The Joint Legislative Council met on February 13 and March 6. The Council received multiple recommendations and the reports from the 10 interim study committees. For more detailed information on the committee recommendations, please see the Legislative Council webpage at: https://docs.legis.wisconsin.gov/misc/lc/study/2018.
After its final meeting, a mail ballot was distributed to members of the Study Committee on Bail and Conditions of Pretrial Release on the following proposals:
The final meeting of the Study Committee on Child Placement and Support was held on February 11, 2019. The committee reviewed 14 bill drafts regarding determinations of child support and placement, a draft petition to the Wisconsin Supreme Court regarding training on the dynamics of domestic violence, and heard a presentation from Bobby Peterson, executive director, ABC for Health, Inc., regarding the birth cost recovery program. After substantial discussion, the committee reached consensus to recommend that nine of the bill drafts and the petition be introduced by the Joint Legislative Council, and to request two additional bill drafts. These 12 proposals were then included in a mail ballot distributed to members after the meeting. The committee voted to recommend that all of the proposals be introduced by the Joint Legislative Council.
Staff News
Andrea Brauer began participating in an ongoing Maternal and Child Health Fellows program through NCSL, together with a group of state legislators and staff from other states. The program began with a conference in February in New Orleans, where participants heard from a variety of experts regarding topics such as adverse childhood experiences, Medicaid waivers, children and maternal mental health, and infant and maternal mortality.
Mike Queensland presented on Wisconsin’s industrial hemp program as part of a panel discussion at the Central U.S. Hemp Growers Conference, held in Rochester, MN. Other panelists included a representative of the Wisconsin Department of Agriculture, Trade, and Consumer Protection and representatives of the Minnesota Department of Agriculture.
Zach Ramirez presented on March 5 at the annual public utility law training hosted by the Wisconsin Public Utility Institute and the Wisconsin State Bar. The event provides an opportunity for public utilities, manufacturing and industrial energy customers, and environmental groups to discuss legal developments relating to energy, water, and telecommunications service. Materials from the event are available here.
Julia Norsetter's last day in the office was March 19. Julia will work on policy development for the Federal Aviation Administration in Washington, D.C. Her work will encompass novel and cross-cutting policy issues such as unmanned aircraft systems (drones). We are grateful to Julia for her service at the Legislative Council.
Senate and Assembly Procedures and Powers Manuals
The 2019-20 manuals on committee procedures and powers are now available at the following links:
Private, Special, and Local Laws: Constitutional Restraints
Three provisions of the Wisconsin Constitution constrain the enactment of a law having limited applicability as to a person, place, or thing. Such a law is referred to in the constitution alternatively as a private law, a special law, or a local law. A law of that type is distinguishable from a general law, which has uniform applicability throughout the state.
This information memorandum describes the circumstances under which a private, special, or local law may be enacted, explores whether such an enactment will be afforded a presumption of constitutionality if challenged, describes two tests that a court might use to resolve a challenge, and summarizes illustrative case law.
The Wisconsin Legislature's Application for an Article V Convention Related to Balanced Budget Amendments
Article V of the U.S. Constitution provides two methods for initiating the process of amending the U.S. Constitution, one of which authorizes Congress, on application of the legislatures of two-thirds of states, to call a convention for proposing amendments. This method of proposing an amendment to the U.S. Constitution is commonly referred to as an “Article V convention.” On December 7, 2017, an application was submitted to Congress pursuant to 2017 Assembly Joint Resolution 21 (“AJR 21”) on behalf of the Wisconsin Legislature, requesting an Article V convention for the limited purpose of proposing amendments to the U.S. Constitution that would require the federal government to operate under a balanced budget.
This information memorandum provides an overview of AJR 21, as well as 2017 Wisconsin Act 83 (“Act 83”), which creates the process for appointing delegates to an Article V convention, and 2017 Assembly Joint Resolution 20 (“AJR 20”), which sets forth the rules and procedures recognized by the Wisconsin Legislature for convening such a convention.
