AB43: Bill Text

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:

AB43,,1513 24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the department, if the department grants an easement under sub. (1r) for the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not require any appraisal or the payment of any fee to grant the easement.

AB43,585 Section 585. 25.17 (1) (d) of the statutes is repealed.

AB43,586 Section 586. 25.17 (1) (er) of the statutes is created to read:

AB43,,1516 25.17 (1) (er) Family and medical leave benefits insurance trust fund (s. 25.52);

AB43,587 Section 587. 25.185 (title) of the statutes is amended to read:

AB43,,1518 25.185 (title) Minority financial advisers and investment firms; disabled; veteran-owned; lesbian, gay, bisexual, or transgender-owned; and disability-owned financial advisers and investment firms.

AB43,588 Section 588. 25.185 (1) (a) of the statutes is renumbered 25.185 (1) (e) and amended to read:

AB43,,1520 25.185 (1) (e) “Disabled veteran-owned Veteran-owned financial adviser” means a financial adviser certified by the department of administration under s. 16.283 (3).

AB43,589 Section 589. 25.185 (1) (ae) of the statutes is created to read:

AB43,,1522 25.185 (1) (ae) “Disability-owned financial adviser” means a financial adviser certified by the department of administration under s. 16.289 (3).

AB43,590 Section 590. 25.185 (1) (af) of the statutes is created to read:

AB43,,1524 25.185 (1) (af) “Disability-owned investment firm” means an investment firm certified by the department of administration under s. 16.289 (3).

AB43,591 Section 591. 25.185 (1) (b) of the statutes is renumbered 25.185 (1) (f) and amended to read:

AB43,,1526 25.185 (1) (f) “Disabled veteran-owned Veteran-owned investment firm” means an investment firm certified by the department of administration under s. 16.283 (3).

AB43,592 Section 592. 25.185 (1) (br) of the statutes is created to read:

AB43,,1528 25.185 (1) (br) “Lesbian, gay, bisexual, or transgender-owned financial adviser” means a financial adviser certified by the department of administration under s. 16.288 (3).

AB43,593 Section 593. 25.185 (1) (bs) of the statutes is created to read:

AB43,,1530 25.185 (1) (bs) “Lesbian, gay, bisexual, or transgender-owned investment firm” means an investment firm certified by the department of administration under s. 16.288 (3).

AB43,594 Section 594. 25.185 (2) (b) of the statutes is amended to read:

AB43,,1532 25.185 (2) (b) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disabled veteran-owned financial advisers or disabled veteran-owned investment firms.

AB43,595 Section 595. 25.185 (2) (c) of the statutes is created to read:

AB43,,1534 25.185 (2) (c) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.

AB43,596 Section 596. 25.185 (2) (d) of the statutes is created to read:

AB43,,1536 25.185 (2) (d) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.

AB43,597 Section 597. 25.185 (3) of the statutes is amended to read:

AB43,,1538 25.185 (3) The board shall annually report to the department of administration the total amount of moneys expended under sub. (2) for common stock and convertible bond brokerage commissions, the services of minority and disabled, veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers, and the services of minority and disabled, veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned investment firms during the preceding fiscal year.

AB43,598 Section 598. 25.316 of the statutes is created to read:

AB43,,1540 25.316 Community reinvestment fund. There is established a separate nonlapsible trust fund, designated the community reinvestment fund consisting of all moneys received under subch. IV of ch. 139, including interest and penalties.

AB43,599 Section 599. 25.43 (2s) of the statutes is repealed and recreated to read:

AB43,,1542 25.43 (2s) The secretary of administration and the secretary of natural resources shall ensure that any moneys required to be repaid to the environmental improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be paid from the environmental fund to the environmental improvement fund.

AB43,600 Section 600. 25.46 (1) (rr) of the statutes is repealed.

AB43,601 Section 601. 25.46 (1) (s) of the statutes is created to read:

AB43,,1545 25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental management.

AB43,602 Section 602. 25.46 (2m) of the statutes is amended to read:

AB43,,1547 25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose of environmental management, except the moneys described in sub. (1) (ej), (ek), (hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to have been received for the purpose of nonpoint source water pollution abatement.

AB43,603 Section 603. 25.48 of the statutes is repealed.

AB43,604 Section 604. 25.50 (3) (b) of the statutes is amended to read:

AB43,,1550 25.50 (3) (b) On the dates specified and to the extent to which they are available, subject to s. 16.53 (10), funds payable to local governments under ss. 79.035, 79.036, 79.04, 79.05, 79.08, and 79.10 shall be considered local funds and, pursuant to the instructions of local officials, may be paid into the separate accounts of all local governments established in the local government pooled-investment fund and, pursuant to the instructions of local officials, to the extent to which they are available, be disbursed or invested.

AB43,605 Section 605. 25.52 of the statutes is created to read:

AB43,,1552 25.52 Family and medical leave benefits insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave benefits insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105 (8).

AB43,606 Section 606. 27.01 (2) (a) of the statutes is amended to read:

AB43,,1554 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable for state park purposes and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly committees on natural resources. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB43,607 Section 607. 27.01 (9) (bg) of the statutes is created to read:

AB43,,1556 27.01 (9) (bg) Annual 4th grade pass. 1. In this paragraph:

AB43,,1557 a. “Fourth grade pupil” means a child receiving a 4th grade level of instruction in a school or a home-based private educational program, as defined in s. 115.001 (3g).

AB43,,1558 b. “Guardian” has the meaning given in s. 48.02 (8).