(bm) Any complaint filed by the state in intervention, whether filed separately 15
or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing 16
date of the qui tam plaintiff's complaint, to the extent that the state's claim arises 17
out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, 18
in the qui tam plaintiff's complaint.
(c) The attorney general may, for good cause shown, move the court for one or 20
more extensions of the period during which a complaint in an action under this 21
subsection remains under seal.
(d) Before the expiration of the period during which the complaint remains 23
under seal, the attorney general shall do one of the following:
1. Proceed with the action or an alternate remedy under sub. (10), in which case 25
the action or proceeding under sub. (10) shall be prosecuted by the state.
2. Notify the court that he or she declines to proceed with the action, in which 2
case the person bringing the action may proceed with the action.
(e) If a person brings a valid action under this subsection, no person other than 4
the state may intervene or bring a related action while the original action is pending 5
based upon the same facts underlying the pending action.
(f) In any action or other proceeding under sub. (10) brought under this 7
subsection, the plaintiff is required to prove all essential elements of the cause of 8
action or complaint, including damages, by a preponderance of the evidence.
If the state proceeds with an action under sub. (5) or an alternate remedy 10
under sub. (10), the state has primary responsibility for prosecuting the action or 11
proceeding under sub. (10). The state is not bound by any act of the person bringing 12
the action, but that person has the right to continue as a party to the action.
(b) With the approval of the governor, the attorney general may compromise 14
and settle an action under sub. (5) or an administrative proceeding under sub. (10) 15
to which the state is a party, notwithstanding objection of the person bringing the 16
action, if the court determines, after affording to the person bringing the action the 17
right to a hearing at which the person is afforded the opportunity to present evidence 18
in opposition to the proposed settlement, that the proposed settlement is fair, 19
adequate, and reasonable considering the relevant circumstances pertaining to the 20
(c) Upon a showing by the state that unrestricted participation in the 22
prosecution of an action under sub. (5) or an alternate proceeding to which the state 23
is a party by the person bringing the action would interfere with or unduly delay the 24
prosecution of the action or proceeding, or would result in consideration of
repetitious or irrelevant evidence or evidence presented for purposes of harassment, 2
the court may limit the person's participation in the prosecution, such as:
1. Limiting the number of witnesses that the person may call.
2. Limiting the length of the testimony of the witnesses.
3. Limiting the cross-examination of witnesses by the person.
4. Otherwise limiting the participation by the person in the prosecution of the 7
action or proceeding.
(d) Upon showing by a defendant that unrestricted participation in the 9
prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to 10
which the state is a party by the person bringing the action would result in 11
harassment or would cause the defendant undue burden or unnecessary expense, the 12
court may limit the person's participation in the prosecution.
Except as provided in sub. (7), if the state elects not to participate in an 14
action filed under sub. (5), the person bringing the action may prosecute the action. 15
If the attorney general so requests, the attorney general shall, at the state's expense, 16
be served with copies of all pleadings and deposition transcripts in the action. If the 17
person bringing the action initiates prosecution of the action, the court, without 18
limiting the status and rights of that person, may permit the state to intervene at a 19
later date upon showing by the state of good cause for the proposed intervention.
Whether or not the state participates in an action under sub. (5), upon 21
showing in camera by the attorney general that discovery by the person bringing the 22
action would interfere with the state's ongoing investigation or prosecution of a 23
criminal or civil matter arising out of the same facts as the facts upon which the 24
action is based, the court may stay such discovery in whole or in part for a period of 25
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 2
criminal or civil investigation of the matter with reasonable diligence and the 3
proposed discovery in the action brought under sub. (5) will interfere with the 4
ongoing criminal or civil investigation or prosecution.
The attorney general may pursue a claim relating to an alleged violation 6
of sub. (2) through an alternate remedy available to the state or any state agency, 7
including an administrative proceeding to assess a civil forfeiture. If the attorney 8
general elects any such alternate remedy, the attorney general shall serve timely 9
notice of his or her election upon the person bringing the action under sub. (5), and 10
that person has the same rights in the alternate venue as the person would have had 11
if the action had continued under sub. (5). Any finding of fact or conclusion of law 12
made by a court or by a state agency in the alternate venue that has become final is 13
conclusive upon all parties named in an action under sub. (5). For purposes of this 14
subsection, a finding or conclusion is final if it has been finally determined on appeal, 15
if all time for filing an appeal or petition for review with respect to the finding or 16
conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(a) Except as provided in pars. (b) and (e), if the state proceeds with an 18
action brought by a person under sub. (5) or the state pursues an alternate remedy 19
relating to the same acts under sub. (10), the person who brings the action shall 20
receive at least 15 percent but not more than 25 percent of the proceeds of the action 21
or settlement of the claim, depending upon the extent to which the person 22
contributed to the prosecution of the action or claim.
(b) Except as provided in par. (e), if an action or claim is one in which the court 24
or other adjudicator finds to be based primarily upon disclosures of specific 25
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 2
hearing, or in a legislative or administrative report, hearing, audit, or investigation, 3
or report made by the news media, the court or other adjudicator may award such 4
amount as it considers appropriate, but not more than 10 percent of the proceeds of 5
the action or settlement of the claim, depending upon the significance of the 6
information and the role of the person bringing the action in advancing the 7
prosecution of the action or claim.
(c) Except as provided in par. (e), in addition to any amount received under par. 9
(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her 10
reasonable expenses necessarily incurred in bringing the action together with the 11
person's costs and reasonable actual attorney fees. The court or other adjudicator 12
shall assess any award under this paragraph against the defendant.
(d) Except as provided in par. (e), if the state does not proceed with an action 14
or an alternate proceeding under sub. (10), the person bringing the action shall 15
receive an amount that the court decides is reasonable for collection of the civil 16
penalty and damages. The amount shall be not less than 25 percent and not more 17
than 30 percent of the proceeds of the action and shall be paid from the proceeds. In 18
addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
(e) Whether or not the state proceeds with the action or an alternate proceeding 20
under sub. (10), if the court or other adjudicator finds that an action under sub. (5) 21
was brought by a person who planned or initiated the violation upon which the action 22
or proceeding is based, then the court may, to the extent that the court considers 23
appropriate, reduce the share of the proceeds of the action that the person would 24
otherwise receive under par. (a), (b), or (d), taking into account the role of that person 25
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 2
is convicted of criminal conduct arising from his or her role in a violation of sub. (2), 3
the court or other adjudicator shall dismiss the person as a party and the person shall 4
not receive any share of the proceeds of the action or claim or any expenses, costs, and 5
fees under par. (c).
Except if the action is brought by the attorney general or the person 7
bringing the action is an original source of the information, the court shall dismiss 8
an action or claim under this section, unless opposed by the state, if substantially the 9
same allegations or transactions as alleged in the action or claim were publicly 10
disclosed in any of the following ways:
(a) In a federal criminal, civil, or administrative hearing in which the state or 12
its agent is a party.
(b) In a congressional, government accountability office, or other federal report, 14
hearing, audit, or investigation.
(c) From the news media.
The state is not liable for any expenses incurred by a private person in 17
bringing an action under sub. (5).
Any employee, contractor, or agent who is discharged, demoted, 19
suspended, threatened, harassed, or in any other manner discriminated against in 20
the terms and conditions of employment because of lawful actions taken by the 21
employee, contractor, agent, or by others in furtherance of an action or claim filed 22
under this section or on behalf of the employee, contractor, or agent, including 23
investigation for, initiation of, testimony for, or assistance in an action or claim filed 24
or to be filed under sub. (5) is entitled to all necessary relief to make the employee, 25
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 2
for the discrimination, 2 times the amount of back pay, interest on the back pay at 3
the legal rate, and compensation for any special damages sustained as a result of the 4
discrimination, including costs and reasonable attorney fees. An employee, 5
contractor, or agent may bring an action to obtain the relief to which the employee, 6
contractor, or agent is entitled under this subsection within 3 years after the date the 7
A civil action may be brought based upon acts occurring prior to the 9
effective date of this subsection .... [LRB inserts date], if the action is brought within 10
the period specified in s. 893.9815.
A judgment of guilty entered against a defendant in a criminal action in 12
which the defendant is charged with fraud or making false statements estops the 13
defendant from denying the essential elements of the offense in any action under sub. 14
(5) that involves the same elements as in the criminal action.
The remedies provided for under this section are in addition to any other 16
remedies provided for under any other law or available under the common law.
This section shall be liberally construed and applied to promote the public 18
interest and to effect the congressional intent in enacting 31 USC 3729
, as 19
reflected in the act and the legislative history of the act.
20.940 of the statutes is repealed.
23.09 (2) (d) (intro.) of the statutes is amended to read:
(d) Lands, acquisition.
(intro.) Acquire by purchase, lease or 23
agreement, and receive by gifts or devise, lands or waters suitable for the purposes 24
enumerated in this paragraph, and maintain such lands and waters for such 25
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 2
standing committees of each house of the legislature as determined by the presiding 3
23.0915 (2c) (d) of the statutes is amended to read:
(d) No moneys may be committed for expenditure from the 6
appropriation under s. 20.866 (2) (tz) after June 30, 2020 2022
23.0917 (3) (a) of the statutes is amended to read:
(a) Beginning with fiscal year 2000-01 and ending with fiscal year
, the department may obligate moneys under the subprogram for 10
land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and 11
grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), 12
(3m) (b), (7m), and (8) and 23.198 (1) (a).
