SB572,6,2423 1. Proceed with the action or an alternate remedy under sub. (10), in which case
24the state shall prosecute the action or proceeding under sub. (10).

SB572,7,2

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12. Notify the court that he or she declines to proceed with the action, in which
2case the action may not proceed.

SB572,7,53 (e) If a person brings a valid action under this subsection, no person other than
4the state may intervene or bring a related action while the original action is pending
5based upon the same facts underlying the pending action.

SB572,7,86 (f) In any action or other proceeding under sub. (10) brought under this
7subsection, all essential elements of the cause of action or complaint, including
8damages, must be proven by a preponderance of the evidence.

SB572,7,13 9(6) If the state proceeds with an action under sub. (5) or an alternate remedy
10under sub. (10), the state has primary responsibility for prosecuting the action or
11proceeding under sub. (10). The state is not bound by any act of the person bringing
12the action, but that person has the right to continue as a party to the action, subject
13to the limitations under sub. (7).

SB572,7,19 14(7) (a) The state may move to dismiss an action under sub. (5) or an
15administrative proceeding under sub. (10) to which the state is a party for good cause
16shown, notwithstanding objection of the person bringing the action, if that person is
17served with a copy of the state's motion and is provided with an opportunity to oppose
18the motion before the court or the administrative agency before which the proceeding
19is conducted.

SB572,8,220 (b) With the approval of the governor, the attorney general may compromise
21and settle an action under sub. (5) or an administrative proceeding under sub. (10)
22to which the state is a party, notwithstanding objection of the person bringing the
23action, if the court determines, after affording to the person bringing the action the
24right to a hearing at which the person has the opportunity to present evidence in

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1opposition to the proposed settlement, that the proposed settlement is fair, adequate,
2and reasonable considering the relevant circumstances pertaining to the violation.

SB572,8,93 (c) Upon a showing by the state that unrestricted participation in the
4prosecution of an action under sub. (5) or an alternate proceeding to which the state
5is a party by the person bringing the action would interfere with or unduly delay the
6prosecution of the action or proceeding, or would result in consideration of
7repetitious or irrelevant evidence or evidence presented for purposes of harassment,
8the court may limit the person's participation in the prosecution in any of the
9following ways:

SB572,8,1010 1. Limiting the number of witnesses that the person may call.

SB572,8,1111 2. Limiting the length of the testimony of the witnesses.

SB572,8,1212 3. Limiting the cross-examination of witnesses by the person.

SB572,8,1413 4. Otherwise limiting the participation by the person in the prosecution of the
14action or proceeding.

SB572,8,1915 (d) Upon showing by a defendant that unrestricted participation in the
16prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
17which the state is a party by the person bringing the action would result in
18harassment or would cause the defendant undue burden or unnecessary expense, the
19court may limit the person's participation in the prosecution.

SB572,9,3 20(9) Upon showing in camera by the attorney general that discovery by the
21person bringing the action would interfere with the state's ongoing investigation or
22prosecution of a criminal or civil matter arising out of the same facts as the facts upon
23which the action is based, the court may stay the discovery in whole or in part for not
24more than 60 days. The court may extend the stay upon further showing in camera
25by the attorney general that the state has pursued the criminal or civil investigation

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1of the matter with reasonable diligence and the proposed discovery in the action
2brought under sub. (5) will interfere with the ongoing criminal or civil investigation
3or prosecution.

SB572,9,15 4(10) The attorney general may pursue a claim relating to an alleged violation
5of sub. (2) through an alternate remedy available to the state or any state agency,
6including an administrative proceeding to assess a civil forfeiture. If the attorney
7general elects an alternate remedy, the attorney general shall serve timely notice of
8his or her election upon the person bringing the action under sub. (5), and that person
9has the same rights in the alternate venue as the person would have had if the action
10had continued under sub. (5). Any finding of fact or conclusion of law made by a court
11or by a state agency in the alternate venue that has become final is conclusive upon
12all parties named in an action under sub. (5). For purposes of this subsection, a
13finding or conclusion is final if it has been finally determined on appeal, if all time
14for filing an appeal or petition for review with respect to the finding or conclusion has
15expired, or if the finding or conclusion is not subject to judicial review.

SB572,9,21 16(11) (a) Except as provided in pars. (b) and (d), if the state proceeds with an
17action brought by a person under sub. (5) or the state pursues an alternate remedy
18relating to the same acts under sub. (10), the person who brings the action shall
19receive at least 15 percent but not more than 25 percent of the proceeds of the action
20or settlement of the claim, depending upon the extent to which the person
21contributed to the prosecution of the action or claim.

