SB40-SSA1,416,75 (e) If a person brings a valid action under this subsection, no person other than
6the state may intervene or bring a related action while the original action is pending
7based upon the same facts underlying the pending action.
SB40-SSA1,416,108 (f) In any action or other proceeding under sub. (10) brought under this
9subsection, the plaintiff is required to prove all essential elements of the cause of
10action or complaint, including damages, by a preponderance of the evidence.
SB40-SSA1,416,15 11(6) If the state proceeds with an action under sub. (5) or an alternate remedy
12under sub. (10), the state has primary responsibility for prosecuting the action or
13proceeding under sub. (10). The state is not bound by any act of the person bringing
14the action, but that person has the right to continue as a party to the action, subject
15to the limitations under sub. (7).
SB40-SSA1,416,21 16(7) (a) The state may move to dismiss an action under sub. (5) or an
17administrative proceeding under sub. (10) to which the state is a party for good cause
18shown, notwithstanding objection of the person bringing the action, if that person is
19served with a copy of the state's motion and is provided with an opportunity to oppose
20the motion before the court or the administrative agency before which the proceeding
21is conducted.
SB40-SSA1,417,422 (b) With the approval of the governor, the attorney general may compromise
23and settle an action under sub. (5) or an administrative proceeding under sub. (10)
24to which the state is a party, notwithstanding objection of the person bringing the
25action, if the court determines, after affording to the person bringing the action the

1right to a hearing at which the person is afforded the opportunity to present evidence
2in opposition to the proposed settlement, that the proposed settlement is fair,
3adequate, and reasonable considering the relevant circumstances pertaining to the
4violation.
SB40-SSA1,417,105 (c) Upon a showing by the state that unrestricted participation in the
6prosecution of an action under sub. (5) or an alternate proceeding to which the state
7is a party by the person bringing the action would interfere with or unduly delay the
8prosecution of the action or proceeding, or would result in consideration of
9repetitious or irrelevant evidence or evidence presented for purposes of harassment,
10the court may limit the person's participation in the prosecution, such as:
SB40-SSA1,417,1111 1. Limiting the number of witnesses that the person may call.
SB40-SSA1,417,1212 2. Limiting the length of the testimony of the witnesses.
SB40-SSA1,417,1313 3. Limiting the cross-examination of witnesses by the person.
SB40-SSA1,417,1514 4. Otherwise limiting the participation by the person in the prosecution of the
15action or proceeding.
SB40-SSA1,417,2016 (d) Upon showing by a defendant that unrestricted participation in the
17prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
18which the state is a party by the person bringing the action would result in
19harassment or would cause the defendant undue burden or unnecessary expense, the
20court may limit the person's participation in the prosecution.
SB40-SSA1,418,2 21(8) Except as provided in sub. (7), if the state elects not to participate in an
22action filed under sub. (5), the person bringing the action may prosecute the action.
23If the attorney general so requests, the attorney general shall, at the state's expense,
24be served with copies of all pleadings and deposition transcripts in the action. If the
25person bringing the action initiates prosecution of the action, the court, without

