The Legislative Reference Bureau published Gov. Scott Walker’s controversial budget repair bill online Friday afternoon, prompting discussions as to whether the publication meant the bill had become law.
As articulated by the Wisconsin statutes, LRB is required to publish a bill 10 days after it is signed by the governor. However, a court case filed by the Dane County district attorney led to a temporary restraining order placed on the secretary of state and prevented him from publishing the bill.
LRB’s publication sent observers scrambling to figure whether the bill had actually become law despite the ongoing court case.
According to conversations held between Assembly Minority Leader Peter Barca, D-Kenosha, and Legislative Council attorneys, the bill’s provisions, including requiring public employees to contribute more for their pensions and health care premiums and the rollback of collective bargaining rights, would not take effect because of the LRB’s publication.
Legislative Council staff attorney Scott Grosz wrote in an email to Barca that it was his understanding LRB did not intend for their publication of the bill to determine whether the bill was now in effect. Grosz said he had spoken with LRB Chief Steve Miller, who reaffirmed the secretary of state as the only person who could publish a bill into law.
But Republican leaders disagreed and said they would act as if the LRB’s publication of the bill made the bill law.
Assembly Majority Speaker Jeff Fitzgerald, R-Horicon, said he went to LRB Friday and asked them to publish the bill since the court order only barred the secretary of state from publishing the bill.
He said he insisted LRB’s online posting of the bill Friday meant the bill would be in effect on Saturday.
Department of Administration Secretary Mike Huebsch said Saturday that he would begin implementing the law in accordance with statutes requiring the department to do so after the publication of a bill.
“We are mindful that the act is continuing to be litigated and we will continue to be responsive to the courts as the law begins to be applied,” Huebsch said in a statement.
The original court case that placed a temporary hold on the secretary of state from publishing the bill is scheduled for Tuesday.
– The Associated Press contributed to this report.
