LRB-4296/1
SWB:cdc
2019 - 2020 LEGISLATURE
September 27, 2019 - Introduced by Senators Erpenbach, Johnson, Shilling,
Bewley, Carpenter, Larson, Schachtner, Risser, Wirch, Smith, Ringhand,
L. Taylor, Hansen and Miller, cosponsored by Representatives C. Taylor,
Goyke, Hintz, Hebl, Vining, Kolste, Anderson, Zamarripa, Fields, Sargent,
Neubauer, Crowley, Brostoff, Sinicki, Hesselbein, Billings, Spreitzer,
Considine, Ohnstad, Vruwink, Bowen, Stuck, Pope and Doyle. Referred to
Committee on Insurance, Financial Services, Government Oversight and
Courts.
SB449,1,2 1An Act to amend 165.08 (1), 165.10 and 165.25 (6) (a) 1. of the statutes; relating
2to:
powers of the attorney general.
Analysis by the Legislative Reference Bureau
This bill repeals changes made to the powers of the attorney general in 2017
Wisconsin Act 369
relating to the power to compromise or discontinue civil actions
prosecuted by the Department of Justice and the power to compromise and settle
actions in cases where DOJ is defending the state. The bill reestablishes these
settlement powers as they existed under the law before Act 369 was enacted.
The bill allows the attorney general to compromise or discontinue actions
prosecuted by DOJ 1) when directed by the officer, department, board, or commission
that directed the prosecution; or 2) with the approval of the governor when the action
is prosecuted by DOJ on the initiative of the attorney general or at the request of any
individual. The bill eliminates the requirement for approval of compromise or
discontinuance from a legislative intervenor or the Joint Committee on Finance. It
also eliminates the requirement, in certain circumstances, for the attorney general
to obtain approval of a settlement or discontinuance by the Joint Committee on
Legislative Organization before submitting a proposed plan to JCF.
Under the bill, when DOJ is representing the defense, the attorney general may
compromise and settle the action as the attorney general determines to be in the best
interest of the state. The bill eliminates the requirement under current law that, in
actions for injunctive relief, or if there is a proposed consent decree, the attorney
general obtain approval of any legislative intervenor or, if there is no intervenor, JCF.
The bill also eliminates the requirement, in certain circumstances, that the attorney

general obtain approval from JCLO before submitting a proposed plan of settlement
or compromise to JCF.
The bill also repeals the requirement that the attorney general must deposit all
settlement funds into the general fund and restores procedures relating to
discretionary settlement funds under which the attorney general could expend
certain settlement funds not committed under the terms of a settlement after
submitting a plan to JCF for passive review and either the cochairpersons of the
committee do not schedule a meeting or a meeting is scheduled and JCF approves
a plan for expenditure.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB449,1 1Section 1 . 165.08 (1) of the statutes is amended to read:
SB449,2,142 165.08 (1) Any civil action prosecuted by the department by direction of any
3officer, department, board, or commission, or any shall be compromised or
4discontinued when so directed by such officer, department, board, or commission.

5Any civil action prosecuted by the department on the initiative of the attorney
6general, or at the request of any individual may be compromised or discontinued with
7the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by
8submission of a proposed plan to the joint committee on finance for the approval of
9the committee. The compromise or discontinuance may occur only if the joint
10committee on finance approves the proposed plan. No proposed plan may be
11submitted to the joint committee on finance if the plan concedes the
12unconstitutionality or other invalidity of a statute, facially or as applied, or concedes
13that a statute violates or is preempted by federal law, without the approval of the
14joint committee on legislative organization
the governor.
SB449,2 15Section 2. 165.10 of the statutes is amended to read:
SB449,3,11 16165.10 Deposit Limits on expenditure of discretionary settlement
17funds.
The Notwithstanding s. 20.455 (3), before the attorney general shall deposit

1all
may expend settlement funds into the general fund under s. 20.455 (3) (g) that are
2not committed under the terms of the settlement, the attorney general shall submit
3to the joint committee on finance a proposed plan for the expenditure of the funds.
4If the cochairpersons of the committee do not notify the attorney general within 14
5working days after the submittal that the committee has scheduled a meeting for the
6purpose of reviewing the proposed plan, the attorney general may expend the funds
7to implement the proposed plan. If, within 14 working days after the submittal, the
8cochairpersons of the committee notify the attorney general that the committee has
9scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
10general may expend the funds only to implement the plan as approved by the
11committee
.
SB449,3 12Section 3 . 165.25 (6) (a) 1. of the statutes is amended to read:
SB449,4,913 165.25 (6) (a) 1. At the request of the head of any department of state
14government, the attorney general may appear for and defend any state department,
15or any state officer, employee, or agent of the department in any civil action or other
16matter brought before a court or an administrative agency which is brought against
17the state department, or officer, employee, or agent for or on account of any act
18growing out of or committed in the lawful course of an officer's, employee's, or agent's
19duties. Witness fees or other expenses determined by the attorney general to be
20reasonable and necessary to the defense in the action or proceeding shall be paid as
21provided for in s. 885.07. The attorney general may compromise and settle the action
22as the attorney general determines to be in the best interest of the state except that,
23if the action is for injunctive relief or there is a proposed consent decree, the attorney
24general may not compromise or settle the action without the approval of an
25intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting

1a proposed plan to the joint committee on finance. If, within 14 working days after
2the plan is submitted, the cochairpersons of the committee notify the attorney
3general that the committee has scheduled a meeting for the purpose of reviewing the
4proposed plan, the attorney general may compromise or settle the action only with
5the approval of the committee. The attorney general may not submit a proposed plan
6to the joint committee on finance under this subdivision in which the plan concedes
7the unconstitutionality or other invalidity of a statute, facially or as applied, or
8concedes that a statute violates or is preempted by federal law, without the approval
9of the joint committee on legislative organization
.
SB449,4,1010 (End)
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