2005 - 2006 LEGISLATURE
March 14, 2005 - Introduced by Representatives Black, Boyle, Berceau, Sherman,
Sinicki, Turner, Pope-Roberts, Shilling, Zepnick, Richards, Lehman, Pocan,
Parisi, Sheridan, Travis, Cullen, Van Akkeren, Seidel and Molepske,
cosponsored by Senators Wirch, Erpenbach, Miller, Carpenter, Hansen,
Lassa, Risser and
Taylor. Referred to Committee on Natural Resources.
AB205,1,3
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 an Office of Public Intervenor in
3the Department of Justice.
Analysis by the Legislative Reference Bureau
This bill recreates an Office of Public Intervenor attached to the Department
of Justice (DOJ), with the same duties and authority that existed before
1995
Wisconsin Act 27. That act transferred the Office of Public Intervenor from DOJ to
the Department of Natural Resources (DNR). The Office of Public Intervenor was
eliminated by
1997 Wisconsin Act 27.
The bill requires the attorney general to appoint an assistant attorney general
to serve as the public intervenor. The bill authorizes the public intervenor to do all
of the following:
1. Formally commence or intervene in proceedings before any court whenever
such 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 such
matters when requested to do so by a division administrator in DNR.
2. Act as an interested party in actions in which he or she intervenes, with full
power to present evidence, subpoena witnesses, cross-examine witnesses, file briefs,
and do any other acts appropriate for a party to the proceedings.
3. 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 such formal intervention.
The bill also requires the attorney general to appoint a Public Intervenor
Advisory Council consisting of seven to nine members who have a background 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 knowledge of agriculture.
The advisory committee must hold open, publicized meetings and must advise the
public intervenor consistent with his or her duties.
The bill authorizes 2.0 attorney positions in DOJ for the purposes of the public
intervenor.
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:
AB205, s. 1
1Section
1. 18.13 (4g) of the statutes is created to read:
AB205,2,42
18.13
(4g) Public intervenor. Notwithstanding s. 165.075, the public
3intervenor does not have authority to initiate any action or proceeding concerning
4the issuance of obligations by the building commission under this chapter.
AB205, s. 2
5Section
2. 165.07 of the statutes is created to read:
AB205,2,12
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, 281 to 285, and 289 to 299, except s. 281.48, shall give notice of those
10proceedings to the public intervenor, to the administrators of divisions primarily
11assigned the departmental functions under chs. 29, 281, 285, and 289 to 299, except
12s. 281.48, and to the natural areas preservation council.
AB205,3,5
13(2) The public intervenor shall formally intervene in proceedings described in
14sub. (1) when requested to do so by an administrator of a division primarily assigned
15the departmental functions under chs. 29, 281, 285, or 289 to 299, except s. 281.48.
1The public intervenor may, on the public intervenor's own initiative or upon request
2of any committee of the legislature, formally intervene in proceedings described in
3sub. (1) whenever that intervention is needed for the protection of public rights in
4water and other natural resources, as provided in chs. 30 and 31 and defined by the
5supreme court.
AB205,3,17
6(3) Personnel of the department of natural resources shall, upon the request
7of the public intervenor, make such investigations, studies, and reports as the public
8intervenor may request in connection with proceedings described in sub. (1), either
9before or after formal intervention. Personnel of state agencies shall, at the public
10intervenor's request, provide information, serve as witnesses in proceedings
11described in sub. (1), and otherwise cooperate in the carrying out of the public
12intervenor's intervention functions. The public intervenor shall formally intervene
13by filing a statement to that effect with the examiner or other person immediately
14in charge of the proceeding. Upon that filing, the public intervenor shall be
15considered a party in interest with full power to present evidence, subpoena and
16cross-examine witnesses, submit proof, file briefs, or do any other acts appropriate
17for a party to the proceedings.
AB205,3,23
18(4) The public intervenor may appeal from administrative rulings to the courts.
19In all administrative proceedings and judicial review proceedings, the public
20intervenor shall be identified as "public intervenor." This section does not preclude
21or prevent any division of the department of natural resources, or any other
22department or independent agency, from appearing by its staff as a party in any
23proceedings.
AB205, s. 3
24Section
3. 165.075 of the statutes is created to read:
AB205,4,5
1165.075 Assistant attorney general; public intervenor; authority. In
2carrying out his or her duty to protect public rights in water and other natural
3resources, the public intervenor has the authority to initiate actions and proceedings
4before any agency or court in order to raise issues, including issues concerning
5constitutionality, present evidence and testimony, and make arguments.
AB205, s. 4
6Section
4. 165.076 of the statutes is created to read:
AB205,4,19
7165.076 Assistant attorney general; public intervenor; advisory
8committee. The attorney general shall appoint a public intervenor advisory
9committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
10consist of not less than 7 nor more than 9 members. The attorney general may only
11appoint members who have backgrounds in or demonstrated experience or records
12relating to environmental protection or natural resource conservation. The attorney
13general shall appoint at least one member who has working knowledge in business
14and at least one member who has working knowledge in agriculture. The public
15intervenor advisory committee shall advise the public intervenor consistent with his
16or her duty to protect public rights in water and other natural resources. The public
17intervenor advisory committee shall conduct meetings consistent with subch. V of
18ch. 19 and shall permit public participation and public comment on public intervenor
19activities.
AB205, s. 5
20Section
5. 814.245 (2) (d) of the statutes is amended to read:
AB205,4,2221
814.245
(2) (d) "State agency" does not include the
public intervenor or citizens
22utility board.
AB205,5,3
1(1) The authorized FTE positions for the department of justice are increased
2by 2.0 GPR positions to be funded from the appropriation under section 20.455 (1)
3(a) of the statutes for the public intervenor.
AB205,5,65
(1) This act takes effect on July 1, 2005, on the day after publication of the
62005-07 biennial budget act, or on the day after publication, whichever is latest.