SB447-SSA1,11,19 1816.771 False claims. (1) In this section, "contract" means any of the
19following:
SB447-SSA1,11,2020 (a) Contracts or orders that are subject to s. 16.705.
SB447-SSA1,11,2321 (b) Contracts or orders entered into for projects that are subject to s. 103.49 or
22103.50 if the party presenting the false claim is alleged to have failed to comply with
23s. 103.49 or 103.50.
SB447-SSA1,12,5 24(2) Whoever knowingly presents or causes to be presented a false claim for
25payment under a contract for materials, supplies, equipment, or services to be

1provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus
23 times the amount of the damages that were sustained by the state or would have
3been sustained by the state, whichever is greater, as a result of the false claim. The
4attorney general may bring an action on behalf of the state to recover any forfeiture
5incurred under this section.
SB447-SSA1, s. 20 6Section 20. 16.87 (2) of the statutes is renumbered 16.87 (2) (a) and amended
7to read:
SB447-SSA1,12,138 16.87 (2) (a) A contract for engineering services or architectural services or a
9to be done for or furnished to the state or a department, board, commission, or officer
10of the state is exempt from the requirements of ss. 16.75 and 16.705, but an engineer
11or an architect employed at the department shall determine if the project could be
12completed more effectively and efficiently with state employees before a contract
13may be approved under sub. (3).
SB447-SSA1,12,17 14(b) A contract involving an expenditure of $10,000 or more for construction
15work, or $30,000 or more for limited trades work, to be done for or furnished to the
16state or a department, board, commission, or officer of the state is exempt from the
17requirements of ss. 16.705 and 16.75.
SB447-SSA1,12,20 18(c) The department shall attempt to ensure that 5% of the total amount
19expended under this section in each fiscal year is paid to minority businesses, as
20defined under s. 16.75 (3m) (a).
SB447-SSA1, s. 21 21Section 21. 16.871 of the statutes is created to read:
SB447-SSA1,12,22 2216.871 False claims. (1) In this section:
SB447-SSA1,12,2323 (a) "Agency" has the meaning given in s. 16.70 (1e).
SB447-SSA1,12,2424 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).
SB447-SSA1,12,2525 (bm) "Contract" has the meaning given in s. 16.771 (1).
SB447-SSA1,12,26
1(c) "Limited trades work" has the meaning given in s. 16.70 (7).
SB447-SSA1,13,8 2(2) Whoever knowingly presents or causes to be presented a false claim under
3any contract for construction work or limited trades work, or for engineering or
4architectural services, to be provided to any agency shall forfeit not less than $5,000
5nor more than $10,000, plus 3 times the amount of the damages that were sustained
6by the state or would have been sustained by the state, whichever is greater, as a
7result of the false claim. The attorney general may bring an action on behalf of the
8state to recover any forfeiture incurred under this subsection.
SB447-SSA1, s. 22 9Section 22. 20.932 of the statutes is created to read:
SB447-SSA1,13,10 1020.932 False claims; actions by or on behalf of state. (1) In this section:
SB447-SSA1,13,1111 (a) "Authority" has the meaning given in s. 16.70 (2).
SB447-SSA1,13,1912 (b) "Claim" includes any request or demand for money, property, or services
13made to any officer, employee, or agent of this state, or to any contractor, grantee, or
14other recipient, whether or not under contract, if any portion of the money, property,
15or services that are requested or demanded is derived from state resources, or if the
16state is obligated to reimburse the contractor, grantee, or other recipient for any
17portion of the money, property, or services that are requested or demanded. "Claim"
18does not include any request or demand for medical assistance described under s.
1920.931 (1) (b).
SB447-SSA1,13,2020 (c) "Employer" includes all agencies and authorities.
SB447-SSA1,13,2121 (d) "Knowingly" has the meaning given in s. 20.931 (1) (d).
SB447-SSA1,13,2222 (e) "Proceeds" has the meaning given in s. 20.931 (1) (e).
SB447-SSA1,13,2323 (f) "State public official" has the meaning given in s. 19.42 (14).
SB447-SSA1,14,2 24(2) Except as provided in subs. (3) and (4), any person who does any of the
25following is liable to this state for 3 times the amount of the damages sustained by

