SB17-SSA1,3,1211
(d) Subject to sub. (2), one individual who is not a member of the legislature,
12nominated by the governor.
SB17-SSA1,3,1413
(e) Subject to sub. (2), one individual who is not a member of the legislature,
14nominated by the supreme court.
SB17-SSA1,3,16
15(2) Senate confirmation. The individuals nominated under sub. (1) (c) to (e)
16shall be appointed with the advice and consent of the senate.
SB17-SSA1,3,18
17(3) Term of office. (a) Each appointment under sub. (1) (c) to (e) shall be for
18a 4-year term and until a successor is appointed and qualified.
SB17-SSA1,3,2019
(b) Each individual appointed under sub. (1) (c) to (e) may not serve more than
202 full terms.
SB17-SSA1,4,221
(c) If an individual who is appointed under sub. (1) (c) to (e) fails to complete
22his or her term, the attorney general, governor, or supreme court, as appropriate,
23may nominate another individual for the remainder of the term. Those individuals
24shall be appointed with the advice and consent of the senate. If an individual
1appointed under this paragraph serves more than 50% of a 4-year term, that
2individual may only serve one additional 4-year term.
SB17-SSA1,4,5
3(4) Officers. The appointed majority party member of the senate and the
4appointed majority party member of the assembly shall serve as cochairs of the
5committee.
SB17-SSA1, s. 2
6Section
2. 20.455 (1) (gh) of the statutes is created to read:
SB17-SSA1,4,107
20.455
(1) (gh)
Investigation and prosecution. Ten percent of all moneys
8received under ss. 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b),
9292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., and 299.97 (2), for the expenses of
10investigation and prosecution of violations, including attorney fees.
SB17-SSA1,4,15
1225.60 Budget stabilization fund. There is created a separate nonlapsible
13trust fund designated as the budget stabilization fund, consisting of moneys
14transferred to the fund from the general fund under s. 16.518 (3)
and any other
15moneys that are required by law to be deposited in the fund.
SB17-SSA1,5,217
49.49
(6) Recovery. In addition to other remedies available under this section,
18the court may award the department of justice the reasonable and necessary costs
19of investigation, an amount reasonably necessary to remedy the harmful effects of
20the violation and the reasonable and necessary expenses of prosecution, including
21attorney fees, from any person who violates this section. The department of justice
22shall deposit in the state treasury for deposit in the general fund all moneys that the
23court awards to the department or the state under this subsection.
Ten percent of
24the money deposited in the general fund that was awarded under this subsection for
1the costs of investigation and the expenses of prosecution, including attorney fees,
2shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB17-SSA1,6,3
4133.16 Injunction; pleading; practice. Any circuit court may prevent or
5restrain, by injunction or otherwise, any violation of this chapter. The department
6of justice, any district attorney or any person by complaint may institute actions or
7proceedings to prevent or restrain a violation of this chapter, setting forth the cause
8and grounds for the intervention of the court and praying that such violation,
9whether intended or continuing be enjoined or prohibited. When the parties
10informed against or complained of have been served with a copy of the information
11or complaint and cited to answer it, the court shall proceed, as soon as may be in
12accordance with its rules, to the hearing and determination of the case; and pending
13the filing of the answer to such information or complaint may, at any time, upon
14proper notice, make such temporary restraining order or prohibition as is just.
15Whenever it appears to the court that the ends of justice require that other persons
16be made parties to the action or proceeding the court may cause them to be made
17parties in such manner as it directs. The party commencing or maintaining the
18action or proceeding may demand and recover the cost of suit including reasonable
19attorney fees. In an action commenced by the department of justice, the court may
20award the department of justice the reasonable and necessary costs of investigation
21and an amount reasonably necessary to remedy the harmful effects of the violation.
22The department of justice shall deposit in the state treasury for deposit in the general
23fund all moneys that the court awards to the department or the state under this
24section.
Ten percent of the money deposited in the general fund that was awarded
25under this section for the costs of investigation and the expenses of suit, including
1attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). 2Copies of all pleadings filed under this section shall be served on the department of
3justice.
SB17-SSA1,6,17
5165.28 Allocation of court judgments and settlements. (1) When the
6department of justice brings an action on behalf of the citizens of this state and wins
7a money judgment or settlement in that action of $100,000 or more and the court
8judgment or the settlement does not specify that payments be made from the award
9to particular persons, but does specify that payments be used for a particular purpose
10the attorney general shall issue a public statement requesting persons to apply to the
11joint committee on court judgments and settlements for a grant from the money
12judgment or settlement. The attorney general shall include in that statement the
13purpose specified by the court judgment or settlement for the use of the money. The
14statement shall include an application form that must be used to apply for a grant.
15The attorney general shall include that statement on the department of justice Web
16site and shall publish the statement as a class 1 notice, under ch. 985, in the official
17state newspaper designated under s. 985.04
SB17-SSA1,6,21
18(2) If the court judgement or settlement has not specified that payments be
19made from the money judgment or settlement under sub. (1) to particular persons
20or for a particular purpose, the money that the state receives shall be deposited in
21the budget stabilization fund.
SB17-SSA1,7,2
22(3) A person shall apply to the department of justice for a grant from the joint
23committee on court judgments and settlements within 60 days after the notice under
24sub. (1) is published. The department of justice shall process any applications and
1provide the joint committee on court judgments and settlements with the staff
2necessary to review and make a determination as to the merits of an application.
SB17-SSA1,7,11
3(4) Within 30 days after the deadline for submitting an application, the joint
4committee on court judgments and settlements shall meet in open session to consider
5the applications. The department of justice shall post the time and place of the joint
6committee on court judgments and settlements meeting on the department's Web
7site as soon as the meeting is scheduled. The legislature shall post the time and place
8of the joint committee on court judgments and settlements meeting on the
9legislature's Web site no less than 24 hours before the starting time of the meeting.
10Failure to post the notices as required under this subsection invalidates any action
11taken at that meeting.
SB17-SSA1,7,15
12(5) No public testimony may be presented at the joint committee on court
13judgments and settlements meeting. The joint committee on court judgments and
14settlements shall review the applications during the meeting and determine who is
15to receive an award and how much to award.
SB17-SSA1,8,4
16(6) The attorney general shall submit the joint committee on court judgments
17and settlements' determination of award winners under sub. (5) to the joint
18committee on finance for review. If the cochairpersons of the joint committee on
19finance do not notify the joint committee on court judgments and settlements that
20the joint committee on finance has scheduled a meeting for the purpose of reviewing
21the recommended awards within 14 working days after the date of the submittal by
22the joint committee on court judgments and settlements, the department of justice
23shall make the awards as determined by the joint committee on court judgments and
24settlements. If, within 14 working days after the date of the submittal by the joint
25committee on court judgments and settlements, the cochairpersons of the joint
1committee on finance notify the joint committee on court judgments and settlements
2that the joint committee on finance has scheduled a meeting for the purpose of
3reviewing the recommended awards, the department of justice may make the awards
4only with the approval of the joint committee on finance.
SB17-SSA1,8,13
5(7) If the joint committee on finance schedules a meeting to review an award,
6that committee may only vote for or against an award. The joint committee on
7finance may not amend the amount of an award. If the joint committee on finance
8disapproves an award, that committee shall return the proposal to the joint
9committee on court judgments and settlements within 30 days after disapproving
10the award, with an explanation of why the award was disapproved. The joint
11committee on court judgments and settlements may revise the award and submit the
12revised award to the joint committee on finance for its approval within 30 days after
13receipt of the disapproval.
SB17-SSA1,8,18
14(8) When making a decision regarding an award, the joint committee on
15finance may look only at whether the purpose for which the award is made is in
16accordance with the purpose established by the court judgment or settlement. The
17joint committee on finance may not look at the process by which the court reached
18its determination as to the judgment or settlement.
SB17-SSA1,8,20
19(9) If the joint committee on finance has a tie vote regarding an award, that
20award is approved and the department of justice shall make the award.
SB17-SSA1, s. 7
21Section
7. 281.98 (2) of the statutes is amended to read:
SB17-SSA1,9,522
281.98
(2) In addition to the penalties provided under sub. (1) or s. 281.99 (2),
23the court may award the department of justice the reasonable and necessary
24expenses of the investigation and prosecution of a violation of this chapter, including
25attorney fees. The department of justice shall deposit in the state treasury for
1deposit into the general fund all moneys that the court awards to the department or
2the state under this subsection.
