AB43: Bill Text

AB43,,1384 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 $72,600,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 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.

AB43,549 Section 549. 20.866 (2) (ti) of the statutes is amended to read:

AB43,,1386 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 $55,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.

AB43,550 Section 550. 20.866 (2) (tx) of the statutes is amended to read:

AB43,,1388 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 $49,500,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $10,000,000 for this purpose.

AB43,551 Section 551. 20.866 (2) (ug) of the statutes is amended to read:

AB43,,1390 20.866 (2) (ug) Transportation; accelerated bridge improvements. From the capital improvement fund, a sum sufficient to acquire, construct, develop, enlarge or improve local bridges under s. 84.11 and interstate bridges under s. 84.12. The state may contract public debt in an amount not to exceed $46,849,800 for this purpose. In addition, the state may contract public debt in an amount not to exceed $50,000,000 for the construction of the Southern Bridge project crossing the Fox River in Brown County.

AB43,552 Section 552. 20.866 (2) (ugm) of the statutes is amended to read:

AB43,,1392 20.866 (2) (ugm) Transportation; major interstate bridge construction. From the capital improvement fund, a sum sufficient for the department of transportation to fund major interstate bridge projects under s. 84.016. The state may contract public debt in an amount not to exceed $245,000,000 $319,200,000 for this purpose. The state may contract additional public debt in an amount up to $27,000,000 for this purpose.

AB43,553 Section 553. 20.866 (2) (uup) 1. of the statutes is amended to read:

AB43,,1394 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), 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), 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 up to $40,000,000 $180,873,000 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.

AB43,554 Section 554. 20.866 (2) (uv) of the statutes is amended to read:

AB43,,1396 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 $183,300,000 for this purpose. The state may contract additional public debt in an amount up to $32,000,000 for this purpose. The state may contract additional public debt in an amount up to $15,300,000 for this purpose.

AB43,555 Section 555. 20.866 (2) (uw) of the statutes is amended to read:

AB43,,1398 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 $320,300,000 for these purposes. The state may contract additional public debt in an amount up to $30,000,000 for these purposes. The state may contract additional public debt in an amount up to $20,000,000 for these purposes.

AB43,556 Section 556. 20.866 (2) (we) of the statutes is amended to read:

AB43,,1400 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 $89,075,000 for this purpose. The state may contract additional public debt in an amount up to $7,000,000 for this purpose. The state may contract additional public debt in an amount up to $7,000,000 for this purpose.

AB43,557 Section 557. 20.866 (2) (xm) of the statutes is amended to read:

AB43,,1402 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 $11,235,000,000 for this purpose. The state may contract additional public debt in an amount up to $2,000,000,000 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.

AB43,558 Section 558. 20.921 (1) (a) 2. of the statutes is amended to read:

AB43,,1404 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.

AB43,559 Section 559. 20.923 (4) (c) 1s. of the statutes is created to read:

AB43,,1406 20.923 (4) (c) 1s. Administration, department of: chief resiliency officer.

AB43,560 Section 560. 20.923 (4) (c) 1t. of the statutes is created to read:

AB43,,1408 20.923 (4) (c) 1t. Administration, department of: director of the office of environmental justice.

AB43,561 Section 561. 20.923 (4) (c) 7. of the statutes is created to read:

AB43,,1410 20.923 (4) (c) 7. Justice, department of: director of the office of missing and murdered indigenous women.

AB43,562 Section 562. 20.923 (4) (c) 8. of the statutes is created to read:

AB43,,1412 20.923 (4) (c) 8. Administration, department of: director of Native American affairs.

****Note: This is reconciled s. 20.923 (4) (c) 8. This Section has been affected by drafts with the following LRB numbers: LRB-1537 and LRB-1823.

AB43,563 Section 563. 20.923 (4) (d) 2. of the statutes is created to read:

AB43,,1414 20.923 (4) (d) 2. Administration, department of: chief equity officer.

AB43,564 Section 564. 20.923 (4) (f) 6f. of the statutes is created to read:

AB43,,1416 20.923 (4) (f) 6f. Legislature; legislative human resources office: director.

AB43,565 Section 565. 20.923 (6) (as) of the statutes is amended to read:

AB43,,1418 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.

AB43,566 Section 566. 20.923 (6) (fm) of the statutes is created to read:

AB43,,1420 20.923 (6) (fm) Legislative human resources office: all positions.

AB43,567 Section 567. 20.923 (8) of the statutes is amended to read:

AB43,,1422 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.

AB43,568 Section 568. 20.9275 (2) (intro.) of the statutes is amended to read:

AB43,,1424 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:

AB43,569 Section 569. 20.9315 of the statutes is created to read:

AB43,,1426 20.9315 False claims; actions by or on behalf of state. (1) In this section:

AB43,,1427 (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:

AB43,,1428 a. Presented to an officer, employee, agent, or other representative of the state.

