From: Grosz, Scott
Sent: Friday, March 25, 2011 7:08 PM
Subject: LRB Publication of 2011 Wisconsin Act 10
You asked me to summarize our conversation regarding the effect of the publication of 2011 Wisconsin Act 10 by the Legislative Reference Bureau (LRB) on Friday, March 25, 2011.
Generally, as we discussed, it is my understanding that the LRB did not intend for its action to independently determine the effectiveness of Wisconsin Act 10, and that further action by the Secretary of State is required in order for Act 10 to take effect. The following is a brief summary of our conversation and the statutory analysis on which I believe the LRB relied in reaching its conclusion.
Following your initial inquiry, our office spoke with LRB Chief Steve Miller. Mr. Miller indicated that the effectiveness of Act 10 is based on publication of the Act by the Secretary of State, rather than publication by the LRB. He indicated that the LRB published the Act in order to satisfy a statutory publication requirement that is separate from the publication duty of the Secretary of State, and that such separate and additional publication by the Secretary of State is required in order for Act 10 to take effect.
In reviewing the relevant statutes, it appears that the LRB reached its conclusion in reliance on the following points. Section 35.095, Stats., specifies obligations of both the LRB and the Secretary of State relating to the publication of acts. Section 35.095 (3) (a), Stats., directs the LRB to publish every act within 10 working days after its date of enactment. Section 35.095 (3) (b), Stats., directs the Secretary of State to designate a date of publication for each act, and specifies that the date of publication may not be more than 10 working days after the date of enactment.
While s. 35.095, Stats., refers to publication-related activities of both the LRB and the Secretary of State, s. 991.11, Stats., makes specific reference to the publication activities of the Secretary of State for purposes of determining the effective date of an act. Section 991.11, Stats., states that every act that 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), Stats. As described above, s. 35.095 (3) (b), Stats., refers to the publication activities of the Secretary of State, rather than the publication activities of the LRB. Accordingly, while certain statutory obligations regarding publication of Act 10 have been satisfied by the LRB, the statutory obligation that relates to the effective date of Act 10 has not yet been satisfied by the Secretary of State, and at this time the Secretary’s actions remain subject to the temporary restraining order issued in Dane County Circuit Court.
I will work to formalize the above analysis as time permits, and may provide additional information and clarification as the need arises.
If you have any additional questions, please do not hesitate to contact me.
Wisconsin Legislative Council
ph. (608) 266-1307