13.365 Intervention. Pursuant to s. 803.09 (2m), when a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense:
(1) The committee on assembly organization may intervene at any time in the action on behalf of the assembly. The committee on assembly organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a), to represent the assembly in any action in which the assembly intervenes.
(2) The committee on senate organization may intervene at any time in the action on behalf of the senate. The committee on senate organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (b), to represent the senate in any action in which the senate intervenes.
(3) The joint committee on legislative organization may intervene at any time in the action on behalf of the legislature. The joint committee on legislative organization may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a) or (b), as determined by the cochairpersons, to represent the legislature in any action in which the joint committee on legislative organization intervenes.
History: 2017 a. 369.
Certain institutional interests of the legislature were sufficient to defeat a facial challenge to the provisions of this section authorizing legislative intervention in certain cases, and those requiring legislative consent to defend and prosecute certain cases. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 13 - Legislative branch.
13.01 - Number of legislators.
13.035 - Designation of members.
13.04 - Legislators' eligibility to other civil office.
13.05 - Logrolling prohibited.
13.07 - Freedom of debate confirmed.
13.085 - Bills increasing certain tax rates.
13.09 - Joint committee on finance.
13.093 - Reference of bills to joint committee on finance.
13.095 - Review of programs started with federal aid.
13.096 - Review of bills establishing vehicle weight limit exceptions.
13.0965 - Review of bills proposing revocation of an operating privilege.
13.0966 - Review of bills or amendments establishing health insurance mandates.
13.097 - Review of legislation providing for conveyances of lake bed areas.
13.0975 - Review of legislative proposals impacting energy availability.
13.098 - Review of legislation relating to alcohol and other drug abuse.
13.099 - Review of bills affecting housing.
13.10 - Joint committee on finance approvals.
13.101 - Joint committee on finance; appropriation and position changes.
13.102 - Joint committee on finance; consideration of biennial budget bill.
13.105 - Marquette University Dental School reports to governor and joint committee on finance.
13.106 - Medical College of Wisconsin and UW-Madison Medical School reports.
13.11 - Records of joint committee on finance.
13.111 - Joint committee on employment relations.
13.121 - Legislators' salaries and benefits.
13.123 - Legislators' expenses.
13.124 - Legal representation.
13.127 - Advice and consent of the senate.
13.13 - Speaker; deputy speaker; president of senate.
13.14 - Miscellaneous expenses.
13.172 - State agency reports.
13.176 - Article V convention.
13.20 - Legislative employees.
13.21 - State departments to cooperate in providing legislative help.
13.22 - Payroll, legislative employees.
13.23 - Election contests; notice.
13.235 - Election contests; legislative inquiry.
13.24 - Testimony in election contests.
13.25 - Expenses of election contest; limitation.
13.27 - Punishment for contempt.
13.28 - Interpellation of officers.
13.29 - Time for interpellation and procedure.
13.30 - State officers; removal by legislature.
13.31 - Witnesses; how subpoenaed.
13.32 - Summary process; custody of witness.
13.39 - Legislative consideration of biennial budget bill.
13.41 - Interim successors for legislators.
13.42 - Virtual meetings of the legislature and legislative committees.
13.45 - General provisions on legislative committees.
13.46 - Majority and minority parties.
13.47 - Legislative state supported programs study and advisory committee.
13.48 - Long-range public building program.
13.482 - State Public Building Corporation.
13.484 - Limitation on certain building projects.
13.485 - Parking structure funding.
13.486 - State office building, completion of.
13.488 - Building commission; powers and duties.
13.489 - Transportation projects commission.
13.50 - Joint survey committee on retirement systems.
13.52 - Joint survey committee on tax exemptions.
13.525 - Joint review committee on criminal penalties.
13.53 - Joint legislative audit committee.
13.55 - Commission on uniform state laws.
13.56 - Joint committee for review of administrative rules.
13.565 - Legislative review of certain rules.
13.57 - National conference of state legislatures.
13.58 - Joint committee on information policy and technology.
13.61 - Lobbying regulated; legislative purpose.
13.625 - Prohibited practices.
13.63 - Licenses for lobbyists; suspension or revocation.
13.65 - Lobbyist authorization.
13.66 - Restrictions on practice of lobbying.
13.67 - Identification of legislative and administrative proposals and topics.
13.68 - Principal's expense statement.
13.685 - Duties of the ethics commission.
13.69 - Enforcement and penalties.
13.695 - Legislative activities of state agencies.
13.71 - Lobbyists restricted during daily sessions.
13.80 - Legislative organization, joint committee on.
13.81 - Joint legislative council.
13.82 - Committees appointed by council.
13.83 - Permanent council committees.
13.90 - Duties and powers of the joint committee on legislative organization.
13.91 - Legislative council staff.
13.92 - Legislative reference bureau.
13.94 - Legislative audit bureau.