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AB652,9,10 6(12) Except if the action is brought by the attorney general or the person
7bringing the action is an original source of the information, the court shall dismiss
8an action or claim under this section, unless opposed by the state, if substantially the
9same allegations or transactions as alleged in the action or claim were publicly
10disclosed in any of the following ways:
AB652,9,1211 (a) In a federal criminal, civil, or administrative hearing in which the state or
12its agent is a party.
AB652,9,1413 (b) In a congressional, government accountability office, or other federal report,
14hearing, audit, or investigation.
AB652,9,1515 (c) From the news media.
AB652,9,17 16(13) The state is not liable for any expenses incurred by a private person in
17bringing an action under sub. (5).
AB652,9,25 18(14) Any employee, contractor, or agent who is discharged, demoted,
19suspended, threatened, harassed, or in any other manner discriminated against in
20the terms and conditions of employment because of lawful actions taken by the
21employee, contractor, agent, or by others in furtherance of an action or claim filed
22under this section or on behalf of the employee, contractor, or agent, including
23investigation for, initiation of, testimony for, or assistance in an action or claim filed
24or to be filed under sub. (5) is entitled to all necessary relief to make the employee,
25contractor, or agent whole. Such relief shall in each case include reinstatement with

1the same seniority status that the employee, contractor, or agent would have had but
2for the discrimination, 2 times the amount of back pay, interest on the back pay at
3the legal rate, and compensation for any special damages sustained as a result of the
4discrimination, including costs and reasonable attorney fees. An employee,
5contractor, or agent may bring an action to obtain the relief to which the employee,
6contractor, or agent is entitled under this subsection within 3 years after the date the
7retaliation occurred.
AB652,10,9 8(15) A civil action may be brought based upon acts occurring prior to October
927, 2007, if the action is brought within the period specified in s. 893.9815.
AB652,10,13 10(16) A judgment of guilty entered against a defendant in a criminal action in
11which the defendant is charged with fraud or making false statements estops the
12defendant from denying the essential elements of the offense in any action under sub.
13(5) that involves the same elements as in the criminal action.
AB652,10,15 14(17) The remedies provided for under this section are in addition to any other
15remedies provided for under any other law or available under the common law.
AB652,10,18 16(18) This section shall be liberally construed and applied to promote the public
17interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
18reflected in the act and the legislative history of the act.
AB652,2 19Section 2 . 49.485 of the statutes is renumbered 49.485 (2) and amended to
20read:
AB652,11,321 49.485 (2) Whoever knowingly presents or causes to be presented to any officer,
22employee, or agent of this state a false claim for medical assistance
Except as
23provided under s. 20.9315 (3), whoever commits an act in violation of s. 20.9315 (2)

24shall forfeit not less than $5,000 nor more than $10,000 an amount within the range
25specified under 31 USC 3729 (a)
, plus 3 times the amount of the damages that were

1sustained by the state or would have been sustained by the state, whichever is
2greater, as a result of the false claim. The attorney general may bring an action on
3behalf of the state to recover any forfeiture incurred under this section.
AB652,3 4Section 3 . 49.485 (1) of the statutes is created to read:
AB652,11,55 49.485 (1) In this section, “claim” has the meaning given in s. 20.9315.
AB652,4 6Section 4 . 165.25 (11m) of the statutes is created to read:
AB652,11,97 165.25 (11m) False claims. Diligently investigate possible violations of s.
820.9315 and, if the department determines that a person has committed an act that
9is punishable under s. 20.9315, may bring a civil action against that person.
AB652,5 10Section 5 . 801.02 (1) of the statutes is amended to read:
AB652,11,1511 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
12personal judgment is sought is commenced as to any defendant when a summons and
13a complaint naming the person as defendant are filed with the court, provided service
14of an authenticated copy of the summons and of the complaint is made upon the
15defendant under this chapter within 90 days after filing.
AB652,6 16Section 6 . 803.09 (1) of the statutes is amended to read:
AB652,11,2217 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone
18shall be permitted to intervene in an action when the movant claims an interest
19relating to the property or transaction which is the subject of the action and the
20movant is so situated that the disposition of the action may as a practical matter
21impair or impede the movant's ability to protect that interest, unless the movant's
22interest is adequately represented by existing parties.
AB652,7 23Section 7 . 803.09 (2) of the statutes is amended to read:
AB652,12,824 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone
25may be permitted to intervene in an action when a movant's claim or defense and the

1main action have a question of law or fact in common. When a party to an action
2relies for ground of claim or defense upon any statute or executive order or rule
3administered by a federal or state governmental officer or agency or upon any
4regulation, order, rule, requirement or agreement issued or made pursuant to the
5statute or executive order, the officer or agency upon timely motion may be permitted
6to intervene in the action. In exercising its discretion the court shall consider
7whether the intervention will unduly delay or prejudice the adjudication of the rights
8of the original parties.
AB652,8 9Section 8 . 804.01 (2) (intro.) of the statutes is amended to read:
AB652,12,1210 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315
11(9), and unless
otherwise limited by order of the court in accordance with the
12provisions of this chapter, the scope of discovery is as follows:
AB652,9 13Section 9 . 805.04 (1) of the statutes is amended to read:
AB652,12,2114 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an
15action may be dismissed by the plaintiff without order of court by serving and filing
16a notice of dismissal at any time before service by an adverse party of responsive
17pleading or motion or by the filing of a stipulation of dismissal signed by all parties
18who have appeared in the action. Unless otherwise stated in the notice of dismissal
19or stipulation, the dismissal is not on the merits, except that a notice of dismissal
20operates as an adjudication on the merits when filed by a plaintiff who has once
21dismissed in any court an action based on or including the same claim.
AB652,10 22Section 10 . 805.04 (2p) of the statutes is created to read:
AB652,13,223 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
24only by order of the court. In determining whether to dismiss the action filed under

1s. 20.9315, the court shall take into account the best interests of the parties and the
2purposes of s. 20.9315.
AB652,11 3Section 11 . 893.9815 of the statutes is created to read:
AB652,13,6 4893.9815 False claims. An action or claim under s. 20.9315 shall be
5commenced within 10 years after the cause of the action or claim accrues or be
6barred.
AB652,13,77 (End)
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