Progressive Thinking

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.”

Tuesday’s State Senate calendar contains several bills that need time for proper debate, amendments to address significant concerns raised by the public, and bills that were sold as one thing and ended up being very different.

MADISON - In the past eleven years, I wrote 64 times about the problems of speed and secrecy in the legislative process. However, I never saw a calendar as broad and deep in controversy as the most recent one before the State Senate.

For weeks, we heard that the Senate would vote a hodge-podge of highly controversial bills. “Horrid,” one staffer called the expected Senate Calendar. None of us, including the public, knew what bills would come up for a vote.

The cloak of secrecy raised a bit on Friday when we received the tentative list of bills. But even the day before the vote, we did not have the official bill materials and were scrambling to get details.

Often what happens on the Senate floor is non-controversial. Previous Senate session days, with many bills pending, had perhaps a handful that end up in a partisan vote. The Senate calendar for “horrid” Tuesday detailed opposition by the minority to a full fifty-percent of bills scheduled.

Some of the bills were presented one way to Senators by lobbyists or constituents. However, the actual bill language or amendments added resulted in a very different bill voted out of committee. For this reason, some Democrats voted against bills they originally supported or removed their names as cosponsors.

Additionally, significant negative public testimony in public hearings should result in changes to a bill. Fixing problems with bills is the function of committee work. Many bills on Tuesday’s Senate calendar were not fixed, which leaves Senators scrambling to draft last minute amendments.

Big policy questions are behind many bills up for consideration – questions that deserve a thorough debate.

Should we change laws regarding cooperatives? Should co-ops be allowed to violate the basic cooperative principles of “one member - one vote” or limit members’ access to financial records? Should nonmembers serve on the board of directors? Should voting power be based on patronage, which gives larger farms a bigger voice?

Important questions need to be answered about a series of bills that increase mandatory penalties for crimes, keep youth in prison longer, make it easier to send someone on probation or parole back to prison, and limit the ability of prosecutors to work with minor players in a crime in order to catch the kingpin.

We need to know how much it will cost to change rules related to probation and parole. While no routine fiscal estimate was done, a staffer found a Department of Corrections memo estimating the cost in the first two years at almost $200 million. The cost is not part of the recently passed budget.

Another bill on the calendar that generated significant contact to my office is the question: should Wisconsin take action to call for a Constitutional Convention under Article V of the United States Constitution?

Calling a Constitutional Convention opens up the entire US Constitution to rewriting by the delegates to the convention, despite the fact they may be sent by their state to vote for only a balanced budget amendment. These delegates would have powers superior to the President, the Supreme Court and the Congress.

Such a convention is an extremely risky venture in our fragile democracy. Wisconsin is one of nine states targeted by Koch brothers funded groups. Nationwide, only a handful of state legislatures need to pass laws to reach the threshold where such a convention would be called.

Another controversial bill would open up our state to sulfide mining. Our state has strong protections for the most dangerous type of mining. This bill changes the law to allow nonferrous (non-iron ore) metal mining. Among other concerns, the bill creates a fast permitting process that limits DNR’s ability to collect scientific data.

The bills I mentioned and dozens of others deserve public scrutiny and extensive debate. Citizens need to be aware of the potential serious consequences of the action and weigh in on decision. Lawmakers need time to understand amendments, complex policy and balance competing concerns.

In an environment of speed and secrecy, legislators do not have the details to make good decisions and the public is left out in the cold.

MADISON - I need you – right now! -- to contact your Wis. State Senator about a horrible bill that’s up for a vote TOMORROW, Tuesday! It’s called AJR 21, and it seeks a Constitutional Convention on a balanced budget amendment. And if you are in one of the below listed districts, it is of particular urgency you contact your senator and encourage their "no" vote.

The balanced budget amendment is a horrible idea because it would tie the hands of our government in times of recession.

But there’s an even bigger problem with calling a Constitutional Convention, and that is, once it gets under way, it may go beyond its original mandate and throw everything on the table, including our basic rights.

This Constitutional Convention idea is closer than you think. If Wisconsin and just a few more states sign on, you’re going to wake up one morning to the news that there’s going to be a Constitutional Convention. And then who knows what’s going to happen and what damage can be done?

The bill again is AJR 21, and here are the Republican Senators that are crucial to contact and to urge to vote no:

• Sen. Rob Cowles (SD2) -- (800) 334-1465
• Sen. Dan Feyen (SD18) -- (608) 266-5300
• Sen. Scott Fitzgerald (SD13) -- (608) 266-5660
• Sen. Devin LeMahieu (SD9) -- (608) 266-2056 (pronounced Lemma-hue)
• Sen. Terry Moulton (SD23) -- (608) 266-7511
• Sen. Luther Olsen (SD14) -- (608) 266-0751
• Sen. Jerry Petrowski (SD29) -- (608) 266-2502
• Sen. Roger Roth (SD19) -- (608) 266-0718
• Sen. Van Wangaard (SD21) -- (608) 266-1832

The Wisconsin Assembly has already passed their bills and now the State Senate needs to block them. Read more in the Milwaukee Journal Sentinel here.

Thanks for picking up your phone! Please report back with feedback from your calls.

Best,

Matt Rothschild
Executive Director
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Senator says we need to continue the momentum after the passage of SB 48 relating to lead service line replacements and take immediate action to keep our kids safe from being further poisoned by lead.

MADISON – Each of our neighbors deserve to live in a healthy, safe community. Lead pipes are an avoidable public illness that is quietly devastating Wisconsin neighborhoods. Over the past few decades there has been significant research revealing how devastatingly harmful lead exposure is for both children and adults. We must prioritize addressing and preventing lead poisoning in our children.

