SB1,411,2319
(c) Except as provided in par. (e), in addition to any amount received under par.
20(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
21reasonable expenses necessarily incurred in bringing the action together with the
22person's costs and reasonable actual attorney fees. The court or other adjudicator
23shall assess any award under this paragraph against the defendant.
SB1,412,424
(d) Except as provided in par. (e), if the state does not proceed with an action
25or an alternate proceeding under sub. (10), the person bringing the action shall
1receive an amount that the court decides is reasonable for collection of the civil
2penalty and damages. The amount shall be not less than 25 percent and not more
3than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
4addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
SB1,412,165
(e) Whether or not the state proceeds with the action or an alternate proceeding
6under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
7was brought by a person who planned or initiated the violation upon which the action
8or proceeding is based, then the court may, to the extent that the court considers
9appropriate, reduce the share of the proceeds of the action that the person would
10otherwise receive under par. (a), (b), or (d), taking into account the role of that person
11in advancing the prosecution of the action or claim and any other relevant
12circumstance pertaining to the violation, except that if the person bringing the action
13is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
14the court or other adjudicator shall dismiss the person as a party and the person shall
15not receive any share of the proceeds of the action or claim or any expenses, costs, and
16fees under par. (c).
SB1,412,19
17(12) (a) No court has jurisdiction over an action brought by a private person
18under sub. (5) against a state public official if the action is based upon information
19known to the attorney general at the time that the action is brought.
SB1,412,2320
(b) No person may bring an action under sub. (5) that is based upon allegations
21or transactions that are the subject of a civil action or an administrative proceeding
22to assess a civil forfeiture in which the state is a party if that action or proceeding
23was commenced prior to the date that the action is filed.
SB1,412,25
24(13) The state is not liable for any expenses incurred by a private person in
25bringing an action under sub. (5).
SB1,413,12
1(14) Any employee who is discharged, demoted, suspended, threatened,
2harassed, or in any other manner discriminated against by his or her employer
3because of lawful actions taken by the employee, on behalf of the employee, or by
4others in furtherance of an action or claim filed under this section, including
5investigation for, initiation of, testimony for, or assistance in an action or claim filed
6or to be filed under sub. (5) is entitled to all necessary relief to make the employee
7whole. Such relief shall in each case include reinstatement with the same seniority
8status that the employee would have had but for the discrimination, 2 times the
9amount of back pay, interest on the back pay at the legal rate, and compensation for
10any special damages sustained as a result of the discrimination, including costs and
11reasonable actual attorney fees. An employee may bring an action to obtain the relief
12to which the employee is entitled under this subsection.
SB1,413,15
13(15) A civil action may be brought based upon acts occurring prior to the
14effective date of this subsection .... [revisor inserts date], if the action is brought
15within the period specified in s. 893.981.
SB1,413,19
16(16) A judgment of guilty entered against a defendant in a criminal action in
17which the defendant is charged with fraud or making false statements estops the
18defendant from denying the essential elements of the offense in any action under sub.
19(5) that involves the same elements as in the criminal action.
SB1,413,21
20(17) The remedies provided for under this section are in addition to any other
21remedies provided for under any other law or available under the common law.
SB1,413,24
22(18) This section shall be liberally construed and applied to promote the public
23interest and to effect the congressional intent in enacting
31 USC 3279 to
3733, as
24reflected in the act and the legislative history of the act.
SB1, s. 635m
25Section 635m. 21.37 of the statutes is amended to read:
SB1,414,5
121.37 The Wisconsin code of military justice. The Wisconsin code of
2military justice as created by
chapter 20, laws of 1969, shall govern the conduct of
3all members of the national guard and any other military force organized under the
4laws of this state. The
revisor of statutes legislative reference bureau shall not print
5the Wisconsin code of military justice in the statutes.
SB1, s. 635q
6Section 635q. 21.49 (2m) of the statutes is repealed.
SB1, s. 636b
7Section 636b. 23.09 (19) (d) of the statutes is amended to read:
SB1,414,118
23.09
(19) (d)
Grants Except as provided in s. 23.096 (2m), grants under this
9subsection shall be for up to 50% of the acquisition costs of the land or the rights in
10land for the urban green space. The governmental unit is responsible for the
11remainder of the acquisition costs.
SB1, s. 637b
12Section 637b. 23.09 (20) (b) of the statutes is amended to read:
SB1,414,2313
23.09
(20) (b)
State Except as provided in s. 23.096 (2m), state aid under this
14subsection is limited to no more than 50% of the acquisition costs and the
15development costs of recreation lands and other outdoor recreation facilities. Costs
16associated with operation and maintenance of parks and other outdoor recreational
17facilities established under this subsection are not eligible for state aid.
