SB111: Bill Text

SB111,589,5 (e) Whether or not the state proceeds with the action or an alternate proceeding under sub. (10), if the court or other adjudicator finds that an action under sub. (5) was brought by a person who planned or initiated the violation upon which the action or proceeding is based, then the court may, to the extent that the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under par. (a), (b), or (d), taking into account the role of that person in advancing the prosecution of the action or claim and any other relevant circumstance pertaining to the violation, except that if the person bringing the action is convicted of criminal conduct arising from his or her role in a violation of sub. (2), the court or other adjudicator shall dismiss the person as a party and the person shall not receive any share of the proceeds of the action or claim or any expenses, costs, and fees under par. (c).

SB111,589,10 (12) Except if the action is brought by the attorney general or the person bringing the action is an original source of the information, the court shall dismiss an action or claim under this section, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in any of the following ways:

SB111,589,12 (a) In a federal criminal, civil, or administrative hearing in which the state or its agent is a party.

SB111,589,14 (b) In a congressional, government accountability office, or other federal report, hearing, audit, or investigation.

SB111,589,15 (c) From the news media.

SB111,589,17 (13) The state is not liable for any expenses incurred by a private person in bringing an action under sub. (5).

SB111,590,7 (14) Any employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful actions taken by the employee, contractor, agent, or by others in furtherance of an action or claim filed under this section or on behalf of the employee, contractor, or agent, including investigation for, initiation of, testimony for, or assistance in an action or claim filed or to be filed under sub. (5) is entitled to all necessary relief to make the employee, contractor, or agent whole. Such relief shall in each case include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay at the legal rate, and compensation for any special damages sustained as a result of the discrimination, including costs and reasonable attorney fees. An employee, contractor, or agent may bring an action to obtain the relief to which the employee, contractor, or agent is entitled under this subsection within 3 years after the date the retaliation occurred.

SB111,590,10 (15) A civil action may be brought based upon acts occurring prior to the effective date of this subsection .... [LRB inserts date], if the action is brought within the period specified in s. 893.9815.

SB111,590,14 (16) A judgment of guilty entered against a defendant in a criminal action in which the defendant is charged with fraud or making false statements estops the defendant from denying the essential elements of the offense in any action under sub. (5) that involves the same elements as in the criminal action.

SB111,590,16 (17) The remedies provided for under this section are in addition to any other remedies provided for under any other law or available under the common law.

SB111,590,19 (18) This section shall be liberally construed and applied to promote the public interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as reflected in the act and the legislative history of the act.

SB111,529 Section 529. 20.940 of the statutes is repealed.

SB111,530 Section 530. 23.09 (2) (d) (intro.) of the statutes is amended to read:

SB111,591,3 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or agreement, and receive by gifts or devise, lands or waters suitable for the purposes enumerated in this paragraph, and maintain such lands and waters for such purposes; and, except for the purpose specified under subd. 12., may condemn lands or waters suitable for such purposes after obtaining approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof:

SB111,531 Section 531. 23.0915 (2c) (d) of the statutes is amended to read:

SB111,591,6 23.0915 (2c) (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2022 2032.

SB111,532 Section 532. 23.0916 (2) (am) of the statutes is amended to read:

SB111,591,11 23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after July 1, 2011, that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

SB111,533 Section 533. 23.0916 (2) (b) (intro.) of the statutes is amended to read:

SB111,591,17 23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) Except as provided in par. (c), the The person receiving a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:

SB111,534 Section 534. 23.0916 (2) (c) of the statutes is repealed.

SB111,535 Section 535. 23.0916 (3m) (a) of the statutes is amended to read:

SB111,591,24 23.0916 (3m) (a) Except as provided in par. (b), a determination by the natural resources board under sub. (2) (b) or (c) or (3) (b) or (c) with regard to public access on land or an easement requires 4 or more members of the natural resources board to concur in that determination if the land or easement was acquired on or after April 17, 2012.

SB111,536 Section 536. 23.0916 (5) (b) of the statutes is amended to read:

SB111,592,2 23.0916 (5) (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c).

SB111,537 Section 537. 23.09165 (2) (title) and (ac) of the statutes are consolidated and renumbered 23.09165 (2).

SB111,538 Section 538. 23.09165 (2) (bc) of the statutes is repealed.

