State Senate Republicans removed all fiscal items from the budget repair bill, avoiding the need for a quorum, and passed limits on collective bargaining Wednesday, sparking massive protests and raising questions of constitutionality.
The measure passed 18-to-1, with Sen. Dale Schultz, R-Richland Center, dissenting. The state Assembly will meet Thursday to vote on the bill and then Gov. Scott Walker will sign it.
"Enough is enough," Senate Majority Leader Sen. Scott Fitzgerald, R-Juneau, said in a statement. "The people of Wisconsin elected us to do a job … The longer the Democrats keep up this childish stunt, the longer the majority can't act on our agenda."
Democratic representatives questioned the constitutionality of the action because the Senate conference did not post notice of the meeting two hours beforehand and didn't allow the public in. Assembly Minority Leader Peter Barca, D-Kenosha, said he received an e-mail about the 6:00 committee meeting at 4:09.
However, Chief Clerk Rob Marchant said in a statement that no advanced notice is necessary during a special session other than posting it on a bulletin board.
The bill was first heard by a Committee on Conference consisting of Barca, Assembly Majority Leader Rep. Jeff Fitzgerald, R-Horicon, Rep. Scott Suder, R-Abbotsford, Scott Fitzgerald, Sen. Mike Ellis, R-Neenah, and Senate Minority Leader Mark Miller, D-Monona. Miller did not attend.
Barca continually asked what the new bill consisted of, while Scott Fitzgerald said the bill was the same one the Assembly passed with some parts removed and called a vote. Barca called the Republicans' actions "unbelievable."
"As we stand here … we're not even sure what's in this bill," Barca said at a press conference. "They asked me to vote without any understanding of what they put in this document."
In spite of Barca's protests, the bill then moved to the Senate, where it passed quickly.
However, Barca and other Democratic representatives remained confident about the final outcome of the issue, no matter how it plays out in the Assembly Thursday.
"They may win this battle tomorrow, but I am quite certain they will never win this war," Barca said.
Pat Hrubesky, a protester and the director of the Deferred Prosecution Unit in the Dane County District Attorney's office, said the Republicans' actions were "above the law" and "completely unconstitutional."
"At various times in my life, I've taken an oath to uphold the constitution in this state," Hrubesky said. "And I can't believe this is my government."
Other protesters swarmed the Capitol as police let individuals in through a single door, forcing everyone to go through metal detectors and have their bags checked. Protesters passed out food and water bottles so they could bring in individual portions. As they waited to get in, protesters chanted: "This is a Capitol, not a castle."
"We've been chanting about from day one that these things have no place in a fiscal bill, so for what it's worth, they're admitting that we were right all along," said David Duncan, an agronomy graduate student.
After the legislative session ended, police locked the Capitol doors with people still waiting outside, using handcuffs to prevent protesters inside from letting in others. Later, police abandoned most entrances and protesters flowed in freely. As of press time, protesters remained in the Capitol.
Rep. Mark Pocan, D-Madison, said he predicts a continuation of what took place Wednesday night.
"I think Saturday you'll have the largest protest probably in state history," Pocan said.
