Category Archives: Legislation & Regs

An Update: new CCAP legislation introduced in the Assembly

Earlier this week, a new chapter in the ongoing debate about how to update or change CCAP was written. A bill was introduced that would limit access to civil case information after money judgments have been satisfied and eight years have passed to the Assembly. Two Republican representatives introduced the bill, and it has bipartisan support in the Senate. It would seem seem that the bill may have a better chance of passing than many CCAP legislation predecessors.
CCAP legislation is often introduced, but changes to the database are rare. Democratic Senator Lena Taylor and Representative Evan Goyke introduced a bill in late July of this year that would allow persons to wipe away their records if they were wrongfully convicted. A second CCAP database was proposed for attorneys and others that would have kept all the information intact, but was not viewable by the public. That bill was strongly opposed by a variety of people, ranging from journalists to landlord unions.
The newest bill may finally change CCAP after a year of attempts. For further information, read the full text of the bill from November 22.

Wisconsin Administrative Code and Register to go Electronic Only in January 2015

The Wisconsin Legislative Reference Bureau has issued a notice indicating that printing and distribution of the Wisconsin Administrative Code and Register will end January 1, 2015 and the Code and Register will become electronic−only publications.
According to the notice, code chapters will be published in the Register as PDF files in the exact format as they are currently printed, including page numbers. Users can continue loose−leaf notebook use by printing chapters to 3−hole punch paper from any printer or by making arrangements with commercial printers. (Notebooks will no longer be available from the state and the notebook volume for insertion will no longer be designated for published chapters.)
For more information, see the notice.

1833 Indian Treaty and Other Native American Law Sources

On Sept 26th, On This Day in Wisconsin History reported:

On this date [in 1833], Indian tribes including the Ojibwe, Menominee, Potawatomi, Ho-Chunk, Ottawa, and Sauk ceded land to the government, including areas around Milwaukee, especially to the south and east of the city. The ceded land included much of what is today John Michael Kohler and Terry Andrae State Parks.

This treaty, along with many other Indian treaties made with the US Government, appears in the United States Statutes at Large. For a copy of this treaty as it appears in volume 7 of the Statutes at Large, see the American Memory website. Go to page 431.
If you’d like to learn more about sources of tribal law, check out our guide to Native American Law & Legal Sources.
You may also be interested in reading ‘Whatever Tribal Precedent There May Be’: The (Un)Availability of Tribal Law available via SSRN.

This article explores the costs and benefits of publishing tribal law. Part I analyzes why tribal law is not more widely available; part II illustrates the benefits of making tribal law more accessible, and part III describes publication options for tribes. An appendix lists currently available tribal law collections.

Note also that at the next Law Librarians Association of Wisconsin meeting (Nov 12), Attorney Brian Pierson, Head of the Indian Nations Law Team at Godfrey & Kahn will giving an overview of Native American Law with emphasis on Wisconsin Tribes including the tribal court process, major laws and regulations, and big trends and issues affecting tribal law practice. Look for registration information on the LLAW website soon. Non-members are welcome.

WI Administrative Code Online Archive Complete Back to 1956

The Legislative Reference Bureau has announced that it has completed scanning the Wisconsin Administrative Code archive back to 1956 (vol 1 of the Administrative Register).
The Code does not appear in it’s entirety for these archived editions. Rather, each year contains a list of the Administrative Code Registers for each month. The chapters that were inserted or removed that month are linked.
The easiest way to track the history of the Administrative Code is to go the current version available on the LRB website. Find the chapter and section that you need.
Each section includes a History note at the bottom. This will include a citation for the Administrative Register(s) which created and changed the section. Links to the archived Code chapter pages are available here. Follow each of these links to view the chapter as it existed when that change was made. I find that it is best to work in reverse chronological order.
The Code archive is also keyword searchable. This is particularly useful for locating text and chapters that may no longer exist in the current version of the Code.
Some even older versions of the building codes are available via Hathi Trust. The LRB may link those up at some time in the future.

WI Act 5 Changes Publication and Effectiveness Process for Acts – Removes Authority of Sec of State

2013 WI Act 5, which modifies the establishment of a publication date for acts, quietly went into effect yesterday.
According to the Wisconsin Legislative Council the act does several things:

  • Removes the authority of the Secretary of State to designate the date of publication
  • Instead, under the Act, the date of publication of an act is the day after the date of enactment unless a different effective date is expressly prescribed
  • The Act requires the Legislative Reference Bureau to publish each act on its date of publication
  • An act’s effective date is the day after its date of publication

New Database for Federal Legislative History Research – ProQuest Legislative Insight

The Law Library is pleased to announce that we have recently subscribed to a wonderful new database for federal legislative history research called ProQuest Legislative Insight. It is available to UW Madison students, faculty and staff, or to anyone who visits a campus library.
Legislative Insight contains PDFs of numerous publications generated in the course of congressional lawmaking, including the public law, all bill versions, floor debate from the Congressional Record, committee reports, conference committee reports, hearings, and prints. Also included are Presidential signing statements, CRS reports, and other miscellaneous congressional publications.
Legislative Insight covers enacted laws from 1929 to the present. However, note that the database is still in development and there are some gaps. For material not covered by Legislative Insight (un-enacted legislation, pre 1929 laws, or post 1929 laws falling in the gap), see our guide to Federal Legislative History. (If it’s Wisconsin that you’re interested in, see our guide to Wisconsin Legislative History.)
Legislative Insight offers powerful search features. You can search by popular name, citation or keyword. Once you select the appropriate law, you can also keyword search the full text of all the documents to narrow down a large legislative history to just the relevant text.
Search results can be displayed by publication type or forward or reverse chronological. Or, with the Legislative Process outline, you can choose just those documents created during a given phase of the legislative process. See the image below.

2011-12 Wisconsin Blue Book Now Available – as well as All Prior Editions

The 2011-2012 State of Wisconsin Blue Book is now available in print and online from the Legislative Reference Bureau. According to the LRB, “the Blue Book is the primary one-volume reference source about the state, documenting the organization of the state’s three branches of government (legislative, executive, and judicial).”
Each edition of the Blue Book contains a feature article. The feature article for this edition is entitled Progressivism Triumphant: The 1911 Wisconsin Legislature. Here’s an excerpt:

The year 2011 marks the centennial of what was almost certainly the greatest legislature in Wisconsin history, quite possibly in any state. The totality of its achievements in such disparate areas as labor legislation, taxation, conservation, education, democratization, government reorganization, transportation, and economic regulation was unprecedented and remains unequalled.

For a list of past feature articles, see the index on page 170. All prior editions of the Blue Book have been digitized.
Hat tip to WSLL @ Your Service