A reader has raised the questions of whether the amended budget repair bill that was approved by the Assembly is the same one that was voted on by the Senate earlier this month, and why the amended budget repair bill isn't being challenged on the grounds that it includes fiscal items and did not have the necessary 3/5 quorum in the Senate.
Unfortunately, no one really knows whether the bill that the Assembly passed is the same as the bill that the Senate passed, because the amended bill was not available in sufficient time for review before the Senate vote. We do know that the Legislative Fiscal Bureau prepared one analysis immediately prior to the Senate vote, and then prepared a revised analysis prior to the Assembly vote the next day.
There is a legal challenge pending to the passage of the amended budget bill on the grounds that it contains fiscal items. This lawsuit has been overshadowed by the complaint filed by the Dane County District Attorney alleging violations of the open meetings law, which has resulted in a temporary injunction against the publication of the law. The lawsuit alleging that the amended budget bill contains fiscal items was filed by Dane County on March 16. Dane County claims that the passage of the law violated the Wisconsin Constitution because it occurred with less than the 3/5 quorum of the Senate required for fiscal matters. Dane County's lawsuit also alleges a violation of the open meetings law and requests a temporary injunction. Dane County's lawsuit is set for a court hearing on April 12. Presumably the reason it is not being heard earlier is because the District Attorney's complaint has already resulted in a temporary injunction of the law's publication. A copy of Dane County's lawsuit is available here: http://danedocs.countyofdane.com/webdocs/pdf/court/amended.pdf
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