AB56,417,5 20.923 (4) (c) 2m. Administration, department of; office of sustainability and clean energy: director.

AB56,313 Section 313. 20.923 (4) (c) 6. of the statutes is repealed.

AB56,314 Section 314. 20.923 (4) (e) 4. of the statutes is amended to read:

AB56,417,9 20.923 (4) (e) 4. Administration Workforce development, department of: labor and industry review commission: member and chairperson.

AB56,315 Section 315 . 20.924 (1) (em) of the statutes is amended to read:

AB56,417,13 20.924 (1) (em) May substitute any available source of funding in whole or in part for borrowing authority under s. 20.866 (2) (s) to (zm) and (zz) that is authorized to be used to fund a project enumerated under the authorized state building program.

AB56,316 Section 316. 20.930 of the statutes is amended to read:

AB56,417,17 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 19.49 (2) (b) 6., 46.27 (7g) (h), 49.496 (3) (f), and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

AB56,317 Section 317 . 20.9315 of the statutes is created to read:

AB56,417,19 20.9315 False claims; actions by or on behalf of state. (1) In this section:

AB56,418,7 (b) “Claim” means any request or demand, whether under a contract or otherwise, for money or property and whether the state has title to the money or property, that is presented to an officer, employee, agent, or other representative of the state or 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 which is requested or demanded, or if the state will reimburse directly or indirectly such contractor, grantee, or other person for any portion of the money or property which is requested or demanded. “Claim” includes a request or demand for services from a state agency or as part of a state program. “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.

AB56,418,11 (d) “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.

AB56,418,13 (de) “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.

AB56,418,14 (dm) “Medical assistance" has the meaning given under s. 49.43 (8).

AB56,418,15 (dr) “Obligation” has the meaning given in 31 USC 3729 (b) (3).

AB56,418,16 (dt) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).

AB56,418,19 (e) “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.

AB56,418,24 (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):

AB56,419,2 (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.

AB56,419,5 (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.

AB56,419,10 (dg) 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.

AB56,419,14 (dm) 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.

AB56,419,15 (dr) Conspires to commit a violation under par. (a), (b), (dg), or (dm).

AB56,419,19 (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:

AB56,419,22 (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.

AB56,419,23 (b) The person fully cooperated with any investigation of the acts by this state.

AB56,420,2 (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.

AB56,420,5 (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.

AB56,420,13 (b) The plaintiff shall serve upon the attorney general a copy of the complaint and documents disclosing substantially all material evidence and information that the person 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.