SB40, s. 625 19Section 625. 20.923 (4) (h) 5. of the statutes is created to read:
SB40,439,2020 20.923 (4) (h) 5. Health and family services, department of: secretary.
SB40, s. 626 21Section 626. 20.923 (4) (i) of the statutes is repealed.
SB40, s. 627 22Section 627. 20.923 (6) (intro.) of the statutes is amended to read:
SB40,440,223 20.923 (6) Salaries set by appointing authorities. (intro.) Salaries for the
24following positions may be set by the appointing authority, subject to restrictions
25otherwise set forth in the statutes and the compensation plan under s. 230.12, except

1where the salaries are a subject of bargaining with a certified representative of a
2collective bargaining unit under s. 111.91 or 111.998:
SB40, s. 628 3Section 628. 20.923 (6) (bd) of the statutes is amended to read:
SB40,440,54 20.923 (6) (bd) Health and family services Children and families, department
5of: director of the office of urban development.
SB40, s. 629 6Section 629. 20.923 (6) (hr) of the statutes is amended to read:
SB40,440,87 20.923 (6) (hr) Sentencing commission Bureau of criminal justice research:
8deputy staff director.
SB40, s. 630 9Section 630. 20.923 (12) of the statutes is amended to read:
SB40,440,1210 20.923 (12) Other department of regulation and licensing positions. The
11salaries for division administrators and bureau directors appointed under s. 440.04
12(6) shall not exceed the maximum of the salary range for executive salary group 1 3.
SB40, s. 631 13Section 631. 20.927 (1m) of the statutes is amended to read:
SB40,440,1914 20.927 (1m) Except as provided under subs. (2) and (3), no funds of this state
15or of any county, city, village, town or family long-term care district under s. 46.2895
16or of any subdivision or agency of this state or of any county, city, village or town and
17no federal funds passing through the state treasury shall be authorized for or paid
18to a physician or surgeon or a hospital, clinic or other medical facility for the
19performance of an abortion.
SB40, s. 632 20Section 632. 20.9275 (1) (b) of the statutes is amended to read:
SB40,440,2321 20.9275 (1) (b) "Local governmental unit" means a city, village, town, county
22or family long-term care district under s. 46.2895 or an agency or subdivision of a
23city, village, town, or county.
SB40, s. 633 24Section 633. 20.9275 (2) (intro.) of the statutes is amended to read:
SB40,441,7
120.9275 (2) (intro.) No state agency or local governmental unit may authorize
2payment of funds of this state, of any local governmental unit or, subject to sub. (3m),
3of federal funds passing through the state treasury as a grant, subsidy or other
4funding that wholly or partially or directly or indirectly involves pregnancy
5programs, projects or services, that is a grant, subsidy or other funding under s.
646.99, 46.995, 48.487, 48.545, 253.05, 253.07, 253.08, or 253.085 or 42 USC 701 to
7710, if any of the following applies:
SB40, s. 634 8Section 634. 20.928 (1) of the statutes is amended to read:
SB40,441,159 20.928 (1) Each state agency head shall certify to the department of
10administration, at such time and in such manner as the secretary of administration
11prescribes, the sum of money needed by the state agency from the appropriations
12under s. 20.865 (1) (c), (ci), (cm), (cj), (d), (i), (ic), (im), (j), (s), (si), (sm), and (t). Upon
13receipt of the certifications together with such additional information as the
14secretary of administration prescribes, the secretary shall determine the amounts
15required from the respective appropriations to supplement state agency budgets.
SB40, s. 635 16Section 635. 20.931 of the statutes is created to read:
SB40,441,17 1720.931 False claims; actions by or on behalf of state. (1) In this section:
SB40,441,1818 (a) "Authority" has the meaning given in s. 16.70 (2).
SB40,441,2419 (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.
SB40,441,2525 (c) "Employer" includes all agencies and authorities.
SB40,442,4
1(d) "Knowingly" means, with respect to information, having actual knowledge
2of the information, acting in deliberate ignorance of the truth or falsity of the
3information, or acting in reckless disregard of the truth or falsity of the information.
4"Knowingly" does not mean specifically intending to defraud.
SB40,442,75 (e) "Proceeds" includes damages, civil penalties, surcharges, payments for costs
6of compliance, and any other economic benefit realized by this state as a result of an
7action or settlement of a claim.
SB40,442,88 (f) "State public official" has the meaning given in s. 19.42 (14).
