Legal Commentary

WI Collective Bargaining Bill ?Published? Despite TRO

By Jonathan H. Adler

The Journal-Sentinel reports that the controversial bill limiting public employee collective bargaining rights has been published by the Legislative Reference Bureau.  State law requires that the Bureau publish newly enacted bills within ten days of passage.  What about the county court?s TRO?  Apparently the Bureau was not subject to the order, which was directed against the Secretary of State.  Does this mean the law is now in effect?  Good question.  From the Journal-Sentinel story:

Laws normally take effect a day after they are published, and a top GOP lawmaker said that meant it will become law Saturday. But the nonpartisan legislative official who published the law disagreed.?I think this is a ministerial act that forwards it to the secretary of state,? said Stephen Miller, director of the Legislative Reference Bureau. ?I don?t think this act makes it become effective. My understanding is that the secretary of state has to publish it in the (official state) newspaper for it to become effective.? . . .

The law has not 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 email that the notice for the law had been scheduled to run but had been canceled. He did not elaborate.

Senate Majority Leader Scott Fitzgerald (R-Juneau) claimed 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.?

Full post as published by The Volokh Conspiracy on March 25, 2011 (boomark / email).