Friday, March 25, 2011

They Did What?

According to news reports The Legislative Reference Bureau has published the controversial collective bargaining law despite the temporary restraining order that is in place.

A footnote mentions the court order but notes that statute "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment." Section 30.095 (3) (a) does require the LRB to publish "within 10 days after its enactment". The secretary of state, however, sets the date of publication (within those ten days) and the secretary of state has been restrained by a court order from proceeding with publication.

So, was this a mere ministerial act by the LRB or a deliberate attempt to do an end run on the restraining order? And what does it mean? Are they going to argue that the Act has taken effect? Hard to believe the trial judge would stand for that. More political gamesmanship.

Here's a theory: The Walkerstans actually want to drag out the legal maneuvering past David Prosser's April 5 election date so that he doesn't have to vote to uphold this Act before the voters go to the polls.

Saturday update: Nice theory, but it appears the LRB took this action on its own.

But officials with the nonpartisan Reference Bureau and the Legislative Council — the Legislature's drafting and research agency and its legal service, respectively — said publication of the act online was only an administrative step.

But the FitzWalkers did jump on the publication to claim the law goes into effect on Saturday (today).

Unintended consequences: The same story quotes Madison atttorney Lester Pines as saying that would also open up legal channels for other groups who have been waiting to challenge the law but had to wait until it was enacted.

"This is going to unleash a tsunami of litigation," Pines said.


Prosser's in trouble and running scared. He is taking the low road at their face-to-face debates. He sounds like a whiny schoolboy. (OK, he actually sounds like whiny -the-name-he-called-the-Chief-Justice.).

30.095 (3) PUBLICATION. (a) The legislative reference bureau shall

publish every act and every portion of an act which is enacted by

the legislature over the governor’s partial veto within 10 working

days after its date of enactment.

(b) The secretary of state shall designate a date of publication

for each act and every portion of an act which is enacted by the legislature

over the governor’s partial veto. The date of publication

may not be more than 10 working days after the date of enactment.

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