SB572,9,2522 (b) Except as provided in par. (d), if an action or claim is one in which the court
23or other adjudicator finds to be based primarily upon disclosures of specific
24information not provided by the person who brings an action under sub. (5) relating
25to allegations or transactions specifically in a criminal, civil, or administrative

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1hearing; in a legislative or administrative report, hearing, audit, or investigation; or
2in a report made by the news media, the court or other adjudicator may award an
3amount that it considers appropriate but that is not more than 10 percent of the
4proceeds of the action or settlement of the claim, depending upon the significance of
5the information and the role of the person bringing the action in advancing the
6prosecution of the action or claim.

SB572,10,117 (c) Except as provided in par. (d), in addition to any amount received under par.
8(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
9reasonable expenses necessarily incurred in bringing the action together with the
10person's costs and reasonable actual attorney fees. The court or other adjudicator
11shall assess any award under this paragraph against the defendant.

SB572,10,2312 (d) Whether the state proceeds with the action or an alternate proceeding under
13sub. (10), if the court or other adjudicator finds that the person who brought an action
14under sub. (5) also planned or initiated the violation upon which the action or
15proceeding is based, then the court may, to the extent that the court considers
16appropriate, reduce the share of the proceeds of the action that the person would
17otherwise receive under par. (a) or (b), taking into account the role of that person in
18advancing the prosecution of the action or claim and any other relevant circumstance
19pertaining to the violation, except that if the person bringing the action is convicted
20of criminal conduct arising from his or her role in a violation of sub. (2), the court or
21other adjudicator shall dismiss the person as a party and the person shall not receive
22any share of the proceeds of the action or claim or any expenses, costs, or fees under
23par. (c).

SB572,10,25 24(12) (a) No court has jurisdiction over an action brought by a private person
25under sub. (5) if any of the following applies:

SB572,11,2

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11. The action is against a state public official and is based upon information
2known to the attorney general at the time that the action is brought.

SB572,11,83 2. The action is based on public disclosure of allegations or transactions in a
4criminal action; in a legislative, administrative, or other governmental report,
5hearing, audit, or investigation; or from news media, unless the private person has
6direct and independent knowledge of the information on which the allegations or
7transactions are based and has voluntarily provided the knowledge to the attorney
8general under sub. (5) (b).

SB572,11,129 (b) No person may bring an action under sub. (5) that is based upon allegations
10or transactions that are the subject of a civil action or an administrative proceeding
11to assess a civil forfeiture in which the state is a party if that action or proceeding
12was commenced prior to the date that the action is filed.

SB572,11,14 13(13) The state is not liable for any expenses incurred by a private person in
14bringing an action under sub. (5).

SB572,12,2 15(14) Any employee who is discharged, demoted, suspended, threatened,
16harassed, or in any other manner discriminated against by his or her employer
17because of lawful actions taken by the employee, on behalf of the employee, or by
18others in furtherance of an action or claim filed under this section, including
19investigation for, initiation of, testimony for, or assistance in an action or claim filed
20or to be filed under sub. (5) is entitled to all necessary relief to make the employee
21whole. The relief shall in each case include reinstatement with the same seniority
22status that the employee would have had but for the discrimination, 2 times the
23amount of back pay, interest on the back pay at the legal rate, and compensation for
24any special damages sustained as a result of the discrimination, including costs and

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1reasonable actual attorney fees. An employee may bring an action to obtain the relief
2to which the employee is entitled under this subsection.

SB572,12,5 3(15) A civil action may be brought based upon acts occurring prior to the
4effective date of this subsection .... [LRB inserts date], if the action is brought within
5the period specified in s. 893.981.

SB572,12,9 6(16) A judgment of guilty entered against a defendant in a criminal action in
7which the defendant is charged with fraud or making false statements estops the
8defendant from denying the essential elements of the offense in any action under sub.
9(5) that involves the same elements as in the criminal action.

SB572,12,11 10(17) The remedies provided for under this section are in addition to any other
11remedies provided for under any other law or available under the common law.

SB572,12,14 12(18) This section shall be liberally construed and applied to promote the public
13interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
14reflected in the act and the legislative history of the act.

SB572,12,2416 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
1716, except s. 16.753, employ special legal or investment counsel in any matters
18arising out of the scope of its investment authority. Section Sections 16.753 does,
1916.771, 16.871, and 20.932 do not apply to the employment of legal or investment
20counsel for the purpose of assisting the board with investments or arising out of the
21scope of the board's investment authority. The employment of special legal counsel
22shall be with the advice and consent of the attorney general whenever such special
23counsel is to be compensated by the board. Any expense of counsel so employed shall
24be borne by the fund for which the services shall be furnished.

SB572,13,10

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125.18 (1) (f) Maintain and repair any building or other structure or premises
2which it owns in fee or in which it owns the beneficial interest and, notwithstanding
3all provisions of subch. IV or V of ch. 16, except s. 16.753, it shall have exclusive
4authority to make such agreements and enter into such contracts as it deems
5necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932
6do not apply to agreements and contracts entered into by the board for the purpose
7of assisting the board with investments or arising out of the scope of the board's
8investment authority. All noncapital costs under this paragraph shall be charged to
9the current income accounts of the funds having an interest in the building, structure
10or premises.

SB572,13,2012 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
13except s. 16.753, employ professionals, contractors or other agents necessary to
14evaluate or operate any property if a fund managed by the board has an interest in,
15or is considering purchasing or lending money based upon the value of, that property.
16Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the
17employment of any person for the purpose of assisting the board with investments
18or arising out of the scope of the board's investment authority. Costs under this
19paragraph shall be paid by the fund and charged to the appropriate account under
20s. 40.04 (3).

SB572,13,22 2266.0902 False claims. (1) Definitions. In this section:

SB572,13,2323 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

SB572,14,224 (b) "Public contract" means a contract that is subject to s. 66.0903 and that is
25for the construction, execution, repair, remodeling, or improvement of a public work

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1or building or for the furnishing of supplies, equipment, material, or professional or
2contractual services of any kind.

SB572,14,8 3(2) Presentation of false claims. Whoever knowingly presents or causes to
4be presented a false claim for payment under any public contract with a local
5governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
6times the amount of the damages that were sustained by the local governmental unit
7or would have been sustained by the local governmental unit, whichever is greater,
8as a result of the false claim.

SB572,14,2210 84.01 (13) Engineering services. The department may engage such
11engineering, consulting, surveying, or other specialized services as it deems
12advisable. Any engagement of services under this subsection is exempt from ss.
1316.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and
1416.754 apply to such engagement. Section 20.932 does not apply to any engagement
15of services under this subsection. Any engagement involving an expenditure of
16$3,000 or more shall be by formal contract approved by the governor. The department
17shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each
18proposed engagement under this subsection that involves an estimated expenditure
19of more than $25,000 in accordance with standards prescribed by rule of the
20department. The department shall review periodically, and before any renewal, the
21continued appropriateness of contracting pursuant to each engagement under this
22subsection that involves an estimated expenditure of more than $25,000.

SB572,15,1024 84.01 (31) Accommodation of utility facilities within highway rights-of-way.
25Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon

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1finding that it is feasible and advantageous to the state, negotiate and enter into an
2agreement to accept any plant or equipment used for the conveyance, by wire, optics,
3radio signal, or other means, of voice, data, or other information at any frequency
4over any part of the electromagnetic spectrum, or to accept any services associated
5with the collection, storage, forwarding, switching, and delivery incidental to such
6communication, as payment for the accommodation of a utility facility, as defined in
7s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this
8subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
9ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not
10apply to any agreement under this subsection.

SB572,16,612 84.06 (2) (a) All such highway improvements shall be executed by contract
13based on bids unless the department finds that another method as provided in sub.
14(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
15the manner determined by the department. Except as provided in s. 84.075, the
16contract shall be awarded to the lowest competent and responsible bidder as
17determined by the department. If the bid of the lowest competent bidder is
18determined by the department to be in excess of the estimated reasonable value of
19the work or not in the public interest, all bids may be rejected. The department shall,
20so far as reasonable, follow uniform methods of advertising for bids and may
21prescribe and require uniform forms of bids and contracts. Except as provided in par.
22(b), the secretary shall enter into the contract on behalf of the state. Every such
23contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
24ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Section 20.932 does not
25apply to the contract. Any such contract involving an expenditure of $1,000 or more

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1shall not be valid until approved by the governor. The secretary may require the
2attorney general to examine any contract and any bond submitted in connection with
3the contract and report on its sufficiency of form and execution. The bond required
4by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to
5approval by the secretary. This subsection also applies to contracts with private
6contractors based on bids for maintenance under s. 84.07.

SB572,16,258 84.06 (3) Contracts with county or municipality; direct labor; materials. If
9the department finds that it would be more feasible and advantageous to have the
10improvement performed by the county in which the proposed improvement is located
11and without bids, the department may, by arrangement with the county highway
12committee of the county, enter into a contract satisfactory to the department to have
13the work done by the county forces and equipment. In such contract the department
14may authorize the county to purchase, deliver, and store materials and may fix the
15rental rates of small tools and equipment. The contract shall be between the county
16and the state and shall not be based on bids, and may be entered into on behalf of the
17county by the county highway committee and on behalf of the state by the secretary.
18Section 20.932 does not apply to the contract. Such contract is exempted from s.
19779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If
20the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not
21be valid until approved by the governor. The provisions of this subsection relating
22to agreements between a county and the state shall also authorize and apply to such
23arrangements between a city, town, or a village and the state. In such cases, the
24governing body of the city, town, or village shall enter into the agreement on behalf
25of the municipality.

SB572,17,202 84.06 (4) Special contracts with railroads and utilities. If an improvement
3undertaken by the department will cross or affect the property or facilities of a
4railroad or public utility company, the department may, upon finding that it is
5feasible and advantageous to the state, arrange to perform portions of the
6improvement work affecting such facilities or property or perform work of altering,
7rearranging, or relocating such facilities by contract with the railroad or public
8utility. Such contract shall be between the railroad company or public utility and the
9state and need not be based on bids. The contract may be entered into on behalf of
10the state by the secretary. Section 20.932 does not apply to the contract. Every such
11contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except
12ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated
13debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As
14used in this subsection, "public utility" means the same as in s. 196.01 (5), and
15includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad"
16means the same as in s. 195.02. "Property" as used in this subsection includes but
17is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations,
18pole lines, plants, substations, and other facilities. Nothing in this subsection shall
19be construed to relieve any railroad or public utility from any financial obligation,
20expense, duty, or responsibility otherwise provided by law relative to such property.

SB572,18,2 2285.015 Transportation assistance contracts. All contracts entered into
23under this chapter to provide financial assistance in the areas of railroads, urban
24mass transit, specialized transportation, and harbors are subject to ss. 16.528,
2516.752, and 16.753 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to

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116.87, and 16.875 to 16.89. Section 20.932 does not apply to contracts specified in
2this section.

SB572,18,164 102.81 (2) The department may retain an insurance carrier or insurance
5service organization to process, investigate and pay claims under this section and
6may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
7do business in this state in an amount that the secretary determines is necessary for
8the sound operation of the uninsured employers fund. In cases involving disputed
9claims, the department may retain an attorney to represent the interests of the
10uninsured employers fund and to make appearances on behalf of the uninsured
11employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
12provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
13attorney hired under this subsection. The charges for the services retained under
14this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
15of any reinsurance obtained under this subsection shall be paid from the
16appropriation under s. 20.445 (1) (sm).

SB572,19,2 18165.08 Power to compromise. Any civil action prosecuted by the
19department by direction of any officer, department, board or commission, shall be
20compromised or discontinued when so directed by such officer, department, board or
21commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
22action prosecuted by the department on the initiative of the attorney general, or at
23the request of any individual may be compromised or discontinued with the approval
24of the governor. In any criminal action prosecuted by the attorney general, the

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1department shall have the same powers with reference to such action as are vested
2in district attorneys.

SB572,19,74 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
5or 20.932, and, if the department determines that a person has committed an act that
6is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
7a civil action against that person.

SB572,19,159 221.0903 (4) (b) Contracts for examination services. The division may enter
10into contracts with any bank supervisory agency with concurrent jurisdiction over
11a state bank or an in-state branch of an out-of-state state bank to engage the
12services of the agency's examiners at a reasonable rate of compensation, or to provide
13the services of the division's examiners to the agency at a reasonable rate of
14compensation. Contracts entered into under this paragraph are exempt from ss.
1516.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.

SB572,19,2117 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
18action in which a personal judgment is sought is commenced as to any defendant
19when a summons and a complaint naming the person as defendant are filed with the
20court, provided service of an authenticated copy of the summons and of the complaint
21is made upon the defendant under this chapter within 90 days after filing.

SB572,20,323 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
24anyone shall be permitted to intervene in an action when the movant claims an
25interest relating to the property or transaction which is the subject of the action and

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1the movant is so situated that the disposition of the action may as a practical matter
2impair or impede the movant's ability to protect that interest, unless the movant's
3interest is adequately represented by existing parties.

SB572,20,13 4(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
5may be permitted to intervene in an action when a movant's claim or defense and the
6main action have a question of law or fact in common. When a party to an action
7relies for ground of claim or defense upon any statute or executive order or rule
8administered by a federal or state governmental officer or agency or upon any
9regulation, order, rule, requirement or agreement issued or made pursuant to the
10statute or executive order, the officer or agency upon timely motion may be permitted
11to intervene in the action. In exercising its discretion the court shall consider
12whether the intervention will unduly delay or prejudice the adjudication of the rights
13of the original parties.

SB572,20,1715 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
16and 20.932 (9), and unless otherwise limited by order of the court in accordance with
17the provisions of this chapter, the scope of discovery is as follows:

SB572,20,2219 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
20dismissed only by order of the court. In determining whether to dismiss the action
21filed under s. 20.931 or 20.932, the court shall take into account the best interests
22of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.

SB572,21,2 24893.981 False claims. An action or claim under s. 20.931 shall be commenced
25within 10 years after the cause of the action or claim accrues or be barred. An action

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1or claim under s. 20.932 shall be commenced within 3 years after the cause of the
2action or claim accrues or be barred.