SB40,442,12 9(2) Except as provided in subs. (3) and (4), any person who does any of the
10following is liable to this state for 3 times the amount of the damages sustained by
11this state because of the actions of the person, and shall forfeit not less than $5,000
12nor more than $10,000 for each violation:
SB40,442,1513 (a) Knowingly presents or causes to be presented to any officer, employee, or
14agent of this state, or to any contractor, grantee, or other recipient of state resources,
15a false claim for payment or approval.
SB40,442,1716 (b) Knowingly makes, uses, or causes to be made or used a false record or
17statement to obtain approval or payment of a false claim.
SB40,442,2118 (c) Conspires to defraud this state by obtaining allowance or payment of a false
19claim, or by knowingly making or using, or causing to be made or used, a false record
20or statement to conceal, avoid, or decrease an obligation to pay or transmit money
21or property to this state.
SB40,442,2422 (d) Has possession, custody, or control of property used or to be used by this
23state and knowingly delivers or causes to be delivered less property than the amount
24for which the person receives a certificate or receipt.
SB40,443,3
1(e) Being authorized to make or deliver a document certifying receipt of
2property that is used or to be used by this state, knowingly makes or delivers a receipt
3that falsely represents the property that is used or to be used.
SB40,443,64 (f) Knowingly buys or receives as a pledge for payment of an obligation or debt
5for this state property from any person who lawfully may not sell or pledge the
6property.
SB40,443,97 (g) Knowingly makes, uses, or causes to be made or used a false record or
8statement to conceal, avoid, or decrease any obligation to pay or transmit money or
9property to this state.
SB40,443,1310 (h) Is a beneficiary of the submission of a false claim to any officer, employee,
11or agent of this state, or to any contractor, grantee, or other recipient of state
12resources, knows that the claim is false, and fails to disclose the false claim to this
13state within a reasonable time after the person becomes aware that the claim is false.
SB40,443,17 14(3) The court may assess against a person who violates sub. (2) not less than
152 nor more than 3 times the amount of the damages sustained by the state because
16of the acts of the person, and shall not assess any forfeiture, if the court finds all of
17the following:
SB40,443,2018 (a) The person who commits the acts furnished the attorney general with all
19information known to the person about the acts within 30 days after the date on
20which the person obtained the information.
SB40,443,2121 (b) The person fully cooperated with any investigation of the acts by this state.
SB40,443,2522 (c) At the time that the person furnished the attorney general with information
23concerning the acts, no criminal prosecution or civil or administrative enforcement
24action had been commenced with respect to any such act, and the person did not have
25actual knowledge of the existence of any investigation into any such act.
SB40,444,2
1(4) Subsections (1) to (3) do not apply to any claim, record, statement, or return
2made under chs. 70 to 79.
SB40,444,5 3(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
4action as a qui tam plaintiff against a person who commits an act in violation of sub.
5(2) for the person and the state in the name of the state.
SB40,444,136 (b) The plaintiff shall serve upon the attorney general a copy of the complaint
7and documents disclosing substantially all material evidence and information that
8the person possesses. The plaintiff shall file a copy of the complaint with the court
9for inspection in camera. Except as provided in par. (c), the complaint shall remain
10under seal for a period of 60 days from the date of filing, and shall not be served upon
11the defendant until the court so orders. Within 60 days from the date of service upon
12the attorney general of the complaint, evidence, and information under this
13paragraph, the attorney general may intervene in the action.
SB40,444,1614 (c) The attorney general may, for good cause shown, move the court for one or
15more extensions of the period during which a complaint in an action under this
16subsection remains under seal.
SB40,444,1817 (d) Before the expiration of the period during which the complaint remains
18under seal, the attorney general shall do one of the following:
SB40,444,2019 1. Proceed with the action or an alternate remedy under sub. (10), in which case
20the action or proceeding under sub. (10) shall be prosecuted by the state.
SB40,444,2221 2. Notify the court that he or she declines to proceed with the action, in which
22case the person bringing the action may proceed with the action.
SB40,444,2523 (e) If a person brings a valid action under this subsection, no person other than
24the state may intervene or bring a related action while the original action is pending
25based upon the same facts underlying the pending action.
SB40,445,3
1(f) In any action or other proceeding under sub. (10) brought under this
2subsection, the plaintiff is required to prove all essential elements of the cause of
3action or complaint, including damages, by a preponderance of the evidence.
SB40,445,8 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).
SB40,445,14 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.
SB40,445,2215 (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.
SB40,446,323 (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, such as:
SB40,446,44 1. Limiting the number of witnesses that the person may call.
SB40,446,55 2. Limiting the length of the testimony of the witnesses.
SB40,446,66 3. Limiting the cross-examination of witnesses by the person.
