The standoff in Wisconsin continues…
Wisconsin Attorney General J.B. Van Hollen wasted no time Friday in announcing the Department of Justice will appeal a judge’s granting of a restraining order that prohibits the publication of the law enacting the Budget Repair Bill.
“The Legislature and the Governor, not a single Dane County Circuit Court Judge, are responsible for the enactment of laws,” said Van Hollen. “Decisions of the Supreme Court have made it clear that judges may not enjoin the Secretary of State from publishing an Act.”
Earlier Friday, Dane County Judge Maryann Sumi granted a temporary restraining order blocking publication of 2011 Wis. Act 10, the Budget Repair Bill, which contains changes to the collective bargaining process for public employees in Wisconsin.
The judge made her announcement Friday morning, saying she did not see sufficient evidence indicating the legislative conference committee could not have given a 24-hour notice for its meeting last week.
Implementation of the Act cannot begin until it is officially published by the Secretary of State. Sumi’s order puts that process on hold, a move Van Hollen argues exceeds her authority.
“Decisions of the Supreme Court are equally clear that Acts may not be enjoined where the claim is that a rule of legislative procedure, even one as important as the Open Meetings law, has been violated,” said Van Hollen. “No matter whether individual citizens agree with the substance of the bill or the manner in which it was enacted, I would hope all see the value in ensuring this matter be given the opportunity to work its way expeditiously through the judicial process.”
Various Democrats and labor union leaders petitioned the court for the order, arguing that 24 hours notice was not given prior to the Conference Committee meeting on the bill.
Republicans, who hold the majority in both the State Assembly and State Senate, counter that the official Rules of the Senate and Assembly waive that notice requirement during Special Sessions of the legislature, like the one in which the budget repair bill was considered.
Senate Rule 93, which provides that for special session bills, “no notice of hearing before a committee shall be required other than posting on the legislative bulletin board,” was actually authored in 1983 by Democratic State Senator Fred Risser (D-Madison), with current Senator Tim Cullen (D-Janesville) the first co-author. The rule’s Assembly counterpart was also implemented in 1983, and supporters included Madison Representative Midge Miller, mother of current Senate Minority Leader Mark Miller (D-Monona).
Act 10 includes several changes in public employee compensation and bargaining powers. Under the new law, most school, state and local employees would have to make a contribution to their pensions, 5.8% of pay for most state employees, and approximately 12.6% of the total cost of their health care premiums. Also, many issues would no longer be subjects of collective bargaining and employee wages could not be raised by more than inflation each year, unless a referendum was passed.