LARSON WEEKLY REPORT - January 25, 2013

January 24, 2013 - Edition

Senator Chris Larson - 7th District

Dear Friend,

This week we dig deep and traverse our way through the complex mining bills introduced over the past week. A number of opportunities for neighbors to share their thoughts on important issues at upcoming community meetings and by filling out a brief online survey are also highlighted.

Sincerely,
Chris Larson
State Senator, District 7
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Office Phone: (608) 266-7505

Toll-free Phone: (800) 361-5487
Email: Sen.Larson@legis.wi.gov

Mailing Address:
State Capitol
P.O. Box 7882
Madison, WI 53707

Web Site:
SenatorChrisLarson.com
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Pass the Right Mining Bill, Not the First

On Wednesday, the Senate Committee on Workforce Development, Forestry, Mining, and Revenue and the Assembly Committee on Jobs, Economy, and Mining held a joint public hearing on Senate Bill 1, which is one of two mining bills to be introduced this session. This public hearing took place in Madison, and the chairs of these committees have indicated that it is unlikely that another hearing will be held in the areas most greatly affected by proposed mines. Testimony was limited to two minutes per person or group and each legislator was restricted in the number and types of questions they could ask of those testifying.   CLICK HERE for video of Senate Bill I.

A Better Mining Alternative

In contrast, I am supporting meaningful, bipartisan mining reform legislation created by Democratic Senator Tim Cullen and Republican Senator Dale Schultz that will protect our environment, prevent legal challenges, and more quickly create jobs for people across Wisconsin. Some of the highlights of this common sense proposal include:

This bipartisan bill does not exempt iron mining companies from the current moratorium law, unlike Senate Bill 1, which does.

The bipartisan bill creates a realistic permitting timeline--two years from application submission to the decision deadline--while allowing for a six-month pause by the DNR and additional pauses as requested by the mining company instead of the short, inflexible, and unrealistic timeline created in Senate Bill 1.

The bipartisan bill allows enough flexibility for the Army Corps of Engineers to conduct a joint permitting process with the Wisconsin DNR. This means a mining applicant can expect a smoother, faster, and less expensive permitting process. Senate Bill 1, on the other hand, ends this collaboration leading to more delays and opportunities for legal challenges.

The bipartisan bill was created completely out in the open and included input from mining experts, environmental advocates, state and federal regulators, and interested businesses. In drafting Senate Bill 1, this input was nonexistent.

Senator Cullen held public hearings around the state, including in the areas most affected, instead of limiting public input to just one hearing in Madison, as was the case with Senate Bill 1.

Legislators must not be content with appearing like they are working on jobs rather than actually doing the hard work necessary to put people back to work and give economic security to Wisconsin’s working families. In every way, this bipartisan legislation by Senators Cullen Schultz draws a stark contrast to Senate Bill 1 and provides us with a real opportunity to create an environmentally sound mining operation in Northern Wisconsin and actual jobs for our fellow Wisconsinites.

If we have learned anything from last year's debate on mining, it is that to create a quality bill to grow Wisconsin's mining industry we need to craft something that has bipartisan support. Additionally, such a bill must not only create jobs, but also protect our natural resources and the jobs associated with our agriculture and tourism industries. With several bills available--Senate Bill 1 and the bipartisan proposal introduced this week by Senators Cullen and Schultz--let us take the time to choose the right bill, rather than just the first one introduced, for our state.

Court Reverses Course on Act 10
Late last week, the federal 7th Circuit Court of Appeals in Chicago overturned the ruling in Wisconsin regarding the constitutionality of Act 10. Whereas the court in Wisconsin found portions of Act 10 unconstitutional, the 7th Circuit Court of Appeals--in a 2-1 split decision--upheld the constitutionality of the law in full.

Click here to view a copy of the Court's decision in full.
The ruling by the 7th Circuit Court of Appeals is an immense setback for Wisconsin’s middle class families who are already suffering a lack of job creation. After half a century of labor progress in Wisconsin, upholding this divisive legislation will only hurt Wisconsin’s working, middle class families.

While the 7th Circuit Court upheld Act 10 on narrow legal grounds, the court did acknowledge that Act 10 appears to be an act of favoritism for 'friends' and a punishment for enemies. Judge David Hamilton--one of the presiding judges on the case--noted that "the United States Constitution does not forbid all legislation that rewards friends and punishes opponents." The 7th Circuit’s determination that the calculated protection of political favorites and the targeting of political foes is constitutionally permissible is a sad deterioration of our Wisconsin values.

I would hope that the comments made by the courts reaffirming that legislation, like Act 10, is meant to divide and conquer will force those in control of the legislative and executive branches to reconsider their frowned-upon tactics.
Both Republicans and Democrats campaigned on promises of bipartisanship as no political party has a monopoly on good ideas. It is time move away from the ideological favoritism and political punishment that has plagued our state and instead commit to real, bipartisan solutions to move Wisconsin forward for all.