Researching Legislative History

Kristina MartinezReference & Instruction Librarian

June 6, 2014

Legislative History

“A record of the background and

events leading to enactment of a

statute” (Black’s Law Dictionary, 8th

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?

https://docs.legis.wisconsin.gov/

Determine the Session Law

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

BillThe 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

https://docs.legis.wisconsin.gov/2013/proposals/ab167

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

• 1927-1997-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: 608-266-0341 Circulation Desk: 608-266-7040

LRB.Reference@legis.wi.gov

One East Main Street, Suite 200 Madison, WI 53703