The Legislature, Legislative Procedure, and the Joint Legislative Council

Legislative rules may be established through the actions of each house, or both houses, of the Legislature. Parliamentary procedure, prescribing how the Legislature and legislative committees operate, is set forth in the Assembly Rules Manual and the Senate Rules Manual. In addition to the rules of each house, the Legislature has established joint rules. Legislative rules may also be created through the lawmaking process. In either case, the Wisconsin Supreme Court has consistently held that, absent a constitutional violation, the Court will not interfere with the legislative process the Legislature follows in passing laws. Furthermore, the failure to comply with legislative rules, absent a constitutional violation, will not invalidate enacted legislation.
This issue brief provides examples of statutory legislative rules and describes the major Wisconsin Supreme Court cases describing the judicial branch’s jurisdiction over the application of legislative rules.

One of the key roles of a legislative body is oversight of government operations and affairs in order to ensure effective lawmaking. Oversight allows a legislature to gain an understanding of the effectiveness and efficiency of government, develop legislation to address inefficiencies and needs, and share this information with the citizens of the state. As summarized by a report sponsored by the Levin Center at Wayne State, “Through oversight, legislators ensure that the executive and judicial branches of government comply with legislative intent and that public funds are used legally, effectively, and efficiently.”

Wisconsin legislators, along with members of the U.S. Congress and state legislators across the country, routinely request information from administrative agencies on behalf of their constituents. This representational activity, commonly referred to as “casework,” is rooted in a citizen’s constitutional right to petition government. Each legislator determines the scope of casework he or she will provide as a service to help constituents deal with administrative agencies by acting as “facilitators, ombudsmen, and in some cases advocates.”

This issue brief provides background on extraordinary sessions, explains the key differences between an extraordinary session and special session, and summarizes a recent Wisconsin Supreme Court decision that upheld the authority of the Legislature to convene in extraordinary session.

This issue brief provides background on special sessions, including an explanation of the constitutional provisions and legislative rules that apply to special sessions. This issue brief also explains the key differences between a special session and extraordinary session.

This issue brief provides an overview of the responsibilities and procedures of the Joint Committee on Employment Relations (commonly referred to as “JCOER”). The committee is tasked with reviewing proposed changes to the state employee compensation plan, proposed adjustments for the University of Wisconsin (UW) System budgeted salary base, and tentative collective bargaining agreements with UW employees and employees of other state agencies.

The current Legislative Council staff consists of 20 attorneys and analysts and four administrative staff. The staff’s responsibilities to the Legislature have greatly expanded over time. The staff provides confidential, nonpartisan services to all members of the Legislature to support the institution as a whole and the work of individual legislators.

Today’s Joint Legislative Council is a 22-member committee whose membership includes the entire leadership of the Legislature. The Joint Legislative Council and the Legislative Council staff continue to conduct studies, commonly referred to as study committees, which develop legislation to address important issues facing the Legislature.

2017 Wisconsin Act 369 established legislative oversight of Wisconsin Department of Justice (DOJ) decisions to settle certain civil actions. Those legislative oversight requirements survived a broad constitutional challenge in a 2017 Wisconsin Supreme Court decision, SEIU v. Vos. A more specific challenge was recently filed.