This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB59,298 10Section 298. 20.866 (2) (th) of the statutes is amended to read:
SB59,412,1911 20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From
12the capital improvement fund, a sum sufficient for the department of natural
13resources to provide cost-sharing grants for urban nonpoint source water pollution
14abatement and storm water management projects under s. 281.66, to provide
15municipal flood control and riparian restoration cost-sharing grants under s.
16281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The
17state may contract public debt in an amount not to exceed $53,600,000 $57,600,000
18for this purpose. Of this amount, $500,000 is allocated in fiscal biennium 2001-03
19for dam rehabilitation grants under s. 31.387.
SB59,299 20Section 299. 20.866 (2) (ti) of the statutes is amended to read:
SB59,412,2421 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the
22capital improvement fund, a sum sufficient for the department of natural resources
23to fund removal of contaminated sediment under s. 281.87. The state may contract
24public debt in an amount not to exceed $32,000,000 $57,000,000 for this purpose.
SB59,300 25Section 300. 20.866 (2) (tj) of the statutes is created to read:
SB59,413,5
120.866 (2) (tj) Natural resources; total maximum daily load grants. From the
2capital improvement fund, a sum sufficient for the department of natural resources
3to provide funds for water pollution control infrastructure project grants under s.
4281.54. The state may contract public debt in an amount not to exceed $4,000,000
5for this purpose.
SB59,301 6Section 301. 20.866 (2) (tx) of the statutes is amended to read:
SB59,413,127 20.866 (2) (tx) Natural resources; dam safety projects. From the capital
8improvement fund, a sum sufficient for the department of natural resources to
9provide financial assistance to counties, cities, villages, towns, and public inland
10lake protection and rehabilitation districts for dam safety projects under s. 31.385.
11The state may contract public debt in an amount not to exceed $25,500,000
12$29,500,000 for this purpose.
SB59,302 13Section 302. 20.866 (2) (ugm) of the statutes is amended to read:
SB59,413,1714 20.866 (2) (ugm) Transportation; major interstate bridge construction. From
15the capital improvement fund, a sum sufficient for the department of transportation
16to fund major interstate bridge projects under s. 84.016. The state may contract
17public debt in an amount not to exceed $245,000,000 $272,000,000 for this purpose.
SB59,303 18Section 303. 20.866 (2) (up) of the statutes is amended to read:
SB59,413,2419 20.866 (2) (up) Transportation; rail passenger route development. From the
20capital improvement fund, a sum sufficient for the department of transportation to
21fund rail passenger route development under s. 85.061 (3). The state may contract
22public debt in an amount not to exceed $79,000,000 $124,000,000 for this purpose.
23Of this amount, not more than $10,000,000 may be used to fund the purposes
24specified in s. 85.061 (3) (a) 2. and 3.
SB59,304 25Section 304. 20.866 (2) (uup) of the statutes is amended to read:
SB59,414,18
120.866 (2) (uup) Transportation; southeast rehabilitation projects, southeast
2megaprojects, and high-cost bridge projects.
From the capital improvement fund, a
3sum sufficient for the department of transportation to fund the Marquette
4interchange reconstruction project under s. 84.014, as provided under s. 84.555, the
5reconstruction of the I 94 north-south corridor and the zoo interchange, as provided
6under s. 84.555 (1m), southeast Wisconsin freeway megaprojects under s. 84.0145,
7as provided under s. 84.555 (1m), and high-cost state highway bridge projects under
8s. 84.017, as provided under s. 84.555 (1m). The state may contract public debt in
9an amount not to exceed $704,750,000 for these purposes. In addition, the state may
10contract public debt in an amount not to exceed $107,000,000 for the reconstruction
11of the Zoo interchange and I 94 north-south corridor, as provided under s. 84.555
12(1m), as southeast Wisconsin freeway megaprojects under s. 84.0145, in an amount
13not to exceed $216,800,000 $206,800,000 for high-cost state highway bridge projects
14under s. 84.017, as provided under s. 84.555 (1m), and in an amount not to exceed
15$300,000,000 for southeast Wisconsin freeway megaprojects under s. 84.0145, as
16provided under s. 84.555 (1m), and in an amount not to exceed $65,000,000 for the
17reconstruction of the Zoo interchange, as provided under s. 84.555 (1m), as a
18southeast Wisconsin freeway megaproject under s. 84.0145
.
SB59,305 19Section 305. 20.866 (2) (uv) of the statutes is amended to read:
SB59,414,2320 20.866 (2) (uv) Transportation, harbor improvements. From the capital
21improvement fund, a sum sufficient for the department of transportation to provide
22grants for harbor improvements. The state may contract public debt in an amount
23not to exceed $120,000,000 $159,000,000 for this purpose.
SB59,306 24Section 306. 20.866 (2) (uw) of the statutes is amended to read:
SB59,415,6
120.866 (2) (uw) Transportation; rail acquisitions and improvements. From the
2capital improvement fund, a sum sufficient for the department of transportation to
3acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and
4loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d).
5The state may contract public debt in an amount not to exceed $250,300,000
6$280,300,000 for these purposes.
SB59,307 7Section 307. 20.866 (2) (we) of the statutes is amended to read:
SB59,415,128 20.866 (2) (we) Agriculture; soil and water. From the capital improvement
9fund, a sum sufficient for the department of agriculture, trade and consumer
10protection to provide for soil and water resource management under s. 92.14. The
11state may contract public debt in an amount not to exceed $68,075,000 $78,075,000
12for this purpose.
SB59,308 13Section 308. 20.866 (2) (zn) of the statutes is repealed.
SB59,309 14Section 309. 20.866 (2) (zo) of the statutes is amended to read:
SB59,415,2015 20.866 (2) (zo) Veterans affairs; refunding bonds. From the funds and accounts
16under s. 18.04 (6) (b), a sum sufficient for the department of veterans affairs to fund,
17refund, or acquire the whole or any part of public debt as set forth in s. 18.04 (5). The
18building commission may contract public debt in an amount not to exceed
19$1,015,000,000 for these purposes, exclusive of any amount issued to fund public
20debt contracted under par. s. 20.866 (2) (zn), 2017 stats.
SB59,310 21Section 310. 20.867 (4) (q) of the statutes is amended to read:
SB59,416,2122 20.867 (4) (q) Funding in lieu of borrowing. As a continuing appropriation, all
23interest earnings of the capital improvement fund accrued after September 30, 1983,
24except interest earnings arising from the investment of proceeds of public debt
25contracted under s. 20.866 (2) (zn), 2017 stats., and s. 20.866 (2) (zo) on and after

1March 24, 1985, to permit funding in lieu of borrowing for the purposes for which the
2contracting of public debt is authorized under s. 20.866 (2) before March 24, 1985,
3and under s. 20.866 (2) (s) to (zm) and (zz) on and after March 24, 1985, and under
4s. 20.866 (2) (s) to (tz), (ug) to (ut), (uv) to (zm) and (zz) on and after August 9, 1989;
5and to permit funding for the purposes for which the contracting of public debt is
6authorized under s. 20.866 (2) (u) and (uu), regardless of the borrowing limits under
7s. 20.866 (2) (u) and (uu), on and after August 9, 1989. Expenditures from this
8appropriation for each purpose under s. 20.866 (2) (s) to (zm) and (zz) may not exceed
9the net interest earnings attributable to the corresponding account created under s.
1018.08 (1) (b). Net interest earnings shall be allocated quarterly to accounts created
11under s. 18.08 (1) (b), on the basis of the average daily balance of each account during
12the quarter, except that accounts with a negative average daily balance shall not
13receive any interest earnings for that quarter. Balances attributable to accounts
14created under s. 18.08 (1) (b) may temporarily be utilized to support the expenditures
15of other accounts, pending the sale of public debt to provide funds for the program
16purposes of other accounts. Notwithstanding s. 20.866 (2) (s) to (zm) and (zz) or any
17nonstatutory state building program project enumeration, this appropriation may
18be used in lieu of borrowing under s. 20.866 (2) (s) to (zm) and (zz) on and after March
1925, 1985, and in lieu of borrowing under s. 20.866 (2) (s) to (tz), (ug) to (ut), (uv) to
20(zm) and (zz) on and after August 9, 1989; and may be used regardless of the
21borrowing limits under s. 20.866 (2) (u) and (uu) on and after August 9, 1989.
SB59,311 22Section 311. 20.867 (4) (r) of the statutes is amended to read:
SB59,417,223 20.867 (4) (r) Interest on veterans obligations. As a continuing appropriation,
24all interest earnings arising from the investment of proceeds of public debt
25contracted under s. 20.866 (2) (zn), 2017 stats., and s. 20.866 (2) (zo) on and after

1March 24, 1985 and all amounts transferred under 1985 Wisconsin Act 6, section 27,
2to permit the payment of debt service on the public debt.
