Wisconsin's collective bargaining law. Is it law? My take

[LiberalFighter]

13.92(1)(b)4
13.92 Legislative reference bureau.
(1) Duties of the Bureau
(b) Drafting section

4. Publish each act on its date of publication. Upon receipt of notice from the secretary of state under s. 14.38 (10) (a), the bureau shall enter the act number, date of enactment and date of publication of each act on the camera−ready copy and deliver it to the contract printer for reproduction. The copy shall identify material deleted from existing law by stricken type, and material inserted into existing law by underscored type. In any act published “vetoed in part”, the material subject to the veto shall be displayed in full but shall be identified by distinguishing marks. The bureau shall make copies available on or before the date of publication of the act. The number of copies printed, and the quality of paper used, shall be as provided in the joint rules and as further determined by the joint committee on legislative organization.

Recap: The Legislative Reference Bureau creates camera-ready copy and delivers it to the Wisconsin State Journal (Official State Newspaper). But only when they have received notice from the Secretary of State. Since the SoS rescinded the notice they have not been given notice.

35.095 Acts. (1) DEFINITIONS. In this section:

(a) “Date of enactment” means the day on which a bill becomes an act through approval by the governor, passage over the governor’s
veto or failure of the governor to act on it or the day on which a portion of a bill which has been vetoed in part is enacted over the governor’s partial veto.
(b) “Date of publication” means the date designated by the secretary of state under sub. (3).

35.095 Acts. (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.

991.11 Effective date of acts.

Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated under s. 35.095 (3) (b).

985.04 Official state newspaper.

The joint committee on legislative organization shall recommend to the legislature to designate some newspaper published in Wisconsin to be the official state newspaper, which shall publish all legal notices required to be published therein. Any such publication from any of the state agencies shall be deemed official. The joint committee may invite bids from all newspapers which meet the requirements of s. 985.03, but if it does so, it is not required to recommend the lowest bidder as the official state newspaper. The joint committee shall introduce its recommendation in the legislature in the form of a joint resolution. No designation takes effect until the joint resolution is adopted. A newspaper which is designated the official state newspaper shall continue as such until the legislature designates another newspaper to be the official state newspaper.

Wisconsin State Constitution
Article IV. Legislative

Enactment of laws. SECTION 17.
(1) The style of all laws of the state shall be “The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:”.
(2) No law shall be enacted except by bill. No law shall be in force until published.
(3) The legislature shall provide by law for the speedy publication of all laws. <1975 J.R. 13, 1977 J.R. 7, vote April 1977>

[Tx4obama]

1. Sec of State Follette sent a letter to the referencing bureau ordering the bill to NOT be published

SNIP

After the restraining order was issued on March 18, La Follette sent a letter that same day to the reference bureau rescinding earlier instructions to publish the bill on Friday. "I further instruct you to remove all reference to March 25, 2011, as the publication date and not to proceed with publication until I contact you with a new publication date," his letter said.

http://videocafe.crooksandliars.com/heather/wi-republicans-publish-collective-bargaini

[Tx4obama]

2. The Judge's order

SNIP

Most of the debate has been over who's right on this issue of who can pull the trigger, as it were, to make a law go into effect. (See our report for the details of the dispute.) But as we note in our story, the actual transcript of the judge's ruling seems much broader than that.

A transcript of the judge's ruling reads: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10. The next step in implementation of that law would be the publication of that law by the secretary of state. He is restrained and enjoined from such publication until further order of this court."

I want to be clear that not only am I not an expert on Wisconsin state law but that each of these controversies seems to move the state further into uncharted legal and even constitutional territory. So every judgment must be tentative. But a plain reading of the judge's order suggests a very broad injunction. Not only did she bar the specific modality of implementation. She seemed to enjoin any steps to put the law into effect. "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10." And if that's the case, all these technical questions on who can 'publish' the law seem moot.

SNIP

http://www.talkingpointsmemo.com/archives/2011/03/a_bit_more_detail.php#more?ref=fpblg

[rzemanfl]

3. It is not law. The Repukes are just blowing smoke. As long as

the Dems get control of the Wisconsin Supreme Court on April 5th, it will remain that way. The only reason this is uncharted territory is that no one has ever been this shifty before. If the balance on the Court stays as it is they will come up with a Bush v. Gore type decision and make the non-law a law.

[LiberalFighter]

4. Based on the Legislative Reference Bureau's duties

They can only cause to publish a law when they have been directed by the Secretary of State. Not by any state legislator, governor, or other state agency. So unless the LRB has been directed by the SoS they are in violation of the law even for just putting it on their website I would believe.

Another point I believe that might be pursued is that it has to be done within 10 days. Does the injunction allow for the 10 day requirement to be ignored if they by chance rule that the open air law was not violated? Or would that fact also require the legislation to be declared invalid?


RECAP:
Secretary of State must direct the Legislative Reference Bureau to cause the act to be published within 10 working days. (Wasn't done)

The Legislative Reference Bureau must have the act published in the official state newspaper on the date designated by the Secretary of State not later than 10 working days after the governor signs, partially vetoes, or fails to act on the bill. (Wasn't done)

Publication of legal notices which also includes state laws in this case is by the official state newspaper. Only when it is published by the official state newspaper does it allow for the law to go into effect the next day.