SB40: Bill Text

SB40,444,22 2. Notify the court that he or she declines to proceed with the action, in which case the person bringing the action may proceed with the action.

SB40,444,25 (e) If a person brings a valid action under this subsection, no person other than the state may intervene or bring a related action while the original action is pending based upon the same facts underlying the pending action.

SB40,445,3 (f) In any action or other proceeding under sub. (10) brought under this subsection, the plaintiff is required to prove all essential elements of the cause of action or complaint, including damages, by a preponderance of the evidence.

SB40,445,8 (6) If the state proceeds with an action under sub. (5) or an alternate remedy under sub. (10), the state has primary responsibility for prosecuting the action or proceeding under sub. (10). The state is not bound by any act of the person bringing the action, but that person has the right to continue as a party to the action, subject to the limitations under sub. (7).

SB40,445,14 (7) (a) The state may move to dismiss an action under sub. (5) or an administrative proceeding under sub. (10) to which the state is a party for good cause shown, notwithstanding objection of the person bringing the action, if that person is served with a copy of the state's motion and is provided with an opportunity to oppose the motion before the court or the administrative agency before which the proceeding is conducted.

SB40,445,22 (b) With the approval of the governor, the attorney general may compromise and settle an action under sub. (5) or an administrative proceeding under sub. (10) to which the state is a party, notwithstanding objection of the person bringing the action, if the court determines, after affording to the person bringing the action the right to a hearing at which the person is afforded the opportunity to present evidence in opposition to the proposed settlement, that the proposed settlement is fair, adequate, and reasonable considering the relevant circumstances pertaining to the violation.

SB40,446,3 (c) Upon a showing by the state that unrestricted participation in the prosecution of an action under sub. (5) or an alternate proceeding to which the state is a party by the person bringing the action would interfere with or unduly delay the prosecution of the action or proceeding, or would result in consideration of repetitious or irrelevant evidence or evidence presented for purposes of harassment, the court may limit the person's participation in the prosecution, such as:

SB40,446,4 1. Limiting the number of witnesses that the person may call.

SB40,446,5 2. Limiting the length of the testimony of the witnesses.

SB40,446,6 3. Limiting the cross-examination of witnesses by the person.

SB40,446,8 4. Otherwise limiting the participation by the person in the prosecution of the action or proceeding.

SB40,446,13 (d) Upon showing by a defendant that unrestricted participation in the prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to which the state is a party by the person bringing the action would result in harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the person's participation in the prosecution.

SB40,446,20 (8) Except as provided in sub. (7), if the state elects not to participate in an action filed under sub. (5), the person bringing the action may prosecute the action. If the attorney general so requests, the attorney general shall, at the state's expense, be served with copies of all pleadings and deposition transcripts in the action. If the person bringing the action initiates prosecution of the action, the court, without limiting the status and rights of that person, may permit the state to intervene at a later date upon showing by the state of good cause for the proposed intervention.

SB40,447,5 (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.

SB40,447,17 (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.

SB40,447,23 (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.

SB40,448,8 (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.

SB40,448,13 (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.

SB40,448,19 (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).

SB40,449,6 (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).

SB40,449,9 (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.

SB40,449,13 (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.

SB40,449,15 (13) The state is not liable for any expenses incurred by a private person in bringing an action under sub. (5).

SB40,450,2 (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.

SB40,450,5 (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.

SB40,450,9 (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.

SB40,450,11 (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.

SB40,450,14 (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.

SB40, s. 636 Section 636. 23.09 (19) (d) of the statutes is amended to read:

SB40,450,19 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.

SB40, s. 637 Section 637. 23.09 (20) (b) of the statutes is amended to read:

SB40,451,6 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.

SB40, s. 638 Section 638. 23.09 (20m) (b) of the statutes is amended to read:

SB40,451,12 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.

SB40, s. 639 Section 639. 23.0917 (3) (a) of the statutes is amended to read:

SB40,451,18 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).

SB40, s. 640 Section 640. 23.0917 (3) (bm) of the statutes is amended to read:

SB40,451,24 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.