18Administrative costs of acquiring lands or land rights are not included in the
19acquisition costs eligible for state aid under this subsection. Title to lands or rights
20in lands acquired by a municipality under this subsection shall vest in the
21municipality, but such land shall not be converted to uses inconsistent with this
22subsection without prior approval of the state and proceeds from the sale or other
23disposal of such lands shall be used to promote the objectives of this subsection.
SB1, s. 638b
24Section 638b. 23.09 (20m) (b) of the statutes is amended to read:
SB1,415,5
123.09
(20m) (b) The department shall establish a program to award grants
2from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
3conservation organizations to acquire development rights in land for nature-based
4outdoor recreation.
The Except as provided s. 23.096 (2m), the grants shall be limited
5to no more than 50% of the acquisition costs of the development rights.
SB1, s. 638m
6Section 638m. 23.0912 of the statutes is created to read:
SB1,415,10
723.0912 Contracts for land management; reports. (1) The department
8may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1),
9and with private companies to perform land management activities on department
10land, as defined in s. 23.0917 (1) (c).
SB1,415,18
11(2) The department shall prepare, for the joint committee on finance, an annual
12report concerning any contracts into which the department enters under sub. (1)
13during each fiscal year. For each contract entered, the report shall include
14information concerning the cost of the contract, the activities performed under the
15contract, and an assessment of the cost-effectiveness of the contract. The
16department shall submit the report to the committee no later than November 15 for
17the preceding fiscal year, and shall submit the first report no later than November
1815, 2008.
SB1, s. 638r
19Section 638r. 23.0917 (2) (a) 3m. of the statutes is created to read:
SB1,415,2020
23.0917
(2) (a) 3m. A subprogram for recreational boating aids.
SB1, s. 639
21Section
639. 23.0917 (3) (a) of the statutes is amended to read:
SB1,416,222
23.0917
(3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
232009-10 2019-20, the department may obligate moneys under the subprogram for
24land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
1grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m),
2(3m) (b), (7m), and (8) and 23.198 (1) (a).
SB1, s. 640
3Section
640. 23.0917 (3) (bm) of the statutes is amended to read:
SB1,416,84
23.0917
(3) (bm) During the period beginning with fiscal year 2001-02 and
5ending with fiscal year
2009-10 2019-20, in obligating money under the subprogram
6for land acquisition, the department shall set aside not less than a total of $ 2,000,000
7that may be obligated only to provide matching funds for grants awarded to the
8department for the purchase of land or easements under
16 USC 2103c.
SB1, s. 641
9Section
641. 23.0917 (3) (br) of the statutes is created to read:
SB1,416,1410
23.0917
(3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year
112019-20, in obligating moneys under the subprogram for land acquisition, the
12department shall set aside in each fiscal year not less than $14,500,000 that may be
13obligated only to provide for grants awarded to nonprofit conservation organizations
14under s. 23.096.
SB1, s. 642c
15Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:
SB1,416,1716
23.0917
(3) (dm) 2. For each fiscal year beginning with
fiscal year 2002-03 and
17ending with fiscal year
2009-10 2006-07, $45,000,000.
SB1, s. 642d
18Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:
SB1,416,1919
23.0917
(3) (dm) 3. For fiscal year 2007-08, $43,500,000.
SB1,416,2020
3m. For fiscal years 2008-09 and 2009-10, $42,500,000.
SB1, s. 642e
21Section 642e. 23.0917 (3) (dm) 4. of the statutes is created to read:
SB1,416,2322
23.0917
(3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and
23ending with fiscal year 2019-20, $76,500,000.
SB1, s. 643
24Section
643. 23.0917 (4) (a) of the statutes is amended to read:
SB1,417,5
123.0917
(4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
22009-10 2019-20, the department may obligate moneys under the subprogram for
3property development and local assistance. Moneys obligated under this
4subprogram may be only used for nature-based outdoor recreation, except as
5provided under par. (cm).
SB1, s. 644d
6Section 644d. 23.0917 (4) (d) 1. of the statutes is amended to read:
SB1,417,147
23.0917
(4) (d) 1. The department may obligate not more than $11,500,000 in
8fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the
9subprogram except as provided in sub. (5). For each fiscal year beginning with
102002-03 and ending with fiscal year
2009-10 2006-07, the department may obligate
11not more than $15,000,000 under the subprogram except as provided in sub. (5).
For
12each fiscal year beginning with fiscal year 2007-08 and ending with fiscal year
132019-20, the department may obligate not more than $26,000,000 under the
14subprogram except as provided in sub. (5).
SB1, s. 645b
15Section 645b. 23.0917 (4) (d) 2. of the statutes is amended to read:
SB1,417,1816
23.0917
(4) (d) 2.
