This provision would allow the Joint Committee on Finance to determine what constitutes an eligible administrative expense in regard to the management of fish and wildlife resources in the state.
I am vetoing this provision because I object to legislative interference in executive branch functions. Moreover, federal auditing processes are already in place to ensure that the Department of Natural Resources does not misuse fish and wildlife fee revenues for its administrative functions.
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74.
Commercial Fishing Suspended License
Section 1184m
This section authorizes a commercial fishing license holder to retain a license without conducting any commercial fishing operations in Green Bay for one period of up to seven years. The section also exempts a commercial fishing license holder from the minimum catch requirements during the seven-year period.
I am vetoing this section because it infringes on the Department of Natural Resources' and the Natural Resources Board's authority to protect and manage the fisheries of the state for the benefit of all residents and visitors. The department and the board are working to address the concerns of commercial fishing license holders and the declining fish populations in Green Bay and other Great Lakes waters. I request the department and the Natural Resources Board to continue working with the commercial fishing license holders and other users of these resources on this issue.
75.
Fish Ladder Exemption
Sections 1340r and 1345c
These sections prohibit the Department of Natural Resources from requiring the city of Jefferson to include a fish passage as part of a dam safety project and require the department to provide the city with a grant for the dam safety project.
I am vetoing these sections because they set an undesirable precedent by providing assistance to a project that does not comply with requirements established to protect Wisconsin's aquatic resources. I am requesting the department to continue working with the city of Jefferson to address this issue.
76.
Sturgeon Fishing Season Limit
Sections 1197g, 1197h and 9437 (4v)
These sections specify that a license for sturgeon spearing may not be issued beginning October 1 and ending on the last day of the open season for the spearing of rock or lake sturgeon except to a person who is a Wisconsin resident who turns fourteen-years-old during that period or a state resident serving in the U.S. armed forces.
I am vetoing these sections because this is a policy issue that should be addressed by the Natural Resources Board during its public hearing process.
77.
University of Wisconsin-Stevens Point Bear Biologist
These provisions provide $24,000 in each fiscal year for an additional position at the University of Wisconsin-Stevens Point. The provisions also require the board of regents to ensure that the position focuses on bear hunting research and data collection. Although there is no language authorizing the position increase, the purpose of this funding was included in a Joint Committee on Finance amendment to the bill.
By lining out the appropriations and writing in smaller amounts that delete $24,000 in each fiscal year, I am vetoing the parts of the bill which fund this position. I am also vetoing section 1351zf to remove the requirement that the position focuses on bear hunting research. I object to having the Legislature define specific job description responsibilities in statute. Agencies need to retain the flexibility to prepare and modify job descriptions without obtaining legislative approval. However, in light of the interest in this area, I request that the board of regents consider addressing this issue within existing resources. In addition, I am requesting the Department of Administration secretary not to allot these funds.
78.
Group Deer Hunting
Sections 1171gb, 1171gd, 1171gf and 1171gh
These sections allow bow hunters to group hunt for antlerless deer after the close of the regular gun deer season.
I am vetoing these sections because the extension of group deer hunting privileges to bow hunters is unnecessary. Bow hunting for deer is traditionally a solitary pursuit. To improve chances of harvesting a deer, bow hunters reduce the number of factors that may alert a deer to their presence, including wearing camouflaged clothing and hunting individually. These factors make group bow hunting for deer unnecessary and a safety concern.
79.
Outdoor Wildlife Heritage Fund
These provisions create an outdoor wildlife heritage trust fund to receive gifts, grants, bequests or other contributions. Monies deposited in the fund may be expended for activities and programs listed in Chapter
29, Wisconsin Statutes.
I am vetoing these provisions because creating a separate fund for these monies is unnecessary. Donations may currently be made to the Department of Natural Resources exclusively for these programs and activities and are accounted for separately.
80.
New Positions
Section 395 [as it relates to s.
20.370 (4) (aq) and
(9) (mu)] provides $70,000 SEG in fiscal year 2001-02 and $87,000 SEG in fiscal year 2002-03 for an additional 2.0 FTE SEG positions in the Department of Natural Resources. The positions consist of 1.0 FTE SEG position for a Wisconsin River coordinator and 1.0 FTE SEG program assistant position for the Medford ranger station.
Although there is no language in the budget bill that authorizes these increases, the purposes of this funding were included in Joint Committee on Finance and Senate amendments to the bill.
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By lining out the Department of Natural Resources' appropriations and writing in smaller amounts that delete the following amounts from s.
20.370 (4) (aq), $46,000 SEG in fiscal year 2001-02 and $55,000 SEG in fiscal year 2002-03 and s.
20.370 (9) (mu), $24,000 SEG in fiscal year 2001-02 and $32,000 SEG in fiscal year 2002-03, provided for these purposes, I am vetoing the parts of the bill which fund these 2.0 FTE SEG positions. I object to having the Legislature manage agency programs and reduce departmental flexibility by directing the allocation of staff. I am requesting the Department of Administration secretary not to allot the funds and not to authorize the 2.0 FTE SEG positions.
81.
