Mine proposal could end federal flood insurance
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MADISON The proposed mine in northern Wisconsin would end federal flood insurance statewide, affecting more than 600 policyholders in Rock and Walworth counties, says a lawmaker who focuses on environmental issues.
Rep. Brett Hulsey, D-Madison, said the Assembly mining bill now being considered in the Senate contains provisions that would exempt mining from floodplain management regulations. That exemption would trigger action by the Federal Emergency Management Agency. The bill has cleared the Assembly.
“FEMA does not accept that exemption,” said Hulsey, a former senior regional representative for the Sierra Club and the 2000 recipient of the FEMA Outstanding Public Service Award. “At issue is flood insurance through the National Flood Insurance Program for 18,000 families in Wisconsin, including hundreds in Rock and Walworth counties.”
The risk to flood insurance came as a surprise to Dave Jackowski of Milton, who used the federal program to save his house on Lake Koshkonong after the 2008 flood.
“It was a $180,000 repair bill,” Jackowski said. “We had 11 inches of water on the floor for about two weeks. It wicked up the walls, requiring a rebuild from floor to ceiling.”
That was a bad year for Jackowski and his wife, Laurie. Both lost their jobs when the General Motors plant in Janesville shut down in 2008.
“I have no idea what we would have done without the insurance,” he said.
“It’s a stretch to understand why we would grant a mine that violated the flood insurance rules,” Jackowski said. “It’s sure not a fair tradeoff.”
When he suspected that the proposed exemption for the mine would jeopardize federal flood insurance, Hulsey said he contacted FEMA’s Federal Insurance and Mitigation Administration.
“I received a clear indication that the mine, as proposed in AB 426, will endanger flood insurance,” Hulsey said. “Keep in mind, this is not me simply speculating. The warning came straight from FEMA.”
The chief of floodplain management at FEMA, David Stearrett, said in a Jan. 26 e-mail to Hulsey that the exemption in the Assembly bill would violate federal flood insurance regulations.
“Although state legislation that limits or prevents local community adoption or enforcement of the minimum floodplain requirements is rare, FEMA has addressed similar issues, and if limitations are not remedied, FEMA is required to seek enforcement of the federal requirements that includes suspension from the program,” Stearrett said.
Hulsey, who has been looking into the flood insurance issue for months, said homeowners such as Jackowski have no alternative to national flood insurance.
“I know of no private insurance company that provide this type of flood insurance at any cost,” Hulsey said. “If a flood occurs, the homeowner pays for damages out of pocket.
“Also, when the mortgage lender finds out there is no flood insurance on the property, the mortgage is usually called in, and there’s no way to refinance,” Hulsey said. “That means the owner pays off the mortgage out of pocket or gives up the property.”
The NFIP reported that 486 policies covering nearly $75.4 million of property were in effect in Rock County as of 2008, the latest year for which figures are available. Since 1978, 261 Rock County claims have been filed totaling nearly $4 million. Figures during the same time period for Walworth County include 133 policies covering nearly $33 million in property with 22 claims totaling $19,500.
The national flood insurance implications of the Assembly mining bill were to be addressed by a special mining and jobs committee in the Senate chaired by Sen. Neal Kedzie, R-Elkhorn.
“I am aware of the possibility of the loss of insurance,” Kedzie said last week. “We have the Legislative Council looking at it, and if that’s the case, we will address it.
“We will not propose a bill that results in the loss of flood insurance.”
Since then, Senate Majority Leader Scott Fitzgerald, R-Juneau, disbanded Kedzie’s committee, leaving its work undone.
Fitzgerald’s action stunned one veteran lawmaker who was a member of the committee.
“I can’t think of anything in recent history to compare to this,” said Sen. Bob Jauch, D-Poplar, a committee member.
Republican Sen. Dale Schultz of Richland Center, another member of the special committee with Kedzie and Jauch, told The Associated Press last week he would not vote for the Assembly bill. Without his vote, a Democrat would have to sign on for it to pass the Senate. That’s not likely, Jauch said.
If the Assembly bill fails to pass, the threat to flood insurance would be abated.
“But that only lasts until the next bill from Republicans comes down the pike,” Hulsey said.


May 1, 2012 at 12:55 p.m.
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Has anyone explained why the mine needs the waiver? What is causing them to ask for the waiver or a change in the law? Please explain.
I have flood insurance that I buy through my insurance company. I pay FEMA, but the money goes to the insurer via FEMA. Not sure what the issue is here on either side.
Feb 20, 2012 at 7:41 p.m.
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ImBack -- really? 1) you are wrong; 2) you utterly dismissed the facts
Feb 20, 2012 at 7:26 p.m.
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@MacDaddy, “Just about every Democrat in politics is part of the 1% due to the millions they have in their bank accounts.”
I see that after numerous requests, Mac Daddy has not provided any sources to validate his statement. Here is data that disproves it. According to USA Today 57 members of Congress are in the top 1%. 23 are Democrats and 34 are Republican. http://www.usatoday.com/news/washington/...
Using data from the link below a person is in the top 1% with approximately $300k to $400k in pre-tax annual income and over $1.2M in net worth. These figures would put the number much higher with 101 being Dems and 133 being Rep.
http://whorulesamerica.net/power/investm...
To break it down: 29 members are in the top .01%. 12 =Dems; 17 = Reps.
Total Reps in Congress = 242; 7% are in the top .01%
55% are in the top 1%
Total Dems in Congress = 193; 6% are in the .01%
12% are in the top 1%
So Mac Daddy; 12% is NOT “'Just about every Democrat in politics” Using either set of data, Republicans are a greater portion of the 1% than Democrats.
Feb 20, 2012 at 7:10 p.m.
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I'm not against the mine. I'm against Walker changing the rules that are in place to protect the people of Wisconsin from BIG corporations stepping on the little guy. There is nothing stopping a mine going in using the present rules. The big corps just want the deck stacked in their favor. Research who paid for Walkers campain and follow the money.
Feb 20, 2012 at 6:06 p.m.
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Macdaddy, those are some good points. IMO, the whole less government thing is quite a slippery slope. The deregulation that has gone on.... how's that working? Basically greed run amok...
Feb 20, 2012 at 4:04 p.m.
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A separate rider is available for your insurance policy, which covers broken pipes, backed up sewers, etc., along with other types of water damage, and separate flood insurance covers flooding from storms or other unique situations. Our home is 150 feet above the level of Rock River, but only two blocks from our home, I have witnessed a cloudburst, which created enough water to flow over curbs and pour into basements. Some people will not clean their curbs of debris and we know what plugged sewers mean. Once a curb sewer is plugged, try to find who caused that sewer to plug up and attempt to prosecute for your damages.
Since then, we have added a rider for water damage and Federal Flood Insurance because our attorney recommended protecting ourselves from bickering about who should pay. They both pay part in many cases, because some situations occur simultaneously. On the other hand, look at your basement, closets, furnace, air conditioner, and the numerous other items present beneath the yard level, then make a decision what you will need to insure and check what is covered in all scenarios from a simple backed up sewer – certainly not the utility company. The replacement costs alone should disturb one, not to talk about inconvenience, disagreements, and irreplaceable items.
Feb 20, 2012 at 1:54 p.m.
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thayer: the mine is privately owned and will not require taxpayers to be on the hook for many years to come. High speed rail was going to bring a few jobs, but not close to as many and when you look at the BILLIONS needed to get it up and running. Very costly to create jobs per capita.
I mean, seriously, how much ridership would there have been from Milwaukee to Madison and vice-versa? And what about all the small towns along the way that would lose out on sales by people not stopping by to shop on their way home or to work? It was a bad deal. I am not saying this is a perfect deal, but much better than the train deal.
