TPMDC
Peter Barca: March 2011

Wisconsin

Wis. Republicans Publish Anti-Union Law -- In Apparent Defiance Of Court Order


Wisconsin state Senate Majority Leader Scott Fitzgerald (R) and Gov. Scott Walker (R)

Yet another shoe has dropped in the battle over Wisconsin Gov. Scott Walker's (R) anti-public employee union law -- with state Republican leaders now apparently defying or attempting to circumvent a court order that temporarily blocked implementation of the law.

Last week, a judge in Dane County (Madison) blocked the law on procedural grounds, ruling that a key conference committee used to advance the bill -- and to get around the state Senate Dems' walkout from the state -- had violated the state open-meetings law by failing to give proper 24-hours notice.

The judge's order "restrain[ed] and enjoin[ed] the further implementation" of the law, including the prevention of Secretary of State Doug LaFollette (D) from publishing the act in the Wisconsin State Journal, which acts as the state's official newspaper for the purpose of giving the public official notice of new laws -- the final step for the law to take effect. That decision is now going through an appeals process, which remains up in the air.

But now, state Republicans have had the bill published through a different office -- the Legislative Reference Bureau, which handles drafting and research for the legislature -- according to the LRB's statutory requirement to publish legislation within ten days of enactment. Interestingly, the LRB itself says that this publication does not constitute action that would put the law into effect. But the state's Republican leaders disagree. Senate Majority Scott Fitzgerald (R) says the LRB publication constitutes official publication and the insists the law will take effect Saturday.

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Topics: 2012 elections, Maryann Sumi, Peter Barca, Scott Fitzgerald, Scott Walker, Wisconsin , Wisconsin Protests, Wisconsin State Legislature

Wisconsin

Wis. Senate: We Didn't Have To Provide Notice For Key Committee Meeting On Union Bill


State Senate Majority Leader Scott Fitzgerald (R-WI)

Last night in Wisconsin, amidst the uproar over the state Senate's surprise passage of Gov. Scott Walker's anti-public employee union bill, state Senate Majority Leader Scott Fitzgerald's (R) office released a counter-argument to one particular Dem objection: That the sudden conference committee would have violated the state's open meetings laws.

At last night's conference committee (video below), Assembly Minority Leader Peter Barca (D) strenuously argued that the conference committee violated the state's open meetings law, which requires at least 24 hours notice before a government meeting, unless there is good cause to act more quickly. Instead, only about two hours notice was supplied for this meeting. As the Capital Times reports, many opponents of the bill are already mobilizing challenge the bill on this basis, that a key meeting to pass the bill was illegal.

In response, as WisPolitics reported last night, Fitzgerald's office released a message from Chief Clerk Rob Marchant, saying that the conference was subject to different rules -- the ones governing special sessions of the legislature -- and that no advance notice is required at all.

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Topics: Peter Barca, Scott Fitzgerald, Scott Walker, Wisconsin , Wisconsin Protests, Wisconsin State Legislature

Peter Barca

Wisconsin Conference Committee Passes New, Stripped-Down Anti-Union Bill

The special conference committee in Wisconsin -- convened in order to strip out the fiscal elements of Gov. Scott Walker's budget repair bill, in order to pass the anti-public employee union proposals and avoid the state SenateDemocratic boycott of the three-fifths budget quorum -- just met for roughly five minutes and passed the bill.

Assembly Minority Leader Peter Barca (D) attempted to make a motion to delay the meeting or make amendments -- and was not recognized for a motion by the chair, state Senate Majority Leader Scott Fitzgerald. Barca argued, over Fitzgerald's attempts to say there would be no motions, that the conference committee violated the state's open meetings law, which requires at least 24 hours notice before a government meeting, unless there is good cause to act more quickly.

The bill then passed in committee on a 4-2, party-line margin -- and in a surreal sight, the online feed of the state equivalent of C-Span, Wisconsin Eye, faded out to tranquil music as the video was playing the shouting and ire of the meeting itself.

The bill to strip away most collective bargaining for public employee unions, and impose new limits on union organization, is now headed to the full chambers.

Late Update: Jessica Arp with the local CBS affiliate reports that the Senate has just passed the bill by a margin of 18-1 -- with only moderate Republican Dale Schultz voting no, in absence of the Democrats who had fled the state in order to block budget quorum.

Mary Spicuzza with the Wisconsin State Journal reports that the Assembly will move on the bill tomorrow.

Read our updated report on events in Wisconsin here.

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Topics: Peter Barca, Scott Fitzgerald, Scott Walker, Wisconsin , Wisconsin Protests, Wisconsin State Legislature