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(b) Except as provided in par. (e), if an action or claim is one in which the court
24or other adjudicator finds to be based primarily upon disclosures of specific
25information not provided by the person who brings an action under sub. (5) relating
1to allegations or transactions specifically in a criminal, civil, or administrative
2hearing, or in a legislative or administrative report, hearing, audit, or investigation,
3or report made by the news media, the court or other adjudicator may award such
4amount as it considers appropriate, but not more than 10 percent of the proceeds of
5the action or settlement of the claim, depending upon the significance of the
6information and the role of the person bringing the action in advancing the
7prosecution of the action or claim.
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(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
10reasonable expenses necessarily incurred in bringing the action together with the
11person's costs and reasonable actual attorney fees. The court or other adjudicator
12shall assess any award under this paragraph against the defendant.
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(d) Except as provided in par. (e), if the state does not proceed with an action
14or an alternate proceeding under sub. (10), the person bringing the action shall
15receive an amount that the court decides is reasonable for collection of the civil
16penalty and damages. The amount shall be not less than 25 percent and not more
17than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
18addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
AB56,425,519
(e) Whether or not the state proceeds with the action or an alternate proceeding
20under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
21was brought by a person who planned or initiated the violation upon which the action
22or proceeding is based, then the court may, to the extent that the court considers
23appropriate, reduce the share of the proceeds of the action that the person would
24otherwise receive under par. (a), (b), or (d), taking into account the role of that person
25in advancing the prosecution of the action or claim and any other relevant
1circumstance pertaining to the violation, except that if the person bringing the action
2is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
3the court or other adjudicator shall dismiss the person as a party and the person shall
4not receive any share of the proceeds of the action or claim or any expenses, costs, and
5fees under par. (c).
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6(12) Except if the action is brought by the attorney general or the person
7bringing the action is an original source of the information, the court shall dismiss
8an action or claim under this section, unless opposed by the state, if substantially the
9same allegations or transactions as alleged in the action or claim were publicly
10disclosed in any of the following ways:
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(a) In a federal criminal, civil, or administrative hearing in which the state or
12its agent is a party.
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(b) In a congressional, government accountability office, or other federal report,
14hearing, audit, or investigation.
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(c) From the news media.
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16(13) The state is not liable for any expenses incurred by a private person in
17bringing an action under sub. (5).
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18(14) Any employee, contractor, or agent who is discharged, demoted,
19suspended, threatened, harassed, or in any other manner discriminated against in
20the terms and conditions of employment because of lawful actions taken by the
21employee, contractor, agent, or by others in furtherance of an action or claim filed
22under this section or on behalf of the employee, contractor, or agent, including
23investigation for, initiation of, testimony for, or assistance in an action or claim filed
24or to be filed under sub. (5) is entitled to all necessary relief to make the employee,
25contractor, or agent whole. Such relief shall in each case include reinstatement with
1the same seniority status that the employee, contractor, or agent would have had but
2for the discrimination, 2 times the amount of back pay, interest on the back pay at
3the legal rate, and compensation for any special damages sustained as a result of the
4discrimination, including costs and reasonable attorney fees. An employee,
5contractor, or agent may bring an action to obtain the relief to which the employee,
6contractor, or agent is entitled under this subsection within 3 years after the date the
7retaliation occurred.
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8(15) A civil action may be brought based upon acts occurring prior to the
9effective date of this subsection .... [LRB inserts date], if the action is brought within
10the period specified in s. 893.9815.
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11(16) A judgment of guilty entered against a defendant in a criminal action in
12which the defendant is charged with fraud or making false statements estops the
13defendant 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.
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15(17) The remedies provided for under this section are in addition to any other
16remedies provided for under any other law or available under the common law.
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17(18) This section shall be liberally construed and applied to promote the public
18interest and to effect the congressional intent in enacting
31 USC 3729 to
3733, as
19reflected in the act and the legislative history of the act.
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20Section
318. 20.940 of the statutes is repealed.
AB56,319
21Section
319. 23.09 (2) (d) (intro.) of the statutes is amended to read:
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23.09
(2) (d)
Lands, acquisition. (intro.) Acquire by purchase, lease or
23agreement, and receive by gifts or devise, lands or waters suitable for the purposes
24enumerated in this paragraph, and maintain such lands and waters for such
25purposes; and
, except for the purpose specified under subd. 12., may condemn lands
1or waters suitable for such purposes after obtaining approval of the appropriate
2standing committees of each house of the legislature as determined by the presiding
3officer thereof:
AB56,320
4Section 320
. 23.0915 (2c) (d) of the statutes is amended to read:
AB56,427,65
23.0915
(2c) (d) No moneys may be committed for expenditure from the
6appropriation under s. 20.866 (2) (tz) after June 30,
2020 2022.
AB56,321
7Section 321
. 23.0917 (3) (a) of the statutes is amended to read:
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23.0917
(3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year
92019-20 2021-22, the department may obligate moneys under the subprogram for
10land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and
11grants 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).
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13Section 322
. 23.0917 (3) (bm) of the statutes is amended to read:
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23.0917
(3) (bm) During the period beginning with fiscal year 2001-02 and
15ending with fiscal year
2019-20 2021-22, in obligating money under the subprogram
16for land acquisition, the department shall set aside not less than a total of $ 2,000,000
17that may be obligated only to provide matching funds for grants awarded to the
18department for the purchase of land or easements under
16 USC 2103c.
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19Section 323
. 23.0917 (3) (br) 2. of the statutes is amended to read:
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23.0917
(3) (br) 2. For each fiscal year beginning with 2015-16 and ending with
212019-20 2021-22, $7,000,000.
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22Section 324
. 23.0917 (3) (bt) 2. of the statutes is amended to read:
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23.0917
(3) (bt) 2. For each fiscal year beginning with 2015-16 and ending with
24fiscal year
2019-20 2021-22, $9,000,000.
AB56,325
25Section 325
. 23.0917 (3) (bw) of the statutes is amended to read: