LRB-0131/1
RCT:bjk:md
2009 - 2010 LEGISLATURE
March 12, 2010 - Introduced by Representative Black. Referred to Committee on
Natural Resources.
AB849,1,3 1An Act to amend 814.245 (2) (d); and to create 18.13 (4g), 165.07, 165.075 and
2165.076 of the statutes; relating to: creating a public intervenor in the
3Department of Justice and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the attorney general to appoint an assistant attorney general
to serve as the public intervenor. The bill authorizes the public intervenor to formally
commence or intervene in proceedings before any court whenever intervention is
necessary to protect the public rights in water and other natural resources of this
state and requires the public intervenor to intervene in those matters when
requested to do so by a division administrator in the Department of Natural
Resources (DNR).
The bill authorizes the public intervenor to act as an interested party in actions
in which he or she intervenes, with the power to present evidence, subpoena
witnesses, cross-examine witnesses, file briefs, and do any other acts appropriate for
a party to the proceedings.
The bill also authorizes the public intervenor to appeal administrative rulings
to the courts.
The bill requires DNR personnel to notify the public intervenor of all
administrative proceedings under the environmental protection chapters and to
make investigations, studies, and reports to assist the public intervenor either before
or during any formal intervention.
The bill also requires the attorney general to appoint a Public Intervenor
Advisory Council consisting of seven to nine members who have backgrounds in or

demonstrated experience or records relating to environmental protection or natural
resource conservation. In addition, at least one member must have working
knowledge of business and at least one member must have working knowledge of
agriculture. The advisory council must hold open, publicized meetings and must
advise the public intervenor consistent with his or her duties.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB849, s. 1 1Section 1. 18.13 (4g) of the statutes is created to read:
AB849,2,42 18.13 (4g) Public intervenor. Notwithstanding s. 165.075, the public
3intervenor may not initiate any action or proceeding concerning the issuance of
4obligations by the building commission under this chapter.
AB849, s. 2 5Section 2. 165.07 of the statutes is created to read:
AB849,2,11 6165.07 Assistant attorney general — public intervenor. (1) The attorney
7general shall designate an assistant attorney general on the attorney general's staff
8as public intervenor. The head of each agency responsible for proceedings under chs.
930, 31, and 281 to 299, shall give notice of those proceedings to the public intervenor,
10to the administrators of divisions primarily assigned the departmental functions
11under chs. 29 and 281 to 299, and to the natural areas preservation council.
AB849,2,18 12(2) The public intervenor shall formally intervene in proceedings described in
13sub. (1) when requested to do so by an administrator of a division primarily assigned
14the departmental functions under chs. 29 or 281 to 299. The public intervenor may,
15on the public intervenor's own initiative or upon request of any committee of the
16legislature, formally intervene in proceedings described in sub. (1) whenever that
17intervention is needed for the protection of public rights in water and other natural
18resources, as provided in chs. 30 and 31 and defined by the supreme court.
AB849,3,12
1(3) Personnel of the department of natural resources shall, upon the request
2of the public intervenor, make any investigations, studies, and reports that the public
3intervenor requests in connection with proceedings described in sub. (1), either
4before or after formal intervention. Personnel of state agencies shall, at the public
5intervenor's request, provide information, serve as witnesses in proceedings
6described in sub. (1), and otherwise cooperate in carrying out the public intervenor's
7intervention functions. The public intervenor shall formally intervene by filing a
8statement to that effect with the examiner or other person immediately in charge of
9the proceeding. Upon that filing, the public intervenor shall be considered a party
10in interest with full power to present evidence, subpoena and cross-examine
11witnesses, submit proof, file briefs, or do any other acts appropriate for a party to the
12proceedings.
AB849,3,18 13(4) The public intervenor may appeal from administrative rulings to the courts.
14In all administrative proceedings and judicial review proceedings, the public
15intervenor shall be identified as "public intervenor." This section does not preclude
16or prevent any division of the department of natural resources, or any other
17department or independent agency, from appearing by its staff as a party in any
18proceedings.
AB849, s. 3 19Section 3. 165.075 of the statutes is created to read:
AB849,3,24 20165.075 Assistant attorney general; public intervenor; authority. In
21carrying out his or her duty to protect public rights in water and other natural
22resources, the public intervenor may initiate actions and proceedings before any
23agency or court in order to raise issues, including issues concerning constitutionality,
24present evidence and testimony, and make arguments.
AB849, s. 4 25Section 4. 165.076 of the statutes is created to read:
AB849,4,12
1165.076 Assistant attorney general; public intervenor; advisory
2council.
The attorney general shall appoint a public intervenor advisory council
3under s. 15.04 (1) (c). The public intervenor advisory council shall consist of not less
4than 7 nor more than 9 members. The attorney general may only appoint members
5who have backgrounds in or demonstrated experience or records relating to
6environmental protection or natural resource conservation. The attorney general
7shall appoint at least one member who has working knowledge in business and at
8least one member who has working knowledge in agriculture. The public intervenor
9advisory council shall advise the public intervenor consistent with his or her duty to
10protect public rights in water and other natural resources. The public intervenor
11advisory council shall conduct meetings consistent with subch. V of ch. 19 and shall
12permit public participation and public comment on public intervenor activities.
AB849, s. 5 13Section 5. 814.245 (2) (d) of the statutes is amended to read:
AB849,4,1514 814.245 (2) (d) "State agency" does not include the public intervenor or citizens
15utility board.
AB849, s. 6 16Section 6. Fiscal change.
AB849,4,2217 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
18to the department of justice under section 20.455 (1) (a) of the statutes, as affected
19by the acts of 2009, the dollar amount is increased by $123,400 for the second fiscal
20year of the fiscal biennium in which this subsection takes effect to increase the
21authorized FTE positions for the department by 1.0 GPR attorney position and 1.0
22legal secretary position for the public intervenor and for related costs.
AB849, s. 7 23Section 7. Effective date.
AB849,5,2
1(1) This act takes effect on July 1, 2010, or on the day after publication,
2whichever is later.
AB849,5,33 (End)
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