DOA Secretary Huebsch: I have legal obligation to execute law - WKOW 27: Madison, WI Breaking News, Weather and Sports

DOA Secretary Huebsch: I have legal obligation to execute law

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State Department of Administration Secretary Mike Huebsch State Department of Administration Secretary Mike Huebsch

By Colby Robertson - bio | email | Twitter | Facebook

MADISON (WKOW) -- Despite a court order from Dane County Judge Maryann Sumi, state leaders continue to implement Wisconsin Act 10, otherwise known as the budget repair bill.

Department of Secretary Mike Huebsch sent out a statement late Wednesday afternoon saying it is his legal obligation to execute all laws pertaining to his department.

The debate over whether or not this law is in effect has been ongoing since the law was published by the Legislative Reference Bureau last Friday afternoon. Tuesday, Dane County Judge Maryann Sumi ordered the DOA stop implementing the law, but a statement sent out by Secretary Huebsch says they have no plans to stop implementing the law. Huebsch says, "The Department of Justice has concluded that 2011 Wisconsin Act 10.. is now effective law."

Huebsch goes on to say, "The TRO she [Judge Sumi] ordered failed to state that Act 10 is not in effect.

Republican leaders in the Assembly and Senate continue to argue that a judge has no right to tell them how to run the legislature.

Senate Majority Leader Scott Fitzgerald (R-Juneau) says, "It's probably the one piece of legislation that's received more media attention than anything else in the state. So for a circuit court judge to say this was something the public was unaware of is just unbelievable."

Democrats argue this law is still not in effect. Representative Brett Hulsey (D-Madison) says, "Talking to Judge Sumi her words were clear no means no and she seemed to be telling the walker administration what part of no do you not understand."

Rep. Hulsey says he's received several phone calls from state workers in his district who are worried about their next paycheck.

The Department of Administration started deducting pension and health care contributions out of state workers paychecks earlier this week. Those workers will first see those deductions in their April 21st paychecks.

Rep. Hulsey says he is telling his constituents that this bill in not in effect and it is not the law of the land.

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MADISON (WKOW) -- State Department of Administration Secretary Mike Huebsch released the following statement regarding the implementation of the budget repair bill.

"I have a legal obligation to execute all laws pertaining to my department that have been passed by both houses of the legislature, signed by the Governor, and published into law. The Department of Justice has concluded that 2011 Wisconsin Act 10 has met those requirements and is now effective law. My legal counsel agrees with the Department of Justice's legal reasoning and conclusions. Accordingly, it is my duty to administer that law.

"On the other hand, Judge Sumi made clear in comments from the bench yesterday that she intended to prevent further implementation of Act 10 by anyone including, apparently, non-parties such as myself and the Department of Administration.  Yet, the TRO she issued fails to state that Act 10 is not in effect. In fact, Judge Sumi declined a request to declare that Act 10 was not lawfully published.  It is unclear how she can issue an order binding non-parties to a case who have not had their day in court.

"Because of the questions this TRO raises, its legal effect on my implementation of Act 10 is also unclear. DOA will continue to monitor court proceedings and work with legal counsel and the Department of Justice to determine an appropriate course of action."

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