My point was that people praising our government for slowing this down were the same ones trying to fast-track the rail project. Its the old kettle calling others black or something like that. Glass houses, stones, you pick. You get my point.
Feb 20, 2012 at 1 p.m.
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Look -- I am all for the mine, brings jobs, in general it sounds great. I hear the tree huggers, the train robbers (high speed) and all -- they are just noise. But I really question what this bill is all about and what the mining industry is trying to do, or to avoid. It makes me wonder what their reasons are for wanting this bill. Its certainly not clear from this article.
Feb 20, 2012 at 12:55 p.m.
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Thayer175 said "My question now is, why is this mine a good idea and the loss of thousands of jobs through the cancellation of the highspeed rail was also a good idea?"
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When you look through red-colored glasses, mining is a great idea. When you look through blue-colored glasses, the idea of a high-speed rail is splendid. When you take the glasses off, the clear image is that both ideas were bought and paid for by special interests who could not care less about the citizens of Wisconsin.
Feb 20, 2012 at 12:46 p.m.
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I have some good news, eetech... you DIDN'T understand it correctly.
Feb 20, 2012 at 12:27 p.m.
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Kilgor720 is correct. Flood insurance does not just cover flooding in a flood plain. I just got my rent insurance information and it spelled out what flood insurance does cover and what it does not. Bursting pipes are usually covered under flood insurance...if you purchase it. Remember, the floods of 2008 affected property and homes that had never before been affected by rivers flooding. This mine could bring on even more flooding in areas that normally do not flood. My question now is, why is this mine a good idea and the loss of thousands of jobs through the cancellation of the highspeed rail was also a good idea?
Feb 20, 2012 at 11:55 a.m.
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Gogebic Taconite plans on having a HUGE iron mine in wisconsin. Do you really know what a huge mine looks like? Is it pretty to you? Would you like it in your back yard? Will it help the tourism in wisconsin? I for one DO NOT want a giant hole dug in wisconsins beautiful northern woods. They have always had water issues around giant mines and that is why they want the rules changed. They want to tear apart our pristine land without any responsibilities. Is Walker working for the wisconsin people or for out of state republican donators?
Feb 20, 2012 at 11:53 a.m.
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Don't bring up facts concderning flood insurance and who pays for it, it only weakens the arguments of those with little processing power. Also considering since the dawn of man, living near waterways has been imperative to our existence, let's discuss the foolishness of building "in a floodplain".
Feb 20, 2012 at 10:43 a.m.
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The homeowners PAY for this insurance and also there regular homeowners insurance---It's just run by the feds. Why does everyone think everything is a handout anymore? Also many of the properties were not in the flood plain when built--but are now as more and more land is paved over.
Feb 20, 2012 at 10:29 a.m.
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Flood ins. is PURCHASED by the policy holder and administered through FEMA.By the reasoning of a lot of posters on here,if your house burns or you have a car accident I don't feel my ins premiums should be used to help you rebuild or replace your car.Also many of you should check to see if your house is in a flood plain or fringe.But I suppose we could just level the whole downtown and forthward areas and don't forget all though houses near Palmer park and and lower Ruger ave.they're all near water.
Feb 20, 2012 at 10:11 a.m.
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To all the people complaining about the ignorance involved in building on a floodplain, I AGREE!
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However, aren't people in place to prevent the average citizen from making these ignorant decisions. Zoning commissions, realators, builders, bankers, etc... These are suppose to be the experts.
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Ignorance is not an excuse but if Zoning is approved and a home is built; a realtor shows you the home, the mortgage company approves the loan...Shouldn't the buyer trust that making the purchase isn't a "stupid" decision?
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If not, what is the point of all of the above professions? Why do they exist if not for the purpose of ensuring I am not making a "stupid" purchase?
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Just curious.
Feb 20, 2012 at 10:02 a.m.
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eetech,
Does that mean if my house is located in the woods, and private insurance companies choose to no longer offer fire insurance for homes located in the woods, I should be left on my own if there is a fire that destroys my home?
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Should we move to a country that is a pay as you go? You want to use a road, bill...I don't use that road, no bill. You really want that, no cooperation from the RICHEST COUNTRY IN THE WORLD, just individuals surviving or dying based on their God-given abilities.
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I don't want that. I believe the United States of American in the year 2012 is better than that.
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This program exists and there is no reason WI residents should be made exempt because of a Mine. Period, end of story. To rip this program away is UNamerican.
Feb 20, 2012 at 10 a.m.
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I believe that Mr. Fitzgerald simply didn't like the provisions of a new draft of the bill coming out of Mr. Kedzie's committee. Evidently it wasn't that it wasn't working, but that it worked too well. I do hope the tribes look at this closely and make sure that this mine keeps water clean and the resources (fish and wild rice) that the tribes depend on are not affected by this mine. Federal treaty rights trump the mining desires every time by law.
Feb 20, 2012 at 9:33 a.m.
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Wait...so if I understand this correctly tax money funds an insurance program for someone to CHOOSE to live in a floodplain? Hmmm...if you choose the live there knowing the risks you should have money to pay out of pocket when it flood and it eventually will. I don't want to have to pay to fix up your home. I could understand a business that uses the river for shipping or power generation but a house?
Feb 20, 2012 at 8:23 a.m.
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My point is that just about every politician is looking out for themselves, not the people, because they all represent people on both sides of the same issue.
My other point is that we need less government control in our lives, can't we all agree that Government has done a horrible job when it comes to spending our money? I mean we all make jokes about the 5 people standing around making a huge paycheck to watch the one person actually working when we pass them on the highways.
Anymore the people that get elected need to have big bank accounts, so they are out of touch with the person living paycheck-to-paycheck.
Oh and the whole Feingold thing? I voted for him and Kohl. I like what they have done, I don't vote straight party. I voted for Clinton, too. Its about the candidate not the party they represent, most of the time.
Feb 20, 2012 at 7:29 a.m.
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If the Assembly bill fails to pass, the threat to flood insurance would be abated.
“But that only lasts until the next bill from Republicans comes down the pike,” Hulsey said.
This last line really shows how Wisconsin does not work. Talk about partisan politics.
Feb 20, 2012 at 7:24 a.m.
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Hopefully our elected legislators will listen to their constituents before just voting along party lines on this issue.
Feb 20, 2012 at 7:20 a.m.
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I found out the hard way that flood insurance isn't just about natural bodies of water damaging a house. When I had a pipe burst (not from freezing) the water had ran for hours flooding my house. I called the Insurance company and was told it wasn't coverable since I didn't have flood insurance! I didn't live anywhere near the water so never considered this would be a factor. Totally unfair practice, so I switched companies. Very happy with my new one.
Feb 20, 2012 at 6:24 a.m.
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I find it interesting that for all the talk about the mining bill, we haven't heard too much about this being on treaty land. Not reservation land, but treaty land. As sovereign nation I think they have control over water quality that supersedes the state, by federal treaty. It seems to me in the rush to pass this bill this is something that is being overlooked and could cause some expensive court costs.
Feb 20, 2012 at 6:12 a.m.
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I don't get it. The article in the Gazette is not clear. Would someone please explain what a mine in Northern Wisconsin has to do with the feds. stopping flood insurance in rock county?
Feb 20, 2012 at 6:12 a.m.
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Flood Insurance tied to a mining bill?? Another ridiculus manuver by our broken political system. If our politicians had jobs in the private sector, most of them would be looking for new work.
On the other hand,in areas prone to flooding, the insurance money should be used to relocate these folks. Parts of the Rock River basin surrounding Lake Koshkonong qualify. These folks need to be relocated and the land turned back to nature.
Feb 20, 2012 at 5:56 a.m.
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Does anyone else notice that the folks on here who are against the mine are also the ones who support the ethanol plant in Milton?
Feb 20, 2012 at 5:40 a.m.
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Macdaddy, so what is your point? you think the Rep's are more in touch with the struggling middle class? ha
Feb 20, 2012 at 2:26 a.m.
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Just a point of interest regarding flood plains and housing and loans. I bought my house with VA backing. They had to do there assessment before I could get the loan. Part of the assessment was that the house was not in a flood plain. In short, if the house was by the river no loan.
Feb 20, 2012 at 1:27 a.m.
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Be aware that it is generally illegal to build in a flood plain, and I know that Rock County has generally been diligent in enforcing this locally. (There is also something called the flood fringe, in which restricted development is possible.) The problem is that the flood plain was defined AFTER many buildings were already constructed on it. Flood insurance is for these properties, and the idea is that the owners are self-financing their own disaster recovery instead of the taxpayers through FEMA assistance.
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In other words, this bill would punish the most responsible property owners who have avoided relying on taxpayer money.
Feb 20, 2012 at 12:18 a.m.
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They are just freshman minions.
Feb 20, 2012 at 12:14 a.m.
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Knilans and Loudenbeck...both are clueless.
Feb 20, 2012 at 12:11 a.m.
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“I am aware of the possibility of the loss of insurance,” Kedzie said last week. “We have the Legislative Council looking at it, and if that’s the case, we will address it. We will not propose a bill that results in the loss of flood insurance.” Since then, Senate Majority Leader Scott Fitzgerald, R-Juneau, disbanded Kedzie’s committee, leaving its work undone.
If this isn't one absolutely perfect view into the arrogance of the Walker/Fitzgerald machine, I don't know what is. They threw their own Republican State Senators under the bus in the rush to complete their sellout to Gogebic. Joe Knilans, what is your position on this?
Feb 19, 2012 at 11:35 p.m.
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No, jv93, it's Knilans and Loudenbeck that should be giving us a break...by communicating with their constituents about these very real possibilities. Not saying it will happen, but their ignorance on the subject will be of no consolation after the fact if this or other unintended consequences occur.
The point is....both are clueless.
Feb 19, 2012 at 11:28 p.m.
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Let's put a sad picture of some people whose house flooded on the front page and tell people that if this bill passes they'll lose their flood insurance. We can even fill out the sad story with lots of window dressing but in reality we know all along nobody is going to lose any insurance bill passage or not. The reason you haven't heard from Loudenbeck or Knilans is because they, like many of us, see right through this as a fear tactic to scare the public courtesy of Stan Milam. Plain and simple. Gimmie a break.
Feb 19, 2012 at 11:26 p.m.
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Macdaddy,
I agree with a point you make. It is both interesting and disturbing when a person aligns with a political party and then believes that particular party never does any wrong.
I wonder though, do you know if Senator Russ Feingold was in that 1% when he was outed by Tea Party favorite Ron Johnson? Was Ron Johnson in the 1%? Which of the two was richer? And lastly, can you tell me one good reason Russ Feingold should have lost that election? (Feingold was one of the few senators who actually thought for himself, and tried to represent his constituents, not special interests, as best as he could, over all else.)
Feb 19, 2012 at 11:21 p.m.
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Hey MacDaddy...how about some facts and evidence to back up your bs?
"Just about every Democrat in politics is part of the 1% due to the millions they have in their bank accounts,"
Feb 19, 2012 at 11:16 p.m.
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Sarah: and were you the one applauding the Republicans for slowing down the high speed rail project that saved wisconsinites Billions in future costs? Probably not.
It's funny to me, how people who align themselves politically think their party does EVERYTHING right and the other party is always in the wrong.
Here is something else that might blow your mind...Just about every Democrat in politics is part of the 1% due to the millions they have in their bank accounts, yet you think they think of you? ha.
I am for less government control. They spend money way to easily HOPING it will fix whatever is wrong and they will continue to get re-elected and collect their undeserved paychecks from US.
Feb 19, 2012 at 10:34 p.m.
