While funding for the Lincoln Park Center was included in my budget, I object to removing the requirement that the M7 Development Corporation obtain matching financing from the city of Milwaukee.
17.
Wisconsin Development Fund Earmarks
Sections 438m [as it relates to the grant to the Clearwater Lake Distilling Company and the allocation to the Menominee Tribe] and 9110 (10eg)
These provisions earmark or require funding from the Wisconsin development fund for an economic development project for the Menominee Tribe and for a grant to the Clearwater Lake Distilling Company for a project that uses potato waste in vodka distillation.
I am partially vetoing section 438m and vetoing section 9110 (10eg) because they are inconsistent with the primary focus of the Wisconsin development fund, compromise the award selection process and limit the Department of Commerce in its efforts to create and retain jobs in Wisconsin. Local communities, organizations, businesses and individuals associated with the identified programs can continue to compete for funding through the wide array of economic development assistance offered by the department.
18.
Minority Business Finance Program Earmark
Section 439c
This section requires funding from the Minority Business Finance program for grants to the Multicultural Center of Greater Green Bay for programming to educate community businesses and nonprofit organizations in recruiting and retaining a multicultural work force.
I am vetoing this section because it compromises the award selection process and limits the Department of Commerce in its efforts to promote minority business development in Wisconsin. I support minority business development in the state and feel that all minority businesses should have equal chance to receive funding. Local communities, organizations, businesses and individuals associated with the identified program can continue to compete for funding through the wide array of economic development and minority business assistance offered by the department.
19.
Community-Based Economic Development Earmarks
Sections 439, 9110 (8x) and 9110 (8y)
These sections earmark funding from the Community-Based Economic Development Program for Gateway Technical College for costs related to a consortium for a manufacturing training center and for CAP Services, Inc., to provide technical assistance and management services to small businesses.
I am vetoing these sections because they compromise the award selection process and limit the Department of Commerce in its efforts to promote economic development in Wisconsin. Furthermore, the department already provides training programs and technical and managerial assistance to small businesses. Local communities, organizations, businesses and individuals associated with the identified programs can continue to compete for funding through the wide array of economic development assistance offered by the department.
20.
Grant to Westby Fire Department
Section 9110 (10d)
This section requires the Department of Commerce to make a Community Development Block Grant to the Westby Fire Department for costs related to the purchase of a new fire engine and the construction of a new fire station. The grant is to be made only in the event that the Federal Emergency Management Agency does not make a fire grant to the fire department.
I am vetoing this section because it is inconsistent with federal rules and regulations concerning the awarding of Community Development Block Grant funding. The state receives funding from the federal government based on a set of goals and objectives. Applications are then solicited from municipalities and awarded based on a competitive scoring process that must conform to federal regulations. Earmarking funds from this program is inconsistent with federal law and risks the loss of federal funding.
21.
International Division Audit
Section 9132 (5q)
This section requests the Joint Legislative Audit Committee to direct the Legislative Audit Bureau to perform a financial and performance evaluation audit of the Department of Commerce's Division of International and Export Services.
S305
I am vetoing this section because it is unnecessary. The division and its overseas offices have been regularly evaluated by independent consultants. Furthermore, the division is subject to periodic financial audits by the Legislative Audit Bureau, as are other agencies.
22.
Office of Economic Strategy Report
Section 9110 (8z)
This section requires the Department of Commerce to submit a report to the Legislature concerning a plan to create an Office of Economic Strategy. The office would be responsible for coordinating all state government efforts and activities related to economic development.
I am vetoing this provision because it creates an unnecessary burden on the department. Furthermore, the department is already charged with the responsibility to foster the growth and diversification of the economy of the state and to serve as the central agency and clearinghouse for economic development activities.
23.
Fire Suppression Grant Program
Section 3664m
This section creates a fire suppression grant program in the Department of Commerce. Under the program, the department may award up to $250,000 from Community Development Block Grant funds annually to first-responder fire departments that serve areas with populations under 6,000. The grants may be used for equipment and training materials.
