Amendment AA3-SB70

SB70-AA3,225,16 (18) This section shall be liberally construed and applied to promote the public interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as reflected in the federal False Claims Act and the legislative history of the act.

SB70-AA3,275 Section 275. 49.485 of the statutes is renumbered 20.9315 (19) and amended to read:

SB70-AA3,225,24 20.9315 (19) Whoever knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

SB70-AA3,276 Section 276. 165.25 (11m) of the statutes is created to read:

SB70-AA3,226,3 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315 and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

SB70-AA3,277 Section 277. 801.02 (1) of the statutes is amended to read:

SB70-AA3,226,9 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB70-AA3,278 Section 278 . 803.09 (1) of the statutes is amended to read:

SB70-AA3,226,16 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB70-AA3,279 Section 279 . 803.09 (2) of the statutes is amended to read:

SB70-AA3,227,2 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

SB70-AA3,280 Section 280. 804.01 (2) (intro.) of the statutes is amended to read:

SB70-AA3,227,6 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

SB70-AA3,281 Section 281. 805.04 (1) of the statutes is amended to read:

SB70-AA3,227,15 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

SB70-AA3,282 Section 282. 805.04 (2p) of the statutes is created to read:

SB70-AA3,227,20 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

SB70-AA3,283 Section 283. 893.9815 of the statutes is created to read:

SB70-AA3,227,24 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.”.

SB70-AA3,228,1 249. Page 374, line 11: after that line insert:

SB70-AA3,228,2 “ Section 284. 20.435 (4) (bq) of the statutes is repealed.

SB70-AA3,285 Section 285. 49.79 (9) (d) of the statutes is repealed.

SB70-AA3,286 Section 286. 49.791 of the statutes is repealed.

SB70-AA3,287 Section 287. 2017 Wisconsin Act 370, section 44 (5) is repealed.”.

SB70-AA3,228,6 250. Page 374, line 11: after that line insert:

SB70-AA3,228,7 “ Section 288. 49.79 (9) (a) 1g. of the statutes is amended to read:

SB70-AA3,228,16 49.79 (9) (a) 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults without dependents in this state to participate in the employment and training program under this subsection, except for able-bodied adults without dependents who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.”.

SB70-AA3,228,17 251. Page 374, line 11: after that line insert:

SB70-AA3,228,19 “ Section 289. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA3,290 Section 290. 20.435 (4) (bu) of the statutes is created to read:

SB70-AA3,229,5 20.435 (4) (bu) Healthy eating incentives. The amounts in the schedule for the development and administration of the healthy eating incentives program under s. 49.79 (7m) and to provide electronic benefit transfer and credit and debit card processing equipment and services to farmers' markets and farmers who sell directly to consumers under s. 49.79 (7s).

SB70-AA3,291 Section 291. 49.79 (7m) of the statutes is created to read:

SB70-AA3,229,9 49.79 (7m) Healthy eating incentives. (a) In this subsection, “fruit and vegetables” means any variety of fresh, canned, dried, or frozen whole or cut fruits or vegetables without added sugars, fats, oils, or salt.

SB70-AA3,229,15 (b) Subject to pars. (c) and (d), from the appropriation under s. 20.435 (4) (bu), the department shall establish and implement the statewide healthy eating incentives Double Up Food Bucks pilot program under the federal Gus Schumacher Nutrition Incentive Program to match benefit amounts spent by recipients under the food stamp program on fruits and vegetables from participating retailers with additional benefit amounts to be used for the purchase of fruits and vegetables.

SB70-AA3,229,17 (c) The department shall do all of the following, on a schedule determined by the department:

SB70-AA3,229,20 1. Submit to the U.S. department of agriculture a request for a waiver or any other federal approval necessary to allow the department to implement the program under this subsection.

SB70-AA3,229,23 2. Seek any available moneys, including federal moneys under the federal Gus Schumacher Nutrition Incentive Program, to fund implementation of the program under this subsection.

SB70-AA3,230,3 (d) If the U.S. department of agriculture disapproves the request under par. (c) 1. or if the department is unable to obtain sufficient funding for the program, the department may not implement the program under this subsection.”.