SB111,539 Section 539. 23.0917 (3) (a) of the statutes is amended to read:

SB111,592,12 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2021-22 2031-32, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. ss. 23.0953 and 23.096, except as provided under ss. par. (b) and ss. 23.0953 (2) (a), 23.197 (2m), (3m) (b), (7m), and (8), and 23.198 (1) (a).

SB111,540 Section 540. 23.0917 (3) (b) of the statutes is amended to read:

SB111,592,19 23.0917 (3) (b) In obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year $1,000,000 that may be obligated only for the department to acquire, develop, or maintain land for the ice age trail. The or for grants under s. 23.0961. Except as provided under sub. (5g) (ag), the period of time during which the moneys shall be set aside in each fiscal year shall begin on the July 1 of the fiscal year and end on the June 30 of the same fiscal year.

SB111,541 Section 541. 23.0917 (3) (bm) of the statutes is amended to read:

SB111,592,25 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2021-22 2031-32, in obligating money under the subprogram for land acquisition, the department shall set aside not less than a total of $2,000,000 that may be obligated only to provide matching funds for grants awarded to the department for the purchase of land or easements under 16 USC 2103c.

SB111,542 Section 542. 23.0917 (3) (br) 3. of the statutes is created to read:

SB111,593,3 23.0917 (3) (br) 3. For each fiscal year beginning with 2022-23 and ending with 2031-32, $10,000,000.

SB111,543 Section 543. 23.0917 (3) (bt) 3. of the statutes is created to read:

SB111,593,6 23.0917 (3) (bt) 3. For each fiscal year beginning with 2022-23 and ending with fiscal year 2031-32, $10,000,000.

SB111,544 Section 544. 23.0917 (3) (bw) of the statutes is amended to read:

SB111,593,11 23.0917 (3) (bw) In obligating moneys under the subprogram for land acquisition, the department shall set aside $5,000,000 for each fiscal year beginning with 2015-16 and ending with 2021-22 2031-32 to be obligated only to provide grants to counties under s. 23.0953.

SB111,545 Section 545. 23.0917 (3) (bx) of the statutes is created to read:

SB111,593,17 23.0917 (3) (bx) Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, in obligating money under the subprogram for land acquisition, the department shall set aside $1,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1) and for grants under s. 23.0953.

SB111,546 Section 546. 23.0917 (3) (dm) 8. of the statutes is created to read:

SB111,593,20 23.0917 (3) (dm) 8. For each fiscal year beginning with 2022-23 and ending with fiscal year 2025-26, $26,000,000.

SB111,547 Section 547. 23.0917 (3) (dm) 9. of the statutes is created to read:

SB111,593,23 23.0917 (3) (dm) 9. For each fiscal year beginning with 2026-27 and ending with fiscal year 2031-32, $25,000,000.

SB111,548 Section 548. 23.0917 (4) (a) of the statutes is amended to read:

SB111,594,5 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2021-22 2031-32, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

SB111,549 Section 549. 23.0917 (4) (c) 5. of the statutes is repealed.

SB111,550 Section 550. 23.0917 (4) (d) 1m. f. of the statutes is created to read:

SB111,594,9 23.0917 (4) (d) 1m. f. For each fiscal year beginning with 2022-23 and ending with fiscal year 2025-26, $41,000,000.

SB111,551 Section 551. 23.0917 (4) (d) 1m. g. of the statutes is created to read:

SB111,594,12 23.0917 (4) (d) 1m. g. For each fiscal year beginning with 2026-27 and ending with fiscal year 2031-32, $42,000,000.

SB111,552 Section 552. 23.0917 (4) (d) 2. of the statutes is renumbered 23.0917 (4) (d) 2. (intro.) and amended to read:

SB111,594,17 23.0917 (4) (d) 2. (intro.) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the The department may obligate not more than $8,000,000 in each fiscal year the following amounts for local assistance.:

SB111,553 Section 553. 23.0917 (4) (d) 2. a. of the statutes is created to read:

SB111,594,20 23.0917 (4) (d) 2. a. Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, $8,000,000.

SB111,554 Section 554. 23.0917 (4) (d) 2n. of the statutes is renumbered 23.0917 (4) (d) 2. b. and amended to read:

SB111,594,24 23.0917 (4) (d) 2. b. For fiscal year 2010-11, the department may obligate not more than $11,500,000 for local assistance.

SB111,555 Section 555. 23.0917 (4) (d) 2p. of the statutes is renumbered 23.0917 (4) (d) 2. c. and amended to read:

SB111,595,4 23.0917 (4) (d) 2. c. In fiscal years 2011-2012 and 2012-13, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

SB111,556 Section 556. 23.0917 (4) (d) 2r. of the statutes is renumbered 23.0917 (4) (d) 2r. (intro.) and amended to read:

SB111,595,9 23.0917 (4) (d) 2r. (intro.) Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22, the The department shall obligate $6,000,000 in each fiscal year the following amounts for local assistance.:

SB111,557 Section 557. 23.0917 (4) (d) 2r. a. of the statutes is created to read:

SB111,595,12 23.0917 (4) (d) 2r. a. Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22, $6,000,000.

SB111,558 Section 558. 23.0917 (4) (d) 2r. b. of the statutes is created to read:

SB111,595,15 23.0917 (4) (d) 2r. b. Beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, $18,000,000.

SB111,559 Section 559. 23.0917 (4) (d) 3. c. of the statutes is created to read:

SB111,595,18 23.0917 (4) (d) 3. c. Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, $22,000,000.

SB111,560 Section 560. 23.0917 (4) (d) 3. d. of the statutes is created to read:

SB111,595,21 23.0917 (4) (d) 3. d. Beginning with fiscal year 2026-27 and ending with fiscal year 2031-32, $23,000,000.

SB111,561 Section 561. 23.0917 (4) (e) of the statutes is created to read:

SB111,596,2 23.0917 (4) (e) During the period beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, in obligating money under the subprogram for property development and local assistance, the department shall set aside not less than a total of $1,000,000 in each fiscal year that may be obligated only for grants under s. 23.098.

SB111,562 Section 562. 23.0917 (4j) (b) of the statutes is renumbered 23.0917 (4j) (b) (intro.) and amended to read:

SB111,596,10 23.0917 (4j) (b) (intro.) For fiscal year 2007-08, the The department may not obligate more than $1,500,000 the following amounts for cost-sharing with local governmental units for recreational boating projects under s. 30.92 . For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. :

SB111,563 Section 563. 23.0917 (4j) (b) 1., 2. and 3. of the statutes are created to read:

SB111,596,12 23.0917 (4j) (b) 1. For fiscal year 2007-08, $1,500,000.

SB111,596,14 2. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22, $2,500,000.

SB111,596,16 3. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2031-32, $3,000,000.

SB111,564 Section 564. 23.0917 (5g) (ag) of the statutes is created to read:

SB111,596,24 23.0917 (5g) (ag) 1. Except as provided in par. (b), if for each of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31 the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), or (4j) that is less than the annual bonding authority under that subprogram for that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose for which it was authorized under that subprogram.

SB111,597,8 2. Except as provided in par. (b), if for each of the fiscal years 2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), or (4j) that is less than the annual bonding authority under that subprogram for that fiscal year plus any unobligated amount from the prior fiscal year under subd. 1., the department may obligate those unobligated amounts in any subsequent fiscal year ending with fiscal year 2031-32, but only for the purposes authorized in sub. (4) (c) 1. and 2.

SB111,565 Section 565. 23.0917 (5g) (b) of the statutes is renumbered 23.0917 (5g) (b) 1. and amended to read:

SB111,597,18 23.0917 (5g) (b) 1. If in a given fiscal year beginning with fiscal year 2013-14 and ending with fiscal year 2021-22 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11.

SB111,566 Section 566. 23.0917 (5g) (b) 2. and 3. of the statutes are created to read:

SB111,597,25 23.0917 (5g) (b) 2. If for any of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31 the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for local assistance under sub. (4).

SB111,598,5 3. If in fiscal years 2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 the department does not obligate the full unobligated amount from the prior fiscal year under subd. 2., the department may obligate that unobligated amount in any subsequent fiscal year ending with fiscal year 2031-32, but only for the purposes authorized in sub. (4) (c) 1. and 2.

SB111,567 Section 567. 23.0917 (6m) (c) of the statutes is amended to read:

SB111,598,9 23.0917 (6m) (c) The procedures under par. (a) apply only to an amount for a project or activity that exceeds $250,000 $500,000, except as provided in pars. (d), and (dg), (dm), and (dr).