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Researching Legislative History Kristina Martinez Reference & Instruction Librarian June 6, 2014
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
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
One East Main Street, Suite 200 Madison, WI 53703
