These provisions end payments under the Expenditure Restraint Program and the utility component of shared revenue. These provisions also set the total to be distributed under the bill's new County and Municipal Aid Account at $999,709,900 beginning in 2004.
I am partially vetoing these provisions because expenditure restraint and utility payments should both be retained. As a result of my veto, expenditure restraint and utility payments will continue and funding under the newly created County and Municipal Aid Account will be decreased by an estimated $86,900,000. Expenditure restraint payments will be set at the current law amount of $58,145,700 for 2004 and beyond. Shared revenue utility payments will adjust annually to the amount determined by the current law formulas and are estimated at $28,800,000. Total shared revenue funding will remain at $999,709,900 for 2004 and beyond except that this total will increase or decrease according to changes in utility payments.
Through the new County and Municipal Aid Account, the bill modifies shared revenue to reward communities that create savings through consolidation and cooperation. Specifically, up to $45,000,000 of shared revenue funding will be reallocated to counties and municipalities that save taxpayer dollars by working together. While this new program marks a significant step forward in Wisconsin's willingness to examine how costs can be reduced, the loss of the existing cost containment feature of the Expenditure Restraint Program would be unfortunate. My veto to restore expenditure restraint payments means that shared revenue will now include two savings incentives, rather than only one.
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My veto also encourages economic growth. Under the bill as passed by the Legislature, the incentive to host new power plants would have been eliminated. With my veto, localities that host new power plants will continue to be rewarded for helping Wisconsin secure a better future.
Given the strong link between energy and economic growth, I remain committed to ensuring a strong state effort to guarantee our energy supplies. Since my veto can only restore current law utility payments, I once again encourage the Legislature to pass improvements to this vital program.
8. Definition of Agricultural Land for Use Value
Sections 156b, 156d, 156e, 9144 (1m) and 9344 (1m)
These sections, in part, provide that land in agricultural use is eligible for use value assessment if the land is on a farm and a form has been filed that specifies that the land is part of a farm. These sections also require that a form must be filed with the local assessor when land is no longer eligible for use value.
I am partially vetoing these sections to eliminate the requirement that land in agricultural use must be on a farm to receive use value. I am also partially vetoing these sections to eliminate the filing requirements. I am making these partial vetoes because these requirements will cause substantial confusion, unnecessary work and will take needed tax breaks away from deserving farmland.
The bill defines a farm as a business engaged in activities included in crop production or animal production as specified under the North American Industry Classification System. Because this definition is too narrow, however, to include several types of land currently included in the Department of Revenue's definition of agricultural use, the bill may force property tax increases on a substantial amount of agricultural land. As a result of my veto, land devoted to Christmas tree and ginseng growing, as well as land enrolled under certain federal conservation programs, will clearly remain under use value.
Besides this definitional concern, the bill's filing requirements are unnecessary, inefficient and counterproductive. Under the bill, if any farmer fails to file a form specifying the parcels included in the farm by March 1st, the land loses use value assessment. This will occur even if the land has been in agricultural use for many years and there is no doubt that the land is farmland. If a form is not filed, the bill demands that the land be revalued. Since the reclassification of the land may be reversed through appeal, this extra work load can be a waste of time and effort. Finally, the requirement that a form be filed when land is no longer eligible for use value is unneeded because assessors will be, in virtually all cases, already aware of changes related to the use of the land.
Because of my vetoes, farmers will not need to take any action, or file any form, to continue receiving use value benefits. There will be no need for tens of thousands of farmers to file forms that state the obvious and not a single acre of farmland will inadvertently lose its use value assessment because of improper definitions or bureaucratic requirements.
9. Annexation in Dane County
Section 151e
This section allows a city or village to annex certain town territory in Dane County by a two-thirds vote of the city or village's governing body until December 31, 2003.
I am vetoing this section because better means are available to improve consolidation and cooperation among localities. This provision is targeted at one municipality, the town of Madison, and provides no voice to the residents of the territory that would be annexed. Instead of this piecemeal and involuntary approach, a more comprehensive and positive solution to municipal fragmentation is needed. Fortunately, the bill includes such an approach. The consolidation incentive program created by the bill provides localities with a significant stimulus to seek win-win arrangements. It applies to not only the consolidation of services, but to the consolidation of municipalities as well. While I fervently encourage our local governments to increase cooperative efforts, I will not allow one locality to force its will upon another. Instead, I will promote the use of the new consolidation incentive program and request the Task Force on State and Local Government to examine how win-win consolidations may be better facilitated by the state.
10. Local Subdivision Regulation
Section 367e
This section allows a municipality to require, as a condition for approval of a land division, the dedication of land or the payment of fees for the construction of public facilities.
I am vetoing this section because such sweeping authority demands further examination before being implemented. Although state law includes distinct criteria, including a needs assessment, for determining the appropriateness of impact fees, this provision allows subdivision fees to be imposed for a broad scope of purposes. It also allows subdivision fees to be imposed when impact fees are prohibited. To examine these conflicts and concerns, I request the Task Force on State and Local Government to review subdivision regulations. This review will help Wisconsin balance the need for revenues to serve newly developed areas with the need to preserve and promote economic growth.
__________________
Communications
State of Wisconsin
Office of the Secretary of State
Madison
To Whom It May Concern:
Acts, Joint Resolutions and Resolutions deposited in this office have been numbered and published as follows:
Bill Number Act Number Publication Date
SS JR2 AB 1 109July 29, 2002
Sincerely,
Douglas La Follette
Secretary of State