Concurrence:
Ayes: 13 - Representatives Hundertmark, Freese, Kreibich, Wieckert, Townsend, J. Fitzgerald, Vos, Kleefisch, Richards, Sherman, Shilling, Zepnick and Molepske.
Noes: 0.
To committee on Rules.
Jean Hundertmark
Chairperson
Committee on Financial Institutions
The committee on Ways and Means reports and recommends:
Assembly Bill 968
A1019
Relating to: various duties of the Department of Revenue, including issuing declaratory judgments, conducting audits and assessments, asserting liability, allowing claims for refunds, awarding the costs of litigation to a prevailing party, imposing penalties related to a taxpayer's negligence, calculating interest on unpaid amounts, and requiring the exercise of rule-making authority.
Passage:
Ayes: 8 - Representatives Wood, Nass, Hahn, Jeskewitz, Kerkman, Lothian, Strachota and Pridemore.
Noes: 5 - Representatives Berceau, Ziegelbauer, Toles, Hebl and Fields.
To committee on Rules.
Jeffrey Wood
Chairperson
Committee on Ways and Means
__________________
Reference Bureau Corrections
Senate amendment 2 to Senate substitute amendment 1 to Senate Bill 391
1. Page 1, line 2: delete "on that line".
__________________
Executive Communications
State of Wisconsin
Office of the Governor
Madison
April 19, 2006
To the Honorable Members of the Assembly:
The following bills, originating in the Assembly, have been approved, signed and deposited in the office of the Secretary of State:
Bill Number Act Number Date Approved
Assembly Bill 454348April 18, 2006
Assembly Bill 129349April 18, 2006
Assembly Bill 383350April 18, 2006
Assembly Bill 1012352April 19, 2006
Assembly Bill 248356April 19, 2006
Assembly Bill 156357April 19, 2006
Assembly Bill 345359April 19, 2006
Assembly Bill 21362April 19, 2006
Assembly Bill 315363April 19, 2006
Assembly Bill 510364April 19, 2006
Assembly Bill 556365April 19, 2006
Assembly Bill 646366April 19, 2006
Respectfully submitted,
Jim Doyle
Governor
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Governor's Veto Message
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 84. This bill eliminates the requirement that school be held for at least 180 days each year and the requirement that school districts include in their annual report the number of school days taught by teachers legally qualified to teach. Assembly Bill 84 retains the minimum required number of hours of direct pupil instruction in current law, but specifies that if a school has scheduled a greater number of hours for direct pupil instruction in the 2005-2006 school year than current law requires, the number of scheduled hours in the 2005-2006 school year becomes the minimum requirement for that school. Finally, Assembly Bill 84 clarifies that the annual report of the school district include the number of hours of direct pupil instruction provided "in each school" by teachers legally qualified to teach.
I am vetoing Assembly Bill 84 because I object to creating the opportunity for school districts to reduce the number of days students are actively involved in learning. Lengthening the school day by as little as ten minutes - equivalent to less than two minutes per class period - would allow school districts to take five full days off the school calendar. I do not believe the extra ten minutes a day will lead to the same amount of learning as an additional week of school. In addition, shorter school years may be impractical for working families, who would face financial and logistical challenges with respect to child care and after-school supervision. Finally, by eliminating the requirement that schools report the number of school days taught in each year, that information would not be readily available to parents and citizens.
Our citizens are competing not only against students from Minnesota and New York, but India and Indonesia and Japan. Shortening the school year would be a real disservice not only to our kids, but to our country. We need to find ways to make our students and our schools more competitive in the global marketplace. Shortening the school year will do just the opposite.
Respectfully submitted,
Jim Doyle
Governor
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April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 152. Under current law, counties retain 10 percent of fines and forfeitures for administrative expenses. This bill would increase to 20 or 30 percent the share retained by counties for collections of unpaid fines and forfeitures within 120 days and over 120 days, respectively. This change, while intended as an incentive to increase collections of unpaid fines and forfeitures, would appear to do the opposite. By waiting 120 days, counties could increase administration fees by 200 percent.
A1020
Fines and forfeitures are deposited in the Common School Fund, interest on which is used to support public school libraries. The Common School Fund is the sole source of state funding for Wisconsin's school libraries. This significant increase in county administration fees will come at the expense of the Common School Fund. I cannot support the reduction of this program, which is critical to Wisconsin school children, with no guarantee that the funds retained by the counties would actually be used to increase collections efforts.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 327. This bill creates a new form of corporate organization, the unincorporated cooperative association.
I agree with the intent of the legislation - to help cooperatives raise needed capital through non-patron investment partners. However, the bill creates a tax consequence that was unintended by the authors and supporters of the bill. Although unintentional, I cannot sign a bill with consequences such as these.
My administration has already begun to work with the Legislature and supporters of Assembly Bill 327 to pass a version of this bill that achieves the goals of this proposal, without the creation of this tax consequence. I am committed to signing a new version of this bill before the end of the legislative session.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 509. This bill repeals the specific exception to the immunity provision related to litigation involving failure of local governments to repair highways.
While I know that our local governments work hard to maintain safe and high quality roads, I believe that in the few instances where individuals incur damages due to a lack of timely road repairs, citizens should not be prevented from receiving reimbursement from local governments. Additionally, the existing $50,000 statutory cap provides a reasonable limit on these damages if they occur. I would note that Wisconsin appellate courts have only applied this statute and its predecessor in 175 cases since 1884.
All levels of government are facing budget challenges and tough funding questions, but Wisconsin drivers should be assured that roads will be kept in good repair and that local governments will be responsible for damages when they fail to make repairs on a timely basis.
Respectfully submitted,
Jim Doyle
Governor
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April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 730. This bill modifies current law by allowing any baccalaureate or graduate degree granting institution within the University of Wisconsin (UW) System to operate or contract for the operation of an independent charter school with the approval of the Board of Regents. Specifically, the bill permits the chancellors of any UW institution besides UW-Milwaukee and UW-Parkside (to which current law would still apply) to establish or contract for the establishment of up to five independent charter schools each.
The bill requires the Department of Public Instruction (DPI) to approve the first five requests from UW institutions (other than UW-Milwaukee and UW-Parkside) and to maintain a waiting list of subsequent requests. While the bill effectively limits the number of UW institutions that may establish new independent charter schools to five, each institution is permitted to include up to five new charter schools in a single request. Thus, the bill potentially allows up to 25 new independent charter schools.
Assembly Bill 730 requires the chancellor of each approved UW institution to submit to the state superintendent a charter school plan with specific details. In the event that the chancellor from an approved UW institution does not submit this plan by the specified date, that institution is prohibited from establishing or contracting for the establishment of a charter school. Finally, the bill provides that any pupil who resides in the state may attend a new charter school established by a UW institution under the bill.
I am vetoing Assembly Bill 730 because I object to the lack of accountability measures for the new charter schools that would be established under the bill. While charter schools can be a good option for many families, this bill doesn't ensure that the new charter schools would be high-quality. The bill requires DPI to automatically approve the first five requests that it receives from UW institutions, regardless of their merit. Further, each request from a UW institution may include plans for up to five charter schools, some of which may be excellent and some of which may be inadequate. Unfortunately, the bill includes no mechanism to allow DPI to make this determination. Nor does the bill provide any requirements that UW institutions have the capacity to serve as effective and knowledgeable charter school authorizers.
A1021
While Assembly Bill 730 may benefit some of Wisconsin's students by providing additional opportunities to learn and creative and innovative educational settings, the bill fails to provide important accountability measures.
Respectfully submitted,
