1920.9315 False claims; actions by or on behalf of state. (1)
In this section:
(b) “Claim” means any request or demand, whether under a contract or 21
otherwise, for money or property and whether the state has title to the money or 22
property, that is presented to an officer, employee, agent, or other representative of 23
the state or to a contractor, grantee, or other person if the money or property is to be 24
spent or used on the state's behalf or to advance a state program or interest, and if 25
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, 2
grantee, or other person for any portion of the money or property which is requested 3
or demanded. “Claim” includes a request or demand for services from a state agency 4
or as part of a state program. “Claim” does not include requests or demands for 5
money or property that the state has paid to an individual as compensation for state 6
employment or as an income subsidy with no restriction on that individual's use of 7
the money or property.
(d) “Knowingly" means, with respect to information, having actual knowledge 9
of the information, acting in deliberate ignorance of the truth or falsity of the 10
information, or acting in reckless disregard of the truth or falsity of the information. 11
“Knowingly" does not mean specifically intending to defraud.
(de) “Material” means having a natural tendency to influence, or be capable of 13
influencing, the payment or receipt of money or property or the receipt of services.
(dm) “Medical assistance" has the meaning given under s. 49.43 (8).
(dr) “Obligation” has the meaning given in 31 USC 3729
(dt) “Original source” has the meaning given in 31 USC 3730
(e) (4) (B).
(e) “Proceeds" includes damages, civil penalties, surcharges, payments for costs 18
of compliance, and any other economic benefit realized by this state as a result of an 19
action or settlement of a claim.
Except as provided in sub. (3), any person who does any of the following is 21
liable to this state for 3 times the amount of the damages that were sustained by the 22
state or would have been sustained by the state,whichever is greater, because of the 23
actions of the person, and shall forfeit, for each violation, an amount within the range 24
specified under 31 USC 3729
(a) Knowingly presents or causes to be presented a false or fraudulent claim 2
to a state agency, including a false or fraudulent claim for medical assistance.
(b) Knowingly makes, uses, or causes to be made or used, a false record or 4
statement material to a false or fraudulent claim to a state agency, including a false 5
or fraudulent claim for medical assistance.
(dg) Knowingly makes, uses, or causes to be made or used, a false record or 7
statement material to an obligation to pay or transmit money or property to the 8
Medical Assistance program, or knowingly conceals or knowingly and improperly 9
avoids or decreases an obligation to pay or transmit money or property to the Medical 10
(dm) Knowingly makes, uses, or causes to be made or used a false record or 12
statement material to an obligation to pay or transmit money or property to a state 13
agency, or knowingly conceals or knowingly and improperly avoids or decreases an 14
obligation to pay or transmit money or property to a state agency.
(dr) Conspires to commit a violation under par. (a), (b), (dg), or (dm).
The court may assess against a person who violates sub. (2) not less than 17
2 nor more than 3 times the amount of the damages sustained by the state because 18
of the acts of the person, and shall not assess any forfeiture, if the court finds all of 19
(a) The person who commits the acts furnished the attorney general with all 21
information known to the person about the acts within 30 days after the date on 22
which the person obtained the information.
(b) The person fully cooperated with any investigation of the acts by this state.
(c) At the time that the person furnished the attorney general with information 25
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 2
actual knowledge of the existence of any investigation into any such act.
(a) Except as provided in subs. (10) and (12), any person may bring a civil 4
action as a qui tam plaintiff against a person who commits an act in violation of sub. 5
(2) for the person and the state in the name of the state.
(b) The plaintiff shall serve upon the attorney general a copy of the complaint 7
and documents disclosing substantially all material evidence and information that 8
the person possesses. The plaintiff shall file a copy of the complaint with the court 9
for inspection in camera. Except as provided in par. (c), the complaint shall remain 10
under seal for a period of 60 days from the date of filing, and shall not be served upon 11
the defendant until the court so orders. Within 60 days from the date of service upon 12
the attorney general of the complaint, evidence, and information under this 13
paragraph, the attorney general may intervene in the action.
(bm) Any complaint filed by the state in intervention, whether filed separately 15
or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing 16
date of the qui tam plaintiff's complaint, to the extent that the state's claim arises 17
out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, 18
in the qui tam plaintiff's complaint.
(c) The attorney general may, for good cause shown, move the court for one or 20
more extensions of the period during which a complaint in an action under this 21
subsection remains under seal.
(d) Before the expiration of the period during which the complaint remains 23
under seal, the attorney general shall do one of the following:
1. Proceed with the action or an alternate remedy under sub. (10), in which case 25
the action or proceeding under sub. (10) shall be prosecuted by the state.
2. Notify the court that he or she declines to proceed with the action, in which 2
case the person bringing the action may proceed with the action.
(e) If a person brings a valid action under this subsection, no person other than 4
the state may intervene or bring a related action while the original action is pending 5
based upon the same facts underlying the pending action.
(f) In any action or other proceeding under sub. (10) brought under this 7
subsection, the plaintiff is required to prove all essential elements of the cause of 8
action or complaint, including damages, by a preponderance of the evidence.
If the state proceeds with an action under sub. (5) or an alternate remedy 10
under sub. (10), the state has primary responsibility for prosecuting the action or 11
proceeding under sub. (10). The state is not bound by any act of the person bringing 12
the action, but that person has the right to continue as a party to the action.
(b) With the approval of the governor, the attorney general may compromise 14
and settle an action under sub. (5) or an administrative proceeding under sub. (10) 15
to which the state is a party, notwithstanding objection of the person bringing the 16
action, if the court determines, after affording to the person bringing the action the 17
right to a hearing at which the person is afforded the opportunity to present evidence 18
in opposition to the proposed settlement, that the proposed settlement is fair, 19
adequate, and reasonable considering the relevant circumstances pertaining to the 20
(c) Upon a showing by the state that unrestricted participation in the 22
prosecution of an action under sub. (5) or an alternate proceeding to which the state 23
is a party by the person bringing the action would interfere with or unduly delay the 24
prosecution of the action or proceeding, or would result in consideration of
repetitious or irrelevant evidence or evidence presented for purposes of harassment, 2
the court may limit the person's participation in the prosecution, such as:
1. Limiting the number of witnesses that the person may call.
2. Limiting the length of the testimony of the witnesses.
3. Limiting the cross-examination of witnesses by the person.
4. Otherwise limiting the participation by the person in the prosecution of the 7
action or proceeding.
(d) Upon showing by a defendant that unrestricted participation in the 9
prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to 10
which the state is a party by the person bringing the action would result in 11
harassment or would cause the defendant undue burden or unnecessary expense, the 12
court may limit the person's participation in the prosecution.
Except as provided in sub. (7), if the state elects not to participate in an 14
action filed under sub. (5), the person bringing the action may prosecute the action. 15
If the attorney general so requests, the attorney general shall, at the state's expense, 16
be served with copies of all pleadings and deposition transcripts in the action. If the 17
person bringing the action initiates prosecution of the action, the court, without 18
limiting the status and rights of that person, may permit the state to intervene at a 19
later date upon showing by the state of good cause for the proposed intervention.
Whether or not the state participates in an action under sub. (5), upon 21
showing in camera by the attorney general that discovery by the person bringing the 22
action would interfere with the state's ongoing investigation or prosecution of a 23
criminal or civil matter arising out of the same facts as the facts upon which the 24
action is based, the court may stay such discovery in whole or in part for a period of 25
not more than 60 days. The court may extend the period of any such stay upon
further showing in camera by the attorney general that the state has pursued the 2
criminal or civil investigation of the matter with reasonable diligence and the 3
proposed discovery in the action brought under sub. (5) will interfere with the 4
ongoing criminal or civil investigation or prosecution.
The attorney general may pursue a claim relating to an alleged violation 6
of sub. (2) through an alternate remedy available to the state or any state agency, 7
including an administrative proceeding to assess a civil forfeiture. If the attorney 8
general elects any such alternate remedy, the attorney general shall serve timely 9
notice of his or her election upon the person bringing the action under sub. (5), and 10
that person has the same rights in the alternate venue as the person would have had 11
if the action had continued under sub. (5). Any finding of fact or conclusion of law 12
made by a court or by a state agency in the alternate venue that has become final is 13
conclusive upon all parties named in an action under sub. (5). For purposes of this 14
subsection, a finding or conclusion is final if it has been finally determined on appeal, 15
if all time for filing an appeal or petition for review with respect to the finding or 16
conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(a) Except as provided in pars. (b) and (e), if the state proceeds with an 18
action brought by a person under sub. (5) or the state pursues an alternate remedy 19
relating to the same acts under sub. (10), the person who brings the action shall 20
receive at least 15 percent but not more than 25 percent of the proceeds of the action 21
or settlement of the claim, depending upon the extent to which the person 22
contributed to the prosecution of the action or claim.
(b) Except as provided in par. (e), if an action or claim is one in which the court 24
or other adjudicator finds to be based primarily upon disclosures of specific 25
information not provided by the person who brings an action under sub. (5) relating
to allegations or transactions specifically in a criminal, civil, or administrative 2
hearing, or in a legislative or administrative report, hearing, audit, or investigation, 3
or report made by the news media, the court or other adjudicator may award such 4
amount as it considers appropriate, but not more than 10 percent of the proceeds of 5
the action or settlement of the claim, depending upon the significance of the 6
information and the role of the person bringing the action in advancing the 7
prosecution of the action or claim.
(c) Except as provided in par. (e), in addition to any amount received under par. 9
(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her 10
reasonable expenses necessarily incurred in bringing the action together with the 11
person's costs and reasonable actual attorney fees. The court or other adjudicator 12
shall assess any award under this paragraph against the defendant.
(d) Except as provided in par. (e), if the state does not proceed with an action 14
or an alternate proceeding under sub. (10), the person bringing the action shall 15
receive an amount that the court decides is reasonable for collection of the civil 16
penalty and damages. The amount shall be not less than 25 percent and not more 17
than 30 percent of the proceeds of the action and shall be paid from the proceeds. In 18
addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
(e) Whether or not the state proceeds with the action or an alternate proceeding 20
under sub. (10), if the court or other adjudicator finds that an action under sub. (5) 21
was brought by a person who planned or initiated the violation upon which the action 22
or proceeding is based, then the court may, to the extent that the court considers 23
appropriate, reduce the share of the proceeds of the action that the person would 24
otherwise receive under par. (a), (b), or (d), taking into account the role of that person 25
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 2
is convicted of criminal conduct arising from his or her role in a violation of sub. (2), 3
the court or other adjudicator shall dismiss the person as a party and the person shall 4
not receive any share of the proceeds of the action or claim or any expenses, costs, and 5
fees under par. (c).
Except if the action is brought by the attorney general or the person 7
bringing the action is an original source of the information, the court shall dismiss 8
an action or claim under this section, unless opposed by the state, if substantially the 9
same allegations or transactions as alleged in the action or claim were publicly 10
disclosed in any of the following ways:
(a) In a federal criminal, civil, or administrative hearing in which the state or 12
its agent is a party.
(b) In a congressional, government accountability office, or other federal report, 14
hearing, audit, or investigation.
(c) From the news media.
The state is not liable for any expenses incurred by a private person in 17
bringing an action under sub. (5).
Any employee, contractor, or agent who is discharged, demoted, 19
suspended, threatened, harassed, or in any other manner discriminated against in 20
the terms and conditions of employment because of lawful actions taken by the 21
employee, contractor, agent, or by others in furtherance of an action or claim filed 22
under this section or on behalf of the employee, contractor, or agent, including 23
investigation for, initiation of, testimony for, or assistance in an action or claim filed 24
or to be filed under sub. (5) is entitled to all necessary relief to make the employee, 25
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 2
for the discrimination, 2 times the amount of back pay, interest on the back pay at 3
the legal rate, and compensation for any special damages sustained as a result of the 4
discrimination, including costs and reasonable attorney fees. An employee, 5
contractor, or agent may bring an action to obtain the relief to which the employee, 6
contractor, or agent is entitled under this subsection within 3 years after the date the 7
A civil action may be brought based upon acts occurring prior to the 9
effective date of this subsection .... [LRB inserts date], if the action is brought within 10
the period specified in s. 893.9815.
A judgment of guilty entered against a defendant in a criminal action in 12
which the defendant is charged with fraud or making false statements estops the 13
defendant from denying the essential elements of the offense in any action under sub. 14
(5) that involves the same elements as in the criminal action.
The remedies provided for under this section are in addition to any other 16
remedies provided for under any other law or available under the common law.
This section shall be liberally construed and applied to promote the public 18
interest and to effect the congressional intent in enacting 31 USC 3729
, as 19
reflected in the act and the legislative history of the act.
20.940 of the statutes is repealed.
23.09 (2) (d) (intro.) of the statutes is amended to read:
(d) Lands, acquisition.
(intro.) Acquire by purchase, lease or 23
agreement, and receive by gifts or devise, lands or waters suitable for the purposes 24
enumerated in this paragraph, and maintain such lands and waters for such 25
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 2
standing committees of each house of the legislature as determined by the presiding 3
23.0915 (2c) (d) of the statutes is amended to read:
(d) No moneys may be committed for expenditure from the 6
appropriation under s. 20.866 (2) (tz) after June 30, 2020 2022
23.0917 (3) (a) of the statutes is amended to read:
(a) Beginning with fiscal year 2000-01 and ending with fiscal year
, the department may obligate moneys under the subprogram for 10
land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and 11
grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), 12
(3m) (b), (7m), and (8) and 23.198 (1) (a).
23.0917 (3) (bm) of the statutes is amended to read:
(bm) During the period beginning with fiscal year 2001-02 and 15
ending with fiscal year 2019-20 2021-22
, in obligating money under the subprogram 16
for land acquisition, the department shall set aside not less than a total of $ 2,000,000 17
that may be obligated only to provide matching funds for grants awarded to the 18
department for the purchase of land or easements under 16 USC 2103c
23.0917 (3) (br) 2. of the statutes is amended to read:
(br) 2. For each fiscal year beginning with 2015-16 and ending with 212019-20 2021-22
23.0917 (3) (bt) 2. of the statutes is amended to read:
(bt) 2. For each fiscal year beginning with 2015-16 and ending with 24
fiscal year 2019-20 2021-22
23.0917 (3) (bw) of the statutes is amended to read:
(bw) In obligating moneys under the subprogram for land 2
acquisition, the department shall set aside $5,000,000 for each fiscal year beginning 3
with 2015-16 and ending with 2019-20 2021-22
to be obligated only to provide 4
grants to counties under s. 23.0953.
23.0917 (3) (dm) 7. of the statutes is amended to read:
(dm) 7. For each fiscal year beginning with 2015-16 and ending 7
with fiscal year 2019-20 2021-22
23.0917 (4) (a) of the statutes is amended to read:
(a) Beginning with fiscal year 2000-01 and ending with fiscal year
, the department may obligate moneys under the subprogram for 11
property development and local assistance. Moneys obligated under this 12
subprogram may be only used for nature-based outdoor recreation, except as 13
provided under par. (cm).
23.0917 (4) (d) 1m. e. of the statutes is amended to read:
(d) 1m. e. For each fiscal year beginning with 2015-16 and ending 16
with fiscal year 2019-20 2021-22
23.0917 (4) (d) 2r. of the statutes is amended to read:
(d) 2r. Beginning with fiscal year 2013-14 and ending with fiscal 19
year 2019-20 2021-22
, the department shall obligate $6,000,000 in each fiscal year 20
for local assistance.
23.0917 (4) (d) 3. a. and b. of the statutes are amended to read:
(d) 3. a. Beginning with fiscal year 2013-14 and ending with fiscal 23
year 2014-15, $7,000,000 in each fiscal year
b. Beginning with fiscal year 2015-16 and ending with fiscal year
, $3,750,000 in each fiscal year
23.0917 (4j) (b) of the statutes is amended to read:
(b) For fiscal year 2007-08, the department may not obligate more 3
than $1,500,000 for cost-sharing with local governmental units for recreational 4
boating projects under s. 30.92. For each fiscal year beginning with fiscal year 5
2008-09 and ending with fiscal year 2019-20
, the department may not 6
obligate more than $2,500,000 for cost-sharing with local governmental units for 7
recreational boating projects under s. 30.92.
23.0917 (5g) (a) of the statutes is amended to read:
(a) Except as provided in pars. (b), (c), (d), and (e), if for a given 10
fiscal year, the department obligates an amount from the moneys appropriated 11
under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the 12
annual bonding authority under that subprogram for that given fiscal year, the 13
department may not obligate the unobligated amount in subsequent fiscal years. 14
This subsection applies beginning with fiscal year 2011-12 and ending with fiscal 15
year 2019-20 2021-22
23.0917 (12) of the statutes is amended to read:
23.0917 (12) Expenditures after
No moneys may be obligated from 18
the appropriation under s. 20.866 (2) (ta) after June 30, 2020 2022
23.0953 (2) (a) (intro.) of the statutes is amended to read: