From the Milwaukee Journal Sentinel:
In a stunning twist, Gov. Scott Walker's legislation limiting collective bargaining for public workers was published Friday despite a judge's hold on the measure, prompting a dispute over whether it takes effect Saturday.
The measure was published to the Legislature's website with a footnote that acknowledges the restraining order by a Dane County judge. But the posting says state law "requires the Legislative Reference Bureau to publish every act within 10 working days after its date of enactment."
The measure sparked protests at the Capitol and lawsuits by opponents because it would eliminate the ability of most public workers to bargain over anything but wages.
The restraining order was issued against Democratic Secretary of State Doug La Follette. But the bill was published by the reference bureau, which was not named in the restraining order.
How did they pull that off?
Walker signed the bill March 11. Under state law, it must be published within 10 working days, which was Friday.
It hasn't been printed in the Wisconsin State Journal, the official state newspaper, as other laws are. Late Friday, State Journal publisher Bill Johnston said in an e-mail that the notice for the law had been scheduled to run but had been canceled. He did not elaborate.
La Follette urged caution Friday, saying the measure has not been published yet by his office. He said he believes the law cannot go into effect until he directs the State Journal to publish it, which he has not done.
Senate Majority Leader Scott Fitzgerald (R-Juneau) said it didn't matter that it hasn't appeared in the paper.
"It's published," Fitzgerald said. "It's law. That's what I contend."
Fitzgerald and Miller met Friday. Miller said Fitzgerald asked him to publish the law and, after reading the statutes, Miller agreed that he could do so. He said he had never published a law without being given a date by the secretary of state during his 12 years of running the reference bureau.
So is the anti-labor legislation published law now or not?
In a memo to Assembly Minority Leader Peter Barca (D-Kenosha), an attorney for the nonpartisan Legislative Council said that the legislation would not become law based on Friday's action. That's because although state law provides for a separate role for both the reference bureau and the secretary of state in publishing laws, the section in state law on when legislation takes effect refers only to action by the secretary of state, the memo said. ...
...The Department of Justice appealed the restraining order, and on Thursday an appeals panel - without weighing in on the merits of the case - said the state Supreme Court should take up the matter. The high court has not decided what to do.
Will the state Supreme Court cave?