The Beginning with fiscal year 2000-01 and ending with
17fiscal year 2009-10, the department may obligate not more than $8,000,000 in each
18fiscal year for local assistance.
SB1, s. 646b
19Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:
SB1,417,2220
23.0917
(4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal
21year 2019-20, the department may obligate not more than $14,000,000 in each fiscal
22year for local assistance.
SB1, s. 646m
23Section 646m. 23.0917 (4j) of the statutes is created to read:
SB1,418,324
23.0917
(4j) Recreational boating aids. (a) In this subsection "local
25governmental unit" means a city, village, town, or county, a lake sanitary district, as
1defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district
2organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131
3(1) (a), that is established for the purpose of lake management.
SB1,418,94
(b) For fiscal year 2007-08, the department may not obligate more than
5$1,500,000 for cost-sharing with local governmental units for recreational boating
6projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and
7ending with fiscal year 2019-20, the department may not obligate more than
8$2,500,000 for cost-sharing with local governmental units for recreational boating
9projects under s. 30.92.
SB1, s. 647
10Section
647. 23.0917 (7) (a) of the statutes is amended to read:
SB1,418,1611
23.0917
(7) (a) Except as provided in pars. (b) and (c), for purposes of
12calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
13(20m), 23.092 (4), 23.094 (3g),
23.0953, 23.096, 30.24 (4) and 30.277 from the
14appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the
15land's current fair market value and other acquisition costs, as determined by rule
16by the department.
SB1, s. 648b
17Section 648b. 23.0917 (12) of the statutes is amended to read:
SB1,418,2118
23.0917
(12) Expenditures after June 30,
2010 2020. If the remaining bonding
19authority for a subprogram under sub. (3)
or, (4)
, or (4j) on June 30,
2010 2020, is an
20amount greater than zero, the department may expend any portion of this remaining
21bonding authority for that subprogram in one or more subsequent fiscal years.
SB1, s. 649b
22Section 649b. 23.092 (1) of the statutes is renumbered 23.092 (1m).
SB1, s. 650b
23Section 650b. 23.092 (1b) of the statutes is created to read:
SB1,418,2524
23.092
(1b) In this section, "nonprofit conservation organization" has the
25meaning given in s. 23.0955 (1).
SB1, s. 651b
1Section 651b. 23.092 (2) of the statutes is amended to read:
SB1,419,72
23.092
(2) For each area designated under sub.
(1) (1m), the department shall
3prepare a plan, based upon the specific qualities of the area designated, that is
4designed to protect, enhance or restore the habitat in the designated area. After
5preparation of a plan for a designated area, the department shall encourage
6landowners to use specific management practices that are designed to implement the
7plan.
SB1, s. 652b
8Section 652b. 23.092 (4) of the statutes is amended to read:
SB1,419,189
23.092
(4) The department may share the costs of implementing land
10management practices with landowners, or with nonprofit
conservation 11organizations that are qualified to enhance wildlife-based recreation if these
12organizations have the landowner's permission to implement the practices. The
13department may share the costs of acquiring easements for habitat areas with
14landowners or with these nonprofit
conservation organizations. If the funding for
15cost-sharing under this subsection will be expended from the appropriation under
16s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of
17the cost of the management practices or of the acquisition costs for the easement
18except as provided in s. 23.096 (2m).
SB1, s. 653b
19Section 653b. 23.094 (3m) of the statutes is amended to read:
SB1,419,2120
23.094
(3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub.
21(3g) may not exceed 50% of the acquisition costs for the land or the easement.
SB1, s. 654b
22Section 654b. 23.0953 of the statutes is created to read:
SB1,419,25
2323.0953 Grants to counties for land acquisition. (1) In this section,
24"nature-based outdoor recreation" has the meaning given by the department by rule
25under s. 23.0917 (4) (f).
SB1,420,6
1(2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20,
2the department shall establish a program from the appropriation under s. 20.866 (2)
3(ta) to make grants to counties to acquire land for nature-based outdoor recreation.
4For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866
5(2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917
6(3).
SB1,420,8
7(3) Each county receiving a grant under this section shall provide matching
8funds that equal at least 50 percent of the acquisition costs.
SB1,420,12
9(4) A county may not convert the land, or any rights in the land, acquired with
10grant moneys awarded under this section to a use that is inconsistent with the type
11of nature-based outdoor recreation or conservation activity for which the grant was
12awarded unless the natural resources board approves the conversion.
SB1, s. 655b
13Section 655b. 23.096 (2) (b) of the statutes is amended to read:
SB1,420,1514
23.096
(2) (b)
A Except as provided in sub. (2m), a grant awarded under this
15section may not exceed 50% of the acquisition costs of the property.
