1,420,222 (d) Except as provided in par. (e), if the state does not proceed with an action
23or an alternate proceeding under sub. (10), the person bringing the action shall
24receive an amount that the court decides is reasonable for collection of the civil
25penalty and damages. The amount shall be not less than 25 percent and not more

1than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
2addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB40-SSA1,420,143 (e) Whether or not the state proceeds with the action or an alternate proceeding
4under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
5was brought by a person who planned or initiated the violation upon which the action
6or proceeding is based, then the court may, to the extent that the court considers
7appropriate, reduce the share of the proceeds of the action that the person would
8otherwise receive under par. (a), (b), or (d), taking into account the role of that person
9in advancing the prosecution of the action or claim and any other relevant
10circumstance pertaining to the violation, except that if the person bringing the action
11is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
12the court or other adjudicator shall dismiss the person as a party and the person shall
13not receive any share of the proceeds of the action or claim or any expenses, costs, and
14fees under par. (c).
SB40-SSA1,420,17 15(12) (a) No court has jurisdiction over an action brought by a private person
16under sub. (5) against a state public official if the action is based upon information
17known to the attorney general at the time that the action is brought.
SB40-SSA1,420,2118 (b) No person may bring an action under sub. (5) that is based upon allegations
19or transactions that are the subject of a civil action or an administrative proceeding
20to assess a civil forfeiture in which the state is a party if that action or proceeding
21was commenced prior to the date that the action is filed.
SB40-SSA1,420,23 22(13) The state is not liable for any expenses incurred by a private person in
23bringing an action under sub. (5).
SB40-SSA1,421,10 24(14) Any employee who is discharged, demoted, suspended, threatened,
25harassed, or in any other manner discriminated against by his or her employer

1because of lawful actions taken by the employee, on behalf of the employee, or by
2others in furtherance of an action or claim filed under this section, including
3investigation for, initiation of, testimony for, or assistance in an action or claim filed
4or to be filed under sub. (5) is entitled to all necessary relief to make the employee
5whole. Such relief shall in each case include reinstatement with the same seniority
6status that the employee would have had but for the discrimination, 2 times the
7amount of back pay, interest on the back pay at the legal rate, and compensation for
8any special damages sustained as a result of the discrimination, including costs and
9reasonable actual attorney fees. An employee may bring an action to obtain the relief
10to which the employee is entitled under this subsection.
SB40-SSA1,421,13 11(15) A civil action may be brought based upon acts occurring prior to the
12effective date of this subsection .... [revisor inserts date], if the action is brought
13within the period specified in s. 893.981.
SB40-SSA1,421,17 14(16) A judgment of guilty entered against a defendant in a criminal action in
15which the defendant is charged with fraud or making false statements estops the
16defendant from denying the essential elements of the offense in any action under sub.
17(5) that involves the same elements as in the criminal action.
SB40-SSA1,421,19 18(17) The remedies provided for under this section are in addition to any other
19remedies provided for under any other law or available under the common law.
SB40-SSA1,421,22 20(18) This section shall be liberally construed and applied to promote the public
21interest and to effect the congressional intent in enacting 31 USC 3279 to 3733, as
22reflected in the act and the legislative history of the act.
SB40-SSA1, s. 635m 23Section 635m. 21.37 of the statutes is amended to read:
SB40-SSA1,422,3 2421.37 The Wisconsin code of military justice. The Wisconsin code of
25military justice as created by chapter 20, laws of 1969, shall govern the conduct of

1all members of the national guard and any other military force organized under the
2laws of this state. The revisor of statutes legislative reference bureau shall not print
3the Wisconsin code of military justice in the statutes.
SB40-SSA1, s. 636 4Section 636. 23.09 (19) (d) of the statutes is amended to read:
SB40-SSA1,422,85 23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this
6subsection shall be for up to 50% of the acquisition costs of the land or the rights in
7land for the urban green space. The governmental unit is responsible for the
8remainder of the acquisition costs.
SB40-SSA1, s. 637 9Section 637. 23.09 (20) (b) of the statutes is amended to read:
SB40-SSA1,422,2010 23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this
11subsection is limited to no more than 50% of the acquisition costs and the
12development costs of recreation lands and other outdoor recreation facilities. Costs
13associated with operation and maintenance of parks and other outdoor recreational
14facilities established under this subsection are not eligible for state aid.
15Administrative costs of acquiring lands or land rights are not included in the
16acquisition costs eligible for state aid under this subsection. Title to lands or rights
17in lands acquired by a municipality under this subsection shall vest in the
18municipality, but such land shall not be converted to uses inconsistent with this
19subsection without prior approval of the state and proceeds from the sale or other
20disposal of such lands shall be used to promote the objectives of this subsection.
SB40-SSA1, s. 638 21Section 638. 23.09 (20m) (b) of the statutes is amended to read:
SB40-SSA1,423,222 23.09 (20m) (b) The department shall establish a program to award grants
23from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
24conservation organizations to acquire development rights in land for nature-based

1outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited
2to no more than 50% of the acquisition costs of the development rights.
SB40-SSA1, s. 638m 3Section 638m. 23.0912 of the statutes is created to read:
SB40-SSA1,423,7 423.0912 Contracts for land management; reports. (1) The department
5may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1),
6and with private companies to perform land management activities on department
7land, as defined in s. 23.0917 (1) (c).
SB40-SSA1,423,15 8(2) The department shall prepare, for the joint committee on finance, an annual
9report concerning any contracts into which the department enters under sub. (1)
10during each fiscal year. For each contract entered, the report shall include
11information concerning the cost of the contract, the activities performed under the
12contract, and an assessment of the cost-effectiveness of the contract. The
13department shall submit the report to the committee no later than November 15 for
14the preceding fiscal year, and shall submit the first report no later than November
1515, 2008.
SB40-SSA1, s. 639 16Section 639. 23.0917 (3) (a) of the statutes is amended to read:
SB40-SSA1,423,2117 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
182009-10 2019-20, the department may obligate moneys under the subprogram for
19land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
20grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
21(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB40-SSA1, s. 640 22Section 640. 23.0917 (3) (bm) of the statutes is amended to read:
SB40-SSA1,424,223 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and
24ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram
25for land acquisition, the department shall set aside not less than a total of $ 2,000,000

1that may be obligated only to provide matching funds for grants awarded to the
2department for the purchase of land or easements under 16 USC 2103c.
SB40-SSA1, s. 641 3Section 641. 23.0917 (3) (br) of the statutes is created to read:
SB40-SSA1,424,84 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
52019-20, in obligating moneys under the subprogram for land acquisition, the
6department shall set aside in each fiscal year not less than $14,500,000 that may be
7obligated only to provide for grants awarded to nonprofit conservation organizations
8under s. 23.096.
SB40-SSA1, s. 642 9Section 642. 23.0917 (3) (dm) 3. of the statutes is created to read:
SB40-SSA1,424,1110 23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending
11with fiscal year 2019-20, $79,000,000.
SB40-SSA1, s. 643 12Section 643. 23.0917 (4) (a) of the statutes is amended to read:
SB40-SSA1,424,1713 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
142009-10 2019-20, the department may obligate moneys under the subprogram for
15property development and local assistance. Moneys obligated under this
16subprogram may be only used for nature-based outdoor recreation, except as
17provided under par. (cm).
SB40-SSA1, s. 644 18Section 644. 23.0917 (4) (d) 1. of the statutes is amended to read:
SB40-SSA1,425,219 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in
20fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the
21subprogram except as provided in sub. (5). For each fiscal year beginning with
222002-03 and ending with fiscal year 2009-10, the department may obligate not more
23than $15,000,000 under the subprogram except as provided in sub. (5). For each
24fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, the

1department may obligate not more than $26,000,000 under the subprogram except
2as provided in sub. (5).
SB40-SSA1, s. 645 3Section 645. 23.0917 (4) (d) 2. of the statutes is amended to read:
SB40-SSA1,425,64 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with
5fiscal year 2009-10, the
department may obligate not more than $8,000,000 in each
6fiscal year for local assistance.
SB40-SSA1, s. 646 7Section 646. 23.0917 (4) (d) 2m. of the statutes is created to read:
SB40-SSA1,425,108 23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal
9year 2019-20, the department may not obligate more than $14,000,000 in each fiscal
10year for local assistance.
SB40-SSA1, s. 647 11Section 647. 23.0917 (7) (a) of the statutes is amended to read:
SB40-SSA1,425,1712 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of
13calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
14(20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the
15appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the
16land's current fair market value and other acquisition costs, as determined by rule
17by the department.
SB40-SSA1, s. 647m 18Section 647m. 23.0917 (9) of the statutes is created to read:
SB40-SSA1,426,419 23.0917 (9) Reporting requirement. The department shall prepare an annual
20report that identifies each stewardship grant awarded for the acquisition of
21development rights in land during each fiscal year. For each grant, the report shall
22name each county and each city, village, or town in which the land subject to the
23development rights is located; shall specify the location and number of acres subject
24to the development rights; and shall give a summary of the terms of agreement
25conveying the development rights. The department shall submit the report to the

1joint committee on finance and to the appropriate standing committees of the
2legislature in the manner provided under s. 13.172 (3). The department shall submit
3the report no later than November 15 for the preceding fiscal year, and shall submit
4the first report no later than November 15, 2008.
Loading...
Loading...