Category Archives: Legislation & Regs

Another attempt at implementing CCAP legislation

In the most recent attempt to give CCAP (Wisconsin’s online record system for circuit courts) a facelift, a new bill is being considered by the legislature. This time, the bill was introduced by Republican senator Glenn Grothman and Republican representative Mary Czaja and has initially found some support in both the Assembly and Senate.
If the bill passes, the State Court’s office would be required to remove any information about felony cases on CCAP within 120 days of receiving notice that the charges were dismissed or the defendant was found not guilty. The same goes for civil forfeiture cases, except the window is reduced to 90 days.
As always, any legislation that attempts to remove information from CCAP may run into resistance. Previous CCAP legislation has lost support in the face of protests that range from land lords to law enforcement that support CCAP in it’s current incarnation and would prefer that no information is removed.
It remains to be seen if this most recent bill will gain further traction. If you’d like to read the full text of the bill, click here.

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