Geographic Management Requirements
Sections 1042g and 1042i
Section 1042g requires the Department of Natural Resources to include the LaCrosse-Bad Axe Watershed and the Kickapoo River Watershed in the same management unit if the state is divided for management purposes. In addition, section 1042i requires the department to include Crawford and Vernon counties in the region that covers the west central part of the state for management functions.
I am vetoing this provision because it is unnecessary. The sections infringe on executive branch authority to manage department resources.
82.
On-line Bidding for the Automated License Issuance System
Section 1158m
This section requires the Department of Natural Resources to post specifications for the operation of an automated license issuance system on an Internet site maintained by the Department of Agriculture, Trade and Consumer Protection. In addition, the section specifies that the Internet site provide a means for contractors to electronically post bids and view bids posted by other contractors.
I am vetoing this section because such a system would be difficult to maintain and the provision limits the Department of Natural Resources' flexibility in awarding the contract to the most qualified bidder.
83.
Tourism Funding
Section 1066y
This section prohibits the Department of Natural Resources from expending monies appropriated from the conservation fund to support a program or activity of the Department of Tourism.
I am vetoing this section because it unduly limits the Department of Natural Resources' ability to work in conjunction with another state agency to promote Wisconsin's natural resources and recreational opportunities.
84.
Privatization of Geographic Information Systems Study
Section 9132 (2z)
This section requests the Joint Legislative Audit Committee to direct the Legislative Audit Bureau to perform a performance evaluation audit of geographic information systems mapping services provided by the Department of Natural Resources. The audit must analyze the degree to which the department's services compete with private mapping services and the cost-effectiveness of the services provided by both the department and private businesses.
I am vetoing this section because it is unnecessary. The Joint Legislative Audit Committee has the authority to decide which audits are appropriate. Also, such a study should include the geographic information systems services offered by all state agencies. I request the Department of Electronic Government to review geographic information systems services offered by state agencies and their cost-effectiveness.
85.
Administrative Funding Report
Section 9137 (4y)
This section requires the Department of Natural Resources to prepare a report for the Joint Committee on Finance by March 1, 2002, that explains the department's reasoning for distributing administrative costs among the department's programs and how the method is viewed as being equitable. In addition, the report is to propose alternatives to the distribution process that the department believes may result in a more equitable distribution of administrative costs.
I am vetoing this section because a formal report is unnecessary. However, I am requesting the department to continue to review its methodology and to share this information with interested parties.
Board of Commissioners of Public Lands
86.
Land Purchase
Sections 1039b, 1088e, 1088m and 1088r
These sections allow the Board of Commissioners of Public Lands to purchase land in the state and require the board to submit a request to the Joint Committee on Finance for approval of any proposed land purchase under a 14-day passive review process. If the committee takes no action during this 14-day passive review, the board may purchase the land. If the committee does schedule a meeting, the land may be purchased only upon its approval.
These provisions restrict a land purchase by the board to no more than 10,000 acres of land in any five-year period. Within five years of a land purchase by the board, the Department of Natural Resources may offer to exchange land under its jurisdiction for the land purchased by the board or the department must pay the board for the land and the board must transfer jurisdiction over the land to the department.
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Under these provisions, land exchange transactions between the board and the department would be exempt from current law provisions requiring the Natural Resources Board to make a finding that the department lands are no longer needed for conservation purposes before they may be transferred. The provisions would also exempt any land transaction related to the Board of Commissioners of Public Lands' land purchases from current law provisions requiring the Governor's review and approval of Department of Natural Resources' land transactions.
I am vetoing these sections entirely for three reasons. First, the provisions do not limit Board of Commissioners of Public Lands to the one-time acquisition of the Wisconsin Public Service Corporation land in Marinette County. Instead, the board is granted continuing authority to acquire lands associated with any hydroelectric project. I object to including this major expansion of the authority and responsibility of the board in the budget. Such an expansion should be deliberately considered as separate legislation. Second, as this is an ongoing authority, the provisions put an excessive burden on the Department of Natural Resources. Although the Warren Knowles-Gaylord Nelson Stewardship 2000 Program currently provides adequate funds for land purchases, it is unknown if funding will always be available to meet the department's obligations under these provisions. Forced or untimely acquisition could adversely affect the department's ability to protect lands around the state. Third, this purchase may have significant fiscal implications for the trust funds managed by the Board of Commissioners of Public Lands. These fiscal implications could include a reduction in library aids supported by the common school fund of at least $1,000,000 annually.
I recognize that preserving the Wisconsin Public Service Corporation land in Marinette County for public recreation and natural resources protection is important to residents and visitors to the state. This budget bill contains a significant increase in funding for the Stewardship 2000 Program. Therefore, I am requesting the Department of Natural Resources to work to ensure that this land is preserved and protected for the state of Wisconsin through use of the Stewardship 2000 Program.
STATE FAIR PARK BOARD
87.
Board Membership
Sections 183h and 183i
These sections remove the June 30, 2003, sunset date for legislative membership on the State Fair Park Board.
I am vetoing these sections because the sunset date was agreed to as part of the State Fair Park master plan building program. The program is proceeding on schedule, and there is no need to mandate continued legislative membership on the board.
