OC7 SB1: Bill Text

SB1,410,14 (9) Whether or not the state participates in an action under sub. (5), upon showing in camera by the attorney general that discovery by the person bringing the action would interfere with the state's ongoing investigation or prosecution of a criminal or civil matter arising out of the same facts as the facts upon which the action is based, the court may stay such discovery in whole or in part for a period of not more than 60 days. The court may extend the period of any such stay upon further showing in camera by the attorney general that the state has pursued the criminal or civil investigation of the matter with reasonable diligence and the proposed discovery in the action brought under sub. (5) will interfere with the ongoing criminal or civil investigation or prosecution.

SB1,411,2 (10) The attorney general may pursue a claim relating to an alleged violation of sub. (2) through an alternate remedy available to the state or any state agency, including an administrative proceeding to assess a civil forfeiture. If the attorney general elects any such alternate remedy, the attorney general shall serve timely notice of his or her election upon the person bringing the action under sub. (5), and that person has the same rights in the alternate venue as the person would have had if the action had continued under sub. (5). Any finding of fact or conclusion of law made by a court or by a state agency in the alternate venue that has become final is conclusive upon all parties named in an action under sub. (5). For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal, if all time for filing an appeal or petition for review with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

SB1,411,8 (11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an action brought by a person under sub. (5) or the state pursues an alternate remedy relating to the same acts under sub. (10), the person who brings the action shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person contributed to the prosecution of the action or claim.

SB1,411,18 (b) Except as provided in par. (e), if an action or claim is one in which the court or other adjudicator finds to be based primarily upon disclosures of specific information not provided by the person who brings an action under sub. (5) relating to allegations or transactions specifically in a criminal, civil, or administrative hearing, or in a legislative or administrative report, hearing, audit, or investigation, or report made by the news media, the court or other adjudicator may award such amount as it considers appropriate, but not more than 10 percent of the proceeds of the action or settlement of the claim, depending upon the significance of the information and the role of the person bringing the action in advancing the prosecution of the action or claim.

SB1,411,23 (c) Except as provided in par. (e), in addition to any amount received under par. (a) or (b), a person bringing an action under sub. (5) shall be awarded his or her reasonable expenses necessarily incurred in bringing the action together with the person's costs and reasonable actual attorney fees. The court or other adjudicator shall assess any award under this paragraph against the defendant.

SB1,412,4 (d) Except as provided in par. (e), if the state does not proceed with an action or an alternate proceeding under sub. (10), the person bringing the action shall receive an amount that the court decides is reasonable for collection of the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action and shall be paid from the proceeds. In addition, the person shall be paid his or her expenses, costs, and fees under par. (c).

SB1,412,16 (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).

SB1,412,19 (12) (a) No court has jurisdiction over an action brought by a private person under sub. (5) against a state public official if the action is based upon information known to the attorney general at the time that the action is brought.

SB1,412,23 (b) No person may bring an action under sub. (5) that is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding to assess a civil forfeiture in which the state is a party if that action or proceeding was commenced prior to the date that the action is filed.

SB1,412,25 (13) The state is not liable for any expenses incurred by a private person in bringing an action under sub. (5).

SB1,413,12 (14) Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against by his or her employer because of lawful actions taken by the employee, on behalf of the employee, or by others in furtherance of an action or claim filed under this section, 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 whole. Such relief shall in each case include reinstatement with the same seniority status that the employee 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 actual attorney fees. An employee may bring an action to obtain the relief to which the employee is entitled under this subsection.

SB1,413,15 (15) A civil action may be brought based upon acts occurring prior to the effective date of this subsection .... [revisor inserts date], if the action is brought within the period specified in s. 893.981.

SB1,413,19 (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.

SB1,413,21 (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.

SB1,413,24 (18) This section shall be liberally construed and applied to promote the public interest and to effect the congressional intent in enacting 31 USC 3279 to 3733, as reflected in the act and the legislative history of the act.

SB1, s. 635m Section 635m. 21.37 of the statutes is amended to read:

SB1,414,5 21.37 The Wisconsin code of military justice. The Wisconsin code of military justice as created by chapter 20, laws of 1969, shall govern the conduct of all members of the national guard and any other military force organized under the laws of this state. The revisor of statutes legislative reference bureau shall not print the Wisconsin code of military justice in the statutes.