SB40,446,87 4. Otherwise limiting the participation by the person in the prosecution of the
8action or proceeding.
SB40,446,139 (d) Upon showing by a defendant that unrestricted participation in the
10prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
11which the state is a party by the person bringing the action would result in
12harassment or would cause the defendant undue burden or unnecessary expense, the
13court may limit the person's participation in the prosecution.
SB40,446,20 14(8) Except as provided in sub. (7), if the state elects not to participate in an
15action filed under sub. (5), the person bringing the action may prosecute the action.
16If the attorney general so requests, the attorney general shall, at the state's expense,
17be served with copies of all pleadings and deposition transcripts in the action. If the
18person bringing the action initiates prosecution of the action, the court, without
19limiting the status and rights of that person, may permit the state to intervene at a
20later date upon showing by the state of good cause for the proposed intervention.
SB40,447,5 21(9) Whether or not the state participates in an action under sub. (5), upon
22showing in camera by the attorney general that discovery by the person bringing the
23action would interfere with the state's ongoing investigation or prosecution of a
24criminal or civil matter arising out of the same facts as the facts upon which the
25action is based, the court may stay such discovery in whole or in part for a period of

1not more than 60 days. The court may extend the period of any such stay upon
2further showing in camera by the attorney general that the state has pursued the
3criminal or civil investigation of the matter with reasonable diligence and the
4proposed discovery in the action brought under sub. (5) will interfere with the
5ongoing criminal or civil investigation or prosecution.
SB40,447,17 6(10) The attorney general may pursue a claim relating to an alleged violation
7of sub. (2) through an alternate remedy available to the state or any state agency,
8including an administrative proceeding to assess a civil forfeiture. If the attorney
9general elects any such alternate remedy, the attorney general shall serve timely
10notice of his or her election upon the person bringing the action under sub. (5), and
11that person has the same rights in the alternate venue as the person would have had
12if the action had continued under sub. (5). Any finding of fact or conclusion of law
13made by a court or by a state agency in the alternate venue that has become final is
14conclusive upon all parties named in an action under sub. (5). For purposes of this
15subsection, a finding or conclusion is final if it has been finally determined on appeal,
16if all time for filing an appeal or petition for review with respect to the finding or
17conclusion has expired, or if the finding or conclusion is not subject to judicial review.
SB40,447,23 18(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
19action brought by a person under sub. (5) or the state pursues an alternate remedy
20relating to the same acts under sub. (10), the person who brings the action shall
21receive at least 15 percent but not more than 25 percent of the proceeds of the action
22or settlement of the claim, depending upon the extent to which the person
23contributed to the prosecution of the action or claim.
SB40,448,824 (b) Except as provided in par. (e), if an action or claim is one in which the court
25or other adjudicator finds to be based primarily upon disclosures of specific

1information not provided by the person who brings an action under sub. (5) relating
2to allegations or transactions specifically in a criminal, civil, or administrative
3hearing, or in a legislative or administrative report, hearing, audit, or investigation,
4or report made by the news media, the court or other adjudicator may award such
5amount as it considers appropriate, but not more than 10 percent of the proceeds of
6the action or settlement of the claim, depending upon the significance of the
7information and the role of the person bringing the action in advancing the
8prosecution of the action or claim.
SB40,448,139 (c) Except as provided in par. (e), in addition to any amount received under par.
10(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
11reasonable expenses necessarily incurred in bringing the action together with the
12person's costs and reasonable actual attorney fees. The court or other adjudicator
13shall assess any award under this paragraph against the defendant.
SB40,448,1914 (d) Except as provided in par. (e), if the state does not proceed with an action
15or an alternate proceeding under sub. (10), the person bringing the action shall
16receive an amount that the court decides is reasonable for collection of the civil
17penalty and damages. The amount shall be not less than 25 percent and not more
18than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
19addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB40,449,620 (e) Whether or not the state proceeds with the action or an alternate proceeding
21under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
22was brought by a person who planned or initiated the violation upon which the action
23or proceeding is based, then the court may, to the extent that the court considers
24appropriate, reduce the share of the proceeds of the action that the person would
25otherwise receive under par. (a), (b), or (d), taking into account the role of that person

1in advancing the prosecution of the action or claim and any other relevant
2circumstance pertaining to the violation, except that if the person bringing the action
3is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
4the court or other adjudicator shall dismiss the person as a party and the person shall
5not receive any share of the proceeds of the action or claim or any expenses, costs, and
6fees under par. (c).
