2017 - 2018 LEGISLATURE
February 21, 2018 - Introduced by Senators Craig,
Kapenga, Nass and Stroebel,
cosponsored by Representatives
Sanfelippo, Brandtjen, Duchow, Ott,
Quinn, Thiesfeldt, Tusler, Weatherston and Wichgers. Referred to
Committee on Senate Organization.
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:
13.36 of the statutes is amended to read:
513.36 Witness fees.
The compensation of all witnesses who are subpoenaed 6
and appear pursuant to s. 13.31 or 13.59 (3)
shall be $2 for each day's attendance and
10 cents per mile, one way, for travel to attend as such witness. The department of 2
administration shall audit the accounts of such witnesses upon the certificate of the 3
chairperson of the committee before which any such witness has attended, stating 4
the number of days' attendance and the distance the witness has traveled, and the 5
accounts so audited shall be paid out of the state treasury and charged to the 6
appropriation for the legislature.
13.59 of the statutes is created to read:
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 10
enforcement that shall comprise the following:
1. Two legislators, appointed by the speaker of the assembly.
2. One legislator, appointed by the assembly minority leader.
3. Two legislators, appointed by the senate majority leader.
4. One legislator, appointed by the senate minority leader.
(b) The committee shall select from among its members a chairperson, a vice 16
chairperson, and a secretary.
(c) The committee shall submit the name of each committee member and staff 18
member to the department of justice for a background check to determine if the 19
member is qualified to so serve.
20(2) Powers and duties.
(a) The committee shall do all of the following:
1. Study issues related to the former government accountability board.
2. Report, from time to time, its findings and its legislative and other 23
recommendations to the legislature.
3. Report, at the conclusion of an investigation conducted in accordance with 25
subd. 1., its activities and findings to the legislature.
(b) The committee may develop specific recommendations and legislative 2
proposals relating to the issues studied under par. (a) 1.
(c) The committee shall have access to investigatory records under ss. 19.36 (2) 4
and 968.26 to the extent that such records are necessary or convenient to carry out 5
the committee's powers and duties.
(d) The committee may request legal, investigational, or reporting assistance 7
from the department of justice to carry out its duties under par. (a).
8(3) Subpoena power.
(a) The committee, by subpoena signed by the 9
chairperson, may summon and compel, as necessary or convenient for the committee 10
in carrying out its functions under this section, any of the following:
1. The attendance and testimony as a witness of a public official, government 12
employee, or private person who worked for or with the former government 13
accountability board on an investigation.
2. The production of evidence or material, regardless of physical form or 15
characteristics, on which is written, drawn, printed, spoken, visual, or 16
electromagnetic information or on which are recorded or preserved electronically 17
generated or stored data, including the records, files, or electronic communications 18
of the former government accountability board, that is being kept by a court, an 19
authority, as defined in s. 19.32 (1), a public official, a government employee, or a 20
private person who worked for or with the former government accountability board 21
on an investigation.
(b) 1. A subpoena issued under this subsection that compels the attendance and 23
testimony of a witness shall state when, where, and before whom the witness is 24
required to appear.
2. A subpoena issued under this subsection that compels the production of 2
evidence or material shall provide that the evidence or material shall be first 3
provided to the department of justice to redact the personal identifying information 4
of any person who has not worked for or with the former government accountability 5
board on an investigation. The department shall use its best efforts to redact the 6
evidence or material to prevent the identification of any person who was targeted by, 7
a witness to, or the subject of any investigation of the former government 8
accountability board. The department shall transmit the redacted evidence or 9
material to the committee.
(c) A subpoena issued under this subsection does not require the signature of 11
the presiding officer or a chief clerk. A subpoena issued under this subsection may 12
be served by any person and shall be returned to the committee chairperson. 13
Subpoenas shall be served and returned as subpoenas from the circuit court are 14
served and returned.
(d) 1. Summary process to compel the attendance of a person shall be issued 16
upon the return of a subpoena issued under this subsection if the committee 17
chairperson certifies that any person named in the subpoena failed or neglected to 18
appear before the committee as provided in the subpoena.
2. The committee chairperson shall sign the summary process under subd. 1. 20
and shall direct the process to the capitol police and command the capitol police “in 21
the name of the state of Wisconsin" to arrest and bring the person before the 22
committee. When the arrested person is brought before the committee, the person 23
3. When the person arrested under subd. 2. is not testifying before the 25
committee, the person shall remain in the custody of the capitol police until the
committee chairperson certifies that the committee does not wish to examine the 2
4. The committee chairperson, when ordering any summary process, may also 4
direct the capitol police to depute a competent person to execute actions under this 5
subsection as provided in s. 13.33.
5. The committee chairperson shall certify every refusal to comply with a 7
subpoena issued under this subsection and transmit the certification to his or her 8
house. The capitol police shall take the person before the house to be dealt with 9
according to law.
(e) A subpoena issued under this subsection may not summon or compel 11
production or disclosure of personal identifying information of uncharged persons or 12
organizations or of trade secrets.
(f) If any person fails to comply with a requirement under this subsection, the 14
committee shall report the failure to the attorney general and the department of 15
justice shall institute contempt proceedings against the person.
The committee may hold meetings at the discretion of the 17
At the end of the 2nd calendar year beginning after the first 19
committee meeting, the committee shall disband and the department of justice shall 20
be the custodian of all of the committee records.
165.25 (4) (av) of the statutes is created to read:
(av) The department of justice shall furnish all legal services 23
required by the committee on the oversight of agency enforcement, together with any
other services, including reporting, stenographic, and investigational, as are 2
necessarily connected with the legal work.