Amendment SA4-SSA2-SB70

SB70-SSA2-SA4,438s Section 438s. 254.166 (1) of the statutes is amended to read:

SB70-SSA2-SA4,133,19 254.166 (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-SSA2-SA4,133,20 179. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,133,21 “ Section 153. 20.435 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA4,134,5 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-SSA2-SA4,154 Section 154. 255.20 (4) of the statutes is created to read:

SB70-SSA2-SA4,134,11 255.20 (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-SSA2-SA4,134,13 (b) As part of the suicide prevention program under this subsection, the department shall do all of the following:

SB70-SSA2-SA4,134,14 1. Coordinate suicide prevention activities with other state agencies.

SB70-SSA2-SA4,134,16 2. Provide educational activities to the general public relating to suicide prevention.

SB70-SSA2-SA4,134,19 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-SSA2-SA4,134,21 4. Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide.

SB70-SSA2-SA4,134,22 5. Enhance crisis services relating to suicide prevention.

SB70-SSA2-SA4,134,25 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-SSA2-SA4,135,2 7. Coordinate the establishment of local advisory groups in each county to support the efforts of the suicide prevention program under this subsection.

SB70-SSA2-SA4,135,7 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-SSA2-SA4,135,11 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-SSA2-SA4,135,14 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-SSA2-SA4,135,16 11. Develop and submit proposals for funding from federal government agencies and nongovernmental organizations.

SB70-SSA2-SA4,135,17 12. Administer grant programs involving suicide prevention.

SB70-SSA2-SA4,135,20 (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-SSA2-SA4,135,22 a. To train staff at a firearm retailer or firearm range on how to recognize a person that may be considering suicide.

SB70-SSA2-SA4,135,24 b. To provide suicide prevention materials for distribution at a firearm retailer or firearm range.

SB70-SSA2-SA4,135,25 c. To provide voluntary, temporary firearm storage.

SB70-SSA2-SA4,136,3 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-SSA2-SA4,136,11 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-SSA2-SA4,136,14 (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-SSA2-SA4,136,15 180. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,136,16 “ Section 245m. 46.48 (34) of the statutes is created to read:

SB70-SSA2-SA4,136,19 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-SSA2-SA4,136,20 181. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,136,22 “ Section 155. 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-SSA2-SA4,156 Section 156. 20.435 (5) (cm) of the statutes is created to read:

SB70-SSA2-SA4,137,3 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-SSA2-SA4,157 Section 157. 46.250 of the statutes is created to read:

SB70-SSA2-SA4,137,8 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-SSA2-SA4,137,10 (2) The department shall promulgate rules to establish a process and criteria for organizations to apply for the grants under this section.”.

SB70-SSA2-SA4,137,11 182. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,137,12 “ Section 158. 49.79 (7s) of the statutes is created to read:

SB70-SSA2-SA4,138,2 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-SSA2-SA4,9219 Section 9219. Fiscal changes; Health Services.

SB70-SSA2-SA4,138,7 (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-SSA2-SA4,138,8 183. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,138,10 “ Section 159. 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-SSA2-SA4,160 Section 160. 20.435 (4) (bu) of the statutes is created to read:

SB70-SSA2-SA4,138,16 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-SSA2-SA4,161 Section 161. 49.79 (7m) of the statutes is created to read:

SB70-SSA2-SA4,138,20 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-SSA2-SA4,139,6 (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-SSA2-SA4,139,8 (c) The department shall do all of the following, on a schedule determined by the department:

SB70-SSA2-SA4,139,11 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-SSA2-SA4,139,14 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-SSA2-SA4,139,17 (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-SSA2-SA4,139,18 184. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,139,19 “ Section 162. 49.79 (9) (a) 1g. of the statutes is amended to read:

SB70-SSA2-SA4,140,4 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-SSA2-SA4,140,5 185. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,140,6 “ Section 163. 20.435 (4) (bq) of the statutes is repealed.

SB70-SSA2-SA4,164 Section 164. 49.79 (9) (d) of the statutes is repealed.

SB70-SSA2-SA4,165 Section 165. 49.791 of the statutes is repealed.

SB70-SSA2-SA4,166 Section 166. 2017 Wisconsin Act 370, section 44 (5) is repealed.”.

SB70-SSA2-SA4,140,10 186. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,140,11 “ Section 167. 20.455 (1) (hn) of the statutes is created to read:

SB70-SSA2-SA4,140,13 20.455 (1) (hn) Payments to relators. All moneys received by the department that are owed to a relator, to provide payments owed to a relator.

SB70-SSA2-SA4,168 Section 168. 20.9315 of the statutes is created to read:

SB70-SSA2-SA4,140,15 20.9315 False claims; actions by or on behalf of state. (1) In this section:

SB70-SSA2-SA4,140,18 (a) 1. “Claim” means any request or demand, whether under a contract or otherwise, for money or property, whether the state has title to the money or property, that is any of the following:

SB70-SSA2-SA4,140,19 a. Presented to an officer, employee, agent, or other representative of the state.

SB70-SSA2-SA4,140,24 b. Made 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 that is requested or demanded or will reimburse directly or indirectly the contractor, grantee, or other person for any portion of the money or property that is requested or demanded.

SB70-SSA2-SA4,141,2 2. “Claim” includes a request or demand for services from a state agency or as part of a state program.

SB70-SSA2-SA4,141,5 3. “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.

SB70-SSA2-SA4,141,9 (b) “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.

SB70-SSA2-SA4,141,11 (c) “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.

SB70-SSA2-SA4,141,12 (d) “Medical assistance" has the meaning given under s. 49.43 (8).

SB70-SSA2-SA4,141,13 (e) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

SB70-SSA2-SA4,141,14 (f) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

SB70-SSA2-SA4,141,17 (g) “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.

SB70-SSA2-SA4,141,22 (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):

SB70-SSA2-SA4,141,24 (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.

SB70-SSA2-SA4,142,3 (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.

SB70-SSA2-SA4,142,8 (c) 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.

SB70-SSA2-SA4,142,12 (d) 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.

SB70-SSA2-SA4,142,13 (e) Conspires to commit a violation under par. (a), (b), (c), or (d).

SB70-SSA2-SA4,142,17 (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:

SB70-SSA2-SA4,142,20 (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.

SB70-SSA2-SA4,142,21 (b) The person fully cooperated with any investigation by this state of the acts.

SB70-SSA2-SA4,142,25 (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.

SB70-SSA2-SA4,143,3 (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.

SB70-SSA2-SA4,143,11 (b) The plaintiff under par. (a) shall serve upon the attorney general a copy of the complaint and documents disclosing substantially all material evidence and information that the plaintiff 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.