SB111: Bill Text

SB111,503 Section 503 . 20.835 (4) (g) of the statutes is amended to read:

SB111,574,15 20.835 (4) (g) County and municipal taxes. All moneys received from the taxes imposed under s. 77.70 for distribution to the counties and municipalities that enact an ordinance imposing taxes under that section and for interest payments on refunds under s. 77.76 (3), except that 1.75 percent of those tax revenues collected under that section shall be credited to the appropriation account under s. 20.566 (1) (g).

SB111,504 Section 504. 20.855 (4) (h) of the statutes is amended to read:

SB111,574,20 20.855 (4) (h) Volkswagen settlement funds. All moneys received from the trustee of the settlement funds, as defined in s. 16.047 (1) (a), for the replacement of vehicles in the state fleet under s. 16.047 (2) and for the grants under s. 16.047 (4m) and (4s). No moneys may be expended from this appropriation after June 30, 2027.

SB111,505 Section 505. 20.866 (2) (ta) of the statutes is amended to read:

SB111,575,12 20.866 (2) (ta) Natural resources; Warren Knowles-Gaylord Nelson stewardship 2000 program. From the capital improvement fund a sum sufficient for the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917. The state may contract public debt in an amount not to exceed $1,046,250,000 $1,746,250,000 for this program. The state may contract additional public debt in an amount up to $42,600,000 for this program. Except as provided in s. 23.0917 (4g) (b), (4m) (k), (5), (5g), and (5m), the amounts obligated, as defined in s. 23.0917 (1) (e), under this paragraph may not exceed $46,000,000 in fiscal year 2000-01, may not exceed $46,000,000 in fiscal year 2001-02, may not exceed $60,000,000 in each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10, may not exceed $86,000,000 in fiscal year 2010-11, may not exceed $60,000,000 in fiscal year 2011-12, may not exceed $60,000,000 in fiscal year 2012-13, may not exceed $47,500,000 in fiscal year 2013-14, may not exceed $54,500,000 in fiscal year 2014-15, and may not exceed $33,250,000 in each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, and may not exceed $70,000,000 in each fiscal year beginning with 2022-23 and ending with 2031-32.

SB111,506 Section 506. 20.866 (2) (tf) of the statutes is amended to read:

SB111,575,19 20.866 (2) (tf) Natural resources; nonpoint source. From the capital improvement fund, a sum sufficient for the department of natural resources to fund nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e). The state may contract public debt in an amount not to exceed $44,050,000 $57,050,000 for this purpose. The state may contract additional public debt in an amount up to $6,500,000 for this purpose.

SB111,507 Section 507. 20.866 (2) (th) of the statutes is amended to read:

SB111,576,7 20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $53,600,000 $69,600,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. Of those amounts, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387 and $8,000,000 is allocated in fiscal biennium 2021-23 for municipal flood control and riparian restoration cost-sharing grants under s. 281.665.

SB111,508 Section 508. 20.866 (2) (ti) of the statutes is amended to read:

SB111,576,14 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $32,000,000 $61,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.

SB111,509 Section 509. 20.866 (2) (tx) of the statutes is amended to read:

SB111,576,22 20.866 (2) (tx) Natural resources; dam safety projects. From the capital improvement fund, a sum sufficient for the department of natural resources to provide financial assistance to counties, cities, villages, towns, and public inland lake protection and rehabilitation districts for dam safety projects under s. 31.385. The state may contract public debt in an amount not to exceed $25,500,000 $35,500,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.

SB111,510 Section 510. 20.866 (2) (usb) of the statutes is created to read:

SB111,577,3 20.866 (2) (usb) Transportation, local road aids for critical infrastructure. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for local road aids for critical infrastructure. The state may contract public debt in an amount not to exceed $15,000,000 for this purpose.

SB111,511 Section 511 . 20.866 (2) (usd) of the statutes is created to read:

SB111,577,9 20.866 (2) (usd) Transportation, electric vehicle infrastructure. From the capital improvement fund, a sum sufficient for the department of transportation to fund projects under the electric vehicle infrastructure program under s. 85.53. The state may contract public debt in an amount not to exceed $5,000,000 for this purpose.

