Courts have no jurisdiction to review legislative rules of proceeding, which are those rules having to do with the process the legislature uses to propose or pass legislation or how it determines the qualifications of its members. Milwaukee Journal Sentinel v. DOA, 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700, 07-1160.

The Wisconsin Constitution affords the legislature absolute discretion to determine the rules of its own proceedings. League of Women Voters of Wisconsin v. Evers, 2019 WI 75, 387 Wis. 2d 511, 929 N.W.2d 209, 19-0559.

The legislature cannot sentence a person to confinement for contempt without notice and without giving an opportunity to respond to the charge. Groppi v. Leslie, 404 U.S. 496, 92 S. Ct. 582, 30 L. Ed. 2d 632 (1972).

IV,9(2)(2) The legislature shall provide by law for the establishment of a department of transportation and a transportation fund. [1977 J.R. 32, 1979 J.R. 3, vote April 1979; 2011 J.R. 4, 2013 J.R. 1, vote Nov. 2014]

IV,10Journals; open doors; adjournments. Section 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days.

IV,11Meeting of legislature. Section 11. [As amended Nov. 1881 and April 1968] The legislature shall meet at the seat of government at such time as shall be provided by law, unless convened by the governor in special session, and when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1965 J.R. 57, 1967 J.R. 48, vote April 1968]

How the legislature meets, when it meets, and what descriptive titles the legislature assigns to those meetings or their operating procedures constitute parts of the legislative process with which the judicial branch has no jurisdiction or right to interfere. League of Women Voters of Wisconsin v. Evers, 2019 WI 75, 387 Wis. 2d 511, 929 N.W.2d 209, 19-0559.

Section 13.02 (3) satisfies the Wisconsin Constitution by authorizing the legislature’s own committee to set its work schedule. League of Women Voters of Wisconsin v. Evers, 2019 WI 75, 387 Wis. 2d 511, 929 N.W.2d 209, 19-0559.

IV,12Ineligibility of legislators to office. Section 12. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.

A legislator may be elected to a constitutional or statutory state elective office even though the emoluments of the office were raised during the legislator’s legislative term. If so elected, the legislator is limited by s. 13.04 (1) to the emoluments of the office prior to the increase. A legislator is not eligible, however, for appointment to an office created during the legislator’s term or to an office the emoluments of which appointive office were raised during the legislator’s legislative term. 63 Atty. Gen. 127.

IV,13Ineligibility of federal officers. Section 13. [As amended April 1966] No person being a member of congress, or holding any military or civil office under the United States, shall be eligible to a seat in the legislature; and if any person shall, after his election as a member of the legislature, be elected to congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. This restriction shall not prohibit a legislator from accepting short periods of active duty as a member of the reserve or from serving in the armed forces during any emergency declared by the executive. [1963 J.R. 34, 1965 J.R. 14, vote April 1966]

IV,15Exemption from arrest and civil process. Section 15. Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

The privilege under this section can be invoked by a legislator only if the legislator is subpoenaed, not if an aide is subpoenaed. State v. Beno, 116 Wis. 2d 122, 341 N.W.2d 668 (1984).

The members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included this section in the Wisconsin Constitution. The phrase “treason, felony and breach of the peace” in this section was intended to mean all crimes. State v. Burke, 2002 WI App 291, 258 Wis. 2d 832, 653 N.W.2d 922, 02-2161.

The sphere of legislative action protected under this section is broader than floor deliberations. A legislator may invoke the privilege under this section to immunize an aide from a subpoena to testify as to an investigation conducted by the aide at the legislator’s request. State v. Beno, 116 Wis. 2d 122, 341 N.W.2d 668 (1984).

Not all activities of a legislator are protected by this section insofar as that activity is not an integral part of the deliberative and communicative processes. While legislative acts are protected by the speech and debate clause, political acts are not. Hiring, directing, and managing legislative caucus staff to oversee political campaigns is not protected. By its very nature, engaging in campaign activity is political. State v. Chvala, 2004 WI App 53, 271 Wis. 2d 115, 678 N.W.2d 880, 03-0442. See also State v. Jensen, 2004 WI App 89, 272 Wis. 2d 707, 681 N.W.2d 230, 03-0106.

This section provides only immunity from prosecution based on use of communications, and not secrecy for communications of government officials and employees. Custodian of Records v. State, 2004 WI 65, 272 Wis. 2d 208, 680 N.W.2d 792, 02-3063.

In a federal criminal prosecution against a state legislator, there is no legislative privilege barring introduction of evidence of the legislator’s legislative acts. United States v. Gillock, 445 U.S. 360, 100 S. Ct. 1185, 63 L. Ed. 2d 454 (1980).

The enacting clause is not required for each particular statute. According to legislative rule, when an act, or part of an act, creates a statute section number, that action indicates a legislative intent to make the section a part of the Wisconsin Statutes. Hence, because the legislature can intend that only a part of an act creates a statute, it does not follow that each statute must contain all the constituent parts of an act, namely, the enabling clause. State v. Weidman, 2007 WI App 258, 306 Wis. 2d 723, 743 N.W.2d 854, 06-2168.

In order for the legislature to create a law, the proposed law must be enacted by bill. Mere enactment of a bill to ratify a collective bargaining agreement and publication of it as an act was not sufficient to cause a provision of the collective bargaining agreement to become a law enacted under this section to create an exception to the public records law, s. 19.35. The act did not reference s. 19.35 or the contract provision that purportedly modified that law, did not purport to amend any published statutes, and did not contain any language that might give notice that the statute was being amended. As a result, the contract provision was not enacted by bill and remained a contractual provision and was not a “law” that is an exception to s. 19.35. Milwaukee Journal Sentinel v. DOA, 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700, 07-1160.

Under certain circumstances, incorporation by reference in a bill may be effective to work a change in the law. Cases recognizing incorporation by reference have generally dealt with incorporating the provisions of other published statutes and with the establishment of standards by reference, not incorporation of sources being given the force of law. The source being incorporated cannot be a law itself without having been enacted in a manner sufficient to satisfy this section. Milwaukee Journal Sentinel v. DOA, 2009 WI 79, 319 Wis. 2d 439, 768 N.W.2d 700, 07-1160.