I am vetoing this provision because it is unnecessary. The department is currently authorized to make such grants to fire departments under the Community Development Block Grant program. Most awards already go to areas with populations under 6,000. Imposing additional population and funding restrictions unnecessarily reduces administrative flexibility.
24.
Certified Capital Companies Administration Lapse
Section 442g
This section lapses the unencumbered balance in the certified capital companies administration appropriation to the general fund at the end of each fiscal year. Funds in the appropriation derive from fees charged to certified capital companies for administration of the program.
I am vetoing this section because the fees have been collected for the purpose of administering the certified capital companies program, and the proposed transfer would limit the resources available for this purpose.
25.
Certification of Crane Operators
Sections 2447x, 2490b, 2490f, 9110 (9q), 9110 (9qq), 9110 (9qr), 9310 (2q) and 9410 (2q)
These sections prohibit the operation of cranes over fifteen tons without a valid operator certificate and require the Department of Commerce to certify private crane operator certification programs. The sections include exceptions for training, the uniformed services, personal use, emergencies and public utilities. The requirements do not apply where they are inconsistent with a collective bargaining agreement. Operation of a crane without a certificate is punishable by a $500 fine or up to three months imprisonment.
I am vetoing these sections because they are unnecessary. Crane operators are subject to regulation by the federal Occupational Safety and Health Administration. Costly and duplicative state training requirements would not improve safety. Furthermore, the regulation has the potential to increase construction costs and reduce employment opportunities in the construction trades by prohibiting otherwise properly trained and qualified tradespersons from operating crane equipment.
26.
Fire Dues Distribution
Sections 2490r, 2495m and 2497m
These sections prohibit the Department of Commerce from withholding fire dues payments from a municipality because of the municipality's failure to meet eligibility requirements. The prohibition will be removed after the department promulgates rules modifying the eligibility requirements. The rules must be approved by the Joint Legislative Audit Committee and must be based on the recommendations of a forthcoming Legislative Audit Bureau performance evaluation of the fire dues program.
I am vetoing these sections because they are unnecessary. The department has been examining the fire dues distribution program independently and is able to promulgate necessary rule changes without a formal requirement to do so. The ability to withhold fire dues payments is required for the department to oversee the fire safety efforts of municipalities.
27.
Storage and Handling of Ammonia
Section 2449d [as it relates to pollution control devices]
This provision exempts facilities where ammonia is used in pollution control devices from the Department of Commerce's rules regarding the safe storage and handling of ammonia.
I am vetoing this provision because these facilities often store large quantities of ammonia. Exempting them from regulation would create an excessive safety hazard.
28.
Milwaukee Development Opportunity Zone
Sections 2146, 2147p, 2177, 2178p, 2191 and 2192p [as they relate to the use of credits to offset the income from partnerships', companies' or corporations' business operations or directly related business operations]
These provisions limit partners, members of limited liability companies and shareholders of tax-option corporations to using the tax credits available in the Milwaukee Development Opportunity Zone to offset taxes attributable to their income from all of the partnership's, company's or corporation's business operations or directly related business operations.
S306
I am vetoing these provisions to allow partners, members of limited liability companies and shareholders to use the affected tax credits to offset all of their income. This change removes an unintended limitation on the use of the tax credits and is in keeping with the original intent of the Milwaukee Development Opportunity Zone.
LAND USE
29.
Land Information Board and Land Council Changes
Sections 163, 164, 165, 166, 167, 200b, 201c, 1999n, 2001n, 4039b, 4041b [as it relates to the effective date], 4059b, 4059g and 9459 (5r)
These provisions add members to the Wisconsin Land Council, extend the deadline for submission of a report concerning the continuation and combination of the council and the Land Information Board, and extend the sunset of both the council and the board to September 1, 2007.