1limiting the status and rights of that person, may permit the state to intervene at a
2later date upon showing by the state of good cause for the proposed intervention.
SB40-SSA1,418,12 3(9) Whether or not the state participates in an action under sub. (5), upon
4showing in camera by the attorney general that discovery by the person bringing the
5action would interfere with the state's ongoing investigation or prosecution of a
6criminal or civil matter arising out of the same facts as the facts upon which the
7action is based, the court may stay such discovery in whole or in part for a period of
8not more than 60 days. The court may extend the period of any such stay upon
9further showing in camera by the attorney general that the state has pursued the
10criminal or civil investigation of the matter with reasonable diligence and the
11proposed discovery in the action brought under sub. (5) will interfere with the
12ongoing criminal or civil investigation or prosecution.
SB40-SSA1,418,24 13(10) The attorney general may pursue a claim relating to an alleged violation
14of sub. (2) through an alternate remedy available to the state or any state agency,
15including an administrative proceeding to assess a civil forfeiture. If the attorney
16general elects any such alternate remedy, the attorney general shall serve timely
17notice of his or her election upon the person bringing the action under sub. (5), and
18that person has the same rights in the alternate venue as the person would have had
19if the action had continued under sub. (5). Any finding of fact or conclusion of law
20made by a court or by a state agency in the alternate venue that has become final is
21conclusive upon all parties named in an action under sub. (5). For purposes of this
22subsection, a finding or conclusion is final if it has been finally determined on appeal,
23if all time for filing an appeal or petition for review with respect to the finding or
24conclusion has expired, or if the finding or conclusion is not subject to judicial review.
SB40-SSA1,419,6
1(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
2action brought by a person under sub. (5) or the state pursues an alternate remedy
3relating to the same acts under sub. (10), the person who brings the action shall
4receive at least 15 percent but not more than 25 percent of the proceeds of the action
5or settlement of the claim, depending upon the extent to which the person
6contributed to the prosecution of the action or claim.
SB40-SSA1,419,167 (b) Except as provided in par. (e), if an action or claim is one in which the court
8or other adjudicator finds to be based primarily upon disclosures of specific
9information not provided by the person who brings an action under sub. (5) relating
10to allegations or transactions specifically in a criminal, civil, or administrative
11hearing, or in a legislative or administrative report, hearing, audit, or investigation,
12or report made by the news media, the court or other adjudicator may award such
13amount as it considers appropriate, but not more than 10 percent of the proceeds of
14the action or settlement of the claim, depending upon the significance of the
15information and the role of the person bringing the action in advancing the
16prosecution of the action or claim.
SB40-SSA1,419,2117 (c) Except as provided in par. (e), in addition to any amount received under par.
18(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
19reasonable expenses necessarily incurred in bringing the action together with the
20person's costs and reasonable actual attorney fees. The court or other adjudicator
21shall assess any award under this paragraph against the defendant.
SB40-SSA1,420,222 (d) Except as provided in par. (e), if the state does not proceed with an action
23or an alternate proceeding under sub. (10), the person bringing the action shall
24receive an amount that the court decides is reasonable for collection of the civil
25penalty and damages. The amount shall be not less than 25 percent and not more

1than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
2addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB40-SSA1,420,143 (e) Whether or not the state proceeds with the action or an alternate proceeding
4under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
5was brought by a person who planned or initiated the violation upon which the action
6or proceeding is based, then the court may, to the extent that the court considers
7appropriate, reduce the share of the proceeds of the action that the person would
8otherwise receive under par. (a), (b), or (d), taking into account the role of that person
9in advancing the prosecution of the action or claim and any other relevant
10circumstance pertaining to the violation, except that if the person bringing the action
11is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
12the court or other adjudicator shall dismiss the person as a party and the person shall
13not receive any share of the proceeds of the action or claim or any expenses, costs, and
14fees under par. (c).
SB40-SSA1,420,17 15(12) (a) No court has jurisdiction over an action brought by a private person
16under sub. (5) against a state public official if the action is based upon information
17known to the attorney general at the time that the action is brought.
SB40-SSA1,420,2118 (b) No person may bring an action under sub. (5) that is based upon allegations
19or transactions that are the subject of a civil action or an administrative proceeding
20to assess a civil forfeiture in which the state is a party if that action or proceeding
21was commenced prior to the date that the action is filed.
SB40-SSA1,420,23 22(13) The state is not liable for any expenses incurred by a private person in
23bringing an action under sub. (5).
SB40-SSA1,421,10 24(14) Any employee who is discharged, demoted, suspended, threatened,
25harassed, or in any other manner discriminated against by his or her employer

1because of lawful actions taken by the employee, on behalf of the employee, or by
2others in furtherance of an action or claim filed under this section, including
3investigation for, initiation of, testimony for, or assistance in an action or claim filed
4or to be filed under sub. (5) is entitled to all necessary relief to make the employee
5whole. Such relief shall in each case include reinstatement with the same seniority
6status that the employee would have had but for the discrimination, 2 times the
7amount of back pay, interest on the back pay at the legal rate, and compensation for
8any special damages sustained as a result of the discrimination, including costs and
9reasonable actual attorney fees. An employee may bring an action to obtain the relief
10to which the employee is entitled under this subsection.
SB40-SSA1,421,13 11(15) A civil action may be brought based upon acts occurring prior to the
12effective date of this subsection .... [revisor inserts date], if the action is brought
13within the period specified in s. 893.981.
SB40-SSA1,421,17 14(16) A judgment of guilty entered against a defendant in a criminal action in
15which the defendant is charged with fraud or making false statements estops the
16defendant from denying the essential elements of the offense in any action under sub.
17(5) that involves the same elements as in the criminal action.
SB40-SSA1,421,19 18(17) The remedies provided for under this section are in addition to any other
19remedies provided for under any other law or available under the common law.
SB40-SSA1,421,22 20(18) This section shall be liberally construed and applied to promote the public
21interest and to effect the congressional intent in enacting 31 USC 3279 to 3733, as
22reflected in the act and the legislative history of the act.
SB40-SSA1, s. 635m 23Section 635m. 21.37 of the statutes is amended to read:
SB40-SSA1,422,3 2421.37 The Wisconsin code of military justice. The Wisconsin code of
25military justice as created by chapter 20, laws of 1969, shall govern the conduct of