23.0917 (3) (bm) of the statutes is amended to read:
(bm) During the period beginning with fiscal year 2001-02 and 15
ending with fiscal year 2019-20 2021-22
, in obligating money under the subprogram 16
for land acquisition, the department shall set aside not less than a total of $ 2,000,000 17
that may be obligated only to provide matching funds for grants awarded to the 18
department for the purchase of land or easements under 16 USC 2103c
23.0917 (3) (br) 2. of the statutes is amended to read:
(br) 2. For each fiscal year beginning with 2015-16 and ending with 212019-20 2021-22
23.0917 (3) (bt) 2. of the statutes is amended to read:
(bt) 2. For each fiscal year beginning with 2015-16 and ending with 24
fiscal year 2019-20 2021-22
23.0917 (3) (bw) of the statutes is amended to read:
(bw) In obligating moneys under the subprogram for land 2
acquisition, the department shall set aside $5,000,000 for each fiscal year beginning 3
with 2015-16 and ending with 2019-20 2021-22
to be obligated only to provide 4
grants to counties under s. 23.0953.
23.0917 (3) (dm) 7. of the statutes is amended to read:
(dm) 7. For each fiscal year beginning with 2015-16 and ending 7
with fiscal year 2019-20 2021-22
23.0917 (4) (a) of the statutes is amended to read:
(a) Beginning with fiscal year 2000-01 and ending with fiscal year
, the department may obligate moneys under the subprogram for 11
property development and local assistance. Moneys obligated under this 12
subprogram may be only used for nature-based outdoor recreation, except as 13
provided under par. (cm).
23.0917 (4) (d) 1m. e. of the statutes is amended to read:
(d) 1m. e. For each fiscal year beginning with 2015-16 and ending 16
with fiscal year 2019-20 2021-22
23.0917 (4) (d) 2r. of the statutes is amended to read:
(d) 2r. Beginning with fiscal year 2013-14 and ending with fiscal 19
year 2019-20 2021-22
, the department shall obligate $6,000,000 in each fiscal year 20
for local assistance.
23.0917 (4) (d) 3. a. and b. of the statutes are amended to read:
(d) 3. a. Beginning with fiscal year 2013-14 and ending with fiscal 23
year 2014-15, $7,000,000 in each fiscal year
b. Beginning with fiscal year 2015-16 and ending with fiscal year
, $3,750,000 in each fiscal year
23.0917 (4j) (b) of the statutes is amended to read:
(b) For fiscal year 2007-08, the department may not obligate more 3
than $1,500,000 for cost-sharing with local governmental units for recreational 4
boating projects under s. 30.92. For each fiscal year beginning with fiscal year 5
2008-09 and ending with fiscal year 2019-20
, the department may not 6
obligate more than $2,500,000 for cost-sharing with local governmental units for 7
recreational boating projects under s. 30.92.
23.0917 (5g) (a) of the statutes is amended to read:
(a) Except as provided in pars. (b), (c), (d), and (e), if for a given 10
fiscal year, the department obligates an amount from the moneys appropriated 11
under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the 12
annual bonding authority under that subprogram for that given fiscal year, the 13
department may not obligate the unobligated amount in subsequent fiscal years. 14
This subsection applies beginning with fiscal year 2011-12 and ending with fiscal 15
year 2019-20 2021-22
23.0917 (12) of the statutes is amended to read:
23.0917 (12) Expenditures after
No moneys may be obligated from 18
the appropriation under s. 20.866 (2) (ta) after June 30, 2020 2022
23.0953 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Beginning with fiscal year 2010-11 and ending with 21
fiscal year 2019-20 2021-22
, the department shall establish a grant program under 22
which the department may award a grant to a county for any of the following:
23.096 (2m) (intro.) of the statutes is amended to read:
(intro.) Notwithstanding sub. (2) (b), in each fiscal year beginning 25
with fiscal year 2010-11 and ending with fiscal year 2019-20 2021-22
department may award grants under this section that equal up to 75 percent of the 2
acquisition costs of the property if the natural resources board determines that all 3
of the following apply:
25.17 (1) (ge) of the statutes is repealed.
25.17 (1) (xp) of the statutes is repealed.
