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Wisconsin Legislature: AB396: Bill Text
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AB396: Bill Text
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2025 - 2026 LEGISLATURE
LRB-3546/1
RAC:ads&emw
2025 ASSEMBLY BILL 396
August 29, 2025 - Introduced by Representatives
Rivera-Wagner
,
Andraca
,
Bare
,
Clancy
,
Fitzgerald
,
Goodwin
,
Hysell
,
Joers
,
Kirsch
,
Madison
,
Miresse
,
Moore Omokunde
,
Phelps
,
Roe
,
Sheehan
,
Sinicki
,
Stroud
,
Stubbs
and
Tenorio
, cosponsored by Senators
Larson
,
L. Johnson
,
Ratcliff
and
Spreitzer
. Referred to Committee on State Affairs.
AB396,1,3
1
An Act
to amend
13.124 (1) (b), 13.124 (2) (b) and 13.124 (3) (b);
to create
2
13.124 (4) of the statutes;
relating to:
appointment of legal counsel by the
3
legislature.
Analysis by the Legislative Reference Bureau
Current law authorizes the speaker of the assembly, the senate majority leader, and the cochairpersons of the Joint Committee on Legislative Organization to retain legal counsel for a number of purposes. These purposes include retention of legal counsel for matters affecting the interests of the assembly, senate, or legislature. Also, by longstanding practice and constitutional authority, each house, or the houses jointly, may retain legal counsel by action of the full body or bodies or by action of the Committee on Assembly Organization, the Committee on Senate Organization, or JCLO.
This bill provides that the assembly, the senate, and the houses jointly, and any legislator or legislative committee, may not obtain legal counsel other than from the Department of Justice unless that action is submitted to the full house, or houses in the case of a joint appointment, and the appointment of legal counsel is approved by a majority of the members present and voting of the house or houses.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB396,1
1
Section
1
.
13.124 (1) (b) of the statutes is amended to read:
AB396,2,7
2
13.124
(1)
(b)
The
Subject to sub. (4), the
speaker of the assembly, in his or her
3
sole discretion, may obtain legal counsel other than from the department of justice,
4
with the cost of representation paid from the appropriation under s. 20.765 (1) (a),
5
in any action in which the assembly is a party or in which the interests of the
6
assembly are affected, as determined by the speaker. The speaker shall approve all
7
financial costs and terms of representation.
AB396,2
8
Section
2
.
13.124 (2) (b) of the statutes is amended to read:
AB396,2,14
9
13.124
(2)
(b)
The
Subject to sub. (4), the
senate majority leader, in his or her
10
sole discretion, may obtain legal counsel other than from the department of justice,
11
with the cost of representation paid from the appropriation under s. 20.765 (1) (b),
12
in any action in which the senate is a party or in which the interests of the senate
13
are affected, as determined by the senate majority leader. The senate majority
14
leader shall approve all financial costs and terms of representation.
AB396,3
15
Section
3
.
13.124 (3) (b) of the statutes is amended to read:
AB396,2,22
16
13.124
(3)
(b)
The
Subject to sub. (4), the
cochairpersons of the joint
17
committee on legislative organization, in their sole discretion, may obtain legal
18
counsel other than from the department of justice, with the cost of representation
19
paid from the appropriation under s. 20.765 (1) (a) or (b), as determined by the
20
cochairpersons, in any action in which the legislature is a party or in which the
21
interests of the legislature are affected, as determined by the cochairpersons. The
22
cochairpersons shall approve all financial costs and terms of representation.
AB396,4
23
Section
4
.
13.124 (4) of the statutes is created to read:
AB396,3,4
24
13.124 (
4
) The assembly, the senate, and the houses jointly, and any legislator
1
or legislative committee, may not obtain legal counsel other than from the
2
department of justice unless that action is submitted to the full house, or houses in
3
the case of a joint appointment, and the appointment of legal counsel is approved by
4
a majority of the members present and voting of the house or houses.
AB396,3,5
5
(end)
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