Administrative Rules

Our state constitution, like the federal constitution, establishes a government with three co-equal branches. Each branch has their own specific duties and responsibilities. The legislative branch – the Assembly and Senate – has the sole responsibility of writing legislation. The executive branch – the governor – has veto power over what we pass. The judicial branch is accountable for determining whether or not our legislation violates any of the principles laid out in the constitution.

When we go through the entire legislative process – which requires ample opportunity for public input – and create a law, it then goes to the appropriate governmental department. That department uses the administrative rule process to put rules in place to lay out how the new law will be implemented.

When I was elected, I assumed that when we passed a law, it would quickly be implemented and would accurately reflect our intent when we passed it. Unfortunately, I have learned that this is not always the way it works.

Sometimes it takes an inordinately long time for the department to get around to writing the rules. On some occasions, they never write them at all. Other times the rules that they write do not accurately reflect the intent of the lawmakers. I believe this flies in the face of the intent of the framers of our constitution and gives unwarranted authority to unelected bureaucrats who sometimes have their own agenda.

To be clear, this has happened under the administrations of either party, but there are several recent examples of how this process has been abused. In the last legislative session, a bill was signed into law that required drug screenings for certain childless, able-bodied recipients of FoodShare, or more commonly known as food stamps. 

The intent of the law was to provide treatment funding for anyone testing positive so that we could get them back into the workforce. After all, it does little good for the state to help them find jobs when a drug test is frequently the first thing a new employer requires. The law set an Oct. 1 deadline for implementation. To date, the Department of Health Services has not even filed a report or asked for an extension. They claim that they intend to implement the law, but have provided no timeline.

Similarly, the budget we passed last spring called for the hiring of two additional scientists at the Department of Natural Resources whose primary duties will be researching PFAS and other contaminants. To date, these positions have not even been posted and the DNR has not been completely forthcoming in explaining their intention.

Additional opportunities for the review of administrative rules by the state Legislature were added during the extraordinary session last year to assure that our laws are implemented as intended. Clearly, however, it has not eliminated this abuse of power. As I said, these difficulties occurred during Republican administrations as well. This should not be a partisan issue.  

 I am pictured with Robert Cornell, manager of the Washington Island Electric Cooperative

Washington Island Update 

It was an incredible honor last week to receive a plaque from the Washington Island Electric Cooperative for my efforts in securing $2 million in disaster relief funds for the local community in the 2019-21 state budget.

As you may recall, Washington Island lost power in 2018 when ice shoves damaged the only submarine cable that provided electricity to the town. Following the natural disaster, the Washington Island Electric Co-op had to use backup generators to restore power to homes and businesses.

The $2 million in funding will help the island with defraying a portion of the $4.1 million that was needed to replace the cable.

 The disaster had caused the average monthly electricity bill for a Washington Island resident to increase by nearly $20 for the next 30 years. However, with the $2 million in state funds, that increase is being cut in half. I strongly believe this funding will help our neighbors recover from the unfortunate incident that placed so many hardships on them.

On a related note, the Wisconsin State Senate also passed my bill last week that will benefit the Washington Island Observer by incorporating the local news outlet into the state definition of a newspaper, thereby allowing them to receive payments for publishing legal notices.

Under current state law, a newspaper is defined – with certain exceptions – as a publication that is printed at regular intervals and at least once per week, containing, on average, 25 percent news content per issue. However, the Observer doesn't meet that definition because it prints fewer issues in the winter when some residents and visitors leave for the season.

I am proud that my bill will help the Observer promote government transparency by ensuring the community has easier and more regular access to legal notices. 

The bill, which was passed by the state Assembly in October, can now be signed into law by the governor. 

Local Champions 

I would like to congratulate two of our local high school sports teams that recently won a state championship.

The Sturgeon Bay Clippers boys soccer team took home their second Wisconsin Interscholastic Athletic Association Division 4 title by beating The Prairie School in overtime in the championship game.

Furthermore, the Luxemburg-Casco Spartans girls volleyball team won their first WIAA Division 2 championship by defeating McFarland High School in the title game.

The hard work and dedication that these talented student-athletes have shown is truly remarkable and they should all be proud of their accomplishments. They have brought a lot of pride to our community and I am hopeful they will have the same level of success in all their future endeavors.

Way to go, our local champions!!!

Upcoming District Events

What: Family Art Day
Where: Peninsula School of Art, 3900 Cty F, Fish Creek, WI
When: Saturday, Nov. 16, from 9 a.m. to 12 p.m.
Details: "For families with children ages 3-17. Explore the latest exhibition in the Guenzel Gallery, experiment with new art media, work together as a family, and create a memorable work of art. Free."

What: NaNoWriMo 2019
Where: Baileys Harbor Library, 2392 Cty Rd F, Baileys Harbor, WI
When: Saturday, Nov. 16, at 10:30 a.m.
Details: "Join Jerod Santek of Write On, Door County to learn how to start a flash fiction/nano fiction story (55 words). He will explain various forms of short nonfiction and provide prompts to get you started writing. This program is free and appropriate for adults and high school students."

What: Winter Farmers Market
Where: Prince of Peace Church, 1756 Michigan St., Sturgeon Bay, WI
When: Saturday, Nov. 16, from 9 a.m. to 12 p.m.
Details: "Featuring indoor vendors with garden produce, meats, canned goods, crafts and more."