SB40,449,9 7(12) (a) No court has jurisdiction over an action brought by a private person
8under sub. (5) against a state public official if the action is based upon information
9known to the attorney general at the time that the action is brought.
SB40,449,1310 (b) No person may bring an action under sub. (5) that is based upon allegations
11or transactions that are the subject of a civil action or an administrative proceeding
12to assess a civil forfeiture in which the state is a party if that action or proceeding
13was commenced prior to the date that the action is filed.
SB40,449,15 14(13) The state is not liable for any expenses incurred by a private person in
15bringing an action under sub. (5).
SB40,450,2 16(14) Any employee who is discharged, demoted, suspended, threatened,
17harassed, or in any other manner discriminated against by his or her employer
18because of lawful actions taken by the employee, on behalf of the employee, or by
19others in furtherance of an action or claim filed under this section, including
20investigation for, initiation of, testimony for, or assistance in an action or claim filed
21or to be filed under sub. (5) is entitled to all necessary relief to make the employee
22whole. Such relief shall in each case include reinstatement with the same seniority
23status that the employee would have had but for the discrimination, 2 times the
24amount of back pay, interest on the back pay at the legal rate, and compensation for
25any special damages sustained as a result of the discrimination, including costs and

1reasonable actual attorney fees. An employee may bring an action to obtain the relief
2to which the employee is entitled under this subsection.
SB40,450,5 3(15) A civil action may be brought based upon acts occurring prior to the
4effective date of this subsection .... [revisor inserts date], if the action is brought
5within the period specified in s. 893.981.
SB40,450,9 6(16) A judgment of guilty entered against a defendant in a criminal action in
7which the defendant is charged with fraud or making false statements estops the
8defendant from denying the essential elements of the offense in any action under sub.
9(5) that involves the same elements as in the criminal action.
SB40,450,11 10(17) The remedies provided for under this section are in addition to any other
11remedies provided for under any other law or available under the common law.
SB40,450,14 12(18) This section shall be liberally construed and applied to promote the public
13interest and to effect the congressional intent in enacting 31 USC 3279 to 3733, as
14reflected in the act and the legislative history of the act.
SB40, s. 636 15Section 636. 23.09 (19) (d) of the statutes is amended to read:
SB40,450,1916 23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this
17subsection shall be for up to 50% of the acquisition costs of the land or the rights in
18land for the urban green space. The governmental unit is responsible for the
19remainder of the acquisition costs.
SB40, s. 637 20Section 637. 23.09 (20) (b) of the statutes is amended to read:
SB40,451,621 23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this
22subsection is limited to no more than 50% of the acquisition costs and the
23development costs of recreation lands and other outdoor recreation facilities. Costs
24associated with operation and maintenance of parks and other outdoor recreational
25facilities established under this subsection are not eligible for state aid.

1Administrative costs of acquiring lands or land rights are not included in the
2acquisition costs eligible for state aid under this subsection. Title to lands or rights
3in lands acquired by a municipality under this subsection shall vest in the
4municipality, but such land shall not be converted to uses inconsistent with this
5subsection without prior approval of the state and proceeds from the sale or other
6disposal of such lands shall be used to promote the objectives of this subsection.
SB40, s. 638 7Section 638. 23.09 (20m) (b) of the statutes is amended to read:
SB40,451,128 23.09 (20m) (b) The department shall establish a program to award grants
9from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
10conservation organizations to acquire development rights in land for nature-based
11outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited
12to no more than 50% of the acquisition costs of the development rights.
SB40, s. 639 13Section 639. 23.0917 (3) (a) of the statutes is amended to read:
SB40,451,1814 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
152009-10 2019-20, the department may obligate moneys under the subprogram for
16land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
17grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
18(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB40, s. 640 19Section 640. 23.0917 (3) (bm) of the statutes is amended to read:
SB40,451,2420 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and
21ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram
22for land acquisition, the department shall set aside not less than a total of $ 2,000,000
23that may be obligated only to provide matching funds for grants awarded to the
24department for the purchase of land or easements under 16 USC 2103c.
SB40, s. 641 25Section 641. 23.0917 (3) (br) of the statutes is created to read:
SB40,452,5
123.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
22019-20, in obligating moneys under the subprogram for land acquisition, the
3department shall set aside in each fiscal year not less than $14,500,000 that may be
4obligated only to provide for grants awarded to nonprofit conservation organizations
5under s. 23.096.
SB40, s. 642 6Section 642. 23.0917 (3) (dm) 3. of the statutes is created to read:
SB40,452,87 23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending
8with fiscal year 2019-20, $79,000,000.
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