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LRB-2639/1
RAC:wlj
2017 - 2018 LEGISLATURE
April 10, 2017 - Introduced by Representatives Sanfelippo, Kremer, Skowronski,
Quinn, Thiesfeldt, Kuglitsch, Duchow, Tittl, Bowen, Wichgers,
Weatherston, Murphy and Tranel, cosponsored by Senators Craig, Feyen,
Lasee and Darling. Referred to Committee on Transportation.
AB210,1,4 1An Act to amend 20.765 (3) (ka); and to create 13.94 (3m) of the statutes;
2relating to: requiring the state auditor to appoint an inspector general to
3investigate Department of Transportation programs and activities and making
4an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the state auditor to appoint within the Legislative Audit
Bureau an inspector general who is assigned to and housed at the headquarters of
the Department of Transportation and whose services are paid for by DOT. The state
auditor appoints the inspector general for a six-year term expiring on March 1 of the
odd-numbered year.
The bill provides that the inspector general may examine the accounts and
other financial records of DOT and may review the performance and program
accomplishments of DOT. The inspector general must at all times with or without
notice have access to any books, records, or other documents maintained by DOT
relating to its expenditures, revenues, operations, and structure.
Under the bill, the inspector general must investigate fraud in DOT programs
or activities and report any finding of fraud to the Department of Justice, as well as
investigate waste, abuse, or inefficiency in DOT programs or activities. The
inspector general must report any finding of waste, abuse, or inefficiency to the
Speaker of the assembly, the senate majority leader, the joint legislative audit
committee, the assembly and senate committees on transportation, and the
chairpersons of standing committees whose committee jurisdiction includes

oversight and accountability of government operations. In addition, in investigating
waste, abuse, or inefficiency, the inspector general must endeavor to identify savings
for DOT that would pay at least the costs incurred by the inspector general in
carrying out the investigations.
Under the bill, the inspector general must submit an annual report of inspector
general activities to the Speaker of the assembly, the senate majority leader, the joint
legislative audit committee, the assembly and senate committees on transportation,
and the chairpersons of standing committees whose committee jurisdiction includes
oversight and accountability of government operations.
The bill provides that the Speaker of the assembly and the senate majority
leader, jointly, may direct the inspector general to examine the records or programs
of DOT. The chairpersons of the joint legislative audit committee, the assembly and
senate committees on transportation, and the chairpersons of standing committees
whose committee jurisdiction includes oversight and accountability of government
operations may also direct the inspector general to examine the records or programs
of DOT.
Under the bill, upon request of the inspector general, legislative service
agencies must assist the inspector general in performing any of his or her duties or
exercising any of his or her powers.
Finally, the bill provides that the inspector general may review claims by any
person whose substantial interest has been adversely affected by a DOT action or
order. A person requesting such a review must do so before the commencement of
a contested case or other similar state agency review process. If the inspector general
elects to review a claim, the inspector general must determine whether the DOT
action or order was inconsistent with any law or administrative rule. The inspector
general must report all such determinations to the Speaker of the assembly, the
senate majority leader, the joint legislative audit committee, the assembly and
senate committees on transportation, and the chairpersons of standing committees
whose committee jurisdiction includes oversight and accountability of government
operations.
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:
AB210,1 1Section 1. 13.94 (3m) of the statutes is created to read:
AB210,2,32 13.94 (3m) Inspector general. (a) In this subsection, “department" means the
3department of transportation.
AB210,3,3
1(b) The state auditor shall appoint an inspector general who is assigned to and
2housed at the headquarters of the department. The state auditor shall appoint the
3inspector general for a 6-year term expiring on March 1 of the odd-numbered year.
AB210,3,74 (c) The inspector general shall be housed at the department headquarters. The
5department shall provide office space for the inspector general. The department
6shall pay for all services provided by the inspector general and shall credit the
7payments to the appropriation account under s. 20.765 (3) (ka).
AB210,3,98 (d) The inspector general shall be strictly nonpartisan and shall at all times
9observe the confidential nature of any investigation currently being performed.
AB210,3,2010 (e) The inspector general may examine the accounts and other financial records
11of the department to assure that all financial transactions have been made in a legal
12and proper manner. The inspector general may review the performance and program
13accomplishments of the department during the fiscal period for which the
14examination is being conducted to determine whether the department carried out
15the policy of the legislature and the governor during the period for which the
16appropriations were made. The department shall at all times with or without notice
17provide the inspector general access to any books, records, or other documents
18maintained by the department relating to its expenditures, revenues, operations,
19and structure, including specifically any such books, records, or other documents
20that are confidential by law.
