2017 - 2018 LEGISLATURE
November 22, 2017 - Introduced by Representative Tusler, cosponsored by
Senator Risser. Referred to Committee on State Affairs.
1An Act to repeal
to renumber and amend
13.55 (1) (b); to amend
13.55 (1) (a) 1. (intro.), 13.55 (1) (a) 2., 13.55 (2), 13.55 (3) (intro.) and 20.765 (3) 3
(fa); and to create
13.55 (1) (a) 1. f., 13.55 (1) (b) 3. and 13.55 (1) (c) of the 4
statutes; relating to: the Wisconsin Commission on Uniform State Laws.
Analysis by the Legislative Reference Bureau
This bill makes changes relating to the Wisconsin Commission on Uniform
State Laws (commission).
Under current law, the commission, which is responsible for advising the
legislature regarding uniform laws and model laws, consists of the following eight
members: 1) the director of the Legislative Council Staff or his or her designee; 2) the
chief of the Legislative Reference Bureau or his or her designee; 3) two senators and
two representatives to the assembly from the two major political parties, appointed
as are members of standing committees for two-year terms; and 4) two public
members appointed by the governor for four-year terms. Regarding the legislative
members identified in item 3, above, if a legislative appointment cannot be made
because there is no senator or representative who is a member of the state bar
association willing or able to serve on the commission, a former senator or
representative who served on the commission while a senator or representative and
who is a member of the state bar association may be appointed, as long as the
national Uniform Law Commission (ULC) requires state delegates to be members of
their state's bar association.
This bill makes the following changes related to the membership of the
commission. First, the bill allows the legislature to appoint as a member of the
commission any member of the state bar association if there is no senator or former
senator, or representative or former representative, respectively, who meets the
eligibility criteria and is able and willing to serve. Second, the bill allows the eight
existing commission members to appoint as additional commission members persons
who are life members of the ULC. These additional members have voting rights but
are not counted in determining whether there is a quorum of the commission.
Under current law, the terms of commission members appointed by the
governor and legislature must expire on May 1 of an odd-numbered year. Under this
bill, the terms of members appointed by the legislature expire as do other
appointments to standing committees, which is at the end of the legislative biennium
in which the appointment is made.
Under current law, members of the commission must individually and
collectively endeavor to secure the right of any person to become a voting
commissioner or associate member of the ULC without regard to his or her
membership in the state bar association. The commission was required to report
twice after January 1, 1981, on these endeavors and provide an assessment of their
probability of success. This bill repeals these requirements.
The bill eliminates a provision allowing the director of the Legislative Council
Staff or the chief of the Legislative Reference Bureau, or the designee of either, to
designate an employee to represent him or her at the ULC annual meeting, but
continues to allow the director or chief to designate an employee to serve as a member
of the commission.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.55 (1) (a) 1. (intro.) of the statutes is amended to read:
(a) 1. (intro.) There is created
an 8-member a
commission on uniform 3
state laws to advise the legislature with regard to uniform laws and model laws. 4
Except as provided under par. (b), the commission shall consist of all of the following:
13.55 (1) (a) 1. f. of the statutes is created to read:
(a) 1. f. Members having the status of life members of the national 7
Uniform Law Commission as delegates of this state, appointed by the commission 8
members specified in subd. 1. a. to e., for 4-year terms.
13.55 (1) (a) 2. of the statutes is amended to read:
(a) 2. The terms of members appointed by the governor or by the
2legislature under subd. 1. e. or f.
shall expire on May 1 of an odd-numbered year. 3The members, other than the appointees of the governor or of the legislature, may
4each designate an employee to represent them at any meeting of the conference
5under sub. (3).
13.55 (1) (b) of the statutes is renumbered 13.55 (1) (b) 1. and 7
amended to read:
(b) 1. Except as otherwise provided in this paragraph subds. 2. and
, only senators and representatives to the assembly who are members of the bar 10
association of this state may be appointed to seats designated for the offices of 11
senator and representative to the assembly under par. (a).
A seat designated for one of these offices the office of senator or
13representative to the assembly under par. (a)
that cannot be filled because of this the 14
requirement under subd. 1.
, or because a senator or representative to the assembly 15
is unwilling or unable to serve on the delegation, may be filled by a former senator 16
or representative to the assembly from the applicable political party who served on 17
the commission during his or her term as a senator or representative to the assembly 18
and who is a member of the bar association of this state. The
former senator or representative to the assembly or other person
may be 20
appointed as provided in subd. 2. or 3.
as are members of standing committees and 21
shall serve for a 2-year term as provided under par. (a).
This paragraph does not apply if the
National Conference of Commissioners
23on Uniform State Laws national Uniform Law Commission
permits individuals to 24
become voting commissioners or associate members of the National Conference of
1Commissioners on Uniform State Laws national Uniform Law Commission
regard to membership in the bar of the state that the individual represents.
13.55 (1) (b) 3. of the statutes is created to read:
(b) 3. A seat designated for the office of senator or representative to 5
the assembly under par. (a) that cannot be filled as provided in subd. 1. or 2. because 6
there is no individual meeting the described eligibility criteria who is able or willing 7
to serve on the delegation may be filled by any member of the bar association of this 8
13.55 (1) (c) of the statutes is created to read:
(c) Except as provided in sub. (2), members of the commission 11
appointed under par. (a) 1. f. shall have the same rights and responsibilities as all 12
other members, including voting rights.
13.55 (2) of the statutes is amended to read:
13.55 (2) Quorum; scheduled meetings.
Any 5 members of the commission 15
shall constitute a quorum. For purposes of determining whether a quorum exists,
16members appointed under sub. (1) (a) 1. f. may not be counted.
The commission shall 17
meet at least once every 2 years.
13.55 (3) (intro.) of the statutes is amended to read:
13.55 (3) National conference.
(intro.) Each commissioner may attend the 20
annual meeting of the National Conference of Commissioners on Uniform State
21Laws national Uniform Law Commission
and shall do all of the following:
13.55 (5) of the statutes is repealed.
20.765 (3) (fa) of the statutes is amended to read:
(fa) Membership in national associations.
A sum sufficient to be 25
disbursed under s. 13.90 (4) for payment of the annual fees entitling the legislature
to membership in national organizations including, without limitation because of 2
enumeration, the National Conference of State Legislatures, the
3Conference of Commissioners on Uniform State Laws national Uniform Law
and the National Committee on Uniform Traffic Laws and Ordinances.