AB50: Bill Text

AB50,369,20 (9) Whether or not the state participates in an action under sub. (5), upon a 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 a 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.

AB50,370,10 (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.

AB50,370,16 (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.

AB50,371,3 (b) Except as provided in par. (e), if an action or claim is one that the court or other adjudicator finds to be based primarily upon disclosures of specific information not provided by the person who brings the action or claim under sub. (5) relating to allegations or transactions specifically disclosed in a criminal, civil, or administrative hearing; legislative or administrative report, hearing, audit, or investigation; or report made by the news media, the court or other adjudicator may award an amount to the person 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.

AB50,371,8 (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.

AB50,371,15 (d) Except as provided in par. (e), if the state does not proceed with an action under sub. (5) 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).

AB50,372,4 (e) Whether or not the state proceeds with an action under sub. (5) 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, or fees under par. (c).

AB50,372,9 (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:

AB50,372,11 (a) In a federal criminal, civil, or administrative hearing in which the state or its agent is a party.

AB50,372,13 (b) In a congressional, government accountability office, or other federal report, hearing, audit, or investigation.

AB50,372,14 (c) From the news media.

AB50,372,16 (13) The state is not liable for any expenses incurred by a private person in bringing an action under sub. (5).

AB50,373,8 (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, or 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.

AB50,373,11 (15) A civil action may be brought under sub. (5) 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.

AB50,373,15 (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.

AB50,373,17 (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.

AB50,373,21 (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 federal False Claims Act and the legislative history of the act.

AB50,433 Section 433. 20.940 of the statutes is repealed.

AB50,434 Section 434. 23.0917 (2) (a) 2. of the statutes is amended to read:

AB50,374,2 23.0917 (2) (a) 2. A subprogram for state property development and local assistance parks and recreation.

AB50,435 Section 435. 23.0917 (2) (a) 3m. of the statutes is amended to read:

AB50,374,5 23.0917 (2) (a) 3m. A subprogram for recreational boating aids local recreation boat facilities.

AB50,436 Section 436. 23.0917 (3) (a) of the statutes is amended to read:

AB50,374,11 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26 2035-36, 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).

AB50,437 Section 437. 23.0917 (3) (br) 3. of the statutes is created to read:

AB50,374,14 23.0917 (3) (br) 3. For each fiscal year beginning with 2026-27 and ending with 2035-36, $14,000,000.

AB50,438 Section 438. 23.0917 (3) (bt) 4. of the statutes is created to read:

AB50,374,17 23.0917 (3) (bt) 4. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, $1,000,000.

AB50,439 Section 439. 23.0917 (3) (bw) 2. of the statutes is amended to read:

AB50,374,23 23.0917 (3) (bw) 2. In obligating moneys under the subprogram for land acquisition, for each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department shall set aside the amount transferred to the capital improvement fund under s. 20.370 (5) (hr), 2023 stats., in that fiscal year to be obligated only to provide grants to counties under s. 23.0953.

AB50,440 Section 440. 23.0917 (3) (c) 8. of the statutes is created to read:

AB50,375,2 23.0917 (3) (c) 8. Grants under s. 23.0952 to acquire land for recreational vehicle trails.

AB50,441 Section 441. 23.0917 (3) (dm) 9. of the statutes is created to read:

AB50,375,5 23.0917 (3) (dm) 9. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, $15,000,000.

AB50,442 Section 442. 23.0917 (4) (title), (a) and (b) (intro.) of the statutes are amended to read:

AB50,375,13 23.0917 (4) (title) Property State property development and local assistance parks and recreation subprogram. (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2025-26 2035-36, the department may obligate moneys under the subprogram for state property development and local assistance parks and recreation. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

AB50,375,16 (b) (intro.) The purposes for which moneys may be obligated for local assistance under the subprogram for state property development and local assistance parks and recreation are the following:

AB50,443 Section 443. 23.0917 (4) (b) 5. of the statutes is created to read:

AB50,375,19 23.0917 (4) (b) 5. Grants under s. 23.0952 for construction of recreational vehicle trail crossings for interchange projects.

AB50,444 Section 444. 23.0917 (4) (c) (intro.) and (cm) (intro.) of the statutes are amended to read:

AB50,375,24 23.0917 (4) (c) (intro.) The purposes for which moneys may be obligated for property development under the subprogram for state property development and local assistance parks and recreation are the following:

AB50,376,4 (cm) (intro.) Notwithstanding the purposes for which the department is authorized to obligate moneys under pars. (a), (b), and (c), the department may obligate moneys under the subprogram for state property development and local assistance parks and recreation for any of the following purposes:

AB50,445 Section 445. 23.0917 (4) (d) (intro.) of the statutes is amended to read:

AB50,376,8 23.0917 (4) (d) (intro.) In obligating moneys under the subprogram for state property development and local assistance parks and recreation, all of the following shall apply:

AB50,446 Section 446. 23.0917 (4) (d) 1m. g. of the statutes is created to read:

AB50,376,11 23.0917 (4) (d) 1m. g. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, $51,500,000.

AB50,447 Section 447. 23.0917 (4) (d) 2m. c. of the statutes is created to read:

AB50,376,15 23.0917 (4) (d) 2m. c. Beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, the department shall obligate $36,050,000 in each fiscal year for local assistance.

AB50,448 Section 448. 23.0917 (4) (d) 3. d. of the statutes is created to read:

AB50,376,18 23.0917 (4) (d) 3. d. Beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, $15,450,000.

AB50,449 Section 449. 23.0917 (4) (e) (intro.) of the statutes is amended to read:

AB50,376,22 23.0917 (4) (e) (intro.) Beginning with fiscal year 2022-23 and ending with fiscal year 2025-26 2035-36, of the amounts obligated for property development, the department shall set aside the following amounts for the following purposes:

AB50,450 Section 450. 23.0917 (4) (e) 1. of the statutes is amended to read:

AB50,377,2 23.0917 (4) (e) 1. For grants under s. 23.098, $500,000 $2,500,000 in each fiscal year.

AB50,451 Section 451. 23.0917 (4j) (title) of the statutes is repealed and recreated to read:

AB50,377,5 23.0917 (4j) (title) Local recreation boat facilities.

AB50,452 Section 452. 23.0917 (4j) (b) of the statutes is amended to read:

AB50,377,18 23.0917 (4j) (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 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. For each fiscal year beginning with fiscal year 2022-23 and ending with fiscal year 2025-26, the department cannot obligate more than $3,000,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, the department may not obligate more than $9,000,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

AB50,453 Section 453. 23.0917 (5g) (a) of the statutes is amended to read:

AB50,378,2 23.0917 (5g) (a) Except as provided in pars. (b) to (j), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2025-26 2035-36.

AB50,454 Section 454. 23.0917 (7) (e) 3. of the statutes is created to read:

AB50,378,5 23.0917 (7) (e) 3. Subdivision 1. does not apply beginning with fiscal year 2026-27.

AB50,455 Section 455. 23.0917 (8) (f) 2. of the statutes is amended to read:

AB50,378,10 23.0917 (8) (f) 2. Beginning with fiscal year 2013-14 and ending with fiscal year 2025-26, of the amount set aside for a given fiscal year under sub. (3) (bt), not more than one-third of that amount may be obligated for the purpose of the acquisition of land by the department.

AB50,456 Section 456. 23.0917 (12) of the statutes is amended to read:

AB50,378,13 23.0917 (12) Expenditures after 2026. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2026 2036.

AB50,457 Section 457. 23.0952 of the statutes is created to read:

AB50,378,15 23.0952 Motorized recreation grants. (1) In this section:

AB50,378,16 (a) “All-terrain vehicle trail” has the meaning given in s. 23.33 (1) (d).

AB50,378,17 (b) “Land” means land in fee simple or an easement.

AB50,378,18 (c) “Off-highway motorcycle trail” has the meaning given in s. 23.335 (1) (v).

AB50,378,22 (d) “Recreational vehicle club” means an all-terrain vehicle club, as defined under s. 23.33 (1) (bc), a utility terrain vehicle club, as defined under s. 23.33 (1) (nh), an off-highway motorcycle association, as defined under s. 23.335 (1) (qm), or a snowmobile club, as defined under s. 350.12 (3j) (bg) 1.

AB50,378,23 (e) “Snowmobile trail” has the meaning given in s. 350.01 (17).

AB50,379,3 (2) Beginning with fiscal year 2026-27 and ending with fiscal year 2035-36, the department shall establish a grant program under which the department may award a grant to a county, city, village, town, or recreational vehicle club for any of the following purposes:

AB50,379,5 (a) To acquire land for the purpose of establishing an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail.

AB50,379,7 (b) To construct a trail crossing for an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail as part of an interchange project.

AB50,379,14 (3) Grants under this section shall be awarded from the appropriation under s. 20.866 (2) (ta), and the department shall allocate a total of $5,000,000 in each fiscal year beginning with fiscal year 2026-27 for these grants. For purposes of s. 23.0917, grants awarded under sub. (2) (a) to acquire land shall be treated as moneys obligated from the subprogram under s. 23.0917 (3) and grants awarded under sub. (2) (b) for the construction of trail crossings shall be treated as moneys obligated from the subprogram under s. 23.0917 (4).

AB50,379,18 (4) A grant recipient 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 trail for which the grant was awarded unless the natural resources board approves the conversion.

AB50,458 Section 458. 23.096 (title) of the statutes is amended to read:

AB50,379,21 23.096 (title) Grants Stewardship grants to nonprofit conservation organizations.

AB50,459 Section 459. 23.096 (2m) (intro.) of the statutes is amended to read:

AB50,380,3 23.096 (2m) (intro.) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2025-26 2035-36, 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:

AB50,460 Section 460. 23.0961 of the statutes is created to read:

AB50,380,7 23.0961 Grants to nonprofit conservation organizations. The department may award grants from the appropriation under s. 20.370 (5) (ha) to nonprofit conservation organizations to support wildlife and habitat management.

AB50,461 Section 461. 23.0966 of the statutes is created to read:

AB50,380,13 23.0966 Tribal co-management program. The department shall establish a program under which it coordinates with the federally recognized American Indian tribes or bands domiciled in this state in the management of education infrastructure, land management activities, and other activities on department land, as defined under s. 23.0917 (1) (c).

AB50,462 Section 462. 23.098 (2) of the statutes is amended to read:

AB50,380,19 23.098 (2) The department shall establish a program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than $500,000 $2,500,000 in each fiscal year for these grants.

AB50,463 Section 463. 23.098 (4) (b) of the statutes is amended to read: