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
Section 9152 (3mp)
This section waives the repayment of overpayments for state transit operating aids previously distributed by the Department of Transportation to the city of Rhinelander.
I am vetoing this section because I object to the precedent it sets for other recipients to avoid repaying excess state transit aid received. This would lead to a drain on transportation revenues and the unfair distribution of transit aids among communities.
94.
Aviation Career Education Program
These sections provide $25,000 SEG in each of fiscal years 2001-02 and 2002-03 in appropriation s.
20.395 (2) (ds) for the administration of the Aviation Career Education program. In addition, the sections require the Department of Transportation to offer the program in the city of Green Bay if there are interested and eligible applicants in the city.
While I strongly support the Aviation Career Education program, I am vetoing additional expenditure authority because this use of taxpayer dollars is unwarranted during this period of tight transportation revenues. Therefore, I am partially vetoing section 395 [as it relates to s.
20.395 (2) (ds)] by writing down the allotted amounts by $25,000 SEG in each of fiscal years 2001-02 and 2002-03, and I am requesting the Department of Administration secretary to not allot these funds to this appropriation. The effect of this veto will be to reduce expenditures in the Department of Transportation's appropriation under s.
20.395 (2) (ds) by $25,000 SEG in each of fiscal years 2001-02 and 2002-03. In addition, I am vetoing section 2615x because it is not necessary. Applicants may already petition the department to expand the program to include the city of Green Bay if there are interested and eligible applicants in the city.
95.
Expressway Policing Aids
This section provides $94,600 SEG in the 2001-03 biennium for expressway policing aid to Milwaukee County.
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I am vetoing this provision because the allocation of these aids is not based on the cost to administer the program. Therefore, I am requesting the Department of Transportation to review current policies related to allocating funds for expressway policing aids and to find an equitable means of relating program expenses with the aid amounts. In addition, I am requesting the Department of Administration secretary to place $31,200 SEG in fiscal year 2001-02 and $63,400 SEG in fiscal year 2002-03 into unallotted reserve in the Department of Transportation's appropriation under s.
20.395 (1) (gq) to lapse to the transportation fund.
96.
Local Road Improvement Program
Sections 649m, 2346m, 9152 (4x) and 9152 (4z)
Section 2346m requires the Department of Transportation to give priority to town road improvements that have been requested due to damage as a result of heavy motor truck loads. In addition, section 9152 (4x) requires the department to allocate $25,000 SEG in the 2001-03 biennium to the town of Menasha for construction of a recreational trail and section 9152 (4z) allocates $609,000 SEG to the village of Pleasant Prairie for street improvements before making any other allocations of funds under the Local Road Improvement Program.
I am vetoing section 2346m because this provision is arbitrary and should be addressed through separate legislation. In addition, I am vetoing sections 9152 (4x) and 9152 (4z) because these provisions circumvent the required approval process for allocating funds under this program and construction of a recreational trail should not be an allowable use of these funds.
97.
Unofficial Detour Claims
Sections 2308m and 9352 (1f)
These sections require the Department of Transportation to pay claims submitted by local governments for damage to any gravel road that the department determines was caused by the road's use as an unofficial detour around a state trunk highway construction project. This provision also includes what information is to be included on the claim by the local government and a list of specific factors that the department must consider when evaluating such claims.
I am vetoing this provision since it places an unnecessary burden on the department's administrative staff and the transportation fund. This provision would be a burden because it would be difficult for the department to determine which road motorists may use as unofficial detour routes.
98.
Transportation Economic Assistance Program
Sections 2308h and 9152 (4v)
Section 2308h requires the Department of Transportation to give priority to funding applications under the Transportation Economic Assistance program for applicants that have expressed a willingness to accept a loan for all or part of the state share of the project. In addition, this section prohibits the department from allocating more than 80 percent of the total amount of state funds and loan repayments appropriated to the program for making grants. Section 9152 (4v) requires the department to waive a requirement for a local match and award a grant of $410,000 in January 2002 to Brown County, the city of Green Bay and the village of Ashwaubenon for reconstruction of a local road.
I am vetoing section 2308h because it places an unnecessary financial burden upon the department and any applicants requesting state assistance under the Transportation Economic Assistance program. In addition, I am vetoing section 9152 (4v) because it circumvents the approval process for projects funded by the Transportation Economic Assistance program and results in the inequitable distribution of program funds.
99.
Transportation Enhancements Projects
Sections 9152 (4c) and 9152 (4nk)
Section 9152 (4c) requires the Department of Transportation to award a grant from federal enhancement funds to the city of Wausau for the City Square Park Pedestrian Pathway project if the city contributes at least twenty percent of the project's cost. In addition, Section 9152 (4nk) requires the department to award a grant for the Clayton Pedestrian Facility if the town of Clayton contributes at least fifteen percent to the project's cost.
I am vetoing these sections because they undermine the department's authority to award grants under the federal transportation enhancements program. In addition, approval of these projects will delay completion of other projects that are eligible to receive funding.
100.
Roadway Improvements in the City of Ladysmith
Sections 654p, 654r, 9152 (3d) and 9152 (5g)
Section 9152 (3d) allocates $200,000 from the SEG-funded highway and local bridge assistance appropriation to fund a local road project in the city of Ladysmith if the city contributes an amount equal to at least twenty percent of the project's cost. In addition, the other sections allocate $480,000 from state and federal funds provided for railroad crossing improvement and protection projects to construct an underpass under the railroad tracks in the city of Ladysmith.
I am vetoing these sections because they are unnecessary. The provisions circumvent established policies, processes and eligibility requirements for funding local road projects and may impair the safety of other railroad crossings by reallocating funds from other high priority railroad crossing projects.
101.
Passenger Rail Restrictions
Section 2311g
This section prohibits the use of bond proceeds authorized for passenger rail improvements between Milwaukee and Green Bay or Milwaukee and Madison or for passenger rail station improvements on any project unless state funds are limited to twenty percent of the project's cost and Amtrak or another applicable railroad has agreed to provide passenger rail service along these routes.
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I am vetoing this section because it may adversely influence Wisconsin's ability to fully utilize federal funds for passenger rail development in this state and the Legislature already has oversight of passenger rail expenditures. This veto maintains the requirement that the Department of Transportation receive approval from the Joint Committee on Finance before using authorized bond proceeds along specified passenger rail routes.
102.
Safety Contracts
Sections 2340t and 9352 (3y)
These sections require the Department of Transportation to receive approval from the Joint Committee on Finance before entering any contract relating to alcohol or traffic enforcement activities that are funded with federal transportation safety funds.
I am vetoing these sections because they create an unnecessary administrative burden upon the department that may delay the approval and implementation of safety-oriented programs.
103.
Federal Highway Formula Aid
Section 2305m
Section 2305m requires the Department of Transportation secretary to submit a plan for approval to the Joint Committee on Finance if the department's most recent estimate of federal highway funds the department will receive are three percent more or less than amounts provided in the schedule for appropriations under s.
20.395 for that fiscal year.
I am vetoing this provision because it is unnecessary. Current law requires the department to submit a plan to the Joint Committee on Finance if the amount of federal funds received is five percent more or less than what was provided in the schedule for appropriations under s.
20.395.
104.
Major Highway Program
Sections 108o, 2297 and 2309
Section 108o requires the Department of Transportation to provide a life-cycle cost statement for each proposed major highway development project presented to the Transportation Projects Commission for consideration for enumeration. Sections 2297 and 2309 would limit the amount of revenue bond proceeds used in the major highway program to a maximum of 55 percent over any three consecutive fiscal years.
I am vetoing section 108o because life-cycle costs for highway projects are difficult to project and the existing major highway project approval process ensures projects are only recommended for enumeration if warranted. Furthermore, I am vetoing sections 2297 and 2309 since these provisions unnecessarily limit the department's flexibility in funding major highway construction projects.
105.
Long-Range Surface Transportation Investment Planning Committee
Section 9152 (3b)
This section creates a Long-Range Surface Transportation Investment Planning Committee that will gather information relating to state and local needs for surface transportation planning, involve the participation of relevant groups, assess the long-range funding needs for surface transportation programs, develop a multiprogram state surface transportation investment plan, and prepare a report containing the committee's evaluation, findings and recommendations. Members of the committee are to be nominated by the Assembly speaker and Senate majority leader and appointed by the Governor from specified transportation related groups.