1all members of the national guard and any other military force organized under the
2laws of this state. The revisor of statutes legislative reference bureau shall not print
3the Wisconsin code of military justice in the statutes.
SB40-SSA1, s. 636 4Section 636. 23.09 (19) (d) of the statutes is amended to read:
SB40-SSA1,422,85 23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this
6subsection shall be for up to 50% of the acquisition costs of the land or the rights in
7land for the urban green space. The governmental unit is responsible for the
8remainder of the acquisition costs.
SB40-SSA1, s. 637 9Section 637. 23.09 (20) (b) of the statutes is amended to read:
SB40-SSA1,422,2010 23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this
11subsection is limited to no more than 50% of the acquisition costs and the
12development costs of recreation lands and other outdoor recreation facilities. Costs
13associated with operation and maintenance of parks and other outdoor recreational
14facilities established under this subsection are not eligible for state aid.
15Administrative costs of acquiring lands or land rights are not included in the
16acquisition costs eligible for state aid under this subsection. Title to lands or rights
17in lands acquired by a municipality under this subsection shall vest in the
18municipality, but such land shall not be converted to uses inconsistent with this
19subsection without prior approval of the state and proceeds from the sale or other
20disposal of such lands shall be used to promote the objectives of this subsection.
SB40-SSA1, s. 638 21Section 638. 23.09 (20m) (b) of the statutes is amended to read:
SB40-SSA1,423,222 23.09 (20m) (b) The department shall establish a program to award grants
23from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
24conservation organizations to acquire development rights in land for nature-based

1outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited
2to no more than 50% of the acquisition costs of the development rights.
SB40-SSA1, s. 638m 3Section 638m. 23.0912 of the statutes is created to read:
SB40-SSA1,423,7 423.0912 Contracts for land management; reports. (1) The department
5may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1),
6and with private companies to perform land management activities on department
7land, as defined in s. 23.0917 (1) (c).
SB40-SSA1,423,15 8(2) The department shall prepare, for the joint committee on finance, an annual
9report concerning any contracts into which the department enters under sub. (1)
10during each fiscal year. For each contract entered, the report shall include
11information concerning the cost of the contract, the activities performed under the
12contract, and an assessment of the cost-effectiveness of the contract. The
13department shall submit the report to the committee no later than November 15 for
14the preceding fiscal year, and shall submit the first report no later than November
1515, 2008.
SB40-SSA1, s. 639 16Section 639. 23.0917 (3) (a) of the statutes is amended to read:
SB40-SSA1,423,2117 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
182009-10 2019-20, the department may obligate moneys under the subprogram for
19land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
20grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
21(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB40-SSA1, s. 640 22Section 640. 23.0917 (3) (bm) of the statutes is amended to read:
SB40-SSA1,424,223 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and
24ending with fiscal year 2009-10 2019-20, in obligating money under the subprogram
25for land acquisition, the department shall set aside not less than a total of $ 2,000,000