SB111,512 Section 512. 20.866 (2) (uup) 1. of the statutes is amended to read:

SB111,578,5 20.866 (2) (uup) 1. From the capital improvement fund, a sum sufficient for the department of transportation to fund the Marquette interchange reconstruction project under s. 84.014, as provided under s. 84.555, the reconstruction of the I 94 north-south corridor and the zoo interchange, as provided under s. 84.555 (1m), the reconstruction of the I 94 east-west corridor, as provided under s. 84.555 (1m), southeast Wisconsin freeway megaprojects under s. 84.0145, as provided under s. 84.555 (1m), and high-cost state highway bridge projects under s. 84.017, as provided under s. 84.555 (1m). The state may contract public debt in an amount not to exceed $704,750,000 for these purposes. In addition, the state may contract public debt in an amount not to exceed $107,000,000 for the reconstruction of the Zoo interchange and I 94 north-south corridor, as provided under s. 84.555 (1m), as southeast Wisconsin freeway megaprojects under s. 84.0145, in an amount not to exceed $216,800,000 for high-cost state highway bridge projects under s. 84.017, as provided under s. 84.555 (1m), and in an amount not to exceed $300,000,000 for southeast Wisconsin freeway megaprojects under s. 84.0145, as provided under s. 84.555 (1m), and in an amount not to exceed $95,000,000 for the reconstruction of the Zoo interchange, as provided under s. 84.555 (1m), as a southeast Wisconsin freeway megaproject under s. 84.0145, and in an amount not to exceed $40,000,000 for the reconstruction of the I 94 east-west corridor, as provided under s. 84.555 (1m), as a southeast Wisconsin freeway megaproject under s. 84.0145.

SB111,513 Section 513. 20.866 (2) (uut) of the statutes is amended to read:

SB111,578,11 20.866 (2) (uut) Transportation; state highway rehabilitation, certain projects. From the capital improvement fund, a sum sufficient for the department of transportation to fund state highway rehabilitation projects, as provided under s. 84.57. The state may contract public debt in an amount not to exceed $141,000,000 $419,500,000 for this purpose.

SB111,514 Section 514. 20.866 (2) (uuv) of the statutes is created to read:

SB111,578,17 20.866 (2) (uuv) Transportation; design-build projects. From the capital improvement fund, a sum sufficient for the department of transportation to fund design-build projects under s. 84.062 that are state highway rehabilitation projects, major highway projects, or southeast Wisconsin freeway megaprojects. The state may contract public debt in an amount not to exceed $20,000,000 for this purpose.

SB111,515 Section 515. 20.866 (2) (uv) of the statutes is amended to read:

SB111,578,23 20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $120,000,000 $167,300,000 for this purpose. The state may contract additional public debt in an amount up to $32,000,000 for this purpose.

SB111,516 Section 516. 20.866 (2) (uw) of the statutes is amended to read:

SB111,579,8 20.866 (2) (uw) Transportation; rail acquisitions and improvements and intermodal freight facilities. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d); and to provide intermodal freight facilities grants under s. 85.093. The state may contract public debt in an amount not to exceed $250,300,000 $300,300,000 for these purposes. The state may contract additional public debt in an amount up to $30,000,000 for these purposes.

SB111,517 Section 517. 20.866 (2) (we) of the statutes is amended to read:

SB111,579,15 20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $68,075,000 $82,075,000 for this purpose. The state may contract additional public debt in an amount up to $7,000,000 for this purpose.

SB111,518 Section 518. 20.866 (2) (xm) of the statutes is amended to read:

SB111,580,3 20.866 (2) (xm) Building commission; refunding tax-supported and self-amortizing general obligation debt. From the capital improvement fund, a sum sufficient to refund the whole or any part of any unpaid indebtedness used to finance tax-supported or self-amortizing facilities. In addition to the amount that may be contracted under par. (xe), the state may contract public debt in an amount not to exceed $7,510,000,000 $9,510,000,000 for this purpose. Such indebtedness shall be construed to include any premium and interest payable with respect thereto. Debt incurred by this paragraph shall be repaid under the appropriations providing for the retirement of public debt incurred for tax-supported and self-amortizing facilities in proportional amounts to the purposes for which the debt was refinanced. No moneys may be expended under this paragraph unless the true interest costs to the state can be reduced by the expenditure.

SB111,519 Section 519. 20.921 (1) (a) 2. of the statutes is amended to read:

SB111,580,7 20.921 (1) (a) 2. If the state employee is a public safety employee under s. 111.81 (15r) or is in a collective bargaining unit containing a frontline worker under s. 111.81 (9b), payment of dues to employee organizations.

SB111,520 Section 520 . 20.923 (4) (c) 1s. of the statutes is created to read:

SB111,580,9 20.923 (4) (c) 1s. Administration, department of: chief resiliency officer.

SB111,521 Section 521 . 20.923 (4) (c) 1t. of the statutes is created to read:

SB111,580,12 20.923 (4) (c) 1t. Administration, department of: director of the office of environmental justice.

SB111,522 Section 522. 20.923 (4) (c) 7. of the statutes is created to read:

SB111,580,15 20.923 (4) (c) 7. Administration, department of: director of Native American affairs.

