Progressive Thinking

Sen. Mark Miller gives you important information on where and how to vote in the Fall General Election on Tuesday, November 6th.

MADISON, WI – Senator Mark Miller (D-Monona) offered the weekly Democratic radio address today.

The audio file of this week’s address can be found here.

A written transcript of the address is below:

“Hello, this is Senator Mark Miller with this week’s Democratic Radio Address.

“The Fall General Election is less than two weeks away, on Tuesday, November 6th. With all of the changes to election law that Republicans have made in the last 7 years, it is important to be aware of how, when and what you’ll need to vote.

“First, make sure you are registered. You can check myvote.wi.gov to see if you’re currently registered, if not, you can register at your local clerk’s office during business hours or at your polling place on Election Day.

“Additionally, absentee ballots are currently available statewide and many municipalities also offer in-person absentee voting at local clerk’s offices. Online, you can search for your polling place, see what’s on the next ballot or learn more about absentee voting. Find this information at myvote.wi.gov.

“To make sure you have the proper ID needed to vote head to bringitwisconsin.com. If you need a free ID to vote, take proof of identity, proof of residency, proof of citizenship and social security card to your DMV. This information can be found online at bringitwisconsin.com.

“The polls are open from 7:00am to 8:00pm on Tuesday, November 6th, 2018. For any other questions, the Wisconsin Elections Commission can be contacted at 608-266-8005.

“Voting is your constitutional right. Make a plan to exercise that right on Tuesday, November 6th.”

MADISON, November 7, 2017 - Today’s Senate session had one theme. Danger.

Senate Republicans passed several egregious bills today that do nothing to better the lives of Wisconsinites, but rather put them at risk.

There is no logical reason to make recounts for elections harder, except it consolidates power for those who hold it. There is no fathomable reason to put a gun in the hands of a toddler, except it benefits the gun lobby. There is no sensible reason to call a constitutional convention, except it benefits the billionaires who promote it to skew the playing field. There is no rational reason to allow acid mining in Wisconsin, except a foreign company really wants it. There are no comprehensible reasons for any of these things and yet, here we are.

These are dangerous policies at best. Wisconsin deserves better. In the words of Justice Antonin Scalia: “I certainly would not want a Constitutional Convention. Whoa! Who knows what would come out of it? A Constitutional Convention is a horrible idea.” Those poignant words cover a multitude of sins.”

Native Americans, originating from the Great Law of the Iroquois, have approached conservation decisions made today as ones that should benefit the people seven generations from now. Today, we seem to be rushing towards a new era, one where promises of the past are cast aside in the name of eliminating obstacles for business.

MADISON - Wisconsin has a rich heritage of conservation. From the Native American Tribes who inhabited this land for generations, to John Muir, Aldo Leopold, Warren Knowles and Gaylord Nelson – Wisconsin has been a national leader in protecting our land, water and air. The public trust doctrine, enshrined in our state constitution, guarantees that the waters of Wisconsin belong to the people of Wisconsin.

There was a time when this was a shared ethic amongst Democrats and Republicans. Our greatest environmental achievements have always been accomplished together, working toward the goal of making a better Wisconsin for our children and grandchildren. But today, I am disturbed by the erosion of that shared commitment. Governor Walker and Legislative Republicans seem to be rushing towards a new era, one where the bipartisan promises of the past are cast aside in the name of eliminating obstacles for business. Three examples from this legislative session alone demonstrate this regression.

In the early 2000s, water bottling giant Perrier had a plan to open a facility in the central sands of Wisconsin. There was great concern for the impact this might have on our groundwater resources. High capacity wells in that area have a direct impact on surface waters. As we can see today, they cause lake levels to decrease and rivers to run dry. The threat of Perrier brought together Republicans, Democrats and Democratic Governor Jim Doyle to pass what was supposed to be the first step in protecting groundwater quantity. 2003 Wisconsin Act 310 was passed nearly unanimously, 99-0 in the Assembly and 31-1 in the Senate and signed into law by Governor Doyle. In the years that followed, bi-partisan study groups continued to look at the issue to determine what those next steps forward might be to ensure everyone has reasonable access to the waters of the state.

The 2010 election resulted in the Republican control of both houses of the Legislature, the Governor’s office and an about face on the approach to environmental protection. Earlier this year, Republicans passed Wisconsin Act 10 on a partisan 62-35 vote in the Assembly and 19-13 vote in the Senate. The law allows for the repair, replacement and transfer of high capacity well permits without DNR approval. Because high capacity well permits are the only environmental permits without an expiration date, the provisions of this bill essentially grants permanent access to groundwater for those permit holders. This is in direct conflict with the Wisconsin state constitution which protects the waters of Wisconsin for the benefit of all users. It guarantees that the current problems with surface waters in the central sands will continue to get worse.

In the mid-1990s, the threat of a sulfide mine in Crandon, Wisconsin brought Democrats and Republicans together to pass the mining moratorium. This legislation, 1997 Wisconsin Act 171, was passed with overwhelming support, 91-6 in the Assembly and 29-3 in the Senate and signed by Republican Governor Tommy Thompson. Sometimes referred to as the “Prove it First” law, it simply requires that anyone wanting to operate an sulfide mine in the state of Wisconsin needs to demonstrate than another similar mine has been able to operate and close somewhere in the United States without polluting for at least 10 years. Because there has not yet been an example of a mine that can operate without causing pollution, Republicans now want to change the law.

Sen. Tom Tiffany (R-Hazelhurst) and Rep. Rob Hutton (R-Brookfield) have introduced Senate Bill 395 and Assembly Bill 499 which repeal the current Prove it First law. The bill appears to have widespread support on the Republican side. It passed the Senate Sporting Heritage, Mining and Forestry Committee on a partisan 3-2 vote and is rumored to be scheduled before the full Senate later this fall. It is widely opposed by Native American Tribes, conservationists, and government watchdog organizations. But that is virtually meaningless against strong Republican backers like Wisconsin Manufacturers & Commerce and Americans for Prosperity.

The most recent attack was unleashed at the end of September. A new bill is being circulated by Sen. Roger Roth (R-Appleton) and Rep. Jim Steineke (R-Kaukauna) that will end protection for isolated wetlands in Wisconsin. There are two kinds of wetlands and they are regulated differently. The U.S. Army Corps of Engineers, through the Clean Water Act, has jurisdiction over wetlands that are connected to navigable waters. Other wetlands, those that are geographically isolated, are protected by Wisconsin, thanks to a dedicated group of bi-partisan lawmakers.

In 2001, a U.S. Supreme Court decision, SWANCC vs. U.S. Army Corps of Engineers, left all geographically isolated wetlands unprotected. In the wake of that decision, legislators in Wisconsin sprang into action. A concerted effort over a 5 month period led to Republican Governor Scott McCallum calling a Special Session to pass a bill which put in place state-level protection for isolated wetlands. 2001 Wisconsin Act 6 was passed unanimously by both houses of the Legislature. Since 2011, a number of proposals have chipped away at the 2001 law, but the latest, LRB 4115/1, proposes eliminating state protection for isolated wetlands.

What has happened to Wisconsin? Not that long ago, when faced with an environmental crisis, Democrats and Republicans worked hand-in-hand to come up with common sense solutions. I worked diligently with my colleagues on both the wetlands and groundwater laws during my tenure in the State Assembly and was proud to have voted for both. Now I see a new generation of Republican lawmakers, very different from the last, who fail to see the forest for the trees.

Native Americans, originating from the Great Law of the Iroquois, have approached conservation with the concept of the seventh generation. Decisions made today should be ones that benefit seven generations from now. While I know we have fallen short at times, the core of that philosophy has been at the heart of Wisconsin’s past environmental law. It’s what brought us together to ban sulfide mining, protect groundwater and isolated wetlands in an overwhelming, unified voice.

Today, there is not thought given to seven generations. Rather, the next generation will be saddled with the damage inflicted today. I hope that they are able to rise to the challenge and repair what has been broken.

Sen. Mark Miller talks about SB76, which gives high capacity well owners priority over all other users of Wisconsin waters including shoreline property owners, anglers, boaters, tourist businesses, small farmers, and rural households.

MONONA, WI - The waters of Wisconsin belong to the people of Wisconsin. This provision is enshrined in our state constitution as a Public Trust. Wisconsin’s Republican-controlled State Senate recently passed a bill, Senate Bill 76, privatizing Wisconsin waters for the benefit of high-capacity well owners.

SB76 gives high capacity well owners permanent rights to withdraw water regardless of the impact on other water users. In spite of court decisions that require the DNR to manage the waters of Wisconsin for the mutual benefit of all users in accordance with the state constitution, DNR Secretary Stepp chooses not to do so. Instead she relies on a non-binding opinion by Republican Attorney General Schimel rather than following the constitution, the courts, and the broad statutory authority granted her department by the state legislature.

I am baffled and hugely disappointed that current Republicans who control state government would so openly fail their oath to uphold the Constitution of the State of Wisconsin. Their failure now completely seals the deal to give high capacity well owners priority over all other users including shoreline property owners, anglers, boaters, tourist businesses, small farmers, and rural households, all of whom are entitled to reasonable use of Wisconsin’s water…..OUR water. These other users now face the certain prospect of lower lake levels, reduced stream flows, and dry or contaminated wells with passage of SB76.

A high capacity well permit is issued to wells that can withdraw more than 100,000 gallons per day. It is the only environmental individual permit that is issued in perpetuity. These permits are FOREVER! With passage of SB76 there can never be any reconsideration of whether the withdrawal meets constitutional requirements to assure reasonable use for all.

Passage of SB 76 means that once again citizens will have to go to court to affirm and regain their constitutional right to their reasonable use of the waters of the state. They have had to do this before. Every time the courts have upheld that right. Republicans ignore it. Instead, they give preference to high capacity well owners, over all others, to use public water for private profit.

The people should not have to sue their government in order to protect their water rights. They should expect their elected representatives to honor their oath to uphold the state constitution. Some potato and vegetable growers in the Central Sands region where water use is most contentious recognize that their use is unsustainable and hurting their neighbors. They are a minority, but they could be the start of a responsible discussion on water management policies that assures sustainable use for all. Any such discussion has to acknowledge that high capacity well permits must be for a fixed duration like every other environmental permit. Ten years is a reasonable standard.

As of this writing, the State Assembly had not taken up SB76. If they adopt the bill and it is signed by the governor, high capacity wells will be permanent without any opportunity for review. Citizen outrage last session stopped a similar bill. Citizen outrage may still be able to stop SB76 in spite of the bill’s strong support by Wisconsin Manufacturers and Commerce and the Dairy Business Association. Hopefully the people will prevail again.