Progressive Thinking

Area sportsmen clash with railroad enforcement on public lands along the Mississippi. Sen. Vinehout writes about the questions she has heard from local residents, enforcement and elected officials on the authority of railroad police. She has authored three bills addressing issues brought forward in her conversations.

LA CROSSE, WI - It was no wonder the Legislative committee chairperson did not want to hold a public hearing on Senate Bill 734, a bill that would return railroad trespassing law to pre-2006, which allowed crossing.

Madison lobbyists lined up against the bill to allow people to cross railroad tracks. The lobbyists represented seven different law enforcement groups, three labor groups, six different railroad groups, the oil industry and the state’s largest business lobby – Wisconsin Manufacturers and Commerce.

The Railroad Association asked lawmakers to oppose the bill because…“changing this law works against ongoing safety efforts by federal, state and local officials.”

In western Wisconsin, the epicenter of the rail police’s ‘education campaign’ to stop rail track trespassing, the local sentiment was very different. “Utter nonsense,” a local enforcement official said when I asked about the railroad police stopping an elderly angler.

I spoke with law enforcement, county board supervisors, a judge and city council members from around western Wisconsin. The common response was “Ice fishermen crossing the tracks? We have too many real problems.”

I also heard from many local residents who were concerned about losing access to over 200 miles of public lands along the Mississippi River.

Some outdoor enthusiasts told me they already gave up using public lands along the Mississippi. “My son was afraid when we were threatened,” one man told me.” His son went duck hunting last fall. “Now the boy doesn’t want to go hunting again.”

“This [action of the railroad] dissuades people from doing things they have a right to do,” said a trout angler, who is also a retired attorney. He questioned whether the railroad company had authority to write citations.

“Trespass citations are issued by a local authority unless special authority is conferred by the Legislature,” said the angler/retired attorney.

Federal law allows rail police to exist, but individual states must grant authority. Some states, like Minnesota, don’t allow rail police at all. Other states, like Illinois, highly regulate rail police and do give authority to write citations.

Wisconsin law allows limited authority to arrest but the officer must “immediately take the offender before a judge.” I could find no mention in the law of authority granted to issue “tickets” or local citations.

The retired attorney continued, “Say I was an angler and wanted to get to the river. The railroad does not have the authority to cite me for trespassing and they are threatening me. Doesn’t that come under the angler harassment law?”

In response to local concerns, I introduced three bills. The first would abolish the law that grants railroad police authority. By removing a section of the law, Wisconsin would become similar to Minnesota where rail police protect the property of the railroad but do not serve in a law enforcement capacity.

A story by a LaCrosse Tribune reporter was inspiration for the second bill. Under the open records law, the reporter requested from the railroad records of all rail police arrests and citations. The railroad denied the reporter’s request saying that as a private company the railroad did not follow open records laws.

However, if a company acts in a public law enforcement capacity, the public has a right to know what is going on. For this reason, I introduced a bill to apply the open records law to the railroad with regard to the arrests and citations for trespassing made by rail police.

Many people complained about the treatment they received by rail police. Unlike other states, Wisconsin has no avenue for residents to complain about unfair treatment by rail police. For this reason, I wrote a third bill to create a complaint process through the Wisconsin Department of Justice.

I asked the attorneys at the Wisconsin Legislative Council just what authority do railroad police have to write a citation or take other action. These attorneys serve lawmakers and research legal questions. Unfortunately, these folks are scrambling right now to keep up with the Capitol’s version of March Madness as the legislative majority rushes through hundreds of bills. I expect they will provide an answer to my question in a few weeks.

Stay tuned. I’ll keep you posted on what I learn.

MADISON - I’m going to be traveling all over the state next week, so I hope you can attend one of my events if you’re in Milwaukee, La Crosse, Eau Claire, Wausau, Green Bay, Appleton, Sheboygan, Waukesha, or Janesville.

The Milwaukee event is Thursday, March 17, and is sponsored by the Milwaukee Press Club and is on “Keeping Public Records Public.” I’ll be on a panel with Attorney General Brad Schimel, so I may tangle with him a bit. The event is from 11:30 a.m. to 1:30 p.m. at the Lake Express High-Speed Ferry Terminal, 2330 S. Lincoln Memorial Drive.

The other events are all panels sponsored by the Wisconsin Freedom of Information Council, and they deal with how to use the open records law. The Council has created Facebook event pages for each of the stops for those on Facebook who care to share them with others.

The stops and locations are listed here:

Day 1: Tuesday, March 15

2 pm: La Crosse
Local sponsor: La Crosse Tribune
Venue: La Crosse Public Library, 800 Main St.

7 pm: Eau Claire
Local sponsor: Eau Claire Leader-Telegram
Venue: UW-Eau Claire, Centennial Hall, Room 1614

Day 2: Wednesday, March 16

10 am: Wausau
Local sponsor: Wausau Daily Herald
Venue: Marathon County Public Library; 300 N. 1st St. Wausau

2 pm, Green Bay
Local sponsor: Green Bay Press-Gazette
Venue: Brown County Public Library, 515 Pine St., Green Bay

7:30 Appleton
Local sponsor: Appleton Post-Crescent
Venue: Appleton Public Library, 225 N Oneida St.

Day 3: Thursday, March 17

10 am, Sheboygan
Local sponsor: Sheboygan Press
Venue: Sheboygan Public Library, 710 N 8th St.

2 pm, Waukesha
Local sponsor: Schott, Bublitz and Engel, S.C.
Venue: Waukesha Public Library, 321 W Wisconsin Ave.

7 pm, Janesville
Local sponsor: Janesville Gazette
Venue: Blackhawk Technical College. 6004 S. County G, Janesville, Room 1400B

I hope to see you at one of these events, before I wear out!

Media reports last month revealed state officials at the highest levels have known for years of attacks and sexual assaults at Lincoln Hills School for Boys without either contacting or fully disclosing the details to concerned local officials or even the family members of the victims. This mistreatment of inmates and the underlying issues it reveals in DOC cause twelve legislators to request independent investigation by Legislative Audit Bureau.

MADISON - The Milwaukee Journal Sentinel reported in February that in repeated cases stretching back at least four years, state officials at the highest levels have known of attacks and sexual assaults at Lincoln Hills School for Boys. What's more, they admit no one bothered telling parents and local officials about the assaults on teenagers at a troubled prison.

The pattern of not sharing glaring problems continued for years, according to leaders in two counties, state officials, former Lincoln Hills staff and a parent of a juvenile inmate.

The whole mess was uncovered last December when federal agents raided the school and a massive federal and state investigation at the Northwoods prison and the sister facility on its campus, Copper Lake School for Girls went public.

Gov. Scott Walker's administration initially blamed the problems on front-line staff alone. But soon it became clear it was a larger failure at the Department of Corrections (DOC) and the Walker administration that had been covered up. Senate Republican legislators have since shirked their legal responsibility to investigate.

The appalling treatment of juveniles at Lincoln Hills is only the tip of the iceberg. Underlying grave issues of safety, overcrowding, repeat offenders, mental illness among inmates and management issues exist in our corrections system that are costing the state in dollars and safety of residents. It is time to bring these problems into the light of day.

On Tuesday, Sen. Kathleen Vinehout (D-Alma) was joined by Sen. Dave Hansen (D-Green Bay) and ten other state legislators in a written request to Joint Legislative Audit Committee co-chairs Sen. Rob Cowles (R-Green Bay) and Rep. Samantha Kirkland (R-Salem) for a public hearing to approve an audit of DOC by the independent Legislative Audit Bureau (LAB).

“The Department of Corrections is facing severe difficulties that require our immediate response,” said Senator Vinehout Tuesday. “I call upon my fellow members of the Joint Legislative Audit Committee to approve an audit of DOC. This audit is necessary to address grave issues of safety, overcrowding, repeat offenders, mental illness among inmates and management issues that are costing the state in dollars and safety of residents.”

Vinehout authored a letter requesting the Joint Audit Committee Co-Chairs to schedule a hearing to consider an audit of DOC. The letter was co-signed by over 40 legislators from around the state. The legislators share concern related to a number of issues including staff shortages, forced overtime and the reports of appalling treatment of juveniles at Lincoln Hills.

“The well-respected, nonpartisan, Legislative Audit Bureau has the know-how to understand the systemic problems faced by DOC and help lawmakers craft solutions,” said Vinehout. “A comprehensive program evaluation could identify challenging safety issues before people are hurt; help policy makers target resources to alleviate overcrowding; and spur needed changes in mental health treatment and the reintegration system to address the extraordinarily high number of those returning to prison.”

“Lives are at stake – the lives of staff, children and adult inmates. Enough anecdotal evidence exists to give us stark warning signs – something must be done. A nonpartisan audit could provide direction to move forward from the current crisis,” concluded Vinehout.

Sen. Kathleen Vinehout writes about the frenetic pace at which bills are moving through the legislative process. Members of the public are working hard to get their voices heard on bills that have real impact on their lives, but this speed coupled with lack of information leads to poor legislative decisions.

MADISON - “All your work has made a real difference,” Linda, my staffer, told Mrs. Gifford. She and her husband traveled to Madison to personally deliver letters to every Senator.

“Well, aren’t you nice,” Mrs. Gifford responded. “You just made my day!”

Twenty-eight minutes before the vote on a bill that would make significant changes in high capacity well rules, the Senate Agriculture, Small Business and Tourism committee clerk came to my office and said that bill was removed from the list to be voted out of committee.

