AB43: Bill Text

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).

AB43,,1472 (e) Whether or not the state proceeds with an action under sub. (5) or an alternate proceeding under sub. (10), if the court or other adjudicator finds that an action under sub. (5) was brought by a person who planned or initiated the violation upon which the action or proceeding is based, then the court may, to the extent that the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under par. (a), (b), or (d), taking into account the role of that person in advancing the prosecution of the action or claim and any other relevant circumstance pertaining to the violation, except that if the person bringing the action is convicted of criminal conduct arising from his or her role in a violation of sub. (2), the court or other adjudicator shall dismiss the person as a party and the person shall not receive any share of the proceeds of the action or claim or any expenses, costs, or fees under par. (c).

AB43,,1473 (12) Except if the action is brought by the attorney general or the person bringing the action is an original source of the information, the court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in any of the following ways:

AB43,,1474 (a) In a federal criminal, civil, or administrative hearing in which the state or its agent is a party.

AB43,,1475 (b) In a congressional, government accountability office, or other federal report, hearing, audit, or investigation.

AB43,,1476 (c) From the news media.

AB43,,1477 (13) The state is not liable for any expenses incurred by a private person in bringing an action under sub. (5).

AB43,,1478 (14) Any employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful actions taken by the employee, contractor, or agent or by others in furtherance of an action or claim filed under this section or on behalf of the employee, contractor, or agent, including investigation for, initiation of, testimony for, or assistance in an action or claim filed or to be filed under sub. (5), is entitled to all necessary relief to make the employee, contractor, or agent whole. Such relief shall in each case include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay at the legal rate, and compensation for any special damages sustained as a result of the discrimination, including costs and reasonable attorney fees. An employee, contractor, or agent may bring an action to obtain the relief to which the employee, contractor, or agent is entitled under this subsection within 3 years after the date the retaliation occurred.

AB43,,1479 (15) A civil action may be brought under sub. (5) based upon acts occurring prior to the effective date of this subsection .... [LRB inserts date], if the action is brought within the period specified in s. 893.9815.

AB43,,1480 (16) A judgment of guilty entered against a defendant in a criminal action in which the defendant is charged with fraud or making false statements estops the defendant from denying the essential elements of the offense in any action under sub. (5) that involves the same elements as in the criminal action.

AB43,,1481 (17) The remedies provided for under this section are in addition to any other remedies provided for under any other law or available under the common law.

AB43,,1482 (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.

AB43,570 Section 570. 20.940 of the statutes is repealed.

AB43,571 Section 571. 23.09 (2) (d) (intro.) of the statutes is amended to read:

AB43,,1485 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or agreement, and receive by gifts or devise, lands or waters suitable for the purposes enumerated in this paragraph, and maintain such lands and waters for such purposes; and, except for the purpose specified under subd. 12., may condemn lands or waters suitable for such purposes after obtaining approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof:

AB43,572 Section 572. 23.09165 (2) (ac) of the statutes is renumbered 23.09165 (2).

AB43,573 Section 573. 23.09165 (2) (bc) of the statutes is repealed.

AB43,574 Section 574. 23.0917 (3) (bt) 3. of the statutes is amended to read:

AB43,,1489 23.0917 (3) (bt) 3. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $1,000,000 plus the amount transferred to the capital improvement fund amounts in the schedule under s. 20.370 (5) (hq) in that fiscal year.

AB43,575 Section 575. 23.0917 (3) (bw) 2. of the statutes is amended to read:

AB43,,1491 23.0917 (3) (bw) 2. In obligating moneys under the subprogram for land acquisition, for each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department shall set aside the amount transferred to the capital improvement fund amounts in the schedule under s. 20.370 (5) (hr) in that fiscal year to be obligated only to provide grants to counties under s. 23.0953.

AB43,576 Section 576. 23.0917 (6m) (c) of the statutes is amended to read:

AB43,,1493 23.0917 (6m) (c) The procedures under par. (a) apply only to an amount for a project or activity that exceeds $250,000 $500,000, except as provided in pars. (d), (dg), and (dm), and (dr).

AB43,577 Section 577. 23.0917 (6m) (dm) (intro.) and 1. of the statutes are amended to read:

AB43,,1495 23.0917 (6m) (dm) (intro.) The procedures under par. (a) apply to an amount for a project or activity that is less than or equal to $250,000 $500,000 if all of the following apply:

AB43,,1496 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $250,000 $500,000.

AB43,578 Section 578. 23.0917 (6m) (dr) of the statutes is repealed.

AB43,579 Section 579. 23.1991 of the statutes is created to read:

AB43,,1499 23.1991 Great Lakes erosion control revolving loan program. (1) The department shall administer a revolving loan program to assist municipalities and owners of homes located on the shore of Lake Michigan or Lake Superior where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline.

AB43,,1500 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

AB43,,1501 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

AB43,580 Section 580. 23.1993 of the statutes is created to read:

AB43,,1503 23.1993 Mississippi River erosion control revolving loan program. (1) The department shall administer a revolving loan program to assist municipalities and owners of homes located on the shore of the Mississippi River where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline.

AB43,,1504 (2) The department shall make loans under this section from the appropriation under s. 20.370 (9) (pq).

AB43,,1505 (3) The department shall promulgate rules to administer this section, including rules establishing eligibility criteria and income limitations for loans under this section.

AB43,581 Section 581. 23.41 (6) (b) of the statutes is amended to read:

AB43,,1507 23.41 (6) (b) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses, as defined in s. 16.75 (3m) (a) 1. 5.

AB43,582 Section 582. 23.41 (6) (c) of the statutes is created to read:

AB43,,1509 23.41 (6) (c) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses certified by the department of administration under s. 16.288 (3).

AB43,583 Section 583. 23.41 (6) (d) of the statutes is created to read:

AB43,,1511 23.41 (6) (d) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disability-owned businesses certified by the department of administration under s. 16.289 (3).

AB43,584 Section 584. 24.40 (3) of the statutes is amended to read: