2017 - 2018 LEGISLATURE
March 7, 2018 - Introduced by Representatives Sanfelippo, Brandtjen, Duchow,
Ott, Quinn, Thiesfeldt, Tusler, Weatherston and Wichgers, cosponsored by
Senators Craig, Kapenga, Nass and Stroebel. Referred to Committee on
Campaigns and Elections.
AB1002,1,3 1An Act to amend 13.36; and to create 13.59 and 165.25 (4) (av) of the statutes;
2relating to: creating a legislative committee on the oversight of agency
Analysis by the Legislative Reference Bureau
This bill creates a legislative committee on the oversight of agency enforcement
to study issues related to the former Government Accountability Board and to report
its findings and recommendations to the legislature. This bill provides the
committee with subpoena power as necessary or convenient to carry out the duties
and powers of the committee. This bill also provides that, at the end of two calendar
years after the first committee meeting, the committee must disband and the
Department of Justice will become the custodian of all of the committee's records.
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:
AB1002,1 4Section 1. 13.36 of the statutes is amended to read:
AB1002,2,6 513.36 Witness fees. The compensation of all witnesses who are subpoenaed
6and appear pursuant to s. 13.31 or 13.59 (3) shall be $2 for each day's attendance and

110 cents per mile, one way, for travel to attend as such witness. The department of
2administration shall audit the accounts of such witnesses upon the certificate of the
3chairperson of the committee before which any such witness has attended, stating
4the number of days' attendance and the distance the witness has traveled, and the
5accounts so audited shall be paid out of the state treasury and charged to the
6appropriation for the legislature.
AB1002,2 7Section 2. 13.59 of the statutes is created to read:
AB1002,2,10 813.59 Committee on the oversight of agency enforcement. (1) Creation.
9(a) There is created a joint standing committee on the oversight of agency
10enforcement that shall comprise the following:
AB1002,2,1111 1. Two legislators, appointed by the speaker of the assembly.
AB1002,2,1212 2. One legislator, appointed by the assembly minority leader.
AB1002,2,1313 3. Two legislators, appointed by the senate majority leader.
AB1002,2,1414 4. One legislator, appointed by the senate minority leader.
AB1002,2,1615 (b) The committee shall select from among its members a chairperson, a vice
16chairperson, and a secretary.
AB1002,2,1917 (c) The committee shall submit the name of each committee member and staff
18member to the department of justice for a background check to determine if the
19member is qualified to so serve.
AB1002,2,20 20(2) Powers and duties. (a) The committee shall do all of the following:
AB1002,2,2121 1. Study issues related to the former government accountability board.
AB1002,2,2322 2. Report, from time to time, its findings and its legislative and other
23recommendations to the legislature.
AB1002,2,2524 3. Report, at the conclusion of an investigation conducted in accordance with
25subd. 1., its activities and findings to the legislature.
1(b) The committee may develop specific recommendations and legislative
2proposals relating to the issues studied under par. (a) 1.
AB1002,3,53 (c) The committee shall have access to investigatory records under ss. 19.36 (2)
4and 968.26 to the extent that such records are necessary or convenient to carry out
5the committee's powers and duties.
AB1002,3,76 (d) The committee may request legal, investigational, or reporting assistance
7from the department of justice to carry out its duties under par. (a).
AB1002,3,10 8(3) Subpoena power. (a) The committee, by subpoena signed by the
9chairperson, may summon and compel, as necessary or convenient for the committee
10in carrying out its functions under this section, any of the following:
AB1002,3,1311 1. The attendance and testimony as a witness of a public official, government
12employee, or private person who worked for or with the former government
13accountability board on an investigation.
AB1002,3,2114 2. The production of evidence or material, regardless of physical form or
15characteristics, on which is written, drawn, printed, spoken, visual, or
16electromagnetic information or on which are recorded or preserved electronically
17generated or stored data, including the records, files, or electronic communications
18of the former government accountability board, that is being kept by a court, an
19authority, as defined in s. 19.32 (1), a public official, a government employee, or a
20private person who worked for or with the former government accountability board
21on an investigation.
AB1002,3,2422 (b) 1. A subpoena issued under this subsection that compels the attendance and
23testimony of a witness shall state when, where, and before whom the witness is
24required to appear.
12. A subpoena issued under this subsection that compels the production of
2evidence or material shall provide that the evidence or material shall be first
3provided to the department of justice to redact the personal identifying information
4of any person who has not worked for or with the former government accountability
5board on an investigation. The department shall use its best efforts to redact the
6evidence or material to prevent the identification of any person who was targeted by,
7a witness to, or the subject of any investigation of the former government
8accountability board. The department shall transmit the redacted evidence or
9material to the committee.
AB1002,4,1410 (c) A subpoena issued under this subsection does not require the signature of
11the presiding officer or a chief clerk. A subpoena issued under this subsection may
12be served by any person and shall be returned to the committee chairperson.
13Subpoenas shall be served and returned as subpoenas from the circuit court are
14served and returned.
AB1002,4,1815 (d) 1. Summary process to compel the attendance of a person shall be issued
16upon the return of a subpoena issued under this subsection if the committee
17chairperson certifies that any person named in the subpoena failed or neglected to
18appear before the committee as provided in the subpoena.
AB1002,4,2319 2. The committee chairperson shall sign the summary process under subd. 1.
20and shall direct the process to the capitol police and command the capitol police “in
21the name of the state of Wisconsin" to arrest and bring the person before the
22committee. When the arrested person is brought before the committee, the person
23shall testify.
AB1002,5,224 3. When the person arrested under subd. 2. is not testifying before the
25committee, the person shall remain in the custody of the capitol police until the

1committee chairperson certifies that the committee does not wish to examine the
2person further.
AB1002,5,53 4. The committee chairperson, when ordering any summary process, may also
4direct the capitol police to depute a competent person to execute actions under this
5subsection as provided in s. 13.33.
AB1002,5,96 5. The committee chairperson shall certify every refusal to comply with a
7subpoena issued under this subsection and transmit the certification to his or her
8house. The capitol police shall take the person before the house to be dealt with
9according to law.
AB1002,5,1210 (e) A subpoena issued under this subsection may not summon or compel
11production or disclosure of personal identifying information of uncharged persons or
12organizations or of trade secrets.
AB1002,5,1513 (f) If any person fails to comply with a requirement under this subsection, the
14committee shall report the failure to the attorney general and the department of
15justice shall institute contempt proceedings against the person.
AB1002,5,17 16(4) Meetings. The committee may hold meetings at the discretion of the
17committee chairperson.
AB1002,5,20 18(5) Sunset. At the end of the 2nd calendar year beginning after the first
19committee meeting, the committee shall disband and the department of justice shall
20be the custodian of all of the committee records.
AB1002,3 21Section 3. 165.25 (4) (av) of the statutes is created to read:
AB1002,6,222 165.25 (4) (av) The department of justice shall furnish all legal services
23required by the committee on the oversight of agency enforcement, together with any

1other services, including reporting, stenographic, and investigational, as are
2necessarily connected with the legal work.
AB1002,6,33 (End)