As he left our office, he passed Barbara Gifford and her husband Jim who came to ask me to vote against the bill. For the moment, it looked like the Giffords were successful.

Senate Bill 239 is one of three bills that would alter the way Wisconsin grants permits to drill a high capacity well – a well that pumps 70 or more gallons per minute of groundwater. The bill prevents the DNR from reviewing existing high-cap well permits making them approved forever.

Wisconsin’s Constitution protects our water for the use of all residents. This bill would change things to “first come, first serve” - or, as one farmer described it to me, “the first one with the straw in gets to keep the most water.”

Mrs. Gifford lives in a part of the state where high capacity well operations have shrunk lakes, dried up springs, slowed flowing rivers and reduced drinking water supplies.

Some lawmakers did the hard work of balancing policy between the use of water for industry and agriculture and water supplies for drinking and recreation. Senators Cowles (R-Green Bay) and Miller (D-Monona) each wrote thoughtful bills to make real strides in solving the problem.

But SB 239, which is being rushed through the Legislature, simply gave everything to industry with little thought to the future – or the Wisconsin Constitution.

Even with little notice about the committee vote, Mrs. Gifford and her friends slowed the bill by their public advocacy.

Speed and secrecy dominate Wisconsin’s Capitol these days. The practice to vote bills out of committee the same day of its public hearing has regrettably become routine.

Public input from folks like the Giffords is vital in a democracy. Public input answers the question, “What will this bill do?” Lawmakers often learn a bill will do things the author never intended.

One bill with unintended consequences is Senate Bill 747, which changes the practice of massage therapy, authored by Senator Harsdorf (R-River Falls) and Representative Tittl (R-Manitowoc).

The bill appeared on the official Senate Agriculture, Small Business and Tourism committee calendar just one day before the public hearing. The public hearing and the vote out of committee happened the next day and left dozens of unanswered questions.

The bill would make it a crime – with possible 90 days jail time – for anyone who practiced massage therapy or “bodywork” without a license.

I had only a short time to talk with massage therapists about the bill. After I explained what the bill did, both women I called said “WHAT? Put massage therapists in jail? That makes no sense.” Indeed.

Senate Bill 747 would add a number of activities to the practice of massage therapy. Using elastic supportive tape, kneading soft tissue, stretching, even giving advice for self – would require a license. If you did these things without a license, you might go to jail. No one knew how much this would cost.

“The bill should not be here, before us now because we don’t know the cost,” reminded Senator Erpenbach.

Senator Taylor pleaded with the committee chair to postpone the vote. “We may be able to come up with a solution but we can’t do this with a quick hearing and exec in one day.” Like many Senators, she had two hearings scheduled at the same time and a host of other issues demanding attention.

“I can’t get input [from constituents], Senator Taylor told the committee. “Seriously, I hope we would delay this.”

The bill passed on a party line vote.

Speed and secrecy almost always leads to poor legislation. Public hearings exist to gather the public’s ideas, expertise and values. The result of sharing information between lawmakers and the public is better decisions for everyone.

MADISON - The last day of the Joint Committee on Finance (JFC) state budget work in the summer of 2015 was expected to be a day with some surprises. One surprise no one could have anticipated was the inclusion of page after page of open records changes. Limiting not only nearly every Legislative office record, the changes also would have closed state public agency records and the Governors records as well. Maybe that is why we celebrate “Sunshine Week” every year, to remind us all of the value of open government and the importance of transparency.

To close open records was monumental, epic and dangerous. As JFC Democrats we were given only 15 minutes to talk about the Republican motion that gutted open records. I spent every single second of my time talking about the mistake of the open records change. I remember saying that in the future when these Legislators left office and were looking back, this vote, to gut the open records law, would be their biggest regret because of the damage it would cause the people of Wisconsin.

Not one Republican vote was swayed by that argument and every single Republican on the Committee voted in favor of gutting Wisconsin open records law, including Representative Czaja and Senator Harsdorf. So of course it was a little disappointing that the Wisconsin Newspaper Association honored these two Legislators with awards.

Wisconsin had some of the first open records laws in the country. Decisions making sure records of the government were open for inspection in Wisconsin are almost as old as the state itself. As we are about to embark on Sunshine Week 2016 to celebrate open government, I hope we will all reflect on the 2015 budget open records crisis and remember how quickly the rules can change if we take them for granted.

I have always been a defender of a strong Wisconsin Open Records law, even when I was sued because I would not give out personally indefinable information of constituents who had contacted my office. The ability to make a decision as a custodian of public records and the counter balance of being able to bring suit when you disagree is central to the Wisconsin open records law and I hope it will be for years to come. Let’s celebrate Sunshine Week 2016 with extra vigilance given the summer of 2015 action.

For more information on Wisconsin’s Open Records law contact my office at 608-266-6670 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 888-549-0027.