Channel your inner Jim Doyle!

The Senate Democrats have finally come up with some of their own ideas, presumably over a continental breakfast at a two-star hotel somewhere in northern Illinois. The LFB memo is available here.

Here are the details:

$79MM is saved by deleting a provision in the budget repair bill that reduces the required lapse/transfer provisions for DOA. I guess they want DOA to accelerate spending cuts that even the GOP says they can't find that quickly.

$42.7MM is saved by eliminating MA payments that were accelerated by the Walker administration in order to receive a higher level of federal reimbursement. The net effect of pushing these payments from June 2011 to July 2011 is a loss of $7.2MM in federal money.

The proposed debt restructuring is eliminated in favor of (my favorite part) finding $43.3MM in "savings" by reducing the statutory balance requirement (again) by - you guessed it! - $43.3MM!

In other words, $79MM in additional cuts made by DOA that they say they can't find yet, $43MM of payments delayed to the 2011-13 budget that will cost us $7MM to execute, and a $43MM raid on the statutory balance requirement.

Man, this would make Jim Doyle blush.

UPDATE: As Jeremy Shown was quick to point out, eliminating the debt refinancing also costs the state about $29.6MM in the next biennium. In other words, between this and the MA shift, the Democrats budget adjustment solution requires another $36.8MM in cuts in the 2011-13 budget. Not sure who won the pass or the kick, but I'm pretty sure Mark Miller wins the punt.

Laughter is the best medicine

Amidst all of the craziness of the last few weeks, we should never lose our ability to laugh at a good joke. A friend shared this with me and I thought I would pass it along.

A public employee, a tea partier, and a CEO are sitting at a table. In the middle of the table sits a plate of a dozen cookies. The CEO reaches across, takes 11 cookies, looks at the tea partier, and says, "Look out for that public employee, he wants a piece of your cookie."

WWJD: What Would Jon Do?

This is rather humorous, considering the budget he helped shepherd through the legislature last session.

Sen. Jon Erpenbach, D-Waunakee, says Gov. Scott Walker’s plan to restructure debt is only deferring the state’s fiscal problems.

Erpenbach, one of 14 Senate Democrats who left the state to stall action on the budget repair bill, said the restructuring plan will add between $40 million and $45 million to the state’s long-term debt.

“It’s all about deferring payments,” Erpenbach said. “He is kicking the can down the road.”

So to be clear...

Jon Erpenbach opposes refinancing debt that allows state government to at least, in part, avoid making all of the tough decisions now.

Jon Erpenbach also opposes making tough decisions now, as is evidenced by the fact that he's probably holed up in a Sleep Inn somewhere near Waukegan.

Two questions then. Let's assume that Jon Erpenbach is not allowed to raise taxes, because really, who in their right mind could look at last November's election results and think that's what voters wanted? With that stipulation in place:

1. How would Jon Erpenbach propose fixing the state's projected deficit through 6/30 if neither restructuring debt nor raising taxes at the state level are allowable options?

2. How would Jon Erpenbach suggest that local governments deal with the sizable decreases in state revenue they are going to receive over the next two years, if Erpenbach opposes giving local governments any kind of statutory authority to adjust their labor costs? Should those units of government cut programs, raise property taxes, cross their fingers that the unions will be as agreeable to compensation cuts as they are professing to be for the first time ever, or some combination thereof? And of those three, which is the most agreeable option and which is the least agreeable?

The answers would be interesting, I'm sure.

Turn out the lights...

... the slumber party's over.

MADISON – Wisconsin Capitol Police Chief Charles Tubbs today announced that the Wisconsin State Capitol will return to normal business hours on Sunday at 4:00 p.m. when it will close to allow for cleaning. The Capitol will re-open on Monday for its normal business hours starting at 8:00 a.m. As has been done all this week, Capitol Police will be monitoring the number of people in the building. Capitol Police officials have spoken with and worked closely with the organizers of protest groups at the Capitol, who have agreed to voluntarily remove their items from the building...

Any items left in the building after 4:00 p.m. Sunday will be taken to a designated lost and found within the Capitol for people to claim. People should claim their items before Friday, March 4, 2011 before 6:00 p.m.

On Monday, the building will be open from 8:00 a.m. to 6:00 p.m. and cleaning crews will continue their work throughout the day. Normal business hours (Mon.-Fri. 8:00 am – 6:00 p.m., Sat.-Sun. 8:00 a.m.-4:00 p.m.) will continue thereafter.

I get that lefty hobos like to occupy things as part of their bag o' protesting tricks. I learned that in college, when they stunk up Bascom Hall for a few weeks, I believe in an attempt to make it smell like the very sweatshops they were protesting at the time. I'm just glad we're emptying the building before the Capitol turned into a bad game of Oregon Trail and we started losing people to outbreaks of cholera and dysentery.

Also, bonus points for those of you who can correctly identify what's hiding beneath the layers and layers of jackassery below. And no, Capitol Police did not install a kiosk on the first floor.

Rules? We don't need no stinking rules.

Good afternoon, AssDems! Hope you finally got some sleep - Rep. Molepske was worried about you guys last night. Some of us were questioning your ability to conduct a coherent and insightful debate on Wednesday morning already (you never had more than three or four arguments to begin with), but sometimes acceptance of your problems is the hardest step to take.

Anyway, I'm sure that many of you are still pissed off about last night's proceedings. I'm pretty sure I saw one of you throw your drink cup in the air after the vote! Wowsers! I hope that was empty! Otherwise, you're making a mess and not being very respectful of a very beautiful space that taxpayers spent a lot of money to renovate.

Now, I will profess that there are folks in the Legislature who understand the rules of the body far better than I. On the surface, it would appear that the Assembly Republicans may have skipped over Assembly Rule 71 in calling the vote on passage.

Assembly Rule 71 (1)
(1) When a proposal is under consideration, any member who obtains the floor may move that debate on the proposal be ended. Any such motion shall be seconded by at least 15 members, may not be debated, and is decided by a roll call vote.


Assembly Rule 71 (2)
(2) If the motion prevails, debate on the proposal ends and all pending and subsequently entered motions concerning the proposal are decided without debate in the order prescribed by the assembly rules.

Truly, ending debate through Assembly Rule 71 might have added another minute of screaming and juvenile behavior to the proceedings, but it wouldn't have been complicated. As you can see, a motion to end debate is non-debatable itself and requires only a majority of those present to pass.

However, the AssDems may also wish to consider the following article from August 2006, penned by Senior Attorney Rick Champagne from the Legislative Reference Bureau.

The power of the legislature to determine its rules of proceedings protects the legislature from the executive and judicial branches; in this way, the legislature is not hindered by the other branches of government in its internal organization, affairs, and actions. In the United States, the general rule is that once a legislative matter has been identified as a rule of proceeding the courts may not require compliance with the rule, punish noncompliance with the rule, or void any action taken in dereliction of the rule. Wisconsin has followed the general rule for more than a century...

Rules of proceedings assume various forms, but the effect is the same—they cannot be enforced by the courts. As the court put it: “If the legislature fails to follow self-adopted procedural rules in enacting legislation, and such rules are not mandated by the constitution, courts will not intervene to declare the legislation invalid.”

This isn't a surprise to anyone familiar with how legislative bodies function, but since the AssDems have some new members, I thought I'd try to be helpful. In short, neither the executive branch nor the judicial branch has the authority to compel the legislature to follow the rules it sets forth for itself.

And of course, since none of your members was smart enough to vote yes, you couldn't even argue that you should've been offered an opportunity to move reconsideration before the bill was messaged to the Senate.

But in the end, take comfort in this. The Assembly Republicans let you caterwaul for two-and-a-half whole days before taking a vote, the outcome of which would've been identical had the members voted to never let you speak at all.

Thoughts on the evening

From a practical standpoint, the Democrats have recycled the same arguments regarding the budget repair bill ad infinitum for over two days. Everything they do is a giant stall tactic - which, up to a point, is fine. But it's also not a position that can be maintained indefinitely without compromising the integrity of the body. At some point, the minority needs to accept that it will lose. That's how it's always been. That's how it needs to be.

Goodness knows that the Assembly GOP was none too excited about the manner in which Governor Doyle and the AssDems slammed the 09-11 budget through the Legislature, or any one of a number of other bills. But they also didn't try to hold the entire body hostage for days on end with tired, recycled arguments. They made their political points and then they sat down let the process move forward.

Guess what, Democrats? Everyone's heard you. Everyone heard you Tuesday. Nobody's even listening to you at this point, except to see if we can get some more witty Pocan/Kramer banter, or take a drink every time Kelda gives the same pious, insipid good government speech again - the one that sounds like she's reading from the "How a Bill Becomes a Law" coloring book.

For Democrats to ask - no, demand - additional compromise beyond the changes made in Finance shows how badly they fundamentally misunderstand the purpose of the minority. They can stomp around the building and send their letters to the Governor, on and on, but at the end, nobody's obligated to negotiate with them or give them anything. They aren't in charge. It's almost as though they slept through the November elections (well, their campaigns definitely did), and now they refuse to recognize that just as the 2006 and 2008 elections had consequences for the GOP, the 2010 has consequences for them.

Part of respecting the institution means not abusing its rules and traditions - and yet truly, that's all we've seen from the Democrats in the last 24 hours. There would be no shenanigans if Democrats would simply do as the minority has always done - recognize when it's time to push away the microphone, sit down, and let the body proceed. Instead, they are the desperate, pathetic lover that clings to his photographs of his time in the majority and can't accept that the majority left him for another guy. The stench of Democratic denial is palpable.

Democrats, you have nothing left to contribute on this bill, but confirmation of the growing suspicion that you collectively suffer from loving the sounds of your own voices a little too much. You've done your job well. Now for the sake of the institution you claim to love, sit down and stop talking her to death.

Quote of the Day?

"We have been at this for a little over 58-and-a-half hours and with the exception of five of those hours I have been in the chair. So as difficult as your job is, I do it standing up and I have to pay attention. I don't need a recess." - Speaker Pro Tem Bill Kramer, in response to a request by Rep. Molepske to recess so members can avoid complications from sleep deprivation.

Here's an idea Louis - if your members are sleepy, send them to their offices to take a nap. Also, my compliments to Rep. Kramer, who handles his duties respectfully and with just a touch of snark that makes proceedings infinitely more watchable. Wisconsin Eye should consider giving him and Pocan a show together.

Gordon Hintz gets touchy feely... allegedly.

Everyone deserves their day in court, but in the meantime, Democrats might want to keep their resident howler, Gordon Hintz, away from the front lines in their battle against the Republicans.

State Rep. Gordon Hintz was issued a municipal citation in Appleton earlier this month for violation of a city sexual misconduct ordinance.

According to online court records, the Oshkosh Democrat was arrested on Feb. 10. No additional details about the incident were available Monday morning.

The ordinance under which Hintz, 37, was charged prohibits paying or receiving “a fee, directly or indirectly, or to offer or ask for anything of value, for touching or offering to touch the sexual parts of another.”

Hintz was not immediately available for comment.

And remember, according to lyrical masters Salt-n-Pepa, "the difference between a hooker and a ho ain't nothin' but a fee."

UPDATE: The citation was apparently issued in conjunction with an ongoing investigation of the Heavenly Touch Massage Parlor in Appleton. Is that better or worse than former Oshkosh-area senator Gerald Lorge asking a police offer to munch on his softball-sized testicles?

I recommend concealed carry.

Because if you're going to test the Democrats' willingness to play hooky, why not go all-in and break out all the stuff your base loves? Are the absentee senators so in love with their union campaign cash that they'd skip out on substantive policy discussions?

A spokesman for Majority Leader Scott Fitzgerald says the Senate plans to be on the floor Tuesday regardless of whether Dems return from their self-imposed exile.

Andrew Welhouse said Republicans plan to take up non-fiscal items because they only need 17 members for a quorum on such legislation. They need 20 members for a quorum on fiscal matters.

Stupid is as stupid does.

Bad idea.

A representative of the Wisconsin GrandSons of Liberty said at tonight's Greendale Tea Party meeting that groups throughout Wisconsin will be counter-protesting on Saturday at the State Capitol...

Tim Dake, a representative of the Wisconsin GrandsSons of Liberty, said that capitol square has been reserved for Saturday at noon for a counter-protest.

Here's the thing. Even if a majority of Wisconsin residents believes that public employees should contribute more to their health care and pension costs (I think they do), I will eat my left shoe if the Tea Party can put together the kind of crowd that creates the visuals we've seen at the Capitol over the last few days.

From accounts I've seen, Tea Party folks have told the media that they expect a minimum of hundreds of people to show. That's going to look like a meaningless drop in the bucket compared to the tens of thousands of people we've seen the unions drum up. From a messaging standpoint, that will look awful on television, and will be terrible in print when reporters start talking about how the union gatherings have dwarfed Tea Party efforts to counter. And reporters will, because it's only logical for them to compare the two gatherings.

This is a classic example of not knowing when to shut up and let your opponent hang himself with the rope. Sick-outs, school closings, Democratic senators on the run, Bob Jauch looking like a sloppy drunk, and a public that is generally unsympathetic to the overhyped financial plight of the average public employee. If you are a conservative, these are all good things for you.

But instead of letting the opponent go up in flames, the teabaggers are going to go in and try to throw some gasoline on the conflagration, and in the process will probably end up lighting themselves on fire instead.

Caption This!

"Mary Bell pleads for Wisconsin teachers to save her six-figure job tonight on the steps of the State Capitol. She called for educators to abandon their jobs tomorrow and bring their pro-child, pro-family message to Madison, forcing single moms with kids on free/reduced lunch to give up pay and stay home with their kids."

Walker vs. Unions: Wisconsin can't lose either way.

I have to admit, Governor Walker's somewhat brazen frontal assault on/scapegoating of public employee unions has me intrigued.

I should be begin by stating that I'm not sure what Walker is proposing is good policy. I do think it merits careful deliberation and discussion of reasonable alternatives. Of course, politics being what it is, will give it neither. I think it speaks badly of Walker's own faith in his team when he would opt to bypass negotiation and immediately attempt to change all the rules.

But in the next week we will see one of two things. Either Republicans in the Legislature will end Scott Walker's honeymoon early, or WEAC and friends will get crushed by the vengeful power of a temporarily resurgent Republican majority.

Either way, it is going to be awesome. I am going to make some snacks and enjoy the ride.

My feelings about Scott Walker are well recorded on this blog. In half-heartedly endorsing him, I suggested Walker was a better choice than Tom Barrett because at least he would be willing to swing for the fences instead of always playing it safe. And swinging he is, like a drunken Mexican at a piñata on Cinco de Mayo.

But similarly, I have little love for the modern incarnation of public employee unions. I think they're obstinate, inflexible, and largely tone deaf to the world around them; none of them more so than WEAC, an organization that has stifled legitimate discussion of Wisconsin's K-12 schools for generations.

The purpose of a labor union isn't to improve the product it produces. It's to improve working conditions for its members. I would no sooner trust WEAC on education policy than I would trust a thief with my wallet. This, of course, is where our discussions on education have broken down so badly. Democrats, for ages, have been unable or unwilling to separate the legitimate interests of teachers from the legitimate interests of students.

Any smart political player knows that it is almost always, without fail, wise to keep an iron in the fire on both sides of the aisle. Doing so gives you an opportunity to advance your cause regardless of which party happens to be in power. In Wisconsin, that pendulum of power swings pretty fast.

WEAC, however, decided long ago that it was so confident in its position that it was only going to play nice with one party. And so long as Wisconsin had divided government or Democrats were in control, that was a fine strategy - a good strategy, even. So WEAC shat upon one GOP idea after another: school choice, charter schools, virtual schools, pay for performance, alternative certification, performance reviews, on and on. Cycle after cycle, it went whole hog, trying to eliminate vulnerable Republicans. Cycle after cycle, it acted with a sort of unwavering belief that its position as the 800-pound gorilla of state politics could never be challenged.

Oops.

Do I feel a little bad for teachers and other public employees? Well, sure. They're being turned into a political football, and that's unfortunate. They're good people. By the numbers, their aggregate compensation is generally comparable to private sector employees with similar educational backgrounds. Their compensation has been relatively flat in recent years and is hardly a primary cost driver behind increases in government spending.

But I suspect that WEAC and friends are about to learn an important rule of political baseball anyway, a lesson that's been a long time in coming.

If you don't want to play ball, sometimes the other team will just beat you senseless with the bat when it gets the chance.