Posted: 9/2/2005 5:40:10 AM EDT
Thanks to some ineptitude on the part of the bill's sponsors, Peg Lautenschlager is making out the CCW movement to be the bad guys. Link
Gun bill ignites open records dispute Does sharing draft with outsiders make it public? By PATRICK MARLEY [email protected] Posted: Aug. 29, 2005 Madison - A contentious bill that would allow Wisconsin residents to carry concealed guns has acquired a new layer of controversy - this time over the state's public records law. Deputy Attorney General Dan Bach said legislators must release a draft of the bill because the National Rifle Association and others outside the Legislature had a hand in writing the legislation.
But Rep. Scott Gunderson (R-Waterford), one of the bill's authors, said he was refusing to turn it over on the grounds that bills are confidential until they are formally introduced. Besides, Gunderson said, no one other than lawmakers and their staffs has seen or worked on the latest version of the bill.
He said that he gave an early copy of the bill to about four people, including an NRA representative, who gave him feedback on the measure. That draft was identical to the version of the bill that passed the Republican-controlled Legislature in 2003, he said.
Doyle vetoed the 2003 bill. The Senate overrode that veto, but the Assembly fell one vote short of doing so, allowing Doyle's veto to stand.
Gunderson and Sen. Dave Zien (R-Eau Claire) plan to roll out their latest version of the measure this fall, possibly within the next couple of weeks.
Gunderson told the Journal Sentinel early this month that under the new bill, permits allowing people to carry concealed weapons would be issued by Democratic Attorney General Peg Lautenschlager's office. The earlier bill would have required county sheriffs to issue the permits, which many of them cited as a reason for opposing the bill.
Shortly after the story ran, Bach made a written request for copies of any drafts that Gunderson or Zien had shared with third parties. Bach said he made the request because the new bill could hurt the Department of Justice's budget and could make the public less safe.
Gunderson and Zien wrote back, saying they needed to consult with lawyers and legislative leaders but noting that drafts are not subject to the public records law.
A hand in the writing The attorney general is contemplating suing over the matter, Bach said. Since making the request, he said, he has worried that special interests are helping to craft the bill.
"I made the request primarily because I wanted to see the bill draft, and when I got the response that I got from them, it raised concerns . . . that once again this appears to be a situation where special interests are being afforded a role in the legislative process and the rest of us are being frozen out of it," he said.
Bach said he fears lawmakers will call a hearing quickly after introducing the bill, which would make it difficult for opponents to challenge the measure because they would have little time to study it.
Gunderson said the bill would be public for at least a week before a hearing was held. He called Bach's request for the documents premature.
"As soon as we have a final version, we'll share it right away, but we don't have a final version," he said.
Gunderson said he hopes to unveil the bill within two weeks, which could blunt the likelihood of a lawsuit.
"This legislation is going to be introduced really soon, so a lot of this is an argument over not much," said Ron Sklansky, a Legislative Council attorney. "It is much in terms of the general principle, but it is not much in terms of this particular issue because once that bill is introduced, all this stuff is going to be open and there's going to be plenty of public discussion."
Even if this public records fight ends quickly, the issue is likely to be one that remains on the Capitol landscape because lawmakers often share bills with lobbyists, some of whom take an active role in writing bills.
In 2003, Lautenschlager wrote an opinion stating that drafts of bills must be made public if they have been shared with third parties.
She issued the opinion after environmental groups complained that a deregulation bill had been given to business groups.
Sklansky countered that legislators need to have a chance to formulate bills outside the public spotlight. Once bills are introduced, he said, they get a public airing.
"There is a method of coming up with legislation that is longstanding and that has been treated as confidential for a long time, and I think it's that practice the Legislature wants to protect," he said.
But Bob Dreps, a Madison attorney who often represents the Journal Sentinel and other media outlets in public records cases, said state law makes no distinction between drafts of bills and drafts of other documents.
"If (a lawmaker) shared it with lobbyists, he can no longer under the definition of a record contend it's a draft," he said.
|
Here's an idea. Introduce the frikken bill already. I don't understand why they've waited this long. Oh yeah, so they can run out of time to get it passed, like the first time.
|