1this state because of the actions of the person, and shall forfeit not less than $5,000
2nor more than $10,000 for each violation:
SB447-SSA1,14,53 (a) Knowingly presents or causes to be presented to any officer, employee, or
4agent of this state, or to any contractor, grantee, or other recipient of state resources,
5a false claim for payment or approval.
SB447-SSA1,14,76 (b) Knowingly makes, uses, or causes to be made or used a false record or
7statement to obtain approval or payment of a false claim.
SB447-SSA1,14,118 (c) Conspires to defraud this state by obtaining allowance or payment of a false
9claim, or by knowingly making or using, or causing to be made or used, a false record
10or statement to conceal, avoid, or decrease an obligation to pay or transmit money
11or property to this state.
SB447-SSA1,14,1412 (d) Has possession, custody, or control of property used or to be used by this
13state and knowingly delivers or causes to be delivered less property than the amount
14for which the person receives a certificate or receipt.
SB447-SSA1,14,1715 (e) Being authorized to make or deliver a document certifying receipt of
16property that is used or to be used by this state, knowingly makes or delivers a receipt
17that falsely represents the property that is used or to be used.
SB447-SSA1,14,2018 (f) Knowingly buys or receives as a pledge for payment of an obligation or debt
19for this state property from any person who lawfully may not sell or pledge the
20property.
SB447-SSA1,14,2321 (g) Knowingly makes, uses, or causes to be made or used a false record or
22statement to conceal, avoid, or decrease any obligation to pay or transmit money or
23property to this state.
SB447-SSA1,15,224 (h) Is a beneficiary of the submission of a false claim to any officer, employee,
25or agent of this state, or to any contractor, grantee, or other recipient of state

1resources, knows that the claim is false, and fails to disclose the false claim to this
2state within a reasonable time after the person becomes aware that the claim is false.
SB447-SSA1,15,6 3(3) Except as provided in sub. (4), the court may assess against a person who
4violates sub. (2) not less than 2 nor more than 3 times the amount of the damages
5sustained by the state because of the acts of the person, and may not assess any
6forfeiture, if the court finds all of the following:
SB447-SSA1,15,97 (a) The person who commits the acts furnished the attorney general with all
8information known to the person about the acts within 30 days after the date on
9which the person obtained the information.
SB447-SSA1,15,1010 (b) The person fully cooperated with any investigation of the acts by this state.
SB447-SSA1,15,1411 (c) At the time that the person furnished the attorney general with information
12concerning the acts, no criminal prosecution or civil or administrative enforcement
13action had been commenced with respect to any such act, and the person did not have
14actual knowledge of the existence of any investigation into any such act.
SB447-SSA1,15,16 15(4) Subsections (2) and (3) do not apply to any claim, record, statement, or
16return made under chs. 70 to 79.
SB447-SSA1,15,19 17(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
18action as a qui tam plaintiff against a person who commits an act in violation of sub.
19(2) for the person and the state in the name of the state.
SB447-SSA1,16,220 (b) The plaintiff shall serve upon the attorney general a copy of the complaint
21and documents disclosing substantially all material evidence and information that
22the person possesses. The plaintiff shall file a copy of the complaint with the court
23for inspection in camera. Except as provided in par. (c), the complaint shall remain
24under seal for a period of 60 days from the date of filing, and shall not be served upon
25the defendant until the court so orders. Within 60 days from the date of service upon

1the attorney general of the complaint, evidence, and information under this
2paragraph, the attorney general may intervene in the action.
SB447-SSA1,16,53 (c) The attorney general may, for good cause shown, move the court for one or
4more extensions of the period during which a complaint in an action under this
5subsection remains under seal.
SB447-SSA1,16,76 (d) Before the expiration of the period during which the complaint remains
7under seal, the attorney general shall do one of the following:
SB447-SSA1,16,98 1. Proceed with the action or an alternate remedy under sub. (10), in which case
9the state shall prosecute the action or proceeding under sub. (10).
SB447-SSA1,16,1110 2. Notify the court that he or she declines to proceed with the action, in which
11case the action may not proceed.
SB447-SSA1,16,1412 (e) If a person brings a valid action under this subsection, no person other than
13the state may intervene or bring a related action while the original action is pending
14based upon the same facts underlying the pending action.
SB447-SSA1,16,1715 (f) In any action or other proceeding under sub. (10) brought under this
16subsection, all essential elements of the cause of action or complaint, including
17damages, must be proven by a preponderance of the evidence.
SB447-SSA1,16,22 18(6) If the state proceeds with an action under sub. (5) or an alternate remedy
19under sub. (10), the state has primary responsibility for prosecuting the action or
20proceeding under sub. (10). The state is not bound by any act of the person bringing
21the action, but that person has the right to continue as a party to the action, subject
22to the limitations under sub. (7).
SB447-SSA1,17,3 23(7) (a) The state may move to dismiss an action under sub. (5) or an
24administrative proceeding under sub. (10) to which the state is a party for good cause
25shown, notwithstanding objection of the person bringing the action, if that person is

