THE OFFICIAL WEB SITE OF THE MADISON TIMES WEEKLY NEWSPAPER

 

 

Hearings are for listening :

Legislators should seek the will of the people

By Melanie G. Ramey

“The people of the state of Wisconsin, represented in the Senate and Assembly, do enact as follows …” This phrase begins every bill proposed for adoption by our state legislators. It is the introduction to all legislation required by the Wisconsin Constitution. It is indicative of the intent of the Constitution that the bills passed by our Legislature should represent the will of the people.

There are numerous ways in which the will of the people is expressed. An important way, but by no means the only way, is by the election of their representatives. Elections are the most visible element of a democratic system of government. The underlying, sustaining element, however, is the continuous participation of citizens in their government. An important factor is expressing their opinions on the day-to-day legislation their representatives enact.  

One very important way legislators seek input on legislation is by holding public hearings on bills they are considering. This allows the citizens of Wisconsin and groups with particular interest in the proposed bills to share their expertise and present their reasons for supporting or opposing the legislation. Wisconsin has a proud tradition of public participation in government. Public hearings honor that tradition.

The League of Women Voters of Wisconsin is concerned that the spirit of public hearings has been eroded in the past several years. Both the Assembly and the Senate have rules governing public hearings. The state open meeting law also pertains. Public notice must be given, and the meeting must be held at a convenient time in an easily accessible location. The bill must be readily available for the public to study. In the past several years, important hearings have been held which disregard both the spirit and the letter of these rules.   

Some examples in the past few months: A hearing by the Joint Finance Committee on AB 58/SB 28, a bill proposing a three-year property tax freeze, was called recently for review in Pewaukee. Hearings by the Joint Finance Committee on the Budget for the 2005-2007 biennium were held in small, out-of-the way places around the state. None were held in the populous southeastern area of the state. A hearing on AB 277, the “Job Creation Act II,” or the “Dirty Air Bill,” as it was dubbed by environmental groups, was held by the Assembly Committee on Natural Resources with less than 24 hours notice after the bill received a number and was available to the public. The Assembly Judiciary Committee met on a companion bill, AB 278, introduced at the same time with similarly short public notification. Both were recommended for passage by their respective committees following the hearings despite public demonstrations requesting postponement of the committees’ votes to give time for the public to study the bills.

This pattern of inadequate notification and hasty committee action leads to the impression that public comment is not wanted. When hearings do draw a large public response despite short notice, as was the case at the Pewaukee hearing on the property tax freeze bill, where the committee vote breaking along strict party lines followed immediately after the hearing, they are rendered meaningless. The hearing is mere window- dressing, the vote predetermined. Such procedure shows blatant disregard for the people giving testimony, indirectly labeling them irrelevant to the process of passing laws. More routinely, the lack of legislators’ regard for public input is demonstrated by their poor attendance and scant attention to testimony at hearings.

During a hearing – it should go without saying – “the people of the state of Wisconsin” deserve to be treated with respect. This respect for the people seems also to be wanting. A recent hearing of the Assembly Committee on Campaigns and Elections considering AJR 36, which proposes a State Constitutional Amendment requiring citizens to have a photo ID to vote, is a case in point. A carefully considered statement by the League of Women Voters of Wisconsin was greeted by a committee member with a derogatory outburst and an accusation that the League favors voter fraud. The League believes that requiring a photo ID for voting will do little to control fraud, but instead will eliminate some voter participation, particularly among the already less well-represented. Founded after women got the right to vote in 1920, the League of Women Voters is committed to expanding voting rights.  

We recognize, of course, that state representatives will not always agree with public expression, but we do hold that public hearings should not be regarded by legislators as pro forma nuisances, but rather as valuable means of gaining public input. A hearing is to hear – a listening session where public opinion and expertise are sincerely offered for the committee’s consideration as it decides whether to recommend a bill for passage.  

Informed citizen participation in government is an integral part of a healthy democracy.  The counterpart to this participation, of course, is representatives informed by the knowledge and concerns of the public. Hearings provide an excellent venue for the public and legislators in which to fulfill these mutual responsibilities.

Melanie G. Ramey is president of the League of Women Voters of Wisconsin. The League of Women Voters of Wisconsin is a nonpartisan political organization that promotes informed and active participation of citizens in government and influences public policy through education and advocacy. There are 21 local Leagues in Wisconsin.  Call the state League at (608) 256-0827 for more information.