SB1, s. 635q Section 635q. 21.49 (2m) of the statutes is repealed.

SB1, s. 636b Section 636b. 23.09 (19) (d) of the statutes is amended to read:

SB1,414,11 23.09 (19) (d) Grants Except as provided in s. 23.096 (2m), grants under this subsection shall be for up to 50% of the acquisition costs of the land or the rights in land for the urban green space. The governmental unit is responsible for the remainder of the acquisition costs.

SB1, s. 637b Section 637b. 23.09 (20) (b) of the statutes is amended to read:

SB1,414,23 23.09 (20) (b) State Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50% of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but such land shall not be converted to uses inconsistent with this subsection without prior approval of the state and proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.

SB1, s. 638b Section 638b. 23.09 (20m) (b) of the statutes is amended to read:

SB1,415,5 23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. The Except as provided s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.

SB1, s. 638m Section 638m. 23.0912 of the statutes is created to read:

SB1,415,10 23.0912 Contracts for land management; reports. (1) The department may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1), and with private companies to perform land management activities on department land, as defined in s. 23.0917 (1) (c).

SB1,415,18 (2) The department shall prepare, for the joint committee on finance, an annual report concerning any contracts into which the department enters under sub. (1) during each fiscal year. For each contract entered, the report shall include information concerning the cost of the contract, the activities performed under the contract, and an assessment of the cost-effectiveness of the contract. The department shall submit the report to the committee no later than November 15 for the preceding fiscal year, and shall submit the first report no later than November 15, 2008.

SB1, s. 638r Section 638r. 23.0917 (2) (a) 3m. of the statutes is created to read:

SB1,415,20 23.0917 (2) (a) 3m. A subprogram for recreational boating aids.

SB1, s. 639 Section 639. 23.0917 (3) (a) of the statutes is amended to read:

SB1,416,2 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, 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. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).

SB1, s. 640 Section 640. 23.0917 (3) (bm) of the statutes is amended to read:

SB1,416,8 23.0917 (3) (bm) During the period beginning with fiscal year 2001-02 and ending with fiscal year 2009-10 2019-20, 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.

SB1, s. 641 Section 641. 23.0917 (3) (br) of the statutes is created to read:

SB1,416,14 23.0917 (3) (br) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, in obligating moneys under the subprogram for land acquisition, the department shall set aside in each fiscal year not less than $14,500,000 that may be obligated only to provide for grants awarded to nonprofit conservation organizations under s. 23.096.

SB1, s. 642c Section 642c. 23.0917 (3) (dm) 2. of the statutes is amended to read:

SB1,416,17 23.0917 (3) (dm) 2. For each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10 2006-07, $45,000,000.

SB1, s. 642d Section 642d. 23.0917 (3) (dm) 3. and 3m. of the statutes are created to read:

SB1,416,19 23.0917 (3) (dm) 3. For fiscal year 2007-08, $43,500,000.

SB1,416,20 3m. For fiscal years 2008-09 and 2009-10, $42,500,000.

SB1, s. 642e Section 642e. 23.0917 (3) (dm) 4. of the statutes is created to read:

SB1,416,23 23.0917 (3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, $76,500,000.

SB1, s. 643 Section 643. 23.0917 (4) (a) of the statutes is amended to read:

SB1,417,5 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10 2019-20, 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).

SB1, s. 644d Section 644d. 23.0917 (4) (d) 1. of the statutes is amended to read:

SB1,417,14 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10 2006-07, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For each fiscal year beginning with fiscal year 2007-08 and ending with fiscal year 2019-20, the department may obligate not more than $26,000,000 under the subprogram except as provided in sub. (5).

SB1, s. 645b Section 645b. 23.0917 (4) (d) 2. of the statutes is amended to read:

SB1,417,18 23.0917 (4) (d) 2. The Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

SB1, s. 646b Section 646b. 23.0917 (4) (d) 2n. of the statutes is created to read:

SB1,417,22 23.0917 (4) (d) 2n. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $14,000,000 in each fiscal year for local assistance.

SB1, s. 646m Section 646m. 23.0917 (4j) of the statutes is created to read:

SB1,418,3 23.0917 (4j) Recreational boating aids. (a) In this subsection "local governmental unit" means a city, village, town, or county, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district organized under ch. 33, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB1,418,9 (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 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 2019-20, 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.

