The Job Creation Act of 2003

" The Job Creation Act of 2003 will severely degrade Wisconsin's waterways, while destroying tourism jobs.

The Job Creation Act of 2003 /2004
degrades our environment, economy and democracy in Wisconsin

News Opinion Articles: No special interest left behind and Do business tax breaks do any good? and other articles.

As if the other deregulatory bills weren't bad enough, the Republicans of the Wisconsin Legislature have launched an additional all-out attack on Wisconsin's environment --- a large package of proposed changes under the misleading title "Job Creation Act," otherwise known as Senate Bill 313 and Assembly Bill 655.

STATUS: On January 9, the Republican sponsors and Governor Doyle agreed on a compromised bill, which was approved by the State Assembly on Tuesday, January 13 with a vote of 80 to 14 (see roll call). It passed the State Senate on Tuesday, January 20 with a vote of 27 to 6. (see roll call). A draft of the new bill wasn't available until Monday afternoon, January 12 and no public hearings were held on the compromise.

The Governor still insists the bill will not lower air or water standards, which he knows to be untrue.

Protest at Gov. Doyle's Town Hall Meeting in Green Bay
(1/16/04). Photo by H. Marc Larsen, reprinted with
permission from the Green Bay News Chronicle

* Governor Doyle signed the "jobs" bill into law on Thursday, January 22, in DePere, at the International Paper Company (which busted its union about 15 years ago after a strike that cost over 200 workers their union jobs. Ahh, the irony...)

This compromise was the result of secret negotiations which often included lobbyists from the special interest groups who will benefit from this bill. DNR staff, the Attorney General, and environmentalists were shut out of these negotiations. Clean Water Action Council has asked the Attorney General's Office to investigate and prosecute the parties as violators of Wisconsin's Open Meetings Law. (The AG has already ruled that the original bill drafting process violated Wisconsin's Open Records Law and has launched an investigation, but so far is not prosecuting.) This compromised version of the bill would still be damaging to Wisconsin air quality and waterways.

Click Here for the latest draft of the bill, as of Monday, January 12

Analysis by the Legislative Reference Bureau

The Republicans are manipulating public job fears in an effort to dismantle essential protections for public health, wildlife, and our basic quality of life in Wisconsin. Hunting, fishing, boating and other outdoor recreation opportunities will be affected, the tourism industry will be damaged, and the public's right to participate in key community decisions will be curtailed.

Problems with the Compromise
The following organizations have reviewed the newest version of the Job Creation Act, highlighting changes and calling attention to serious problems:

Recent News Coverage of the Compromise:

Click Here to read news articles

Act Now!
to Protect Wisconsin's Environment.

E-mail the Governor today to let him
know how you feel about this bill.

Click Here to E-mail Gov. Jim Doyle

Actions by Clean Water Action Council:

*The following are provisions of the Old Version of the bill, which
aren't very different from the new version:

Key Objections to the "Job Creation Act"

Increased Pollution and Destruction of Natural Areas - This bill attempts to change and or give away our water resources by changing the laws under chapter 30 of Wisconsin's statutes. Chapter 30 defines the minimum efforts that must be made by a public land owner in protection of the public’s rights. In Wisconsin, we have a constitutional right to hunt and fish. We have the right to enjoy the scenic beauty and the many benefits of lakes and rivers of our state. Because even small private actions can and will effect these rights over the long run, through accumulated impacts, Chapters 30 and 31 were adopted to define the line between appropriate and inappropriate behavior. This "Job Creation Act" would completely redefine the minimum standards and harm the environment and the public’s rights. Examples of the Act's effects, which would be allowed on roughly 80% of the state’s waters, are as follows:

would eliminate the criminal enforcement provision in Chapter 30

would allow increased polluted runoff (non-point pollution), one of the most serious forms of water pollution yet to be addressed adequately in Wisconsin.

would create general permits for activities that degrade waterways that previously required case-by-case permits. These general permits will allow for blanket approval of activities along waterways, such as bridge construction, grading of stream banks, placement of culverts, straightening waterways, and even diverting sections of streams. The public could comment on general permit activities only after the activity is approved and underway.

General permits would allow projects like this.

would allow trout and smallmouth bass streams to be dredged, diverted, lined with riprap, have culverts placed in them, have bridges put over them without any public comment or DNR oversight. It would allow bridges to be placed every six feet down the first 100 miles of the Wisconsin River, if someone wanted to do this. Streamside landowners could redirect or straighten 500 feet of your favorite trout stream. Headwaters of rivers are particularly threatened, and more than 1600 miles of class 3 trout waters.

would allow destructive, degrading lakeshore development on larger lakes including the construction of large piers, permanent boat shelters, dredging of up to 200 dump truck loads of lakebed material, all without any public comment or DNR oversight.