AB210,3,2121 (f) The inspector general shall do all of the following:
AB210,4,722 1. At his or her discretion, review claims by any person whose substantial
23interest has been adversely affected by a department action or order. A person
24requesting such a review must do so before the commencement of a contested case
25under s. 227.44 or other similar state agency review process. If the inspector general

1elects to review a claim, the inspector general shall determine whether the
2department action or order was inconsistent with any law or administrative rule.
3The inspector general shall report all such determinations to the speaker of the
4assembly, the senate majority leader, the joint legislative audit committee, the
5assembly and senate committees on transportation, and the chairpersons of
6standing committees whose committee jurisdiction includes oversight and
7accountability of government operations.
AB210,4,98 2. Investigate fraud in department programs or activities and report any
9finding of fraud to the department of justice.
AB210,4,1810 3. Investigate waste, abuse, or inefficiency in department programs or
11activities and report any finding of waste, abuse, or inefficiency to the speaker of the
12assembly, the senate majority leader, the joint legislative audit committee, the
13assembly and senate committees on transportation, and the chairpersons of
14standing committees whose committee jurisdiction includes oversight and
15accountability of government operations. In investigating waste, abuse, or
16inefficiency in department programs, the inspector general shall endeavor to identify
17savings for the department that would pay at least the costs incurred by the inspector
18general in carrying out the investigations.
AB210,4,2419 4. Submit an annual report of inspector general activities to the chief clerk of
20each house of the legislature, for distribution to the legislature under s. 13.172 (2),
21and to the speaker of the assembly, the senate majority leader, the joint legislative
22audit committee, the assembly and senate committees on transportation, and the
23chairpersons of standing committees whose committee jurisdiction includes
24oversight and accountability of government operations.
AB210,5,4
1(g) Before the department may expend on its programs and activities any
2moneys saved as a result of inspector general investigations under par. (f) 2. and 3.,
3the department must first use the moneys to pay all costs incurred by the inspector
4general in carrying out the investigations.
AB210,5,125 (h) The speaker of the assembly and the senate majority leader, jointly, may
6direct the inspector general to examine the records or programs of the department.
7The inspector general shall submit the investigation report to the chief clerk of each
8house of the legislature, for distribution to the legislature under s. 13.172 (2), and
9to the speaker of the assembly, the senate majority leader, the joint legislative audit
10committee, the assembly and senate committees on transportation, and the
11chairpersons of standing committees whose committee jurisdiction includes
12oversight and accountability of government operations.
AB210,5,2213 (i) The chairpersons of the joint legislative audit committee, the assembly and
14senate committees on transportation, and the chairpersons of standing committees
15whose committee jurisdiction includes oversight and accountability of government
16operations may direct the inspector general to examine the records or programs of
17the department. The inspector general shall submit the investigation report to the
18chief clerk of each house of the legislature, for distribution to the legislature under
19s. 13.172 (2), and to the speaker of the assembly, the senate majority leader, the joint
20legislative audit committee, the assembly and senate committees on transportation,
21and the chairpersons of standing committees whose committee jurisdiction includes
22oversight and accountability of government operations.
AB210,5,2523 (j) Upon request of the inspector general, the legislative service agencies shall
24assist the inspector general in performing any duty or exercising any power under
25this subsection.
AB210,2
1Section 2. 20.765 (3) (ka) of the statutes is amended to read:
AB210,6,92 20.765 (3) (ka) Audit bureau reimbursable audits. The amounts in the
3schedule for the provision of auditing services requested by state agencies or by the
4federal government, for audits specified in s. 13.94 (1s) (c) and, for audits of the
5department of revenue relating to the state lottery and verifications of the odds of
6winning a lottery game under s. 565.37 (5), and for services provided by the inspector
7general under s. 13.94 (3m)
. All moneys received by the legislative audit bureau from
8charges assessed to departments under s. 13.94 (1s) and (3m) shall be credited to this
9appropriation account.
AB210,3 10Section 3. Nonstatutory provisions.
AB210,6,1211 (1) Appointment of inspector general. The initial inspector general appointed
12under section 13.94 (3m) shall serve for a term expiring on March 1, 2023.
AB210,6,1513 (2) Inspector general position authorization. There is authorized for the
14legislative audit bureau 1.0 FTE PR inspector general position to be funded from the
15appropriation under section 20.765 (3) (ka) of the statutes.
AB210,4 16Section 4. Effective date.
AB210,6,1717 (1) This act takes effect on January 1, 2018.
AB210,6,1818 (End)
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