Progressive Thinking

This week Kathleen writes about the changes to committee procedures within the Wisconsin Legislature in Madison and the resulting impact on public input in legislation. It is critical in a democracy that all voices have a chance to be heard.

MADISON - Committees are the doers of the Legislature. The process is designed to be slow, deliberative and encourage public input.

However, speed and secrecy are increasingly being used to limit public involvement and careful legislative deliberation.

Public hearings are one place people can make an impact on a developing new law. By testifying at a hearing, a person can directly provide input. Those who cannot travel to the Capitol can send emails or letters to members of a committee and request changes in legislation.

In recent years, small but significant changes are taking place in the workings of committees that limit public involvement. Changes like shortening the length of notice before a public hearing; providing a public notice of one version of a bill and then offering a complete rewrite shortly before the public hearing; limiting speaking time for those testifying; limiting questions from committee members; allowing “invited testimony only” in a public hearing or voting on a bill immediately following the public testimony.

All of these actions have been used for decades. But it is the increasing frequency by which they are used that concerns many of my constituents.

Committee chairs have extraordinary power in their committee. They set rules by which public hearings are held. They decide whether and when to hold a hearing, whether the hearing receives enough public notice for widespread citizen involvement and who, if any, invited speakers might testify. During the hearing the chair determines the order of speakers and whether to limit speakers’ time testifying.

Following the public hearing the committee chair decides if and when committee members will vote on the bill. Usually the process involves consultation with members. Discussion following a public hearing can involve back and forth conversation about new information made public during the hearing. When a substantial rewrite of the bill appears necessary, the committee chair sometimes convenes a working group to work through bill changes.

Thus correct language for new legislation emerges from a careful process of give and take. Members and the public have adequate time to prepare and concerns are addressed. This process is slow – so slow it sometimes involves several legislative sessions.

Speed and secrecy will kill public input. And changes in the actions of committee chairs can, over time, create a Legislature that listens primarily to the input of lobbyists, paid to represent the interest of their clients. Those voices without paid lobbyists are increasingly not heard, their concerns not addressed.

Inadequate notice of public hearings often means only those groups with a full-time lobbyist with an office close to the Capitol are able to testify. Short notice makes it difficult for committee members to understand details and consequences of a new law. Short notice makes it difficult for those opposed to attend.

Limiting testimony stifles debate and new information. Information gathered during a public hearing can be skewed by inviting only those in favor of legislation; or by limiting the input of those opposed.

For example, a recent public hearing was held in the Senate mining committee on a bill to limit local people’s voices in sand mine operations. Many traveled by bus from western Wisconsin to testify. The first six hours of the testimony focused primarily on the concerns of those who benefited from the legislation – none of whom lived near a mine.

The committee chair finally got to calling the majority of those opposed to the legislation very late in the afternoon - after the bus had to leave taking many opposed to the bill back home.

These unfortunate scenarios are increasingly common in the state Capitol. When citizens take the time to journey to a public hearing and are not able to testify, they rightly feel left out of the process. It’s easy then to give up.

This is a mistake. Despite the difficulty, citizens must continue to be engaged in the democratic process. When changes are made to limit public input, it is essential that people refused to be silenced.

As Bob La Follette, often said, “The only cure for the ills of democracy is more democracy.”

ALMA - Thanksgiving and gun-deer hunting are finally here. All fall I heard from folks who live for the 9-day deer hunt. I visited local businesses and saw deer photos posted in work cubicles. I spoke to high school classes or at town hall meetings and the conversation eventually turned to the great outdoors and hunting.

As the Senator from Buffalo County- the Deer Hunting Capital of the Midwest- many visitors to my Capitol office look for that trophy buck on the wall. A few of my Buffalo County visitors kid me saying my little buck must have come from some other county.

Many of us live to hunt and fish and enjoy the great outdoors. And we all have a role in preserving what we love.

Hunters play an important role in deer ecology. Wildlife biologists assess deer population and decide the proper harvest of deer by management regions. Western Wisconsin has a strong deer population. But in the north deer may be harder to find. For this reason DNR officials dropped the antlerless quota allocation for forested deer units in northern Wisconsin to the lowest level since 1997 as reported in the Eau Claire Leader Telegram.

A perennial problem for some hunters is locating hunting land. DNR made this task a little easier by creating a link to land open to public hunting (http://dnr.wi.gov/topic/lands/).