I am vetoing these provisions because I object to the extension of the report deadline. The report was required in
1997 Wisconsin Act 27, and the council and board have sufficient time to begin and complete the required report by September 1, 2002. I object to the addition of three members to the council and the extension of the sunset for both the council and the board prior to receipt of the required report. After reviewing the report, I will consider the future of the council and board.
30.
Wisconsin Land Information System
Sections 342m, 342n, 343r and 4041b [as it relates to s.
16.966 (5)]
These provisions require the Land Information Board to promulgate rules to create and maintain a land information system and require the Department of Administration to contract for operation and maintenance of such a system.
I am vetoing these provisions because they put an administrative burden on the Land Information Board and infringe on executive branch authority to manage programs. Under this budget bill, the staff provided to the Land Information Board is reduced by 2.0 FTE PR positions. In addition, the board and the Wisconsin Land Council are required to submit, no later than September 1, 2002, a report concerning the issue of continuation and the feasibility of combination of their function.
31.
Release of Smart Growth Data
Section 9101 (19b)
This section requires the Department of Administration to make the initial release of state land information submitted to the Land Information Board by May 31, 2002.
I am vetoing this section because the deadline is unrealistic. The board would receive the information by March 31, 2002, and the department would not be able to prepare the information for release until the board has determined how the information should be integrated and presented to the public. In addition, the budget bill reduces funding and positions allocated to the Land Information Board. I am requesting that the board and the department strive to make this information available in a reasonable timeframe.
32.
Comprehensive Planning Grants
Sections 332 [as it relates to establishing a deadline and opening applications to public inspection] and 395 [as it relates to s.
20.505 (1) (cm)]
These provisions increase funding to the Department of Administration for comprehensive planning grants by $157,900 GPR annually. The provisions also require the department to establish a deadline for receipt of applications and to open all applications received by the department to public inspection after the deadline.
I am vetoing these provisions because they increase expenditure authority for this appropriation at a time when the state is experiencing significant financial constraints. Furthermore, I object to legislative interference in the way the department currently conducts the application process.
The effect of this veto will be to delete the provisions allocating additional funding to the department for comprehensive planning grants and establishing further administrative requirements. Although there is no language in the budget bill that authorizes the funding increase, the purpose of this funding was included in the Conference Committee amendment to the bill. By lining out the Department of Administration's s.
20.505 (1) (cm) appropriation and writing in a smaller amount that deletes $157,900 GPR provided for this purpose annually, I am vetoing that part of the bill which funds the increase to comprehensive planning grants. Furthermore, I am requesting the Department of Administration secretary not to allot these funds.
33.
Property Development Rights
Sections 3862w and 9309 (5z)
These provisions allow the seller of property development rights lasting longer than thirty years to bring an action to recover the difference in the sale price of the property development rights and value of those rights.
Retaining and protecting Wisconsin's agricultural, natural, recreational and open spaces has become a very important issue in recent years. The purchase of property development rights is a voluntary agreement that places deed restrictions on a property to ensure that the parcel will remain agricultural or open space. I am vetoing these provisions because of the potential dampening effect they could have on the purchase of property development rights, especially by nonprofit organizations and local units of government.
34.
Dane County Regional Planning Commission Sunset
Section 4046s
This section repeals the October 1, 2002, sunset date of the Dane County Regional Planning Commission as established by
1999 Wisconsin Act 9.
S307
I am vetoing this section because I object to the repeal of the sunset prior to receipt of the task force report required by
1999 Wisconsin Act 9. The task force is to study and make recommendations regarding the creation of a multicounty regional planning commission. I will review the continuation or modification of the Dane County Regional Planning Commission after receiving that report.
NATURAL RESOURCES
35.
Creation of a Department of Forestry
Sections 1bg, 1br, 99m, 178f, 179t, 183m, 343p, 394 [as it relates to s.
20.375], 395 [as it relates to ss.
