From the article.
Senate Rule 93 says that when the Legislature is in special session, "A notice of a committee meeting is not required other than posting on the legislative bulletin board."
That's the rule Republican leaders are citing in their contention that one of the votes leading up to passage of Gov. Scott Walker's controversial anti-union bill was legal.
So, if the Republicans are correct and they followed the rules that the fleebaggers wrote yet the judge still finds their "misconduct" as a reason for "staying" then the GOP are in fact being punished and the FLeeBaggers did in fact FLEE.. Is the person who filed the suit a demonRat? You betcha!
Please review Posts #31, #43, and #55 for content and links...
1. The schedule session for the Senate was schedule from March 8 - March 10, the bill in question was passed on March 9th during Regular Session.
False, the regular session was suspended and they entered special session.
Please show us were the legislature adjourned on or about March 8th and then the Governor called them back into Special Session on March 9th.
The special session was called on Jan 4th and continued into the regular session.
3. Senate Rule 93 only applies to Special Sessions, since the Legislature was in Regular Session Rule 93 would probably be found to not apply in the courts which may mean the Open Meeting law is applicable.
It doesn't matter, they complied with the rule in any event
Actually it does matter, if the Legislature was in Regular Session then the exemption to the Law for Senate Rule 93 was not applicable.
4. Republican leaders in the Senate can site any rule they want to justify their actions, that doesn't mean the rule actually applies in the way they hope to convince people it does.
In this case however... it does.
Maybe, maybe not. That's what the challenge is about.
See under the Wisconsin Constitution, if Senate considered itself in Special Session, then the Constitution says they could take no other actions except those under which the Governor called the Special Session for.
The meeting was posted to the bulletin board more than 2 hours before the meeting was held. That is the only "requirement" under the law.
Incorrect, if in Regular Session then Wisconsin Open Meeting Law requires 24-hours notice.
Only 2 hours notice is required if its impossible or impractacle to give 24 hrs notice under the regular rules. And it is the Senate thats empowered to decide what is impractacle for itself.
Please post the Regular Session rules that provides for this.
The judge issued the stay in keeping with the rules by which a stay is issued, which does not under these circumstances even require a liklihood of winning on the merits. It only requ9ires that on ballance the agrieved party will be more damaged than the defendent in the event the stay is not issued and that enough doubt exists to warrant further investigation.
I agree, some have referred to the stay as "punishment" for the GOP, no it's not. It's simply the Judge exercising authority to delay implementation for a short time to allow both side to prepare their cases.
Now, as I've previously said, if the GOP was smart they would repeal the previous bill (rendering the court case moot) and then resubmit the bill with proper notiifcations and time frames and then simply re-pass the bill. Someone even mentioned that the Judge said that could be done (I can't confirm that though, it was a poster here).
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The Wisconsin Legislative Schedule list Regular Session Floor periods. If, as you propose, the Special Session extended into the Regular Session and the Senate remained in Special Session then under the Constitution of Wisconsin no action other what the Governor called them into Special Session could be addressed.
The Wisconsin Legislature says
(Wisconsin Legislative Spotlight)
January 2011 Special Session
Governor Walker called the legislature into special session on January 4 to consider legislation on a variety of topics, including tax credits, tort law, medical savings accounts, other legislation relating to taxation, and the budget repair bill.
The Wisconsin Legislature Lists the following bills as being part of the Special Session (Ill just list the Senate's,
Wisconsin Legislature Data
SB1JR1
SB2JR1
SB3JR1
SB4JR1
SB5JR1
SB6JR1
SB7JR1
SB8JR1
SB9JR1
SB10JR1
SB11JR1
SR1JR1
However, the following Bills show action on or prior to March 9th:
- SB12 (Retailer Discounts & Taxes, Not part of Special Session)
- SB15 (Traffic stop data collection)
- SB16 (Act relating to telephone calls)
- SB17 (Concerning Non-resident campaign finance)
- SB18 (Law enforcement health insurance for surviving spouses for those killed)
- SB19 (Disinfection of Municipal Water Supplies)
- SB20 (City of Milwaukee Sale of School Property)
- SB21 (City of Waukesha Retail Project)
- SB22 (Charter Schools)
- SB23 (Local ordinances regarding medical leave)
- SB28 (Composition of the Board of Regents for U of WI)
- SB30 (Residency requirements for Police and Firefighters)
- SB32 (standards for places of employment and public buildings)
- SB33 (Removal of Abandoned Dams)
- SB34 (Prohibition against residency requirements for Teachers)
Logically, the Majority Leader of the Senate can't have it both ways. Either the Senate was in Special Session, if so then then they could not have addressed the items in the second list as the Constitution clearly says that no other items except those for which the Special Session was called can be addressed. Or the Special Session ended when the Regular Session started which means they were free to take the additional actions that they did.
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