25.36 (1) of the statutes is amended to read:
Except as provided in sub. (2), all moneys appropriated or transferred 8
by law shall constitute the veterans trust fund which shall be used for the lending
9of money to the mortgage loan repayment fund under s. 45.37 (5) (a) 12. and for the 10
veterans programs under ss. 20.485 (2) (m), (tm), (u), and (z), and (5) (mn), (v), (vo), 11
and (zm), 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1m), 45.41, 45.42, 45.43, and 45.82 12
and administered by the department of veterans affairs, including all moneys 13
received from the federal government for the benefit of veterans or their dependents, 14
and for the veteran grant jobs pilot program under s. 38.31 administered by the 15
technical college system board; all moneys paid as interest on and repayment of loans 16
under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans 17
housing funds as they existed prior to July 1, 1961; all moneys paid as interest on 18
and repayment of loans under this fund; all moneys paid as expenses for, interest on, 19
and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; 20
all moneys paid as expenses for, interest on, and repayment of veterans personal 21
loans; the net proceeds from the sale of mortgaged properties related to veterans 22
personal loans; all mortgages issued with the proceeds of the 1981 veterans home 23
loan revenue bond issuance purchased with moneys in the veterans trust fund; all 24
moneys received from the state investment board under s. 45.42 (8) (b); all moneys
25received from the veterans mortgage loan repayment fund under s. 45.37 (7) (a) and
and all gifts of money received by the board of veterans affairs for the purposes 2
of this fund.
25.43 (3) of the statutes is amended to read:
Except for the purpose of investment as provided in s. 25.17 (2) (d), 5
the environmental improvement fund may be used only for the purposes authorized 6
under ss. 20.320 (1) (r), (s), (sm), (t), and (x) and (2) (r),
and (x), 20.370 (4) (mt), 7
(mx) and (nz), (8) (mr) and (9) (mt), (mx) and (ny), 20.505 (1) (v), (x) and (y), 281.58, 8
281.59, 281.60, 281.61, 281.62, and 283.31.
25.47 (4m) of the statutes is amended to read:
The payments under s. 292.64 168.225
25.79 of the statutes is repealed.
27.01 (2) (a) of the statutes is amended to read:
(a) Acquire by purchase, lease or agreement lands or waters suitable 14
for state park purposes and may acquire such lands and waters by condemnation 15
after obtaining approval of the senate and assembly committees on natural 16
resources. The power of condemnation may not be used for the purpose of
17establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
18(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
19346.02 (8) (a).
27.019 (10) of the statutes is amended to read:
27.019 (10) Acquisition of land.
Any county in which there does not exist a 22
county park commission acting through its rural planning committee may acquire 23
by gift, grant, devise, donation, purchase, condemnation or otherwise, with the 24
consent of the county board, a sufficient tract or tracts of land for the reservation for 25
public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
places of special historic interest, memorial grounds, parks, playgrounds, sites for 2
public buildings, and reservations in and about and along and leading to any or all 3
of the same, and to develop and maintain the same for public use.
The power of
4condemnation may not be used for the purpose of establishing or extending a
5recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
6in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
27.05 (3) of the statutes is amended to read:
Acquire, in the name of the county, by purchase, land contract, lease, 9
condemnation, or otherwise, with the approval and consent of the county board, such 10
tracts of land or public ways as it deems suitable for park purposes; including lands 11
in any other county not more than three-fourths of a mile from the county line; but 12
no land so acquired shall be disposed of by the county without the consent of said 13
commission, and all moneys received for any such lands, or any materials, so 14
disposed of, shall be paid into the county park fund hereinafter established. The
15power of condemnation may not be used for the purpose of establishing or extending
16a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
17defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
27.065 (1) (a) of the statutes is amended to read:
(a) The county board of any county which shall have adopted a 20
county system of parks or a county system of streets and parkways, pursuant to s. 21
27.04, may acquire the lands necessary for carrying out all or part of such plan by 22
gift, purchase, condemnation or otherwise; provided, however, that no lands shall be 23
acquired by condemnation unless and until the common council of the city or the 24
board of trustees of the village or the board of supervisors of the town wherein such 25
land is situated shall consent thereto. The power of condemnation may not be used
1for the purpose of establishing or extending a recreational trail; a bicycle way, as
2defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
3way, as defined in s. 346.02 (8) (a).
The cost of acquiring such lands by purchase or 4
condemnation may be paid in whole or in part by the county or by the property to be 5
benefited thereby, as the county board shall direct but in no case shall the amount 6
assessed to any parcel of real estate exceed the benefits accruing thereto; provided, 7
that no assessment for paying the cost of acquiring lands may be levied or collected 8
against the property to be benefited until the governing body of the city, village or 9
town where such lands are located has by resolution determined that the public 10
welfare will be promoted thereby. Title to all lands acquired hereunder shall be an 11
estate in fee simple.