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It's really telling that Joe Knilans and Amy Loudenbeck are silent when the proverbial excrement hits the fan....
I guess they are just waiting for their script from the boneheads on high.
Feb 19, 2012 at 10:03 p.m.
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More stuff us tax payers are covering. Maybe people shouldnt build in flood zones? Just a thought.
Feb 19, 2012 at 9:15 p.m.
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Hey - it is good for big business - who cares if a few thousand people lose their homes. It will bring JOBS to Wisconsin! (that is sarcasm, BTW....)
Feb 19, 2012 at 9:11 p.m.
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Historically, nearly every town, city or wide spot in the road was built there because of water. It was the lifeblood of America, and in some areas, it still is. It is logistically impossible to move towns that are in flood plains, depending on the frequency of floods. What short sighted and horrible kind of legislature would ram through this idiotic mine legislation, which may only net a few hundred jobs in the end, but will end up costing us much more. I've said it before. It's time to get the kids out of the sandbox. Time to put away your toys and let the grownups clean up your mess.
Feb 19, 2012 at 8:38 p.m.
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I do believe that with the river here there are as many people affected in this city as would be jobs. What a waste of legeslative time.
Feb 19, 2012 at 8:27 p.m.
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I would make a sure bet that Joe the Rep. did not read this bill either before he jump to support it. Just follow Walker, Joe you are painting yourself into the corner. Don't be a leader just a puppet! What a waste this guy has turned out to be.
Feb 19, 2012 at 7:08 p.m.
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I'm a 'lemming' ONLY if Governor Walker says it is so.
Feb 19, 2012 at 5:16 p.m.
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dont build by rivers and lakes prob solved. tax and spend the liberal way.
Feb 19, 2012 at 5:14 p.m.
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ImBack= feduptaxpayer/kaysbrew/et al
Feb 19, 2012 at 4:51 p.m.
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BTW to cnw1313, this article is not about getting the fed. govt. more involved, it is about maintaining protection that many people have already needed to use in our state. I for one am surprised to read this in the Gazette. Thank you Stan for an informative article.
Feb 19, 2012 at 4:45 p.m.
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In case the loss of flood insurance isn't enough for you, here are some links to testimony before the JFC on Feb. 17 by some scientists who show our elected leaders and the public that the mining co. is lying. . . Now why would the people who want to make a lot of money be held accountable? Why don't we just trust our elected leaders to make the best decisions when they have not even challenged the folks for whom they want to ram legislation through? Check it out if you have the courage and let me know what you think of facts. . . We all want jobs - the question is at what long-range price are we willing to achieve a short term gain?
http://wcmcoop.com/members/press-release...
and
http://wcmcoop.com/members/facade-of-res...
and one more, just for fun -- here is a funny picture that sums it up for me: http://wcmcoop.com/members/wp-content/up...
Feb 19, 2012 at 4:33 p.m.
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Check out Sen. Fitzgerald on "Here & Now" in his interview -- broadcast on Friday night. He claimed he disbanded the committee because it was unable to function. . . . Me thinks he did not like that opposition to the bill was growing and GOP's were falling out of lock-step. Here is the link to their website. The interview is on video: http://wpt.org/
Feb 19, 2012 at 4:29 p.m.
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If Governor Walker approves of it, then it's OK with me.
Feb 19, 2012 at 4:24 p.m.
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There's a reason why no insurance company provides flood insurance. It's because building on a floodplain is incredibly STUPID. It takes hardly any intelligence at all to figure that out.
Why should the taxpayers continue to foot the bill? I'd like to see all federal flood insurance ended.
I'm just sayin'...
Feb 19, 2012 at 4:16 p.m.
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Let's get the Federal Gov. involved more in our lives. They don't control enough of what we do. To hell with the mine. It only involves hundreds of new jobs, which true lefties don't truly want anyway.
Feb 19, 2012 at 4:10 p.m.
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Just show who how much fitz cares a about the other guy
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