AB43,,1429 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.

AB43,,1430 2. “Claim” includes a request or demand for services from a state agency or as part of a state program.

AB43,,1431 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.

AB43,,1432 (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.

AB43,,1433 (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.

AB43,,1434 (d) “Medical assistance” has the meaning given under s. 49.43 (8).

AB43,,1435 (e) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

AB43,,1436 (f) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

AB43,,1437 (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.

AB43,,1438 (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):

AB43,,1439 (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.

AB43,,1440 (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.

AB43,,1441 (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.

AB43,,1442 (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.

AB43,,1443 (e) Conspires to commit a violation under par. (a), (b), (c), or (d).

AB43,,1444 (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:

AB43,,1445 (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.

AB43,,1446 (b) The person fully cooperated with any investigation by this state of the acts.

AB43,,1447 (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.

AB43,,1448 (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.

AB43,,1449 (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.

AB43,,1450 (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.

AB43,,1451 (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.

AB43,,1452 (d) Before the expiration of the period during which the complaint remains under seal, the attorney general shall do one of the following:

AB43,,1453 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.

AB43,,1454 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.

AB43,,1455 (e) If a person brings a valid action under this subsection, no person other than the state may intervene or bring a related action based upon the same facts underlying the original action while the original action is pending.

AB43,,1456 (f) In any action brought under this subsection or other proceeding under sub. (10), the plaintiff is required to prove all essential elements of the cause of action or complaint, including damages, by a preponderance of the evidence.

AB43,,1457 (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 under sub. (5) 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.

AB43,,1458 (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.

AB43,,1459 (c) Upon a showing by the state that unrestricted participation in the prosecution of an action under sub. (5) or an alternate proceeding under sub. (10) 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:

AB43,,1460 1. Limiting the number of witnesses that the person may call.

AB43,,1461 2. Limiting the length of the testimony of the witnesses.

AB43,,1462 3. Limiting the cross-examination of witnesses by the person.

AB43,,1463 4. Otherwise limiting the participation by the person in the prosecution of the action or proceeding.

AB43,,1464 (d) Upon a 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.

AB43,,1465 (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 a showing by the state of good cause for the proposed intervention.

AB43,,1466 (9) Whether or not the state participates in an action under sub. (5), upon a showing in camera by the attorney general that discovery by the person bringing the action would interfere with the state’s ongoing investigation or prosecution of a criminal or civil matter arising out of the same facts as the facts upon which the action is based, the court may stay such discovery in whole or in part for a period of not more than 60 days. The court may extend the period of any such stay upon a further showing in camera by the attorney general that the state has pursued the criminal or civil investigation of the matter with reasonable diligence and the proposed discovery in the action brought under sub. (5) will interfere with the ongoing criminal or civil investigation or prosecution.

AB43,,1467 (10) The attorney general may pursue a claim relating to an alleged violation of sub. (2) through an alternate remedy available to the state or any state agency, including an administrative proceeding to assess a civil forfeiture. If the attorney general elects any such alternate remedy, the attorney general shall serve timely notice of his or her election upon the person bringing the action under sub. (5), and that person has the same rights in the alternate venue as the person would have had if the action had continued under sub. (5). Any finding of fact or conclusion of law made by a court or by a state agency in the alternate venue that has become final is conclusive upon all parties named in an action under sub. (5). For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal, if all time for filing an appeal or petition for review with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

AB43,,1468 (11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an action brought by a person under sub. (5) or the state pursues an alternate remedy relating to the same acts under sub. (10), the person who brings the action shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person contributed to the prosecution of the action or claim.

AB43,,1469 (b) Except as provided in par. (e), if an action or claim is one that the court or other adjudicator finds to be based primarily upon disclosures of specific information not provided by the person who brings the action or claim under sub. (5) relating to allegations or transactions specifically disclosed in a criminal, civil, or administrative hearing; legislative or administrative report, hearing, audit, or investigation; or report made by the news media, the court or other adjudicator may award an amount to the person as it considers appropriate, but not more than 10 percent of the proceeds of the action or settlement of the claim, depending upon the significance of the information and the role of the person bringing the action in advancing the prosecution of the action or claim.

AB43,,1470 (c) Except as provided in par. (e), in addition to any amount received under par. (a) or (b), a person bringing an action under sub. (5) shall be awarded his or her reasonable expenses necessarily incurred in bringing the action together with the person’s costs and reasonable actual attorney fees. The court or other adjudicator shall assess any award under this paragraph against the defendant.

AB43,,1471 (d) Except as provided in par. (e), if the state does not proceed with an action under sub. (5) or an alternate proceeding under sub. (10), the person bringing the action shall receive an amount that the court decides is reasonable for collection of the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action and shall be paid from the proceeds. In addition, the person shall be paid his or her expenses, costs, and fees under par. (c).