20.370 (1) (mv) and
(mx) and
20.375], 425c, 458m, 582i, 582j, 584d, 584h, 584p, 584t, 585gm, 585hm, 585im, 589g, 591m, 591q, 591r, 591s, 600p, 603i, 603m, 603p, 603rd, 603rf, 603rk, 603rn, 603rp, 603rs, 603rw, 603ub, 603x, 604m, 608e, 608m, 608s, 621b, 621hc, 621hL, 621hx, 629db, 629dj, 629dk, 629dL, 629dm, 629dn, 629do, 629dom, 629dp, 629dq, 629ds, 629dsm, 629dt, 629dy, 629dz, 629dzb, 629dzd, 629dzi, 629fb, 629fd, 629fg, 629fj, 629fm, 632g, 753m, 759p, 962b, 969eg, 988m, 1034fb, 1034fd, 1034fg, 1034fh, 1034fj, 1034fk, 1034fL, 1034fn, 1034fp, 1034fq, 1034fr, 1034fs, 1034ft, 1034fu, 1034fv, 1034fw, 1034fx, 1034fyr, 1034hm, 1034r, 1036b, 1036bb, 1036bd, 1036be, 1036bf, 1036bg, 1036bm, 1036br, 1036bv, 1036f, 1036x, 1036yi, 1036yj, 1036yk, 1036yL, 1036ym, 1036yn, 1036yp, 1037m, 1038bb, 1038bd, 1038be, 1038bg, 1038bi, 1038bk, 1038bm, 1038bp, 1038br, 1038dc, 1038dm, 1038p, 1038qc, 1038sam, 1038sb, 1038sc, 1038sd, 1038se, 1038sf, 1038sg, 1038sh, 1038si, 1038sj, 1038sk, 1039aj, 1042kb, 1042kd, 1042kn, 1042kp, 1042kpm, 1042kr, 1042ks, 1042kt, 1042ku, 1042kv, 1046m, 1066am, 1066atg, 1066ati, 1066atv, 1066atz, 1066aui, 1066auk, 1067g, 1067r, 1107g, 1107r, 1113g, 1113r, 1119c, 1119g, 1119L, 1119p, 1119t, 1119x, 1146g, 1146r, 1146t, 1146u, 1147m, 1147r, 1148c, 1148f, 1148j, 1148r, 1149b, 1149c, 1149d, 1149e, 1149g, 1149h, 1149i, 1149j, 1149k, 1149L, 1149Lb, 1149Ld, 1149m [as it relates to distribution of seedling surcharge revenue], 1149md, 1149rx, 1153h, 1153ic, 1153iL, 1153iq, 1153ir, 1153is, 1153it, 1153Lb, 1153Lc, 1153Ld, 1153Le, 1153Lf, 1153Lg, 1153Lh, 1153Lj, 1153Lm, 1153Ln, 1153Lp, 1153Lq, 1153Ls, 1153Lt, 1153Lu, 1153nc, 1153np, 1153nx, 1153nxb, 1153nxc, 1153nxd, 1153nxf, 1153nxg, 1153nxh, 1153nxj, 1153nxk, 1153nxp, 1153nxq, 1153nxr, 1153pc, 1153pd, 1153pdg, 1153pdm, 1153pdr, 1153pdu, 1153pe, 1153ph, 1153phb, 1153phf, 1153phk, 1153php, 1153phs, 1153pm, 1153pr, 1153qc, 1153r, 1153rm, 1153sc, 1153t, 1153u, 1153v, 1153w, 1153x, 1153y, 1153yc, 1153yf, 1153yg, 1153yj, 1153ym, 1261r, 1266m, 1304g, 1304r, 1306m, 1319m, 1328m, 1346g, 1346r, 1387e, 1389r, 1398ym, 1405g, 1414g, 1993z, 2001nm, 2003mn, 2019g, 2019mn, 2020m, 2021g, 2021p, 2022tb, 2114gb, 2114gd, 2114ge, 2114gf, 2114gj, 2114gk, 2114gL, 2114gn, 2114gp, 2115m, 2195m, 2243b, 2243c, 2243d, 2243e, 2243f, 2243g, 2243h, 2243i, 2243j, 2243k, 2243L, 2243m, 2243n, 2243p, 2243q, 2243r, 2243s, 2243t, 2243u, 2243v, 2243w, 2243x, 2243y, 2243z, 2243zm, 2247c, 2247pg, 2247q, 2247r, 2247tg, 2247tj, 2247tk, 2247tm, 2247tn, 2247tp, 2247tr, 2247tt, 2247tu, 2294j, 2294m, 2294pm, 2304g, 2308p, 2308sc, 2349m, 2586r, 2672m, 2813m, 2854r, 2858no, 3035c, 3035g, 3035n, 3035r, 3035w, 3050g, 3050r, 3080m, 3081d, 3081t, 3389gm, 3390m, 3407w, 3408w, 3445c, 3445d, 3457m, 3483m, 3484m, 3485c, 3485g, 3485n, 3485r, 3485w, 3491d, 3491h, 3491p, 3491t, 3816p, 3866d, 3866h, 3866p, 3866t, 3984t, 4034yu, 9137 (5mk) [as it relates to s.
20.375 (2) (rq) and the Department of Forestry], 9137 (5vy) [as it relates to s.
20.375 (2) (w) and the Department of Forestry], 9137 (5x) [as it relates to s.
20.375 (2) (w) and the Department of Forestry], 9137 (5y) [as it relates to s.
20.375 (2) (w) and the Department of Forestry], 9137 (9zw), 9137 (9zy), 9437 (1z), 9437 (3mk) [as it relates to the July 1, 2002 date] and 9437 (3mkx) [as it relates to the treatment of s.
20.375 (2) (rq)]
These sections create a Department of Forestry from the Department of Natural Resources' current Division of Forestry, effective July 1, 2002. The new department would be responsible for six major state forests (Northern Highlands-American Legion, Flambeau River, Black River, Brule River, Governor Knowles and the Coulee Experimental forest) and some smaller forests. The Department of Forestry would also oversee several tree nurseries, local governmental and private forestry assistance, forest health, and fire management as well as grants, loans and payments to certain towns, counties and private forest owners. The "southern forests" (Point Beach, Havenwoods and five units of the Kettle Moraine State Forest) would continue to receive support from forestry revenues and would remain under the jurisdiction of the Department of Natural Resources Bureau of Parks for operations and maintenance.
S308
Prior to July 1, 2002, the Governor, with the advice and consent of the Senate, could appoint a secretary to head the new department, who could then appoint one unclassified division administrator, a deputy secretary and an executive assistant. The number of division administrators within the Department of Natural Resources would be reduced from seven to six. The operational budget of the Department of Forestry, excluding aids and debt service appropriations, would be over $54,100,000 and include 619 positions.
The Department of Forestry would consult and cooperate with other state agencies, especially the Department of Natural Resources. The two departments would confer on funding issues, the Warren Knowles-Gaylord Nelson Stewardship 2000 Program, grant awards, environmental clean-up activities, outdoor recreation policies, proposed laws that affect snowmobiles, approval of National Forest boundaries, leases and treaties with the federal government establishing state forests, the Natural Areas Preservation Council activities and in all other areas where the departments' interests and responsibilities overlap. Like other agencies, the Department of Forestry would be required to keep the Governor informed of its actions and activities, to obtain the Governor's approval before acquiring new lands and to meet set conditions for selling or trading public land.
The Department of Forestry would have the same powers as other state agencies to accept gifts, grants, bequests, devises or donations. The Department of Forestry would have the authority to extend or consolidate lands under its supervision, to grant or acquire easements to areas of state forests, to acquire land to furnish access to state forests, to determine the value of donated lands, to lease lands in state forests and to designate special use areas within state forests. Twice each year, the department would be required to inspect trail signs and designated features. The department would manage forestry fund support of wildlife management and habitat development, private and county forestry, urban land conservation, forest law, fire suppression, county forest administrator grants, and distribution of federal national forest income payments.
The department would pay aids in lieu of taxes for properties under its jurisdiction, as well as debt service, for the acquisition and development of state forests. A forestry land endowment fund would be created to parallel the Department of Natural Resources' natural resources endowment fund.
Responsibilities transferred from the Department of Natural Resources to the Department of Forestry would include gypsy moth eradication, plant protection, forestry education and grants to cooperatives, support of the Wisconsin Conservation Corps, forestry-related environment education grants, reforestation, forestry recording fees, forest fire emergencies and reimbursements related to timber sales contract oversight. The Department of Forestry would support the resource aids and debt service payments formerly provided by the forestry account of the conservation fund.
Under the provisions of the new department, state forest rangers would be classified as law enforcement officers and as such, would have additional general authority.
On July 1, 2002, the staff, assets, liabilities, obligations, rules and orders primarily associated with the Department of Forestry would vest in that agency, as determined by the secretary of the Department of Administration. All incumbent Department of Natural Resources employees relating primarily to the functions of the Division of Forestry would be transferred to the Department of Forestry. The secretary of the Department of Administration would also determine which incumbent Department of Natural Resources employees that relate primarily to general administration and program support would be transferred to the Department of Forestry. After determining these employees, the secretaries of the Department of Natural Resources and the Department of Forestry could submit a request to the Joint Committee on Finance to transfer monies between the departments' GPR, FED, PR and SEG appropriations to reflect the personnel transfer.
I am vetoing these provisions to retain forestry-related activities and programs in the Department of Natural Resources. I object to the duplication of effort and reduced accountability to the public for management of Wisconsin's abundant natural resources that would result from creation of a separate department. Forests are an important and integral part of Wisconsin's environment, history, culture and economy. In addition to providing valuable timber, Wisconsin's forests also support wildlife, endangered resources, recreational opportunities for residents and visitors, and lake and river ecosystems. These forests improve water quality and aquatic habitat by reducing erosion and regulating water temperatures. In order for a separate Department of Forestry to adequately manage the state's forest resources, staff would need to be reallocated to provide expertise in fish and wildlife, endangered resources and recreational issues. Also, the Department of Natural Resources would need to reallocate staff to address forestry-related management issues on properties such as the Willow, Chippewa and Turtle-Flambeau Flowages.
S309
Separation of forestry management from the Department of Natural Resources would also result in each department having to devote fee and other segregated revenues to activities for which the revenues were not originally collected. Federal regulations restrict the use of fish and wildlife fee revenue to the state agency responsible for fish and wildlife management. Therefore, the Department of Forestry would be required to use forestry revenues or to find an alternative revenue source to complete wildlife-related activities in the forests. Likewise, the Department of Natural Resources would be required to expend fish and wildlife, endangered resources, parks, recreational vehicle and other segregated revenues on forestry-related activities on land under its jurisdiction. The departments could agree to jointly manage these state lands, though this would result in foresters reporting to wildlife managers and vice versa. Creation of a separate department would result in the same problems it is purported to solve.
I also object to the creation of a new state police force, the state forest rangers. State forest rangers would be the equivalent of conservation wardens. Having two equivalent police forces in the same areas of the state would lead to public confusion and could result in uncoordinated law enforcement. For example, a snowmobiler could be stopped multiple times within a relatively short period of time by a conservation warden for a routine check on land under the Department of Natural Resources' jurisdiction and then by a state forest ranger on land under the jurisdiction of the Department of Forestry. Having separate police forces would also reduce accountability, as the public would have two possible contacts with which to register a complaint. Investigations of complaints would take more time, as each department would need to determine if the complaint is correctly filed against one of its officers, or should have been filed with the other department.