West Shore Green Bay: This entire area is a wetland complex with critical northern pike spawning habitat. During spring flooding, pike migrate along intermittent streams and roadside ditches to spawn. Unregulated culvert construction, channelization, riprapping, dredging and filling will block migrations and collapse fish populations.

would prevent Wisconsin from reducing mercury emissions, or other toxic pollutants. The Act would prevent new regulations by subjecting them to a strict cost-benefit test. The problem with this approach is illustrated by the press release from Senator Panzer and Speaker Gard (on November 11) claiming the proposed mercury rules have 'high costs and little benefit.' As the League of Conservation Voters points out, "The fact that lowering mercury reduces damage to children's mental and physical development, and reduces learning disabilities is difficult to quantify, but that does not mean these changes are of little benefit. If this is the leadership's concept of cost benefit analysis, we should drive a stake through its heart right here, right now."

more details:

The Act is Anti-Democratic --- It would severely reduce the rights of individuals to challenge business expansions in locations that would affect their lives or the environment. The Wisconsin Democracy Campaign (WDC) is calling this the "Public Suppression Act of 2003." It would limit the ability of the public to have a hearing on a major development of a protected water resource. It would limit the ability of administrative law judges to make rulings to protect threatened resources. It would also shorten the time that the public would be able to comment on a development proposal - if the public is even allowed to comment at all. (These comment periods are often too short to begin with...) According to Mike McCabe of WDC, "The bill severely limits public input on business permits. It puts a muzzle on citizens and places blind faith in the good will of megacorporations. It treats democracy as the enemy of the economy."

The Act Will Destroy, Not Create Jobs --- The Act's supporters make the unsubstantiated claim that Wisconsin loses jobs because of its onerous regulatory climate. Yet, studies show that environmental permit regulation is NOT an important factor for businesses when it comes to relocating or expanding in Wisconsin. For example, a study done by UW business professor Dr. Jon Udell showed that top executives in manufacturing rank Wisconsin highly as a location for manufacturers in part because of our high quality water and recreational opportunities. As Midwest Environmental Advocates (MEA) pointed out, in Udell's survey "270 Wisconsin manufacturing executives (providing 24% of the state’s manufacturing jobs) gave an above average ranking to the attitude of Wisconsin government toward business (which includes regulations and legislation). The only areas where Wisconsin ranked below average were taxes and labor relations. Neither of these issues are addressed in the so called “Job Creation Act.” In fact, MEA discovered that Republican sponsors of the Act had no data to prove their basic claim that environmental regulations are costing jobs in Wisconsin. Numerous other studies show that environmental protection is good for the economy.

This Act will not change the fact that the entire United States is currently suffering manufacturing job losses because of free trade rules with undemocratic and struggling economies in third world countries. U.S. workers can't compete with slave wages and low benefits elsewhere. The Legislators need to address these root causes of Wisconsin's manufacturing job losses, not dismantle our health and environmental regulations.

The Milwaukee County Labor Council, AFL-CIO has gone on record saying "We need real job creation. Republican State Senate and Assembly members have proposed a cynical 'Job Creation Act' that would severely undermine environmental regulations, plus make other changes to Wisconsin laws that have nothing to do with job creation. One of the provisions of this bill would prevent the Dept. of Workforce Development from setting standards for the number of apprentices on job sites. This actually destroys career ladders to family-supporting jobs. There is nothing in this bill that will create jobs! The bill makes no mention of critical job creation strategies such as targeted investment; worker education and training; and accountability standards for the use of public dollars as economic development incentives."

Rushed to Avoid Scrutiny --- Legislators tried to push the "Job Creation Act" through the legislative process in just 3 days, to catch everyone off guard. It was drafted behind closed doors, essentially written by corporate lobbyists, and serves those corporate interests at the expense of the public.
The Act is complicated and 114 pages in length, yet it was introduced Tuesday afternoon, November 11, 2003, and scheduled for public hearing on Wednesday morning, November 12, 2003 before the Legislature’s Joint Finance committee, with the intent to have the full Legislature hold a final vote by Friday of the same week. Such deliberate sneakiness should not be tolerated in public officials who are supposed to be responsive and concerned with the interests of the public. Wisconsin citizens should be outraged. The Republicans have now been forced to slow the process and promise public hearings, in response to the immediate anger generated by their rush, but this conflict should not have been necessary if the bill sponsors had acted respectfully toward the public.

Written by Corporate Lobbyists --- Lawyers for Wisconsin Manufacturers and Commerce (the statewide version of the Chamber of Commerce) and the Wisconsin Builders Association were heavily involved in drafting the bill, which would dramatically ease regulations on their industries.

Numerous private meetings and communications occurred between these business interests, legislators and the Legislative Reference Bureau which writes the legal language for proposed bills. No environmentalists had input. Of course, when the proposed Act became public, Wisconsin Manufacturers and Commerce immediately praised it and helped with the campaign for passage, orchestrated in cooperation with the Republican leadership.
According to a revealing article in the Capitol Times, "When Senators Panzer and Gard rolled out the bill at a news conference, media offices immediately received a flurry of faxes from a variety of Wisconsin industry and trade organizations, ranging from road builders to utilities, all endorsing the bill and urging its adoption. Though each had a different letterhead, they were all sent at the same time from the Madison headquarters of Wisconsin Manufacturers & Commerce."
Do we want Wisconsin's lakeshores and streambanks
to be bulldozed like this and turned into lawns?

The new legislative committee created to oversee Job Creation is chaired by Republican Rep. Stepp, from Racine. At the November 25th public hearing, she stated twice that she sympathized with the concerns of developers, because she is a homebuilder and understands the business (not "was," but "is.") This means she will personally benefit financially from the very legislation that she is promoting so vigorously, an obvious ethical breach and conflict of interest. Throughout the hearing, she repeatedly claimed to be environmentally concerned (as did all the Republicans) and insisted (as did all the Republicans) that the Job Creation Act would not lower Wisconsin's environmental standards, despite the extensive evidence provided to the contrary. It was just like talking to a wall.

Paid for by Corporate Lobbyists --- The Wisconsin Democracy Campaign has released a scathing critique of the anti-democratic aspects of the Act, including data showing the huge campaign contributions received by Republican sponsors. Special interests behind the bill have contributed nearly $7 million to members of the Legislature since 1993. The lead "authors" of the bill, Assembly Speaker John Gard and Senate Majority Leader Mary Panzer, have accepted a total of $293,010 in campaign contributions from the interests they let write the measure (from business, manufacturing, bankers, the construction and road building industries, utilities, Realtors and papermakers, among others.) This year alone, the legislative campaign committees that Gard and Panzer control have collected $58,600 in contributions from these interests.

As Steve Hiniker, of 1000 Friends of Wisconsin testified, “In short, this legislation is a radical departure from the state’s long standing tradition of involving the public in resource management. Wisconsin is a national tourism destination because we have beautiful waters and outstanding recreational opportunities. Wisconsin is in danger of losing that distinction because of this legislation which was written in secret with development interests who simply don’t care what our state looks like.” [emphasis added]

Further Information

What You Can Do ---

E-mail Governor Jim Doyle, writing him with your opinion.
Contact your state legislators, writing them with your opinion. (If you're not sure who your legislators are, this link will help you find out, easily.)

Environmental Economics --- Learn how backward these proposals really are. Environmental regulations help support our longterm economy.

Bill Text --- Read the exact language of the Job Creation Act (old version).

Legislative Sponsors --- Introduced by Senators PANZER, STEPP, KANAVAS, KEDZIE, LEIBHAM, ZIEN, DARLING, ROESSLER and WELCH --- Cosponsored by Representatives GARD, KAUFERT, JOHNSRUD, GROTHMAN, MONTGOMERY, SUDER, KESTELL, NASS, J. FITZGERALD, TOWNS, FREESE, NISCHKE, HONADEL, MCCORMICK, D. MEYER, KRAWCZYK, KREIBICH, OWENS, J. WOOD, OTT, TOWNSEND, HUEBSCH, GIELOW, JESKEWITZ and GUNDERSON.

(Northeast Wisconsin sponsors are highlighted in bold letters.)

Selected Media Coverage of the Job Creation Act

Lobbyists craft bill: Special interest hand heavy in regulatory rollback legislation, 11/14/03, CapTimes
Editorial: GOP trying to ruin state, 11/14/03, CapTimes
Doyle, GOP bicker over job creation bill: Gov wants faster action, 11/14/03, CapTimes
Legislature will return in early December, 11/14/03, GBNewsChronicle
Editorial: Economic session chance for redemption, 11/14/03, AppletonPC
Governor, Legislature trade jabs on jobs bills' delay, 11/13/03, MilwJS
Environmentalists decry GOP's Job Creation Act, 11/13//03, CapTimes
Rollback on Rules, 11/12/03, CapTimes
Rep. Gard: Democrats Throw Up Jobs Bills Roadblock, 11/12/03, WisPolitics
Editorial: No three-day wonders, 11/11/03, MilwJS
Lawmakers seek to ease regulatory process, 11/11/03, MilwJS
GOP Introduces Job Creation Act, Hopes for Quick Passage, 11/11/03, WisPolitics

Testimony and News Releases regarding the "Job Creation Act"

back to top

CWAC.Net is designed by EarthWINS & hosted by Doteasy.com