SB1, s. 656b
16Section 656b. 23.096 (2m) of the statutes is created to read:
SB1,420,2017
23.096
(2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with
18fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award
19grants under this section that equal up to 75 percent of the acquisition costs of the
20property if the natural resources board determines that all of the following apply:
SB1,420,2221
(a) That the property is uniquely valuable in conserving the natural resources
22of the state.
SB1,420,2523
(b) That delaying or deferring the acquisition until 50 percent of the acquisition
24costs are procured by the nonprofit conservation organization is not reasonably
25possible.
SB1,421,3
1(c) That sufficient bonding authority remains in the amount set aside under s.
223.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation
3organizations that meet the matching requirement under sub. (2) (b).
SB1, s. 657
4Section
657. 23.15 (1) of the statutes is amended to read:
SB1,421,105
23.15
(1) The natural resources board may sell, at public or private sale, lands
6and structures owned by the state under the jurisdiction of the department of natural
7resources
, except central or district office facilities, when the natural resources board
8determines that said lands are no longer necessary for the state's use for
9conservation purposes and, if real property, the real property is not the subject of a
10petition under s. 560.9810 (2).
SB1, s. 658
11Section
658. 23.197 (10) of the statutes is created to read:
SB1,421,1812
23.197
(10) Mirror Lake; boating access. From the appropriation under s.
1320.866 (2) (ta), the department shall provide funding in an amount not to exceed
14$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
15County and in the streams flowing into the lake. For the purposes of s. 23.0917,
16moneys provided under this subsection from the appropriation under s. 20.866 (2)
17(ta) shall be treated as moneys obligated under either or both of the subprograms
18under s. 23.0917 (3) and (4).
SB1, s. 658g
19Section 658g. 23.197 (11) of the statutes is created to read:
SB1,422,220
23.197
(11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
21(ta), the department shall provide funding in an amount not to exceed $500,000 to
22Vernon County to restore Jersey Valley Lake. The funding authorized under this
23subsection shall be in a manner that, for every $1 expended by Vernon County for the
24repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
1moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
2moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB1, s. 658m
3Section 658m. 23.197 (12) of the statutes is created to read:
SB1,422,144
23.197
(12) Milwaukee Metropolitan Sewerage District; flood management. 5From the appropriation under s. 20.866 (2) (ta), the department shall provide
6funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
7conservation organization dedicated to land and water resource preservation to
8acquire land for a flood management program conducted by the Milwaukee
9Metropolitan Sewerage District and for habitat restoration on the acquired land.
10The funding authorized under this subsection shall be in a manner that, for every
11$1 expended by the nationwide nonprofit conservation organization for the land
12acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys
13provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
14obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB1, s. 658r
15Section 658r. 23.197 (13) of the statutes is created to read:
SB1,422,2316
23.197
(13) Green Bay; recreational trail. From the appropriation under s.
1720.866 (2) (ta), the department shall provide funding in an amount not to exceed
18$875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail.
19The funding authorized under this subsection shall be in a manner that, for every
20$1 expended by the city of Green Bay for the land acquisition, the department shall
21provide $3. For purposes of s. 23.0917, moneys provided from the appropriation
22under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the
23subprograms under s. 23.0917 (3) and (4).
SB1, s. 658t
24Section 658t. 23.197 (14) of the statutes is created to read:
SB1,423,9
123.197
(14) Antigo; trail development. From the appropriation under s.
220.866 (2) (ta), the department shall provide funding in an amount not to exceed
3$600,000 to the city of Antigo for property development related to the ice age trail and
4the Springbrook trail located within the city. The funding authorized under this
5subsection shall be in a manner that, for every $1 expended by the city of Antigo for
6the property development, the department shall provide $1. For purposes of s.
723.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
8treated as moneys obligated from either or both of the subprograms under s. 23.0917
9(3) and (4).
SB1, s. 659
10Section
659. 23.1985 of the statutes is amended to read:
SB1,423,20
1123.1985 Acquisition of certain public lands. Beginning in fiscal year
122006-07 and ending in fiscal year
2009-10 2019-20, from the appropriation under
13s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that
14may be obligated only to acquire land from the board of commissioners of public lands
15under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a
16fiscal year under this section, the department may obligate those nonobligated
17moneys in a subsequent fiscal year under this section in addition to the amounts the
18department is required to set aside for that subsequent fiscal year. For purposes of
19s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
20treated as moneys obligated under the subprogram under s. 23.0917 (3).
SB1, s. 660
21Section
660. 23.22 (2) (b) 6. of the statutes is amended to read: