Tornado Alley (PROG)

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http://www.jsonline.com/news/statepolitics/118775974.html

Walker team says it's implementing union legislation

Madison - Gov. Scott Walker's administration says it is implementing its budget repair legislation affecting public worker unions, even as Democrats and nonpartisan legislative staff say it's not yet law.

Spokesmen for Walker and his Department of Administration had no immediate comment Monday on efforts to implement the law and whether they have started removing increased health and pension contributions from the salaries of state workers.

On Saturday, Secretary of State Doug La Follette said that the budget-repair bill has not taken effect because it has not been published by his office.

"It's still an act of the Legislature that has not yet become law because I have not yet designated a publication date," La Follette said.

He added the law cannot take effect until he directs publication in the official state newspaper, the Wisconsin State Journal. Normally, a bill takes effect the day after publication.

La Follette's declaration added another twist in the drawn-out drama surrounding Gov. Scott Walker's budget-repair bill, which curtails collective bargaining for most public employees.

After weeks of demonstrations at the state Capitol, a walkout by Senate Democrats and a final push by Republicans to pass the measure, the bill's fate, at least for now, would appear to be in the hands of the courts.

A Dane County judge issued a temporary restraining order preventing La Follette from publishing the measure. But late Friday, the bill was published by the Legislative Reference Bureau, which was not named in the restraining order.

The director of the bureau, Stephen Miller, said Friday that publishing the bill was a "ministerial act" and that it still had to be published in the official state newspaper for it to become effective.

The Department of Administration said Friday that it will carry out the law.

And Saturday, DOA Secretary Mike Huebsch said in a written statement: "Upon the advice of my legal counsel, the Department of Administration will begin the process of implementing (the law) as we are required to do the day after a bill is lawfully published. We are mindful that this act is continuing to be litigated and we will continue to be responsive to the courts as the law begins to be applied."

An aide to Huebsch said in a text message that the secretary "believes" the budget-repair bill has "been lawfully published."

Huebsch was not available for further comment. The Walker administration did not make a spokesman available to offer further clarification.

Left unanswered were questions on the bill's immediate impact on thousands of state workers.

Increased health insurance premiums and retirement contributions for state workers were due to take effect Sunday, according to information on the Office of State Employment Relations website.

Senate Minority Leader Mark Miller (D-Monona) said the latest statement by Huebsch "is just another example of how desperate the governor and the Republican leadership is to try to circumvent the law and circumvent having a court determine whether or not they acted appropriately with the law."

Dane County District Attorney Ismael Ozanne, a Democrat, filed a complaint this month to block the law. He claimed a committee of lawmakers violated the open meetings law when they approved the measure, advancing the measure for passage by the Republican-controlled Assembly and Senate.

Republicans said they did not violate the law.

On March 18, Dane County Circuit Judge Maryann Sumi issued a restraining order to block La Follette from publishing the law.

"Our position is clear, we don't think the bill was published," Ozanne said Saturday while working in his office in Madison.

A hearing on the merits of Ozanne's case is set for Tuesday in Sumi's court.

The state Department of Justice has appealed the order and an appeals court said the state Supreme Court should take the case. The high court has not ruled.