Current law requires board members to have particular affiliations with business, agriculture, tourism and the city of West Allis but allows the appointment of one nonaffiliated member. I am willing to consider appointing two members of the Legislature to the board in the event that two additional nonaffiliated seats are added to the board.
TOURISM
88.
Tourism Earmarks
Sections 629n, 630 [as it relates to s.
41.11 (7)], 1400q and 9151 (1mk)
Sections 629n and 9151 (1mk) allocate $35,000 in fiscal year 2001-02 for a grant to the New Berlin Historical Society for costs related to moving the historic Youmans home. Sections 630 [as it relates to s.
41.11 (7)] and 1400q allocate $20,000 annually on an ongoing basis for a grant to the Wild Rivers Interpretive Center for costs related to the distribution of state tourism materials.
I am vetoing sections 629n, 1400q and 9151 (1mk) and partially vetoing section 630 [as it relates to s.
41.11 (7)] because these sections are inconsistent with the primary focus of the tourism marketing program and limit the Department of Tourism's flexibility in promoting Wisconsin tourism.
89.
Kickapoo Valley Reserve Report
Sections 1263h and 1404f
These sections require the Kickapoo Valley Reserve Board and the Lower Wisconsin State Riverway Board to submit a joint report to the Building Commission and the Joint Committee on Finance. The report must include recommendations on how revenue may be generated to cover the operational costs of the boards. The report must also include a resubmission of plans for building facilities.
I am vetoing these sections because they are unnecessary. The Kickapoo Valley Reserve Board has already developed plans for a visitor center, funding for which is provided in this budget. The Lower Wisconsin State Riverway Board has no immediate plans for a visitor center. Furthermore, the Kickapoo Valley Reserve Board is already working to enhance user fee revenue. Also, the Lower Wisconsin State Riverway Board is primarily a regulatory board with oversight over timber harvesting and the development of land along the Lower Wisconsin River. The Lower Wisconsin State Riverway Board does not manage wildlife areas or camping sites in the riverway and, therefore, has no opportunity to collect user fees. Finally, federal regulations restrict the use of hunting and fishing license revenue. Funding either of these boards with license revenue would result in the loss of federal revenues.
90.
State Historical Society Promotions
Sections 1400n and 1400r
These sections require the Department of Tourism to advertise historic sites and state parks and allow the State Historical Society to use program revenue funds to meet joint effort marketing grant program match requirements. The department's administrative rules currently prohibit the use of state funds to meet match requirements.
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I am vetoing section 1400n because it is unnecessary. The department already advertises historic sites and state parks. Imposing a requirement would limit the department's flexibility in promoting Wisconsin tourism. In addition, I am vetoing section 1400r because it undermines the purpose of the joint effort marketing program which is to pair state funds with private funds and, thereby, allow public funds to promote the maximum number of attractions.
TRANSPORTATION
91.
Administrative Appropriation Reductions
Section 9152 (2cd)
This section requires the Department of Transportation to submit a plan to the Joint Committee on Finance that allocates reductions of $3,530,800 in fiscal year 2001-02 among the department's SEG, SEG-S, PR and PR-S appropriations to reflect credits to the department's appropriations made by the Department of Employee Trust Funds to implement a provision of
1999 Wisconsin Act 11, less any amounts lapsed in fiscal year 2000-01 as a result of credits made in that year. In addition, the department's submission to Joint Committee on Finance is to include a plan for lapsing $800,000 annually from the department's 2001-03 appropriations for departmental management and operations, highway administration and planning, the delivery cost portion of other highway appropriations, the Division of Motor Vehicles, and the Division of State Patrol. The department may not implement the plan until it is approved by Joint Committee on Finance as submitted or as modified.
I am partially vetoing this section to request that the plan be submitted to the Department of Administration secretary for approval rather than the Joint Committee on Finance to eliminate the need for additional legislative oversight. Upon approval of the plan, I am requesting the Department of Administration secretary to lapse the savings from identified reductions to the transportation fund.
92.
General Transportation Aid Distribution
Sections 632m, 632n, 2345m, 2345n, 9159 (3q) and 9452 (10q)
Sections 2345m and 2345n suspend the general transportation aids distribution formula for aid distributed in calendar year 2002 and calendar year 2003. In addition, sections 632m, 632n, 9159 (3q) and 9452 (10q) require the Department of Transportation to pay $8,420.92 to the city of La Crosse as partial reimbursement for a penalty that was assessed against the city for tardy filing of its 1999 annual report.
I am vetoing sections 2345m and 2345n because suspending the general transportation aids distribution formula continues to penalize some local governments due to previous penalties or changes in reported costs.
In addition, I am vetoing the provision requiring the department to reimburse the city of La Crosse for a penalty that was assessed against the city. This requirement is unnecessary since the department has already made payment for the claim as required in a ruling by the State Claims Board. The effect of this veto will be to reduce expenditures in the sum sufficient appropriation under s.
20.395 (1) (ar) by $8,400 SEG in fiscal year 2001-02. I am requesting the Department of Administration secretary to reestimate expenditures by this amount.
93.
Mass Transit Aid Overpayments