SB111,523 Section 523 . 20.923 (4) (d) 3. of the statutes is created to read:

SB111,580,18 20.923 (4) (d) 3. Administration, department of; office of digital transformation: director.

SB111,524 Section 524. 20.923 (4) (e) 5m. of the statutes is renumbered 20.923 (4) (f) 6n.

SB111,525 Section 525 . 20.923 (6) (as) of the statutes is amended to read:

SB111,580,23 20.923 (6) (as) Each elective executive officer other than the state treasurer, secretary of state, attorney general, and superintendent of public instruction: a deputy or assistant.

SB111,526 Section 526 . 20.923 (8) of the statutes is amended to read:

SB111,581,10 20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), and 551.601 (1) shall be set by the appointing authority. The salary, other than the salary of the deputy secretary of the department of employee trust funds, shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The assistant secretary of state and associate director of the historical society shall be treated as an unclassified deputy deputies for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

SB111,527 Section 527. 20.9275 (2) (intro.) of the statutes is amended to read:

SB111,581,18 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. 48.481, 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:

SB111,528 Section 528 . 20.9315 of the statutes is created to read:

SB111,581,20 20.9315 False claims; actions by or on behalf of state. (1) In this section:

SB111,582,8 (b) “Claim” means any request or demand, whether under a contract or otherwise, for money or property and whether the state has title to the money or property, that is presented to an officer, employee, agent, or other representative of the state or to a contractor, grantee, or other person if the money or property is to be spent or used on the state's behalf or to advance a state program or interest, and if the state provides any portion of the money or property which is requested or demanded, or if the state will reimburse directly or indirectly such contractor, grantee, or other person for any portion of the money or property which is requested or demanded. “Claim” includes a request or demand for services from a state agency or as part of a state program. “Claim” does not include requests or demands for money or property that the state has paid to an individual as compensation for state employment or as an income subsidy with no restriction on that individual's use of the money or property.

SB111,582,12 (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.

SB111,582,14 (de) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property or the receipt of services.

SB111,582,15 (dm) “Medical assistance" has the meaning given under s. 49.43 (8).

SB111,582,16 (dr) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

SB111,582,17 (dt) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

SB111,582,20 (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.

SB111,582,25 (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 that were sustained by the state or would have been sustained by the state,whichever is greater, because of the actions of the person, and shall forfeit, for each violation, an amount within the range specified under 31 USC 3729 (a):

SB111,583,2 (a) Knowingly presents or causes to be presented a false or fraudulent claim to a state agency, including a false or fraudulent claim for medical assistance.

SB111,583,5 (b) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim to a state agency, including a false or fraudulent claim for medical assistance.

SB111,583,10 (dg) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Medical Assistance program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Medical Assistance program.

SB111,583,14 (dm) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to a state agency, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a state agency.

SB111,583,15 (dr) Conspires to commit a violation under par. (a), (b), (dg), or (dm).

SB111,583,19 (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:

SB111,583,22 (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.

SB111,583,23 (b) The person fully cooperated with any investigation of the acts by this state.

SB111,584,2 (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.

SB111,584,5 (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.

SB111,584,13 (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.

SB111,584,18 (bm) Any complaint filed by the state in intervention, whether filed separately or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing date of the qui tam plaintiff's complaint, to the extent that the state's claim arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the qui tam plaintiff's complaint.

SB111,584,21 (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.

SB111,584,23 (d) Before the expiration of the period during which the complaint remains under seal, the attorney general shall do one of the following:

SB111,584,25 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.

SB111,585,2 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.

SB111,585,5 (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.

SB111,585,8 (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.

SB111,585,12 (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.

SB111,585,20 (7) (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.

SB111,586,2 (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:

SB111,586,3 1. Limiting the number of witnesses that the person may call.

SB111,586,4 2. Limiting the length of the testimony of the witnesses.

SB111,586,5 3. Limiting the cross-examination of witnesses by the person.

SB111,586,7 4. Otherwise limiting the participation by the person in the prosecution of the action or proceeding.

SB111,586,12 (d) Upon showing by a defendant that unrestricted participation in the prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to which the state is a party by the person bringing the action would result in harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the person's participation in the prosecution.

SB111,586,19 (8) Except as provided in sub. (7), if the state elects not to participate in an action filed under sub. (5), the person bringing the action may prosecute the action. If the attorney general so requests, the attorney general shall, at the state's expense, be served with copies of all pleadings and deposition transcripts in the action. If the person bringing the action initiates prosecution of the action, the court, without limiting the status and rights of that person, may permit the state to intervene at a later date upon showing by the state of good cause for the proposed intervention.