The site provides an excellent description of the many publicly-owned and accessible properties. Anyone who loves the outdoors would benefit from a visit to this site. You can choose to search by 22 types of activities from ATV riding to Wildlife Viewing.

As I traveled to cities and villages this fall I was struck by the universal love of Wisconsin’s environment. Whether it’s boating, fishing, bird watching, hunting or hiking – we live here because we love the outdoors.

Thanksgiving is a great time to reflect on the bounty of the land and waters. It’s also the time to renew our commitment to protect our lands and waterways for future generations.

Throughout Wisconsin’s history, conservation initiatives improved our environment. Past leaders established programs like the Warren Knowles-Gaylord Nelson Stewardship program to set aside land through acquisition and conservation development. The program was named after two of our strongest conservation-minded governors – one of each political stripe.

It’s this bipartisan approach to conservation that helped protect Wisconsin. Long time rural residents tell me how conservation practices in the last 80 years brought back wildlife, preserved topsoil and cleaned up waterways.

It’s the concern about preserving this bipartisan approach that prompted so many people to talk with me about legislation they see as eroding our strong conservation traditions.

For example, in town hall meetings I was questioned repeatedly about the wisdom of selling 10,000 acres of state land. This requirement was slipped in the budget. Land sales come at the same time as another budget requirement allowing the sale of state assets in no-bid contracts. People fear possible questionable land deals.

Over and again questions were asked about the effect of recent law changes on the protection of water, particularly wetlands, ground water and the loosening of mine construction rules. The rapid growth of sand mines and understaffing of mine inspectors brings deep citizen distrust of the state’s ability to enforce even existing protections of land and water.

Rural folks are concerned about cuts to the farmer cost-share conservation program. It’s through state/land-owner financed projects that farmers are able to clean up barnyards with manure storage facilities, fence off streams, grow grass waterways and put in place stream buffer zones; all practices that help keep nutrients out of the water.

Fish thrive in clean waters and anglers enjoy the benefits. But there’s still a long way to go to cleaning up waterways. The program should be expanded, not cut back.

As we head out to partake of the bounty of our lands and waters, we must remember we are the stewards of our land and water. Let us act to preserve our resources for our children and their children.

I wish you a very Happy Thanksgiving. Enjoy our great outdoors. I’m heading out to find that 10-point buck hanging around my alfalfa field!

This week Senator Kathleen Vinehout writes about the importance of working together to make health insurance a success. State politicians need to “quit rooting for failure” and instead “put their constituents first.

MADISON - A focus on solutions could make a special legislative session on health insurance a success.

Governor Walker recently told the Associated Press “We want to make sure nobody falls through the cracks.” If this is the goal, the best solution would be to continue providing public insurance until eligible folks have gotten signed up for the new Marketplace.

The governor has called on Legislators to extend his deadline to drop BadgerCare coverage for tens of thousands of low-income Wisconsinites because of difficulties folks experienced in getting signed up for the federal health insurance Marketplace.

Many low-income parents of children on BadgerCare and folks on HIRSP will lose their public insurance the first of the year and have until December 15th to sign up for Marketplace insurance to ensure uninterrupted coverage.

Computer glitches and widespread confusion caused a paltry 877 people in Wisconsin to actually choose a plan through the federal Marketplace healthcare.gov in the first month of the website’s operation. Only about 1 in 200 people who buy insurance in Wisconsin on their own actually chose a plan for 2014 through the Marketplace.

Minnesota, who has its own Health Marketplace MNsure, saw double the number of residents who contacted the Marketplace, were determined eligible and actually choose a health plan. Minnesota has an extensive marketing campaign to enroll people in the state-based Marketplace. Wisconsin leaders chose not to implement a state-wide marketing campaign.

Recent research shows costs in Minnesota are substantially lower than in Wisconsin. Failure to sign up large numbers of residents, especially younger people, in Wisconsin could add to these higher costs.

Wisconsin officials are critical of the troubles with the federal website and its failures in Wisconsin but appear uninterested in state-wide marketing efforts, rate reviews or the creation of a statewide Marketplace- all activities Minnesota has used to lower costs.

Extending the deadline before folks lose public insurance is a good start for Wisconsin.

But lawmakers should go further and assure people don’t lose BadgerCare or HIRSP until they’ve got other coverage.

A March 31, 2014 federal deadline exists for anyone buying insurance on their own. After that deadline folks won’t be able to buy coverage for 2014. The open enrollment window will not open again until October 2014 for 2015 coverage.

This means if people who buy insurance on their own do not get signed up for the Marketplace by April 1, 2014, they will be unable to get health insurance to cover them through 2014. Only a few exceptions exist related to changing family circumstances.

Half a million people in Wisconsin do not have insurance. Our focus must be on getting people coverage they can afford. Lawmakers should use the governor’s special session to immediately cover 85,000 people without minor children who make less than the federal poverty level of roughly $11,500 a year. This coverage was approved in the budget and is on track to go into effect in January.

In addition, the state should not drop coverage on low-income families until they are signed up for the new health Marketplace. State officials should explore the unique bipartisan approach used by the Democratic governor and Republican lawmakers in Arkansas.

Health is vital to life. We must not lose our focus on providing health security to Wisconsin. States that are succeeding in health care changes are those states that have put aside politics and focused on solutions.

For example, the governors in Washington, Kentucky and Connecticut recently wrote in a Washington Post op-ed:

People keep asking us why our states have been successful. Here’s a hint: It’s not about our website…

The Affordable Care Act has been successful in our states because our political and community leaders grasped the importance of expanding health-care coverage and have avoided the temptation to use health-care reform as a political football.

The three governors asked politicians to “quit rooting for failure” and instead “put their constituents first. Health reform is working for the people of Washington, Kentucky and Connecticut because elected leaders on both sides of the aisle came together to do what is right for their residents.”

Reports show that Minnesota residents will pay less for health care coverage than Wisconsinites. The path each state chose to follow related to the Affordable Care Act contributes to those differences.

MADISON - “Why is Minnesota paying less for health insurance than Wisconsin?” the doctor asked me.

He was one of many to say lawmakers better get to work to lower insurance costs. Many people who buy insurance on their own have complained to me about high insurance costs.

Folks near Minnesota told stories about how much easier it was for those in the Gopher State to get low cost insurance. A study released by Citizen Action of Wisconsin corroborates these stories.

The report analyzed data from the Department of Health and Human Services (DHHS) showing Minnesota residents consistently pay less than Wisconsin residents. I read the DHHS report and found the average lowest monthly premiums in the 36 states reporting numbers was $249 for a Bronze Plan. The average cost for this plan in Wisconsin was $38 more than the national average. The study used a weighted average to adjust for population differences within the states.

In Minnesota, a similar plan was $144 a month, half the cost of Wisconsin’s plan!

The gap grew for older people and, especially, for people in western Wisconsin. Particularly striking is the difference in two western Wisconsin cities. On average, premiums in Eau Claire were 116% higher than Minnesota and premiums in La Crosse were 136% higher than the weighted average in Minnesota.

Citizen Action estimated premiums in Wisconsin will be $1,824 more a year for the lower cost Silver (middle) Plan than in Minnesota.

Many people asked how this could happen. What does Minnesota know that Wisconsin does not? What decisions could Wisconsin lawmakers make to turn these differences around?

First, it is important to note that Wisconsin does not significantly differ from Minnesota in per person health costs. Wisconsin is slightly more expensive but per person costs in both states are a little under $6,000 a year.

Second, Minnesota made very different decisions than Wisconsin last year. Minnesota chose a state-based Marketplace, chose to keep parents up to 200% of the federal poverty level (FPL) on Medicaid, and chose to expand coverage of Medicaid for all people up to 133% of FPL. This means a single person who makes up to about $15,000 a year can get on the Gopher State’s version of BadgerCare. The state also chose to vigorously use rate review authorities.

Wisconsin, on the other hand, decided to let folks buy insurance through the federal Marketplace. The Governor and lawmakers who voted for the state budget dropped BadgerCare coverage for any adult who made a little more than $11,000 a year. The state decided to not use its rate review authorities.

All these choices made a difference in the Marketplace rates people will pay in the next year. For example, the choice to not expand Medicaid cost those buying insurance in the Marketplace an estimated 8 – 10% more according to a recent study by the Rand Corporation. This is because people who lose Medicaid are poorer and likely in poorer health. When added to the state’s Marketplace pool, costs increase.

Sicker people are likely to seek out the Marketplace. Those who are healthy may sit out this period of enrollment. This creates much higher premiums. It is also why Minnesota conducted extensive advertising to encourage sign-up; something Wisconsin chose not to do.

Years ago when I wrote the legislation to create a state-based Marketplace, I learned from the experience of other states that marketing, especially to young people, was the single most important factor in getting a well-balanced pool of enrollees and keeping costs down.

It is no accident that those who oppose the Marketplace are running ads to discourage young people from signing up.

All the premium numbers I’ve mentioned are before federal credits. These subsidies go to lower income folks which will offset premiums. So those hit the hardest by higher Wisconsin costs will be middle income insurance buyers.

It’s time to put politics aside and create a Badger state-based exchange. The work is done in Senate Bill 12. I call on my colleagues to hold a public hearing on the bill.  If we can’t outshine the Gophers, lets at least keep up with them.

Republicans in Madison have pushed through changes to Wisconsin’s education system, to expand private choice and charter schools and provide state tax dollars to these private entities. The loss of state aid strikes at our cash strapped public schools.

ALMA - “I just don’t understand vouchers, choice, and charter schools,” the man told me. “Could you explain?”

Public education is undergoing a radical change. What was predominately a local school governed by a locally elected school board is poised to become a plethora of choices: private religious schools, independent privately operated charter schools, voucher schools, for-profit schools, virtual schools, and public schools.

All paid for with tax dollars.

State officials recently announced enrollment information related to statewide private school vouchers. Lawmakers who supported the state budget voted to expand the payment for private schools with public money, known as voucher schools. The information released shows four out of five students who received public money for private tuition were already enrolled in a private school.

Data on the performance of these alternatives to public schools is inconclusive, poor or not available.

According to the recently released 2012-13 report cards for virtual charter schools, half of virtual school students were receiving their education from a school that did not meet expectations. Virtual charter schools are on-line schools paid for with public money.

Twenty years of experience with private vouchers in Milwaukee shows no major differences in the performance of private voucher students with public school students. The Legislative Audit Bureau in 2011 reviewed the final of five years of study to conclude students in Milwaukee who attend private schools with vouchers show few differences on standardized tests than their cohorts in public schools.

The 25 private schools in the new statewide voucher expansion received state money – over $7,000 per student – but are not required to conduct standardized state required testing for several years. Several of my Senate colleagues and I urged accountability for private schools similar to that of public schools but so far this hasn’t happened. Instead lawmakers are heading in the opposite direction

Efforts in the Senate Education Committee would expand another type of choice: a charter school that could be operated by a private out-of-state company; again paid for with public money.

This legislation -Senate Bill 76 - would allow charter schools to expand even if the school board that authorized them did not want the expansion.

All this change in public education has many people confused. Most of Wisconsin hasn’t seen the use of taxpayer money for private education. Many public schools have cut back to the bones. Parents, school board members and superintendents are asking me, “Why fund these unaccountable, private schools at the cost to our public schools?”

Data released by state education officials report almost half of public school districts will see further cuts in state money. The deepest cuts – limited to 15% by law- will go to 64 mostly rural schools. After the 15% cuts are taken out, schools then must pay their share of the independent charter schools in the Milwaukee area. Local school boards tell me this is simply not fair.

The push away from funding local public schools is part of a national effort to privatize public education. This effort is detailed in a new book by Diane Ravitch. She was appointed to public education positions by both President George H.W. Bush and President Clinton and is critical of both President George W. Bush and President Obama.

Ravitch describes efforts to transform education into “an entrepreneurial sector of the economy”. These efforts are “funded to a large degree by major foundations, Wall Street hedge fund managers, entrepreneurs and the U.S. Department of Education.”

She describes this movement to “eliminate the geographical based system of public education as we have known it for the past 150 years and replace it with a competitive market- based system of school choice – one that includes traditional public schools, privately managed charter schools, religious schools, voucher schools, for-profit schools, virtual schools and for-profit vendors of instruction.”

Few of the details Ravitch mentions are part of public discussions among policy-makers. Yet observing the action of the Legislature, the influence of those who seek education transformation is undeniable.

Wisconsin must wake up to the forces behind changes in schools. Once folks know details, I suspect few would support education funds to unaccountable schools created as investment opportunities.