Tackling the threat of lead poisoning is a moral and economic imperative. According to the Wisconsin Department of Health Services (DHS), our state would save $7 billion if the threat of lead poisoning was eliminated. This includes savings in medical care, special education, and even crime reduction among adults and youth.

Today, the Senate took up a bipartisan bill (Senate Bill 48) that moves our state one small step towards addressing Wisconsin’s lead crisis. During the state budget debate last month, Senate Democrats fought for Wisconsin to take swift action by introducing a Lead Abatement Amendment, which would have committed the necessary funds to provide adequate relief to communities access the state, after Senate Bill 48 was stalled in committee for months.

I urge my Republican colleagues to continue the momentum and take immediate action to keep our kids safe from being further poisoned by lead. Among the available bills are Senate Bill 41, which would protect renters from lead poisoning, Senate Bill 141, which would give schools more flexibility to invest in lead abatement costs, Senate Joint Resolution 67, a bill to declare a Lead Poison Prevention Week in Wisconsin.

So far, despite the lead pipe crisis, none of these bills have even received a public hearing.

***

This statement from Senator Chris Larson (D - Milwaukee) regarding the Senate passage of Senate Bill 48 on October 31, 2017.

Senate Bill 48 was introduced by Senators Cowles, L. Taylor, Bewley, Carpenter, Darling, Feyen, Harsdorf, Johnson, C. Larson, Lasee, Miller, Olsen, Petrowski, Risser, Vinehout, Vukmir, Wanggaard and Hansen; cosponsored by Representatives Thiesfeldt, Krug, Genrich, Crowley, Barca, Bowen, E. Brooks, Brostoff, Fields, Goyke, Horlacher, Jagler, Kitchens, Kolste, Mason, Novak, Ohnstad, Ripp, Schraa, Spreitzer, Spiros, Steffen, Stuck, Subeck, C. Taylor, Tauchen, Tusler, Zamarripa, Zepnick, Anderson and Allen

A recent LAB audit showed WEDC’s failure to comply with the laws to protect taxpayer’s money for job creation efforts in Wisconsin. WEDC’s lack of transparency, their numerous examples of misrepresenting job creation numbers and their frequent disregard for LAB recommendations call into question their ability to oversee a $3 billion contract with Foxconn.

MADISON - “We have not been able to verify the jobs,” said Secretary Mark Hogan at a recent public hearing of the Joint Committee on Audit.

In this statement, the head of the Wisconsin Economic Development Corporation (WEDC) confirmed what several years of audits repeatedly found: our state awarded hundreds of millions in tax credits and cash payments to companies to create jobs without ever checking to see if jobs were actually created.

WEDC is the state agency overseeing economic development efforts. They hand out tax credits and cash payments to corporations to create and retain jobs. WEDC writes contracts for companies to receive state money. When a company abides by the contract, it receives a payment, a certificate for a tax break, or their loan is forgiven.

Secretary Hogan’s statement above was his response to questions from myself and others who asked whether he was going to follow the law. We did not trust WEDC was prepared to follow recommendations of the Legislative Audit Bureau (LAB) to set up policy and really start following the law.

The law states WEDC must verify the company actually created jobs, not just their word. It’s a bit like your son telling you he cleaned his bedroom. You always walk upstairs and check to make sure.

In the last four years, audit after audit by the nonpartisan LAB found WEDC never verified companies followed through with their contracts.

Numerous times, companies admitted they failed to hold up their end of the bargain. Instead of enforcing the contract, WEDC changed it to reflect what the company did do and gave them the money anyway. Hundreds of millions of tax dollars went to companies without WEDC staff independently verifying the promised jobs.

Even when WEDC knew a company didn’t comply with the terms of their contract, they would sometimes still award tax credits and cash payments. In other cases, WEDC claimed the promised (but not delivered) jobs on the WEDC website even though they knew the numbers weren’t accurate.

For example, auditors found WEDC claimed credit for 485 jobs a company promised to create. The company pulled out of the program and created no jobs but the state website still showed 485 promised jobs. In another case, WEDC claimed credit for keeping 340 jobs despite the company going out of business.

In a third case, WEDC claimed credit for 68 jobs that weren’t created because the company sold its Wisconsin operation. In yet another example, a company informed WEDC they only created 18 jobs of the 226 promised. WEDC still claimed the entire 226 jobs on their website.

In another instance, a company promised 657 jobs. WEDC staff decided the company was only eligible for tax credits for 489 jobs. But WEDC still claimed the additional 168 jobs on their website.

Another example showed a company reported the creation of 742 jobs, but WEDC staff found only 678 were eligible for tax credits. The online data still reflected the larger number.

During the hearing, I found it difficult to determine if WEDC was incompetent or deliberately skirting the law.

I was most disturbed when Secretary Hogan flat-out said “no” to my request to release documents to LAB so auditors could complete their work. The document I wanted released was a study by an independent attorney the state paid $8,600 to answer the question: “Is WEDC complying with statutes?” (are they following the law?)

This question was central to the findings of the audit. If agency leaders didn’t think there was a law they needed to follow, I had no hope they would follow the audit recommendations and adopt verification policies and procedures.

I left the hearing with many unanswered questions. Does Secretary Hogan understand he must follow the law? What is Secretary Hogan hiding in the document he refused to release to auditors? How can lawmakers stop WEDC from rewriting contracts if companies don’t deliver? How can we get an accurate count for how many jobs were created with the millions of taxpayer dollars?

But the most pressing question was; how can we possibly trust WEDC to oversee a $3 billion contract with Foxconn?