Ten percent of the money deposited in the general
3fund that was awarded under this subsection for the costs of investigation and the
4expenses of prosecution, including attorney fees, shall be credited to the
5appropriation account under s. 20.455 (1) (gh).
SB17-SSA1,9,167
283.91
(5) In addition to all other civil and criminal penalties prescribed under
8this chapter, the court may assess as an additional penalty a portion or all of the costs
9of the investigation, including monitoring, which led to the establishment of the
10violation. The court may award the department of justice the reasonable and
11necessary expenses of the prosecution, including attorney fees. The department of
12justice shall deposit in the state treasury for deposit into the general fund all moneys
13that the court awards to the department or the state under this subsection.
Ten
14percent of the money deposited in the general fund that was awarded under this
15subsection for the costs of investigation and the expenses of prosecution, including
16attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB17-SSA1, s. 9
17Section
9. 289.96 (3) (b) of the statutes is amended to read:
SB17-SSA1,9,2418
289.96
(3) (b) In addition to the penalties provided under par. (a), the court may
19award the department of justice the reasonable and necessary expenses of the
20investigation and prosecution of the violation, including attorney fees. The
21department of justice shall deposit in the state treasury for deposit into the general
22fund all moneys that the court awards to the department or the state under this
23paragraph.
Ten percent of the money deposited in the general fund that was awarded
24under this paragraph for the costs of investigation and the expenses of prosecution,
1including attorney fees, shall be credited to the appropriation account under s.
220.455 (1) (gh).
SB17-SSA1,10,124
292.99
(2) In addition to the penalties provided under subs. (1) and (1m), the
5court may award the department of justice the reasonable and necessary expenses
6of the investigation and prosecution of the violation, including attorney fees. The
7department of justice shall deposit in the state treasury for deposit into the general
8fund all moneys that the court awards to the department or the state under this
9subsection.
Ten percent of the money deposited in the general fund that was awarded
10under this subsection for the costs of investigation and the expenses of prosecution,
11including attorney fees, shall be credited to the appropriation account under s.
1220.455 (1) (gh).
SB17-SSA1, s. 11
13Section
11. 293.87 (4) (b) of the statutes is amended to read:
SB17-SSA1,10,2214
293.87
(4) (b) In addition to the penalties provided under par. (a), the court may
15award the department of justice the reasonable and necessary expenses of the
16investigation and prosecution of the violation, including attorney fees. The
17department of justice shall deposit in the state treasury for deposit into the general
18fund all moneys that the court awards to the department or the state under this
19paragraph.
Ten percent of the money deposited in the general fund that was awarded
20under this paragraph for the costs of investigation and the expenses of prosecution,
21including attorney fees, shall be credited to the appropriation account under s.
2220.455 (1) (gh).
SB17-SSA1, s. 12
23Section
12. 295.19 (3) (b) 2. of the statutes is amended to read:
SB17-SSA1,11,724
295.19
(3) (b) 2. In addition to the penalties provided under subd. 1., the court
25may award the department of justice the reasonable and necessary expenses of the
1investigation and prosecution of the violation, including attorney fees. The
2department of justice shall deposit in the state treasury for deposit into the general
3fund all moneys that the court awards to the department or the state under this
4subdivision.
Ten percent of the money deposited in the general fund that was
5awarded under this subdivision for the costs of investigation and the expenses of
6prosecution, including attorney fees, shall be credited to the appropriation account
7under s. 20.455 (1) (gh).
SB17-SSA1,11,179
299.97
(2) In addition to the penalties provided under sub. (1), the court may
10award the department of justice the reasonable and necessary expenses of the
11investigation and prosecution of the violation, including attorney fees. The
12department of justice shall deposit in the state treasury for deposit into the general
13fund all moneys that the court awards to the department or the state under this
14subsection.
Ten percent of the money deposited in the general fund that was awarded
15under this subsection for the costs of investigation and the expenses of prosecution,
16including attorney fees, shall be credited to the appropriation account under s.
1720.455 (1) (gh).