1that may be obligated only to provide matching funds for grants awarded to the
2department for the purchase of land or easements under 16 USC 2103c.
SB40-SSA1, s. 641 3Section 641. 23.0917 (3) (br) of the statutes is created to read:
SB40-SSA1,424,84 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
52019-20, in obligating moneys under the subprogram for land acquisition, the
6department shall set aside in each fiscal year not less than $14,500,000 that may be
7obligated only to provide for grants awarded to nonprofit conservation organizations
8under s. 23.096.
SB40-SSA1, s. 642 9Section 642. 23.0917 (3) (dm) 3. of the statutes is created to read:
SB40-SSA1,424,1110 23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending
11with fiscal year 2019-20, $79,000,000.
SB40-SSA1, s. 643 12Section 643. 23.0917 (4) (a) of the statutes is amended to read:
SB40-SSA1,424,1713 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
142009-10 2019-20, the department may obligate moneys under the subprogram for
15property development and local assistance. Moneys obligated under this
16subprogram may be only used for nature-based outdoor recreation, except as
17provided under par. (cm).
SB40-SSA1, s. 644 18Section 644. 23.0917 (4) (d) 1. of the statutes is amended to read:
SB40-SSA1,425,219 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in
20fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the
21subprogram except as provided in sub. (5). For each fiscal year beginning with
222002-03 and ending with fiscal year 2009-10, the department may obligate not more
23than $15,000,000 under the subprogram except as provided in sub. (5). For each
24fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, the

1department may obligate not more than $26,000,000 under the subprogram except
2as provided in sub. (5).
SB40-SSA1, s. 645 3Section 645. 23.0917 (4) (d) 2. of the statutes is amended to read:
SB40-SSA1,425,64 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with
5fiscal year 2009-10, the
department may obligate not more than $8,000,000 in each
6fiscal year for local assistance.
SB40-SSA1, s. 646 7Section 646. 23.0917 (4) (d) 2m. of the statutes is created to read:
SB40-SSA1,425,108 23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal
9year 2019-20, the department may not obligate more than $14,000,000 in each fiscal
10year for local assistance.
SB40-SSA1, s. 647 11Section 647. 23.0917 (7) (a) of the statutes is amended to read:
SB40-SSA1,425,1712 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of
13calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
14(20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the
15appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the
16land's current fair market value and other acquisition costs, as determined by rule
17by the department.
SB40-SSA1, s. 647m 18Section 647m. 23.0917 (9) of the statutes is created to read:
SB40-SSA1,426,419 23.0917 (9) Reporting requirement. The department shall prepare an annual
20report that identifies each stewardship grant awarded for the acquisition of
21development rights in land during each fiscal year. For each grant, the report shall
22name each county and each city, village, or town in which the land subject to the
23development rights is located; shall specify the location and number of acres subject
24to the development rights; and shall give a summary of the terms of agreement
25conveying the development rights. The department shall submit the report to the

1joint committee on finance and to the appropriate standing committees of the
2legislature in the manner provided under s. 13.172 (3). The department shall submit
3the report no later than November 15 for the preceding fiscal year, and shall submit
4the first report no later than November 15, 2008.
SB40-SSA1, s. 648 5Section 648. 23.0917 (12) of the statutes is amended to read:
SB40-SSA1,426,96 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding
7authority for a subprogram under sub. (3) or (4) on June 30, 2010 2020, is an amount
8greater than zero, the department may expend any portion of this remaining bonding
9authority for that subprogram in one or more subsequent fiscal years.
SB40-SSA1, s. 649 10Section 649. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SB40-SSA1, s. 650 11Section 650. 23.092 (1b) of the statutes is created to read:
SB40-SSA1,426,1312 23.092 (1b) In this section, "nonprofit conservation organization" has the
13meaning given in s. 23.0955 (1).
SB40-SSA1, s. 651 14Section 651. 23.092 (2) of the statutes is amended to read:
SB40-SSA1,426,2015 23.092 (2) For each area designated under sub. (1) (1m), the department shall
16prepare a plan, based upon the specific qualities of the area designated, that is
17designed to protect, enhance or restore the habitat in the designated area. After
18preparation of a plan for a designated area, the department shall encourage
19landowners to use specific management practices that are designed to implement the
20plan.
SB40-SSA1, s. 652 21Section 652. 23.092 (4) of the statutes is amended to read:
SB40-SSA1,427,622 23.092 (4) The department may share the costs of implementing land
23management practices with landowners, or with nonprofit conservation
24organizations that are qualified to enhance wildlife-based recreation if these
25organizations have the landowner's permission to implement the practices. The

1department may share the costs of acquiring easements for habitat areas with
2landowners or with these nonprofit conservation organizations. If the funding for
3cost-sharing under this subsection will be expended from the appropriation under
4s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of
5the cost of the management practices or of the acquisition costs for the easement
6except as provided in s. 23.096 (2m)
.
SB40-SSA1, s. 653 7Section 653. 23.094 (3m) of the statutes is amended to read:
SB40-SSA1,427,98 23.094 (3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub.
9(3g) may not exceed 50% of the acquisition costs for the land or the easement.
SB40-SSA1, s. 654 10Section 654. 23.0953 of the statutes is created to read:
SB40-SSA1,427,13 1123.0953 Grants to counties for land acquisition. (1) In this section,
12"nature-based outdoor recreation" has the meaning given by the department by rule
13under s. 23.0917 (4) (f).
SB40-SSA1,427,19 14(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20,
15the department shall establish a program from the appropriation under s. 20.866 (2)
16(ta) to make grants to counties to acquire land for nature-based outdoor recreation.
17For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866
18(2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917
19(3).
SB40-SSA1,427,21 20(3) Each county receiving a grant under this section shall provide matching
21funds that equal at least 50 percent of the acquisition costs.
SB40-SSA1,427,25 22(4) A county unit may not convert the land or the rights in the land acquired
23using grant moneys awarded under this subsection to a use that is inconsistent with
24the type of nature-based outdoor recreation for which the grant was awarded
25without the approval of the natural resources board.
SB40-SSA1, s. 655
1Section 655. 23.096 (2) (b) of the statutes is amended to read:
SB40-SSA1,428,32 23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this
3section may not exceed 50% of the acquisition costs of the property.
SB40-SSA1, s. 656 4Section 656. 23.096 (2m) of the statutes is created to read:
SB40-SSA1,428,85 23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with
6fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award
7grants under this section that equal up to 75 percent of the acquisition costs of the
8property if the natural resources board determines that all of the following apply:
SB40-SSA1,428,109 (a) That the property is uniquely valuable in conserving the natural resources
10of the state.
SB40-SSA1,428,1311 (b) That delaying or deferring the acquisition until 50 percent of the acquisition
12costs are procured by the nonprofit conservation organization is not reasonably
13possible.
SB40-SSA1,428,1614 (c) That sufficient bonding authority remains in the amount set aside under s.
1523.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation
16organizations that meet the matching requirement under sub. (2) (b).
SB40-SSA1, s. 657 17Section 657. 23.15 (1) of the statutes is amended to read:
SB40-SSA1,428,2318 23.15 (1) The natural resources board may sell, at public or private sale, lands
19and structures owned by the state under the jurisdiction of the department of natural
20resources, except central or district office facilities, when the natural resources board
21determines that said lands are no longer necessary for the state's use for
22conservation purposes and, if real property, the real property is not the subject of a
23petition under s. 560.9810 (2).
SB40-SSA1, s. 658 24Section 658. 23.197 (10) of the statutes is created to read:
SB40-SSA1,429,7
123.197 (10) Mirror Lake; boating access. From the appropriation under s.
220.866 (2) (ta), the department shall provide funding in an amount not to exceed
3$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
4County and in the streams flowing into the lake. For the purposes of s. 23.0917,
5moneys provided under this subsection from the appropriation under s. 20.866 (2)
6(ta) shall be treated as moneys obligated under either or both of the subprograms
7under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658g 8Section 658g. 23.197 (11) of the statutes is created to read:
SB40-SSA1,429,159 23.197 (11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
10(ta), the department shall provide funding in an amount not to exceed $500,000 to
11Vernon County to restore Jersey Valley Lake. The funding authorized under this
12subsection shall be in a manner that, for every $1 expended by Vernon County for the
13repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
14moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
15moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658m 16Section 658m. 23.197 (12) of the statutes is created to read:
SB40-SSA1,430,217 23.197 (12) Milwaukee Metropolitan Sewerage District; flood management.
18From the appropriation under s. 20.866 (2) (ta), the department shall provide
19funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
20conservation organization dedicated to land and water resource preservation to
21acquire land for a flood management program conducted by the Milwaukee
22Metropolitan Sewerage District and for habitat restoration on the acquired land.
23The funding authorized under this subsection shall be in a manner that, for every
24$1 expended by the nationwide nonprofit conservation organization for the land
25acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys

1provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
2obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
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