SB40, s. 641 Section 641. 23.0917 (3) (br) of the statutes is created to read:

SB40,452,5 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.

SB40, s. 642 Section 642. 23.0917 (3) (dm) 3. of the statutes is created to read:

SB40,452,8 23.0917 (3) (dm) 3. For each fiscal year beginning with 2010-11 and ending with fiscal year 2019-20, $79,000,000.

SB40, s. 643 Section 643. 23.0917 (4) (a) of the statutes is amended to read:

SB40,452,14 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).

SB40, s. 644 Section 644. 23.0917 (4) (d) 1. of the statutes is amended to read:

SB40,452,23 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, 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 2010-11 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).

SB40, s. 645 Section 645. 23.0917 (4) (d) 2. of the statutes is amended to read:

SB40,453,3 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.

SB40, s. 646 Section 646. 23.0917 (4) (d) 2m. of the statutes is created to read:

SB40,453,7 23.0917 (4) (d) 2m. Beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may not obligate more than $14,000,000 in each fiscal year for local assistance.

SB40, s. 647 Section 647. 23.0917 (7) (a) of the statutes is amended to read:

SB40,453,14 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.

SB40, s. 648 Section 648. 23.0917 (12) of the statutes is amended to read:

SB40,453,19 23.0917 (12) Expenditures after June 30, 2010 2020. If the remaining bonding authority for a subprogram under sub. (3) or (4) 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.

SB40, s. 649 Section 649. 23.092 (1) of the statutes is renumbered 23.092 (1m).

SB40, s. 650 Section 650. 23.092 (1b) of the statutes is created to read:

SB40,453,23 23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB40, s. 651 Section 651. 23.092 (2) of the statutes is amended to read:

SB40,454,6 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.

SB40, s. 652 Section 652. 23.092 (4) of the statutes is amended to read:

SB40,454,17 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).

SB40, s. 653 Section 653. 23.094 (3m) of the statutes is amended to read:

SB40,454,20 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.

SB40, s. 654 Section 654. 23.0953 of the statutes is created to read:

SB40,454,24 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).

SB40,455,6 (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).

SB40,455,8 (3) Each county receiving a grant under this section shall provide matching funds that equal at least 50 percent of the acquisition costs.

SB40,455,12 (4) A county unit may not convert the land or the rights in the land acquired using grant moneys awarded under this subsection to a use that is inconsistent with the type of nature-based outdoor recreation for which the grant was awarded without the approval of the natural resources board.

SB40, s. 655 Section 655. 23.096 (2) (b) of the statutes is amended to read:

SB40,455,15 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.

SB40, s. 656 Section 656. 23.096 (2m) of the statutes is created to read:

SB40,455,20 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:

SB40,455,22 (a) That the property is uniquely valuable in conserving the natural resources of the state.

SB40,455,25 (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.

SB40,456,3 (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).

SB40, s. 657 Section 657. 23.15 (1) of the statutes is amended to read:

SB40,456,10 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).

SB40, s. 658 Section 658. 23.197 (10) of the statutes is created to read:

SB40,456,18 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).

SB40, s. 659 Section 659. 23.1985 of the statutes is amended to read:

SB40,457,4 23.1985 Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under s. 20.866 (2) (ta), the department shall set aside $2,000,000 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). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under s. 23.0917 (3).

SB40, s. 660 Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:

SB40,457,10 23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.

SB40, s. 661 Section 661. 23.22 (2) (c) of the statutes is amended to read:

SB40,457,24 23.22 (2) (c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% 75 percent of the costs of projects to control invasive species. The rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients. Eligible projects shall include education and inspection activities at boat landings. The rules shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c). From the appropriation under s. 20.370 (6) (ar), the department shall make available in each fiscal year $1,500,000 for cost-sharing grants to be awarded to local governmental units for the control of invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and $1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.

SB40, s. 662 Section 662. 23.22 (8) of the statutes is created to read:

SB40,458,3 23.22 (8) Penalties. (a) Except as provided in pars. (b) and (c), any person who violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.

SB40,458,7 (b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.