SB70-AA3,230,4 252. Page 374, line 11: after that line insert:

SB70-AA3,230,5 “ Section 292. 49.79 (7s) of the statutes is created to read:

SB70-AA3,230,14 49.79 (7s) Payment processing program. From the appropriation under s. 20.435 (4) (bu), the department shall administer a payment processing program to provide to farmers' markets and farmers who sell directly to consumers electronic benefit transfer and credit and debit card processing equipment and services, including electronic benefit transfer for the food stamp program. To participate in the payment processing program, the vendor that is under contract to process the electronic benefit transfer and credit and debit card transactions shall also process any local purchasing incentives, even if those local purchasing incentives are funded by a local 3rd-party entity.

SB70-AA3,9219 Section 9219. Fiscal changes; Health Services.

SB70-AA3,230,19 (1) Payment processing program. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (bu), the dollar amount for fiscal year 2023-24 is increased by $735,000 and the dollar amount for fiscal year 2024-25 is increased by $735,000 for the program under s. 49.79 (7s).”.

SB70-AA3,230,20 253. Page 374, line 11: after that line insert:

SB70-AA3,230,22 “ Section 293. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA3,294 Section 294. 20.435 (5) (cm) of the statutes is created to read:

SB70-AA3,231,3 20.435 (5) (cm) Service dog training grants. The amounts in the schedule for awarding grants to organizations for service dog training under s. 46.250.

SB70-AA3,295 Section 295. 46.250 of the statutes is created to read:

SB70-AA3,231,8 46.250 Service dog training grants. (1) From the appropriation under s. 20.435 (5) (cm), the department shall award grants to organizations that train service dogs for the purpose of assisting providers in attaining accreditation specific to post-traumatic stress disorder training from Assistance Dog International.

SB70-AA3,231,10 (2) The department shall promulgate rules to establish a process and criteria for organizations to apply for the grants under this section.”.

SB70-AA3,231,11 254. Page 374, line 11: after that line insert:

SB70-AA3,231,12 “ Section 245m. 46.48 (34) of the statutes is created to read:

SB70-AA3,231,15 46.48 (34) Stimulant prevention and treatment response programs. The department may distribute not more than $1,644,000 in each fiscal year to support stimulant use prevention and treatment programs and services.”.

SB70-AA3,231,16 255. Page 374, line 11: after that line insert:

SB70-AA3,231,17 “ Section 296. 20.435 (1) (b) of the statutes is amended to read:

SB70-AA3,232,5 20.435 (1) (b) General aids and local assistance. The amounts in the schedule for aids and local assistance relating to public health services , for grants for the suicide prevention program under s. 255.20 (4), and for grants for community programs under s. 46.48. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Except as otherwise provided in this paragraph, all funds allocated but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB70-AA3,297 Section 297. 255.20 (4) of the statutes is created to read:

SB70-AA3,232,11 255.20 (4) (a) Implement a suicide prevention program that creates public awareness for issues relating to suicide prevention, builds community networks, and conducts training programs on suicide prevention for law enforcement personnel, health care providers, school employees, and other persons who have contact with persons at risk of suicide.

SB70-AA3,232,13 (b) As part of the suicide prevention program under this subsection, the department shall do all of the following:

SB70-AA3,232,14 1. Coordinate suicide prevention activities with other state agencies.

SB70-AA3,232,16 2. Provide educational activities to the general public relating to suicide prevention.

SB70-AA3,232,19 3. Provide training to persons who routinely interact with persons at risk of suicide, including training on recognizing persons at risk of suicide and referring those persons for appropriate treatment or support services.

SB70-AA3,232,21 4. Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide.

SB70-AA3,232,22 5. Enhance crisis services relating to suicide prevention.

SB70-AA3,232,25 6. Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes, and other facilities serving persons most at risk of suicide.

SB70-AA3,233,2 7. Coordinate the establishment of local advisory groups in each county to support the efforts of the suicide prevention program under this subsection.

SB70-AA3,233,7 8. Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this state to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide.

SB70-AA3,233,11 9. Develop and maintain a website with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, credentialed professional personnel, state and local mental health agencies, and appropriate national organizations.

SB70-AA3,233,14 10. Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance for suicide and uniform collection of data related to suicide.

SB70-AA3,233,16 11. Develop and submit proposals for funding from federal government agencies and nongovernmental organizations.

SB70-AA3,233,17 12. Administer grant programs involving suicide prevention.

SB70-AA3,233,20 (c) 1. The department shall award grants to organizations or coalitions of organizations, which may include a city, village, town, county, or federally recognized American Indian tribe or band in this state for any of the following purposes:

SB70-AA3,233,22 a. To train staff at a firearm retailer or firearm range on how to recognize a person that may be considering suicide.

SB70-AA3,233,24 b. To provide suicide prevention materials for distribution at a firearm retailer or firearm range.

SB70-AA3,233,25 c. To provide voluntary, temporary firearm storage.

SB70-AA3,234,3 2. The department may not award a grant under subd. 1. unless the recipient contributes matching funds or in-kind services having a value equal to at least 20 percent of the grant.

SB70-AA3,234,11 3. The department may not award a grant to a recipient under subd. 1. for an amount that exceeds $5,000. The department may not award a grant under subd. 1. having a duration of more than one year and may not automatically renew a grant awarded under subd. 1. This subdivision shall not be construed to prevent an organization or coalition of organizations from reapplying for a grant in consecutive years. In awarding grants under subd. 1., the department shall give preference to organizations or coalitions of organizations that have not previously received a grant under this paragraph.

SB70-AA3,234,14 (d) From the appropriation under s. 20.435 (1) (b), the department may distribute up to $500,000 in grants each fiscal year for grants under this subsection, up to $75,000 of which may be distributed each fiscal year for grants under par. (c).”.

SB70-AA3,234,15 256. Page 374, line 11: after that line insert:

SB70-AA3,234,16 “ Section 298. 254.11 (5m) of the statutes is repealed.

SB70-AA3,299 Section 299. 254.11 (9) of the statutes is amended to read:

SB70-AA3,234,19 254.11 (9) “Lead poisoning or lead exposure" means a level of lead in the blood of 5 3.5 or more micrograms per 100 milliliters of blood.

SB70-AA3,300 Section 300. 254.166 (1) of the statutes is amended to read:

SB70-AA3,235,19 254.166 (1) The department may shall, after being notified that an occupant of a dwelling or premises who is under 6 years of age has blood lead poisoning or lead exposure, present official credentials to the owner or occupant of the dwelling or premises, or to a representative of the owner, and request admission to conduct a lead investigation of the dwelling or premises. If the department is notified that an occupant of a dwelling or premises who is a child under 6 years of age has an elevated blood lead level blood lead poisoning or lead exposure, the department shall conduct a lead investigation of the dwelling or premises or ensure that a lead investigation of the dwelling or premises is conducted. The lead investigation shall be conducted during business hours, unless the owner or occupant of the dwelling or premises consents to an investigation during nonbusiness hours or unless the department determines that the dwelling or premises presents an imminent lead hazard. The department shall use reasonable efforts to provide prior notice of the lead investigation to the owner of the dwelling or premises. The department may remove samples or objects necessary for laboratory analysis to determine the presence of a lead hazard in the dwelling or premises. The department shall prepare and file written reports of all lead investigations conducted under this section and shall make the contents of these reports available for inspection by the public, except for medical information, which may be disclosed only to the extent that patient health care records may be disclosed under ss. 146.82 to 146.835. If the owner or occupant refuses admission, the department may seek a warrant to investigate the dwelling or premises. The warrant shall advise the owner or occupant of the scope of the lead investigation.”.

SB70-AA3,235,20 257. Page 374, line 11: after that line insert:

SB70-AA3,235,22 “ Section 301. 49.45 (41) (a) of the statutes is renumbered 49.45 (41) (a) (intro.) and amended to read:

SB70-AA3,236,3 49.45 (41) (a) (intro.) In this subsection, “crisis intervention services" means crisis intervention services for the treatment of mental illness, intellectual disability, substance abuse, and dementia that are provided by a any of the following:

SB70-AA3,236,5 2. A crisis intervention program operated by, or under contract with, a county, if the county is certified as a medical assistance provider.

SB70-AA3,302 Section 302. 49.45 (41) (a) 1. of the statutes is created to read: