AWOL Dem wants law that makes it illegal to go AWOL

Wait, what? Is this to save Sen. Tim Cullein from himself if there is a next time? So, we did the right thing, but it's not good for the institution of the Senate to do it.  I swear that one of these days, my head is going to explode. LOL  That's it - I'm going to bed.

Madison — The top GOP leader in the state Senate backtracked Tuesday, saying Republicans would lift fines and a contempt finding against Democratic senators back from Illinois - a first move toward crossing a chasm of mistrust that now divides the two parties.

Senators from both parties Tuesday sought to address the aftermath of Democrats' boycott of the Senate in Illinois for three weeks and Republicans' response.

But former lawmakers said that the bitter debate over Walker's measure had likely done lasting damage to the Legislature as an institution that would take much more time to repair. Adding to the challenge is the fact that recall efforts are under way against 16 senators of both parties.

"Sadly, I don't think the animosity is going to heal any time soon," said former Senate President Alan Lasee, a Republican who spent more than 35 years in the Legislature.

In other news Tuesday, one Democratic senator offered a plan to stop lawmakers from leaving the state again to block action on bills.

On Monday, Senate Majority Leader Scott Fitzgerald (R-Juneau) said Democrats couldn't vote on bills in committee immediately even though they've returned to Wisconsin. That's because GOP lawmakers voted to hold Democrats in contempt of the Senate for heading to Illinois.

But less than 24 hours later, Fitzgerald and Senate President Mike Ellis (R-Neenah) said at a news conference they would not enforce that contempt finding, though it will technically remain in effect until the Senate passes a resolution to lift it.

"The name of the game is moving this state forward, putting this stuff behind us," Ellis said. "Let's get on with the people's business. Let's stop all the bickering."

Fitzgerald said he'd received assurances from Democrats that they would participate in future session days, relieving his fears they would again leave the state to prevent passage of the state 2011-'13 budget later this year.

Democrats welcomed the move.

"It was essential for us to move forward," said Senate Minority Leader Mark Miller (D-Monona). "We needed to be able to return to some sense of normalcy in our day-to-day operations."

The state constitution requires 20 of 33 senators to be present to vote on certain fiscal matters, and Republicans hold only 19 seats.

That provided an opening for the 14 Senate Democrats seeking a way to block Walker's budget-repair bill because it eliminated most collective bargaining. They left the state on Feb. 17 and held up the bill for weeks, but last week Republicans took spending provisions out of the bill and passed it without any Senate Democrats on hand.

Walker signed the bill Friday and the new law is being challenged in Dane County Circuit Court to block it from taking effect. A hearing in that case is scheduled for Friday.

Mordecai Lee, a professor of governmental affairs at the University of Wisconsin-Milwaukee and a former Democratic state senator, said the last month had cost the Senate not only some of its collegiality but also the sense that it was a hallowed place.

"It has been totally removed for the members of the body," Lee said. "This is now simply the playground where they wrestle with their opponents."

Punishments withdrawn

During the Democrats' hiatus from the Senate, Republicans tried all sorts of pressure to bring them back. They withheld their paychecks, fined the Democrats $100 each for missing a session day and put Republican senators in charge of Democratic staff.

Those fines will not be collected and the other measures will not be carried out, Fitzgerald said. The Senate Committee on Organization voted 3-0 Tuesday to revoke the measure on paychecks and Republican oversight of Democratic offices.

But in a sign of how delicate the situation is, the two Democrats on the committee - Miller and Sen. Dave Hansen of Green Bay - were not allowed to vote on rescinding the sanctions. The vote was conducted via a ballot circulated to committee members, rather than at a meeting of the committee.

Fitzgerald declined to say which Democrats had given him the assurances they wouldn't leave again.

But Sen. Tim Cullen (D-Janesville) said earlier Tuesday he would introduce a constitutional amendment that would allow the Senate to proceed with a simple majority in all cases. That would make it impossible for a minority of lawmakers to block action on future bills by leaving the Capitol, though it takes at least two years to change the state constitution.

"The main point I want to make is that what we did we had every legal right to do. It was an extraordinary step against an extraordinary bill," Cullen said Tuesday. But "the institution of the Senate is not well-served going forward by having this particular avenue available."

A constitutional amendment must be approved in two consecutive legislative sessions and voters in a statewide referendum.

Cullen said his proposal would eliminate the requirement in the state constitution that three-fifths of lawmakers in each body be present to vote on certain fiscal bills, including those that contain spending items.

Fitzgerald embraced the concept.

"I like the idea of making sure this never happens again, no matter who is in charge," Fitzgerald said.

But Miller rejected it.

"I think the framers of the constitution put that in as a way to protect the citizens," hesaid. "I think it's an overreaction to what happened."

Miller said he'd made no promise to Fitzgerald that Democrats would not leave during debate on the budget, and said he did not know if any other Democrat had.

While he was in Illinois, Miller said Democrats would not leave during debate over the budget because the public will have months to analyze Walker's plan, which includes nearly $1 billion in cuts to schools and local governments over two years. But Tuesday, Miller would say only that it was unlikely Democrats would leave again.

The version of the budget-repair bill that ultimately passed will put $37.5 million toward a $137 million shortfall through June 30. Fitzgerald said he hoped to receive a formal proposal from Walker soon to fill the remaining $99.5 million by refinancing bonds.

The Senate isn't slated to meet again until April 5, but Fitzgerald left open the possibility senators could meet before then as they try to fill a hole in the budget that runs through June 30.

Walker's original budget-repair bill included a $165 million bond restructuring, but Republican lawmakers had to take it out of the bill to pass it while Democrats were absent. They have until early April to restructure those bonds, administration officials say.

Meeting with pollster. Also this week, Walker's office released his calendar for the months of January and February.

The calendar showed he met with national political consultant and pollster Frank Luntz on Feb. 23. That was at the height of the conflict at the Capitol over Walker's union bargaining measure and the morning after the governor took a call from a blogger posing as the conservative billionaire David Koch.

Walker spokesman Cullen Werwie confirmed the meeting took place but emphasized it was not held to discuss the fake Koch call.

Werwie said that Luntz paid his own way for the visit and that Luntz did not do polling for Walker. He said the Walker and Luntz discussed how to "help entice job creators into Wisconsin and encourage those here to create more jobs."

Walker and Luntz had never talked before, Werwie said. He said Walker's law giving local governments more flexibility with their employees has "sent shock waves through the country, which has gained the attention of prominent opinion leaders."

Luntz Global says on its website that the firm uses polling and focus groups to fashion messages that resonate with voters and consumers, such as saying "death tax" instead of "estate tax." A message left with the firm was not returned Tuesday.

 http://www.jsonline.com/news/statepolitics/118016999.html