How the Legislature works

By Phil Brinkman, State government reporter

As one of three co-equal branches of government, the state Legislature is the closest to the people.

Unlike governors and Supreme Court justices, elected on a statewide ballot, state senators and representatives reflect the values and idiosyncrasies of a particular region or even segment of a city.

That proximity to voters is why legislators are entrusted with writing the laws that affect everything from how much of your paycheck goes to taxes to when your child starts school in the fall.

Each session, members of the majority party elect leaders who decide which proposals will be considered and try to coordinate members' efforts around a common agenda. Minority members often are limited to appealing to their colleagues' sense of fair play and biding their time until the next election.

Yet every legislator is elected to represent roughly the same number of people in each house: 54,179 in the Assembly and 162,536 in the Senate. The diversity of opinions and personalities can make for a lively, and sometimes chaotic, institution.

Control of the Legislature

There are 33 members in the Senate and 99 representatives in the Assembly. Senators serve four-year terms, while representatives serve two years each.

All members of the Assembly and approximately half of the members of the Senate are elected in even-numbered years. The 16 senators from even-numbered districts are elected in years when there is a presidential election; the remaining 17, representing odd-numbered districts, are chosen in years when voters pick a governor.

Over the past decade, Democrats and Republicans have fought for control of the Legislature.

Democrats controlled both houses from 1975 until they lost the majority in the state Senate at the beginning of January 1993 when three Democratic state senators left. Special elections in 1993 turned a 15-15 tie in the Senate into a 17-16 Republican majority. Republicans retained that advantage in the 1994 election when only one Senate seat changed hands.

It's been back and fourth in the Senate ever since. In 1996, Democrats took back control in a special election. Another special election in the spring of 1998 swung the Senate back to Republican control until the following November, when Democrats regained the lead, 17-16. They widened their margin to 18-15 in 2000.

But in 2002, weeks after former Democratic Senate Majority Leader Chuck Chvala, D-Madison, was charged with numerous felonies related to his conduct in office, Democrats lost three seats, giving Republicans an 18-15 edge.

By early 2003, the Democrats' number shrank by two after incumbent Sens. Kevin Shibilski, D-Stevens Point, and Richard Grobschmidt, D-South Milwaukee, left for other state jobs. Democrats were expected to hold onto both seats in special elections later in the year.

In the Assembly, Republicans won control in the November 1994 election, winning all but one open seat and converting a 52-47 minority into a 51-48 majority. They since have expanded their margin every election, taking a 58-41 lead in November 2002.

Since the election, Rep. Antonio Riley, D-Milwaukee, left to take a job with the Democratic administration of Gov. Jim Doyle. That seat is also expected to stay in Democratic hands.

Several sessions

The Legislature will convene several times during its two-year session.

Most of the debate on major legislation occurs in the spring and fall in the first year of the two-year session and in the first six months of the year in the second year. But lawmakers may meet in special session to deal with specific problems.

Spending decisions go through the Joint Finance Committee, a panel of eight Assembly representatives and eight senators that receives the governor's budget and writes the first legislative draft of the two-year package of spending and taxes.

The public may attend sessions in the Senate, which meets in the Capitol's South Wing, or Assembly, which meets in the West Wing.

For seating in both the Assembly and Senate, you will be directed to the galleries on the third floor, which overlook the chamber floors.

Public hearings

Many factors go into creating legislation, including public opinion.

One of the best ways to learn more about an issue is to attend committee hearings. If you want to offer an opinion, you need not be a parliamentarian or a great speaker.

People who wish to testify need only register with committee chairs or secretaries.

A schedule of committee hearings is available online through the Legislature's Web page, www.legis.state.wi.us. (Click on "legislative activity," then "calendars.") Hearing schedules also are posted throughout the Capitol.

Watch for flags

What's the easiest way to tell when legislators are meeting?

If you're within sight of the Capitol, look for the flags.

When the Assembly is in session, the flag atop the West Wing (State Street entrance) flies. When the Senate is in session, a flag flies above the South Wing (South Hamilton entrance).

The electronic Legislature

Increasingly, however, people are following the action at home or their office via the Legislature's Web page, www.legis.state.wi.us, which features links to live video and audio from both chambers, the full text of bills and resolutions, schedule of floor sessions and public hearings, and links to lawmakers' home pages.

Typical schedule

State senators and representatives do more than attend floor sessions.

When the Legislature is in session, lawmakers usually meet formally on Tuesdays, Wednesdays and Thursdays. Many also are in their Capitol offices Mondays and Fridays.

When not on the floor, many lawmakers attend committee hearings in which bills are examined through public testimony.

Legislators' responsibilities are not limited to work in Madison. They visit their districts regularly to attend meetings, appear at civic events or just shake hands.

A large part of legislators' time is taken up handling problems constituents have with state government. For questions or problems about an issue, it's best to reach senators or state representatives by letter, e-mail or telephone in their Capitol offices.

Caucuses

Frequently the majority and minority parties in the Senate and Assembly meet in caucus before floor sessions to discuss issues and amendments to bills, particularly the budget.

Caucuses generally are open. They are not covered by the state's Open Meetings Law, however, so meetings sometimes are closed to discuss party strategy or to air internal disputes.

For 30 years, the caucuses each had an office and several full-time staff members. Those offices were abolished in October 2001 as part of a settlement between lawmakers and the state Ethics and Elections boards after a series of news stories exposed how the caucuses operated largely as state-funded campaign machines for the legislative leadership.

A little help

Legislators aren't necessarily any smarter than the rest of us. But they do get a lot of help crafting and making sense of complex legislation. Six nonpartisan service agencies exist to serve lawmakers:

• The Legislative Audit Bureau, which reviews the performance of state-funded agencies to ensure they are operating efficiciently and in compliance with the law.
• The Legislative Fiscal Bureau, which provides revenue and cost estimates for the state budget and individual pieces of legislation.
• The Legislative Reference Bureau, the Legislature's library and research arm, which helps legislators draft bills and summarizes proposed legislation in plain English.
• The Legislative Technology Services Bureau, which provides technical support for the Legislature's massive computer network and Internet services.
• The Revisor of Statutes Bureau, which helps legislators clear up any conflicts between new and existing laws.
• The Joint Legislative Council, a non-partisan agency governed by a group of 22 legislators, which establishes study committees to help legislators resolve some of the state's most vexing problems. It studies and approves rules for the two chambers and provides professional legal staff for some of the Legislature's standing committees.

Salaries, benefits

Legislators elected or re-elected in the fall of 2002 will draw $45,569 a year in salary.

In addition to their salaries, legislators outside Dane County may receive up to $88 a day each in living expenses while they are in Madison on state business (some choose to accept less). Members of the Dane County delegation are allowed up to $44 each in expenses.

Each senator also receives $75 a month in "out-of-session" pay when the Legislature is in session for three days or less.

Over two years, each senator is allotted $66,008 to cover general office expenses, printing, postage and district mailings; Assembly members receive $10,000 for such expenses.

Reference Bureau

Although it works primarily for the Legislature, the Legislative Reference Bureau, 100 N. Hamilton St., is an excellent source of public information. The telephone number is 266-0341.[bri: cq: ] The e-mail address is, lrb.reference@legis.state.wi.us.

Staff members can answer questions on legislation and other aspects of government.

The bureau prepares the Wisconsin Blue Book for publication in the fall of odd-numbered years. The book is the most detailed almanac on Wisconsin government. It is distributed by Document Sales and Distribution, 202 S. Thornton Ave., Madison. The mailing address is P.O. Box 7840, Madison, Wis. 53707.

The price for the current edition: $7.25 plus sales tax at the counter; $9.30 plus tax if mailed. The new edition will be available this fall. The full text of the book also is available on the state Legislature's Web page.

Phone, e-mail directories

The state also publishes a phone directory of state agencies, available from Document Sales and Distribution for $4.50.

The office stopped publishing a full directory of state employees in 2001. But for those with access to the Internet, there are up-to-the-date telephone and e-mail directories at www.wisconsin.gov (click on "government" then "state agencies").

Hotline

Want to know who your legislator is? Have a question about a bill or a committee hearing? If you don't have access to the Legislature's Web site, call the legislative hotline. It's staffed from 8 a.m. to 5 p.m. Monday through Friday.

Telephone numbers are, toll-free, (800) 362-9472 or 266-9960.

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