SB59,312 3Section 312. 20.923 (4) (c) 2m. of the statutes is created to read:
SB59,417,54 20.923 (4) (c) 2m. Administration, department of; office of sustainability and
5clean energy: director.
SB59,313 6Section 313. 20.923 (4) (c) 6. of the statutes is repealed.
SB59,314 7Section 314. 20.923 (4) (e) 4. of the statutes is amended to read:
SB59,417,98 20.923 (4) (e) 4. Administration Workforce development, department of: labor
9and industry review commission: member and chairperson.
SB59,315 10Section 315 . 20.924 (1) (em) of the statutes is amended to read:
SB59,417,1311 20.924 (1) (em) May substitute any available source of funding in whole or in
12part for borrowing authority under s. 20.866 (2) (s) to (zm) and (zz) that is authorized
13to be used to fund a project enumerated under the authorized state building program.
SB59,316 14Section 316. 20.930 of the statutes is amended to read:
SB59,417,17 1520.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 19.49 (2) (b)
166., 46.27 (7g) (h), 49.496 (3) (f), and 49.682 (6), no state agency in the executive branch
17may employ any attorney until such employment has been approved by the governor.
SB59,317 18Section 317 . 20.9315 of the statutes is created to read:
SB59,417,19 1920.9315 False claims; actions by or on behalf of state. (1) In this section:
SB59,418,720 (b) “Claim” means any request or demand, whether under a contract or
21otherwise, for money or property and whether the state has title to the money or
22property, that is presented to an officer, employee, agent, or other representative of
23the state or to a contractor, grantee, or other person if the money or property is to be
24spent or used on the state's behalf or to advance a state program or interest, and if
25the state provides any portion of the money or property which is requested or

1demanded, or if the state will reimburse directly or indirectly such contractor,
2grantee, or other person for any portion of the money or property which is requested
3or demanded. “Claim” includes a request or demand for services from a state agency
4or as part of a state program. “Claim” does not include requests or demands for
5money or property that the state has paid to an individual as compensation for state
6employment or as an income subsidy with no restriction on that individual's use of
7the money or property.
SB59,418,118 (d) “Knowingly" means, with respect to information, having actual knowledge
9of the information, acting in deliberate ignorance of the truth or falsity of the
10information, or acting in reckless disregard of the truth or falsity of the information.
11“Knowingly" does not mean specifically intending to defraud.
SB59,418,1312 (de) “Material” means having a natural tendency to influence, or be capable of
13influencing, the payment or receipt of money or property or the receipt of services.
SB59,418,1414 (dm) “Medical assistance" has the meaning given under s. 49.43 (8).
SB59,418,1515 (dr) “Obligation” has the meaning given in 31 USC 3729 (b) (3).
SB59,418,1616 (dt) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).
SB59,418,1917 (e) “Proceeds" includes damages, civil penalties, surcharges, payments for costs
18of compliance, and any other economic benefit realized by this state as a result of an
19action or settlement of a claim.
SB59,418,24 20(2) Except as provided in sub. (3), any person who does any of the following is
21liable to this state for 3 times the amount of the damages that were sustained by the
22state or would have been sustained by the state,whichever is greater, because of the
23actions of the person, and shall forfeit, for each violation, an amount within the range
24specified under 31 USC 3729 (a):
SB59,419,2
1(a) Knowingly presents or causes to be presented a false or fraudulent claim
2to a state agency, including a false or fraudulent claim for medical assistance.
SB59,419,53 (b) Knowingly makes, uses, or causes to be made or used, a false record or
4statement material to a false or fraudulent claim to a state agency, including a false
5or fraudulent claim for medical assistance.
SB59,419,106 (dg) Knowingly makes, uses, or causes to be made or used, a false record or
7statement material to an obligation to pay or transmit money or property to the
8Medical Assistance program, or knowingly conceals or knowingly and improperly
9avoids or decreases an obligation to pay or transmit money or property to the Medical
10Assistance program.
SB59,419,1411 (dm) Knowingly makes, uses, or causes to be made or used a false record or
12statement material to an obligation to pay or transmit money or property to a state
13agency, or knowingly conceals or knowingly and improperly avoids or decreases an
14obligation to pay or transmit money or property to a state agency.
SB59,419,1515 (dr) Conspires to commit a violation under par. (a), (b), (dg), or (dm).
SB59,419,19 16(3) The court may assess against a person who violates sub. (2) not less than
172 nor more than 3 times the amount of the damages sustained by the state because
18of the acts of the person, and shall not assess any forfeiture, if the court finds all of
19the following:
SB59,419,2220 (a) The person who commits the acts furnished the attorney general with all
21information known to the person about the acts within 30 days after the date on
22which the person obtained the information.
SB59,419,2323 (b) The person fully cooperated with any investigation of the acts by this state.
SB59,420,224 (c) At the time that the person furnished the attorney general with information
25concerning the acts, no criminal prosecution or civil or administrative enforcement

1action had been commenced with respect to any such act, and the person did not have
2actual knowledge of the existence of any investigation into any such act.
SB59,420,5 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.
SB59,420,136 (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.
SB59,420,1814 (bm) Any complaint filed by the state in intervention, whether filed separately
15or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing
16date of the qui tam plaintiff's complaint, to the extent that the state's claim arises
17out of the conduct, transactions, or occurrences set forth, or attempted to be set forth,
18in the qui tam plaintiff's complaint.
SB59,420,2119 (c) The attorney general may, for good cause shown, move the court for one or
20more extensions of the period during which a complaint in an action under this
21subsection remains under seal.
SB59,420,2322 (d) Before the expiration of the period during which the complaint remains
23under seal, the attorney general shall do one of the following:
SB59,420,2524 1. Proceed with the action or an alternate remedy under sub. (10), in which case
25the action or proceeding under sub. (10) shall be prosecuted by the state.
SB59,421,2
12. Notify the court that he or she declines to proceed with the action, in which
2case the person bringing the action may proceed with the action.
SB59,421,53 (e) If a person brings a valid action under this subsection, no person other than
4the state may intervene or bring a related action while the original action is pending
5based upon the same facts underlying the pending action.
SB59,421,86 (f) In any action or other proceeding under sub. (10) brought under this
7subsection, the plaintiff is required to prove all essential elements of the cause of
8action or complaint, including damages, by a preponderance of the evidence.
SB59,421,12 9(6) If the state proceeds with an action under sub. (5) or an alternate remedy
10under sub. (10), the state has primary responsibility for prosecuting the action or
11proceeding under sub. (10). The state is not bound by any act of the person bringing
12the action, but that person has the right to continue as a party to the action.
SB59,421,20 13(7) (b) With the approval of the governor, the attorney general may compromise
14and settle an action under sub. (5) or an administrative proceeding under sub. (10)
15to which the state is a party, notwithstanding objection of the person bringing the
16action, if the court determines, after affording to the person bringing the action the
17right to a hearing at which the person is afforded the opportunity to present evidence
18in opposition to the proposed settlement, that the proposed settlement is fair,
19adequate, and reasonable considering the relevant circumstances pertaining to the
20violation.
SB59,422,221 (c) Upon a showing by the state that unrestricted participation in the
22prosecution of an action under sub. (5) or an alternate proceeding to which the state
23is a party by the person bringing the action would interfere with or unduly delay the
24prosecution of the action or proceeding, or would result in consideration of

1repetitious or irrelevant evidence or evidence presented for purposes of harassment,
2the court may limit the person's participation in the prosecution, such as:
SB59,422,33 1. Limiting the number of witnesses that the person may call.
SB59,422,44 2. Limiting the length of the testimony of the witnesses.
SB59,422,55 3. Limiting the cross-examination of witnesses by the person.
SB59,422,76 4. Otherwise limiting the participation by the person in the prosecution of the
7action or proceeding.
SB59,422,128 (d) Upon showing by a defendant that unrestricted participation in the
9prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
10which the state is a party by the person bringing the action would result in
11harassment or would cause the defendant undue burden or unnecessary expense, the
12court may limit the person's participation in the prosecution.
SB59,422,19 13(8) Except as provided in sub. (7), if the state elects not to participate in an
14action filed under sub. (5), the person bringing the action may prosecute the action.
15If the attorney general so requests, the attorney general shall, at the state's expense,
16be served with copies of all pleadings and deposition transcripts in the action. If the
17person bringing the action initiates prosecution of the action, the court, without
18limiting the status and rights of that person, may permit the state to intervene at a
19later date upon showing by the state of good cause for the proposed intervention.
SB59,423,4 20(9) Whether or not the state participates in an action under sub. (5), upon
21showing in camera by the attorney general that discovery by the person bringing the
22action would interfere with the state's ongoing investigation or prosecution of a
23criminal or civil matter arising out of the same facts as the facts upon which the
24action is based, the court may stay such discovery in whole or in part for a period of
25not more than 60 days. The court may extend the period of any such stay upon

1further showing in camera by the attorney general that the state has pursued the
2criminal or civil investigation of the matter with reasonable diligence and the
3proposed discovery in the action brought under sub. (5) will interfere with the
4ongoing criminal or civil investigation or prosecution.
SB59,423,16 5(10) The attorney general may pursue a claim relating to an alleged violation
6of sub. (2) through an alternate remedy available to the state or any state agency,
7including an administrative proceeding to assess a civil forfeiture. If the attorney
8general elects any such alternate remedy, the attorney general shall serve timely
9notice of his or her election upon the person bringing the action under sub. (5), and
10that person has the same rights in the alternate venue as the person would have had
11if the action had continued under sub. (5). Any finding of fact or conclusion of law
12made by a court or by a state agency in the alternate venue that has become final is
13conclusive upon all parties named in an action under sub. (5). For purposes of this
14subsection, a finding or conclusion is final if it has been finally determined on appeal,
15if all time for filing an appeal or petition for review with respect to the finding or
16conclusion has expired, or if the finding or conclusion is not subject to judicial review.
SB59,423,22 17(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
18action brought by a person under sub. (5) or the state pursues an alternate remedy
19relating to the same acts under sub. (10), the person who brings the action shall
20receive at least 15 percent but not more than 25 percent of the proceeds of the action
21or settlement of the claim, depending upon the extent to which the person
22contributed to the prosecution of the action or claim.
SB59,424,723 (b) Except as provided in par. (e), if an action or claim is one in which the court
24or other adjudicator finds to be based primarily upon disclosures of specific
25information not provided by the person who brings an action under sub. (5) relating

1to allegations or transactions specifically in a criminal, civil, or administrative
2hearing, or in a legislative or administrative report, hearing, audit, or investigation,
3or report made by the news media, the court or other adjudicator may award such
4amount as it considers appropriate, but not more than 10 percent of the proceeds of
5the action or settlement of the claim, depending upon the significance of the
6information and the role of the person bringing the action in advancing the
7prosecution of the action or claim.
SB59,424,128 (c) Except as provided in par. (e), in addition to any amount received under par.
9(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
10reasonable expenses necessarily incurred in bringing the action together with the
11person's costs and reasonable actual attorney fees. The court or other adjudicator
12shall assess any award under this paragraph against the defendant.
SB59,424,1813 (d) Except as provided in par. (e), if the state does not proceed with an action
14or an alternate proceeding under sub. (10), the person bringing the action shall
15receive an amount that the court decides is reasonable for collection of the civil
16penalty and damages. The amount shall be not less than 25 percent and not more
17than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
18addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB59,425,519 (e) Whether or not the state proceeds with the action or an alternate proceeding
20under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
21was brought by a person who planned or initiated the violation upon which the action
22or proceeding is based, then the court may, to the extent that the court considers
23appropriate, reduce the share of the proceeds of the action that the person would
24otherwise receive under par. (a), (b), or (d), taking into account the role of that person
25in advancing the prosecution of the action or claim and any other relevant

1circumstance pertaining to the violation, except that if the person bringing the action
2is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
3the court or other adjudicator shall dismiss the person as a party and the person shall
4not receive any share of the proceeds of the action or claim or any expenses, costs, and
5fees under par. (c).
SB59,425,10 6(12) Except if the action is brought by the attorney general or the person
7bringing the action is an original source of the information, the court shall dismiss
8an action or claim under this section, unless opposed by the state, if substantially the
9same allegations or transactions as alleged in the action or claim were publicly
10disclosed in any of the following ways:
SB59,425,1211 (a) In a federal criminal, civil, or administrative hearing in which the state or
12its agent is a party.
SB59,425,1413 (b) In a congressional, government accountability office, or other federal report,
14hearing, audit, or investigation.
SB59,425,1515 (c) From the news media.
Loading...
Loading...