SB 449

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.