1served with a copy of the state's motion and is provided with an opportunity to oppose
2the motion before the court or the administrative agency before which the proceeding
3is conducted.
SB447-SSA1,17,114 (b) With the approval of the governor, the attorney general may compromise
5and settle an action under sub. (5) or an administrative proceeding under sub. (10)
6to which the state is a party, notwithstanding objection of the person bringing the
7action, if the court determines, after affording to the person bringing the action the
8right to a hearing at which the person is afforded the opportunity to present evidence
9in opposition to the proposed settlement, that the proposed settlement is fair,
10adequate, and reasonable considering the relevant circumstances pertaining to the
11violation.
SB447-SSA1,17,1812 (c) Upon a showing by the state that unrestricted participation in the
13prosecution of an action under sub. (5) or an alternate proceeding to which the state
14is a party by the person bringing the action would interfere with or unduly delay the
15prosecution of the action or proceeding, or would result in consideration of
16repetitious or irrelevant evidence or evidence presented for purposes of harassment,
17the court may limit the person's participation in the prosecution in any of the
18following ways:
SB447-SSA1,17,1919 1. Limiting the number of witnesses that the person may call.
SB447-SSA1,17,2020 2. Limiting the length of the testimony of the witnesses.
SB447-SSA1,17,2121 3. Limiting the cross-examination of witnesses by the person.
SB447-SSA1,17,2322 4. Otherwise limiting the participation by the person in the prosecution of the
23action or proceeding.
SB447-SSA1,18,324 (d) Upon showing by a defendant that unrestricted participation in the
25prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to

1which the state is a party by the person bringing the action would result in
2harassment or would cause the defendant undue burden or unnecessary expense, the
3court may limit the person's participation in the prosecution.
SB447-SSA1,18,12 4(9) Upon showing in camera by the attorney general that discovery by the
5person bringing the action would interfere with the state's ongoing investigation or
6prosecution of a criminal or civil matter arising out of the same facts as the facts upon
7which the action is based, the court may stay the discovery in whole or in part for not
8more than 60 days. The court may extend the stay upon further showing in camera
9by the attorney general that the state has pursued the criminal or civil investigation
10of the matter with reasonable diligence and the proposed discovery in the action
11brought under sub. (5) will interfere with the ongoing criminal or civil investigation
12or prosecution.
SB447-SSA1,18,24 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 an alternate remedy, the attorney general shall serve timely notice of
17his or her election upon the person bringing the action under sub. (5), and that person
18has the same rights in the alternate venue as the person would have had if the action
19had continued under sub. (5). Any finding of fact or conclusion of law made by a court
20or by a state agency in the alternate venue that has become final is conclusive upon
21all parties named in an action under sub. (5). For purposes of this subsection, a
22finding or conclusion is final if it has been finally determined on appeal, if all time
23for filing an appeal or petition for review with respect to the finding or conclusion has
24expired, or if the finding or conclusion is not subject to judicial review.
SB447-SSA1,19,6
1(11) (a) Except as provided in pars. (b) and (d), 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.
SB447-SSA1,19,167 (b) Except as provided in par. (d), 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 an
13amount that it considers appropriate but that is not more than 10 percent of the
14proceeds of the action or settlement of the claim, depending upon the significance of
15the information and the role of the person bringing the action in advancing the
16prosecution of the action or claim.
SB447-SSA1,19,2117 (c) Except as provided in par. (d), 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.
SB447-SSA1,20,822 (d) Whether the state proceeds with the action or an alternate proceeding under
23sub. (10), if the court or other adjudicator finds that the person who brought an action
24under sub. (5) also planned or initiated the violation upon which the action or
25proceeding is based, then the court may, to the extent that the court considers

1appropriate, reduce the share of the proceeds of the action that the person would
2otherwise receive under par. (a) or (b), taking into account the role of that person in
3advancing the prosecution of the action or claim and any other relevant circumstance
4pertaining to the violation, except that if the person bringing the action is convicted
5of criminal conduct arising from his or her role in a violation of sub. (2), the court or
6other adjudicator shall dismiss the person as a party and the person shall not receive
7any share of the proceeds of the action or claim or any expenses, costs, or fees under
8par. (c).
SB447-SSA1,20,11 9(12) (a) No court has jurisdiction over an action brought by a private person
10under sub. (5) against a state public official if the action is based upon information
11known to the attorney general at the time that the action is brought.
SB447-SSA1,20,1812 (am) No court has jurisdiction over an action brought by a private person under
13sub. (5) if the action is based on public disclosure of allegations or transactions in a
14criminal action; in a legislative, administrative, or other governmental report,
15hearing, audit, or investigation; or from news media, unless the private person has
16direct and independent knowledge of the information on which the allegations or
17transactions are based and has voluntarily provided the knowledge to the attorney
18general under sub. (5) (b).
SB447-SSA1,20,2219 (b) No person may bring an action under sub. (5) that is based upon allegations
20or transactions that are the subject of a civil action or an administrative proceeding
21to assess a civil forfeiture in which the state is a party if that action or proceeding
22was commenced prior to the date that the action is filed.
SB447-SSA1,20,24 23(13) The state is not liable for any expenses incurred by a private person in
24bringing an action under sub. (5).
SB447-SSA1,21,12
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. The 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.
SB447-SSA1,21,15 13(15) A civil action may be brought based upon acts occurring prior to the
14effective date of this subsection .... [LRB inserts date], if the action is brought within
15the period specified in s. 893.981.
SB447-SSA1,21,19 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.
SB447-SSA1,21,21 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.
SB447-SSA1,21,24 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 3729 to 3733, as
24reflected in the act and the legislative history of the act.
SB447-SSA1, s. 23 25Section 23. 25.18 (1) (a) of the statutes is amended to read:
SB447-SSA1,22,9
125.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
216, except s. 16.753, employ special legal or investment counsel in any matters
3arising out of the scope of its investment authority. Section Sections 16.753 does,
416.771, 16.871 and 20.932 do
not apply to the employment of legal or investment
5counsel for the purpose of assisting the board with investments or arising out of the
6scope of the board's investment authority
. The employment of special legal counsel
7shall be with the advice and consent of the attorney general whenever such special
8counsel is to be compensated by the board. Any expense of counsel so employed shall
9be borne by the fund for which the services shall be furnished.
SB447-SSA1, s. 24 10Section 24. 25.18 (1) (f) of the statutes is amended to read:
SB447-SSA1,22,2011 25.18 (1) (f) Maintain and repair any building or other structure or premises
12which it owns in fee or in which it owns the beneficial interest and, notwithstanding
13all provisions of subch. IV or V of ch. 16, except s. 16.753, it shall have exclusive
14authority to make such agreements and enter into such contracts as it deems
15necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932
16do
not apply to agreements and contracts entered into by the board for the purpose
17of assisting the board with investments or arising out of the scope of the board's
18investment authority
. All noncapital costs under this paragraph shall be charged to
19the current income accounts of the funds having an interest in the building, structure
20or premises.
SB447-SSA1, s. 25 21Section 25. 25.18 (1) (m) of the statutes is amended to read:
SB447-SSA1,23,522 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
23except s. 16.753, employ professionals, contractors or other agents necessary to
24evaluate or operate any property if a fund managed by the board has an interest in,
25or is considering purchasing or lending money based upon the value of, that property.

1Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the
2employment of any person for the purpose of assisting the board with investments
3or arising out of the scope of the board's investment authority. Costs under this
4paragraph shall be paid by the fund and charged to the appropriate account under
5s. 40.04 (3).
SB447-SSA1, s. 26 6Section 26. 66.0902 of the statutes is created to read:
SB447-SSA1,23,7 766.0902 False claims. (1) Definitions. In this section:
SB447-SSA1,23,88 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
SB447-SSA1,23,129 (b) "Public contract" means a contract that is subject to s. 66.0903 and that is
10for the construction, execution, repair, remodeling, or improvement of a public work
11or building or for the furnishing of supplies, equipment, material, or professional or
12contractual services of any kind.
SB447-SSA1,23,18 13(2) Presentation of false claims. Whoever knowingly presents or causes to
14be presented a false claim for payment under any public contract with a local
15governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
16times the amount of the damages that were sustained by the local governmental unit
17or would have been sustained by the local governmental unit, whichever is greater,
18as a result of the false claim.
SB447-SSA1, s. 27 19Section 27. 84.01 (13) of the statutes is amended to read:
SB447-SSA1,24,2020 84.01 (13) Engineering services. The department may engage such
21engineering, consulting, surveying, or other specialized services as it deems
22advisable. Any engagement of services under this subsection is exempt from ss.
2316.70 to 16.75 16.7015, 16.705 (4), 16.71 to 16.751, 16.755 to 16.82, and 16.85 to
2416.89, but ss. 16.42, 16.46, 16.528, 16.705 except s. 16.705 (4), 16.752, 16.753, and
2516.754 apply to such engagement. Section 20.932 does not apply to any engagement

1of services under this subsection.
Any engagement involving an expenditure of
2$3,000 or more shall be by formal contract approved by the governor. The
3department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g),
4of each proposed engagement under this subsection that involves an estimated
5expenditure of more than $25,000 $50,000 in accordance with standards prescribed
6by rule of the department. The department shall review periodically, and before any
7renewal, the continued appropriateness of contracting pursuant to each engagement
8under this subsection that involves an estimated expenditure of more than $25,000
9$50,000. Notwithstanding any provision of s. 16.705 or rule promulgated under s.
1016.705, the department of transportation is not required to submit any proposed
11contractual engagement of services to, or obtain approval of any such engagement
12of services from, the department of administration before engaging any services
13under this subsection and the department of administration has no oversight
14authority over any such engagement of services under this subsection.
15Notwithstanding s. 16.705 (2), the department of transportation, rather than the
16department of administration, shall, before engaging any services under this
17subsection, satisfy itself that the justification for engaging such services conforms to
18the requirements of ss. 16.705, 16.752, 16.753, and 16.754, and the written
19justification required under s. 16.705 (2) shall be submitted to the department of
20transportation rather than the department of administration
.
SB447-SSA1, s. 28 21Section 28. 84.01 (13m) of the statutes is created to read:
SB447-SSA1,25,622 84.01 (13m) Contractual engagements of services reporting. On or before
23October 15 of each year, the department shall submit to the governor, the joint
24committee on finance, the joint legislative audit committee, and the chief clerk of
25each house of the legislature for distribution to the appropriate standing committees

1under s. 13.172 (3) a report concerning the number, value, and nature of contractual
2engagements of services authorized under sub. (13) during the preceding fiscal year.
3To the extent possible, the report required under this subsection may be combined
4with the report required under s. 16.705 (8). The report shall also include, with
5respect to contractual engagements of services for the preceding fiscal year, all of the
6following:
SB447-SSA1,25,87 (a) A summary of the cost-benefit analyses completed in compliance with rules
8promulgated by the department.
SB447-SSA1,25,119 (b) Recommendations for elimination of unneeded contractual engagements of
10services and for consolidation or resolicitation of existing contractual engagements
11of services.
SB447-SSA1, s. 29 12Section 29. 84.01 (31) of the statutes is amended to read:
SB447-SSA1,25,2413 84.01 (31) Accommodation of utility facilities within highway rights-of-way.
14Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon
15finding that it is feasible and advantageous to the state, negotiate and enter into an
16agreement to accept any plant or equipment used for the conveyance, by wire, optics,
17radio signal, or other means, of voice, data, or other information at any frequency
18over any part of the electromagnetic spectrum, or to accept any services associated
19with the collection, storage, forwarding, switching, and delivery incidental to such
20communication, as payment for the accommodation of a utility facility, as defined in
21s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this
22subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
23ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not
24apply to any agreement under this subsection.
SB447-SSA1, s. 30 25Section 30. 84.06 (2) (a) of the statutes is amended to read:
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