SB1, s. 647 Section 647. 23.0917 (7) (a) of the statutes is amended to read:

SB1,418,16 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

SB1, s. 648b Section 648b. 23.0917 (12) of the statutes is amended to read:

SB1,418,21 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or, (4) , or (4j) on June 30, 2010 2020, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.

SB1, s. 649b Section 649b. 23.092 (1) of the statutes is renumbered 23.092 (1m).

SB1, s. 650b Section 650b. 23.092 (1b) of the statutes is created to read:

SB1,418,25 23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB1, s. 651b Section 651b. 23.092 (2) of the statutes is amended to read:

SB1,419,7 23.092 (2) For each area designated under sub. (1) (1m), the department shall prepare a plan, based upon the specific qualities of the area designated, that is designed to protect, enhance or restore the habitat in the designated area. After preparation of a plan for a designated area, the department shall encourage landowners to use specific management practices that are designed to implement the plan.

SB1, s. 652b Section 652b. 23.092 (4) of the statutes is amended to read:

SB1,419,18 23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit conservation organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit conservation organizations. If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement except as provided in s. 23.096 (2m).

SB1, s. 653b Section 653b. 23.094 (3m) of the statutes is amended to read:

SB1,419,21 23.094 (3m) Limits. A Except as provided in s. 23.096 (2m), a grant under sub. (3g) may not exceed 50% of the acquisition costs for the land or the easement.

SB1, s. 654b Section 654b. 23.0953 of the statutes is created to read:

SB1,419,25 23.0953 Grants to counties for land acquisition. (1) In this section, "nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

SB1,420,6 (2) Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department shall establish a program from the appropriation under s. 20.866 (2) (ta) to make grants to counties to acquire land for nature-based outdoor recreation. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram under s. 23.0917 (3).

SB1,420,8 (3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.

SB1,420,12 (4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under this section to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

SB1, s. 655b Section 655b. 23.096 (2) (b) of the statutes is amended to read:

SB1,420,15 23.096 (2) (b) A Except as provided in sub. (2m), a grant awarded under this section may not exceed 50% of the acquisition costs of the property.

SB1, s. 656b Section 656b. 23.096 (2m) of the statutes is created to read:

SB1,420,20 23.096 (2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:

SB1,420,22 (a) That the property is uniquely valuable in conserving the natural resources of the state.

SB1,420,25 (b) That delaying or deferring the acquisition until 50 percent of the acquisition costs are procured by the nonprofit conservation organization is not reasonably possible.

SB1,421,3 (c) That sufficient bonding authority remains in the amount set aside under s. 23.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation organizations that meet the matching requirement under sub. (2) (b).

SB1, s. 657 Section 657. 23.15 (1) of the statutes is amended to read:

SB1,421,10 23.15 (1) The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources, except central or district office facilities, when the natural resources board determines that said lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

SB1, s. 658 Section 658. 23.197 (10) of the statutes is created to read:

SB1,421,18 23.197 (10) Mirror Lake; boating access. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk County and in the streams flowing into the lake. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

SB1, s. 658g Section 658g. 23.197 (11) of the statutes is created to read:

SB1,422,2 23.197 (11) Jersey Valley Lake. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $500,000 to Vernon County to restore Jersey Valley Lake. The funding authorized under this subsection shall be in a manner that, for every $1 expended by Vernon County for the repairs and installation, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB1, s. 658m Section 658m. 23.197 (12) of the statutes is created to read:

SB1,422,14 23.197 (12) Milwaukee Metropolitan Sewerage District; flood management. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $1,000,000 to a nationwide nonprofit conservation organization dedicated to land and water resource preservation to acquire land for a flood management program conducted by the Milwaukee Metropolitan Sewerage District and for habitat restoration on the acquired land. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the nationwide nonprofit conservation organization for the land acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB1, s. 658r Section 658r. 23.197 (13) of the statutes is created to read:

SB1,422,23 23.197 (13) Green Bay; recreational trail. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in an amount not to exceed $875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail. The funding authorized under this subsection shall be in a manner that, for every $1 expended by the city of Green Bay for the land acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SB1, s. 658t Section 658t. 23.197 (14) of the statutes is created to read: