Researching Legislative History Kristina Martinez Reference & Instruction Librarian June 6, 2014

Legislative History “A record of the background and events leading to enactment of a statute” (Black’s Law Dictionary, 8 th Ed.) Consists of: LRB Drafting Records Procedural Histories Additional Materials

What is Legislative history? Is there a law …? Where is it? When did that happen? Has it always been that way?

Why research it? Gain a deeper understanding of a particular issue or area of law

Caveat Not geared toward documenting intent Resources do not parallel those available for US law Information found may not be useful

Before We Begin Where can the language be found?

Determine the Session Law

Caveats Renumbering Repeal and Recreation Budget Acts Revisor’s Bills

West’s Wisconsin Statutes Annotated

Laws of 1915

West’s Wisconsin Statutes Annotated

Laws of 1921

Bill Date Introduction List of authors, co-authors, co-sponsors Title containing: sections affected and relating clause

Bill Analysis by the LRB Objective, impartial explanation of the bill Uses plain language Enacting Clause Constitutionally required language that precedes the body of every bill

Bill The body of the bill contains: Changes to statutory law – In statute number order Nonstatutory provisions – Temporary provisions having force of law Initial Applicability – Event to which new law first applies Effective Date – Day after publication of act is default

Examine Amendments Simple amendment-minor changes, read alongside of original bill Substitute amendment- major changes, can stand alone

Check Procedural History Chronology of bill’s progression Four Columns Date of Action House (Senate or Assembly) Description of action Journal page number (Separate journals) Recording of votes No transcripts

Bill History Where to find in a legislative library – 1907 to 1911 Appendix to each house journal – 1913 to 1965 Index to journals – 1967 to present Bulletin of Proceedings for Senate or Assembly Available online – 1995 to present

Other documents Fiscal estimates Estimate of anticipated state or local fiscal liability Prepared by the agency or agencies affected May contain technical memos on corrections or concerns Prepared for bills with fiscal effect since 1953

Drafting Record An administrative record of the drafting process and materials behind it Maintained since 1927 Formats fiche 1999-present, digital Recent sessions in paper hard copy at LRB and online

Drafting Record Correspondence Model drafts A copy of the bill as it was introduced Earlier unintroduced drafts of the bill Drafter’s notes Memo from drafter to requestor Usually only present when there is an issue or concern with draft that requires explanation

Drafting Record

Fiscal Estimate

Additional Materials Special study committee reports – rare Judicial Council materials – Statutes dealing with pleading, practice, procedure – Issued by Supreme Court Order Orders available in Wisconsin Reports – See State Law Library for more information on Judicial Council materials Clippings Clippings of media reports back to early 1900s

Budget Bills Numerous drafts Each portion has its own drafting file Amended many times Various drafters

Budget Bills Legislative Fiscal Bureau Summaries Fiscal Bureau Budget Issue Papers Department of Administrative Publications Governor’s Office Veto and Budget Messages

Reference Desk: Circulation Desk: One East Main Street, Suite 200 Madison, WI 53703