Thursday, February 17, 2011

Collective Bargaining Provision Could Pass Without Democrats

Law professor Rick Esenberg writes:

Shark and Shepherd: Senate Democrats:Down By Law?
So what to do? Here's something to think about. A quorum is normally a majority of each house. The reason that the Republicans can't proceed without Democrats here is because the budget adjustment bill is a fiscal bill and the state constitution provides that, for a fiscal bill, the required quorum is three-fifths of each house.

Ironically, though, the provisions that are most objected to by the Democrats - the prospective limitation of collective bargaining rights - are not fiscal provisions. They could presumably be put in a seperate bill and passed by the Republicans with no Democrats in attendance because, for that bill, a simple majority would constitute a quorum. I'm not suggesting that the GOP Senators would or should do this. But I think that they could.

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