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Thursday, March 10, 2011

With Democrats Absent, Republicans Advance Collective Bargaining Changes

From The Wisconsin Journal-Sentinel and ADF:

Budget Battle: Day 23


With Democrats absent, Republicans advance collective bargaining changes



Tom Lynn



Demonstrators converge once again on the Capitol after the state Senate abruptly voted Wednesday night to eliminate collective bargaining provisions. The Assembly is expected to vote on the issue Thursday.

Maneuver ignites furious protests

e-mail print By Patrick Marley and Lee Bergquist of the Journal Sentinel

March 10, 2011
(4383) Comments



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Budget debate 3/10 Budget debate: 3/9

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Pro-Walker rally in Madison

Pro-Walker rally in Madison

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Budget battle 2/23

Budget battle 2/22

State budget debate: Week two

State budget debate: Sunday

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Opinions



Kane: Will workers choose to stick with their city?

Editorial: Wisconsin's fire-eaters

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Ryan: Charting a path to prosperity

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Related Documents

2011-'13 Budget in Brief (pdf, 77 pages)

Budget Repair Bill summary (pdf)

Current state budget

Madison — With Democrats still in Illinois, the state Senate abruptly voted Wednesday night to eliminate collective bargaining provisions for most public workers that have stood for decades, sending a flood of angry protesters into the Capitol.



The bill, which has drawn international attention, is to be taken up at 11 a.m. Thursday by the Assembly.



That house has already passed a nearly identical version of the wide-ranging bill, which Gov. Scott Walker introduced last month to address a budget shortfall.



The new version passed the Senate 18-1, with Sen. Dale Schultz (R-Richland Center) voting no.



Some of the Democrats who have been boycotting the Senate for three weeks said they would return to Wisconsin once the bill passes the Assembly. But they had not crafted their exact plans for return, and Senate Minority Leader Mark Miller (D-Monona) issued a statement saying they would not return on Thursday after earlier indicating they might.



From Feb. 17 until Wednesday, the Senate Democrats were able to block a vote on the original version of the bill because the state constitution requires 20 senators to be present for bills that authorize spending money. Republicans control the house 19-14.



Republicans devised a plan to get around the impasse and hurriedly approved the bill late in the day after meeting for hours behind closed doors. Walker met with them for more than half an hour at the start of the private meeting.



"The Senate Democrats have had three weeks to debate this bill and were offered repeated opportunities to come home, which they refused," Walker said in a statement. "In order to move the state forward, I applaud the Legislature's action today to stand up to the status quo and take a step in the right direction to balance the budget and reform government."



Just before the Senate vote, a committee stripped some financial elements from the bill, which they said allowed them to pass it with the presence of a simple majority. The most controversial parts of the bill remain intact.



That committee, formed just two hours earlier, quickly approved the bill as the lone Democrat at the meeting screamed that Republicans were violating the state's open meetings law - a claim Republicans disputed.



"This is a violation of law!" bellowed Assembly Minority Leader Peter Barca (D-Kenosha).



Senate Majority Leader Scott Fitzgerald (R-Juneau) ignored him and ordered the roll to be taken.



Minutes later, the Senate took up the bill and passed it without debate.



"Shame on you!" protesters cried from the viewing gallery.



Sen. Bob Jauch (D-Poplar) decried the move as "political thuggery." He and other Democrats warned it could end the political careers of some Republican senators who are under the threat of recalls.



"I think it's akin to political hara-kiri," said Jauch."I think it's political suicide."



Sen. Chris Larson (D-Milwaukee) said Wednesday night that he attempted to drive back from Illinois to Madison to get to the Capitol before Republicans passed the measure.



"If they decide to kill the middle class, it's on them," he said.



Vote defended

Republicans, who quickly left the Capitol after the vote, said in statements they had to pass the bill after Democrats had blocked it for three weeks.



"The people of Wisconsin elected us to do a job," Fitzgerald said. "They elected us to stand up to the broken status quo, stop the constant expansion of government, balance the budget, create jobs and improve the economy. The longer the Democrats keep up this childish stunt, the longer the majority can't act on our agenda."



Sen. Mary Lazich (R-New Berlin) said that GOP lawmakers were seeking to avoid even more painful options, referring to layoff warnings sent out by Walker to unions on Friday.



"Something needs to be done to balance the budget in the current year and avoid large-scale layoffs of public employees," Lazich said.



Schultz - the only one to vote against the bill - said in a statement collective bargaining should be kept intact because it has preserved labor peace for decades. He said the two sides should have been able to work out a deal.



"I've had the honor and privilege of representing folks in southwest and south central Wisconsin for 28 years, and where I come from 'compromise' isn't a dirty word," he said.



In an interview, Miller warned that passing the measure increased the chances of recalling Republicans and said there was a "distinct possibility" Democrats could take control of the house. They would need to win three seats to do that.



"The people I don't think knew what they were getting when they voted last November, so there will be a do-over," Miller said.



In November, voters put Republicans in charge of both houses of the Legislature and the governor's office. Democrats had complete control of state government before that.



Recalls are now under way for 14 senators - eight Republicans and six Democrats.



Miller also said the fight over collective bargaining is soon to leave the domain of the Legislature but is likely to be taken up in the courts.



Republicans said they were able to push through the bill by removing a few provisions, including a $165 million bond restructuring and the no-bid sale of 37 state power plants. But the bill still includes several monetary changes, including charging public workers more for health care and pensions, which will save the state $330 million through mid-2013.



Republicans removed appropriations from the bill to get around the requirement that 20 senators vote on the measure. Fitzgerald said the determination that fewer than 20 senators had to be present was deemed acceptable by three widely respected nonpartisan agencies - the Legislative Fiscal Bureau, the Legislative Council and the Legislative Reference Bureau.



The bill will also help close a $137 million gap in the fiscal year that ends June 30, but not all of it. The rest of the shortfall would have to be addressed with separate legislation later.



The measure would also give Walker broad powers over the state's health care programs for the poor and turn 37 civil service jobs into political appointments.



Most school, state and local employees would have to pay half the cost of their pensions - 5.8% of pay for typical state employees - and at least 12% of the cost of their health care premiums. Wages could not be raised by more than inflation each year, unless a referendum was passed.



Union leaders have repeatedly said they could accept concessions on benefits, but not the termination of most collective bargaining.



Walker has said the benefits changes are essential to his plan to solve his budget for the next two years, which includes deep cuts to schools and local government to erase a $3.5 billion deficit. He says schools, municipalities and counties can absorb those cuts because of the cuts to benefits.



The school and local aid cuts will be at the center of the next major fight before the state Legislature. Fitzgerald said he is expecting such huge crowds at budget hearings next month that he is considering holding them at large sports arenas, such as the Bradley Center in Milwaukee and the Kohl Center in Madison.



Walker has seen a steep drop in his poll numbers between his Nov. 2 election and the controversy over his budget-repair bill. He was steadfast in saying he would not negotiate over the bill for weeks, but starting last week dispatched aides to meet with Senate Democrats who have spent the past three weeks in Illinois.



Democrats and labor groups said Walker was offering little.



Demonstrations have rocked the Capitol for weeks, but had quieted somewhat in recent days. That changed as word of the conference committee meeting spread and thousands of people flocked to the Capitol. They refused to leave well after the building officially closed.



Outside the Senate chambers, protesters chanted "Shame!" "This is not democracy!" and "You lied to Wisconsin!"



Fines issued

Earlier in the day, Republicans fined Democrats $100 each for missing the Senate session.



Fines can be levied under a resolution adopted last week that applies to those who miss two consecutive sessions without an excused absence.



The fines passed 18-0, with all Democrats and Sen. Frank Lasee (R-De Pere) absent. Lasee had an excused absence and was present later for the vote on the budget-repair bill.



A key provision in Walker's budget-repair bill is the restructuring of bond payments to free up cash, but Republicans were unable to include that measure in the bill passed Wednesday because 20 senators were not present.



Walker's administration had said the bond deal had to pass by Feb. 25, but after that deadline passed said lawmakers may have more time for it. On Wednesday, officials said legislators may now have until early April to pass the deal.



Walker's plan would delay a bond payment and spread it over 10 years - a move that frees up cash in the short term but greatly increases the state's interest costs.



The existing bond payment is due May 1, but state law requires internal fund transfers before that date. Administration Secretary Mike Huebsch said in a memo Wednesday he believed the fund transfers could be delayed in a complex maneuver, but warned the move had never been tried. That would allow more time for passing the bond restructuring.



Bill Glauber and Jason Stein of the Journal Sentinel staff contributed to this report.



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