I am partially vetoing this section to increase the tonnage surcharge cap to $0.86 because I object to the reduction in reimbursements that would be necessary under the lower cap. This veto is consistent with my original proposal to set the cap at $0.88. Ensuring sufficient funds are available for cleanup of agrichemical contamination is a critical part of protecting Wisconsin's agricultural and natural resources.
5. Sampling for Agrichemical Contamination
Section 1755q
This section prohibits the Department of Agriculture, Trade and Consumer Protection from collecting or analyzing samples of plants, soil or water for the purpose of determining whether soil contamination has occurred unless the department first determines: (a) probable cause exists to suspect a discharge; (b) sufficient funds are available to pay the state's portion of cleanup costs; and (c) the department has reason to believe the discharge poses a significant risk to human health.
I am vetoing this section because I object to the limitation it places on the department's ability to protect human health and the environment from chemical contamination. The majority of agrichemical contamination sites addressed by the department involve discharges that have occurred gradually over time and are not detectable without chemical testing. It is essential that the department be allowed to assess the severity of suspected contamination sites using the normal tools of sampling and analysis.
6. Consumer Protection Surcharge Revenue
Section 1815d
This section increases the maximum amount that may be credited to the Department of Agriculture, Trade and Consumer Protection's consumer protection, information and education appropriation from $185,000 annually to $375,000 annually. Under current law, when a court imposes a fine or forfeiture for a violation of various consumer protection laws, the court imposes a 25 percent consumer protection assessment. The assessment is deposited into the general fund and is credited to the department's appropriation, subject to the statutory maximum.
I am vetoing this section because I object to this unnecessary increase. In the past two fiscal years, revenues credited to the appropriation have been significantly lower than the current cap.
7. Consumer Protection Position Reduction Report
Section 9104 (3x)
This section requires the Department of Agriculture, Trade and Consumer Protection to submit to the Joint Committee on Finance, by November 1, 2003, a report detailing its plan for implementing the reductions in consumer protection positions included in the budget bill. The report is subject to 14-day passive review by the committee, and the department is prohibited from implementing the plan without committee approval.
I am vetoing this section because I object to the infringement on executive branch authority to manage programs and because it is unnecessary.
8. Telephone Solicitation Regulation Appropriation
This provision converts the telephone solicitation regulation appropriation from continuing to annual. The appropriation funds the Department of Agriculture, Trade and Consumer Protection's regulation of companies that engage in telephone solicitation and is funded by fees paid by those businesses.
I am vetoing this provision because I object to the limitation on the department's ability to effectively administer the successful do-not-call program. In just over one year, more than 1.1 million Wisconsin households have signed up for the no-call list. The do-not-call program is extremely important to protecting Wisconsin citizens and should not be weakened by unnecessary legislative changes.
COMMERCE
9. Minority Business Certification Program
S301
Sections 221m, 842t, 924g, 943p, 1029r, 1524r, 1527g, 1528g, 1528m, 1528n, 1528s, 1528t, 1533b, 1682d, 1682m, 1683d, 1683m, 2022b, 2031p, 2325h, 2325j, 2325k, 2325m, 2384c, 2384cj, 2384cm, 2384cr, 2440m, 2442r, 2448g, 2448r, 2618v, 2618vd, 2618vg, 2618vm, 2618vp and 2628fg
These sections extend the Department of Commerce's minority business certification process to make department certification the standard for other units of state and local government, including the State of Wisconsin Investment Board, the Departments of Transportation and Health and Family Services, the Wisconsin Housing and Economic Development Authority, counties, villages, towns, cities, technical college district boards, metropolitan sewerage districts, school boards, public libraries, exposition districts, professional baseball park districts, professional football stadium districts, cultural arts districts, and the Bradley Center Sports and Entertainment Corporation.
I am vetoing these sections to maintain the current minority business certification system. While I recognize the benefits of a streamlined minority business certification process, I object to including these provisions in a budget bill because significant issues need to be investigated regarding potential conflicts with federal requirements and court decisions that, if unresolved, may result in the loss of federal funding for state and local activities. In addition, these provisions may impose an unfunded mandate on local governments. I am requesting the Department of Commerce to review these issues n consultation with affected parties and formulate a process that leads to increased minority business certification while also complying with federal law and court orders and minimizing the burden on minority businesses and local governments so as to foster more economic development.
10. Petroleum Inspection Fund Transfer
Section 9209 (1)
This section transfers from the petroleum inspection fund to the general fund $7,657,400 in each year of the 2003-05 biennium.
I am partially vetoing this section to increase the transfer from the petroleum inspection fund to the general fund to $20,767,400 because during tight fiscal times it is necessary to use all of the resources of the state to ensure the general fund has sufficient revenues to fund vital programs.
The partial veto will result in no effective date being specified for the transfer. Under s.
16.52 (12), because no date is specified for when the transfer is to be made, the Department of Administration shall determine a date on which the transfer shall be made or provide for partial transfers to be made on different dates. It is my intent that the entire $20,767,400 be transferred in fiscal year 2003-04. As a result, this veto improves the state's long-term financial condition by limiting the transfer to the first year of the 2003-05 biennium. Due to higher than anticipated revenues and reduced estimates of incoming claims, sufficient resources will remain in the petroleum inspection fund to meet program needs and maintain the claims backlog at a reasonable level.
11. Wisconsin Development Fund Grants
Section 9109 (1d)
This section requires the Department of Commerce to make grants from the Wisconsin development fund before June 30, 2004, to persons residing in or municipalities located in counties where, during any 12-month period after February 1, 2001, a plant closing has eliminated 500 jobs, multiple plant closings have eliminated 1,000 jobs or a plant closing has resulted in an average unemployment rate of at least 7.5 percent. In order to award a grant, the department must receive a detailed plan for the use of grant funds, the department secretary must approve the plan and a written agreement must be entered into specifying conditions for the use of grant funds. Grant recipients are required to submit a report within six months after all funds are expended detailing how grant proceeds were used. The total amount of grants may not exceed $1,000,000.
These grants to assist displaced workers with finding new employment are important, particularly in the current economy. I am, however, partially vetoing this section to remove references to any 12-month time period, the number of jobs eliminated and the limit on grants. I object to these provisions because the department is best able to assess the most effective use of grant funds for those affected by plant closings or high unemployment and should not be limited in the amount or circumstances under which those funds can be awarded.
12. Forestry Education Grant Program
This provision appropriates funding for the Department of Commerce's forestry education grant program.
I object to this funding because limited resources should be allocated to the most effective programs. This program is underutilized and duplicates forestry education programs offered by the Department of Natural Resources and the Wisconsin Environmental Education Board. By lining out the Department of Commerce's s.
20.143 (1) (t) appropriation and leaving $0, I am vetoing the part of the bill which funds this provision. I am also requesting the Department of Administration secretary not to allot these funds.
13. Great Lakes Intertribal Council Grant
S302
Sections 293s, 293u, 607u and 2628m
These sections repeal the appropriations under the Departments of Administration and Commerce that provide tribal gaming funds for an annual grant to the Great Lakes Intertribal Council which supports a liaison between Native American tribes and state agencies. A reference to this annual grant is deleted from the language governing the Department of Commerce's tribal gaming economic development and marketing appropriation under s.
20.143 (1) (kg).
I am vetoing these sections because I object to the elimination of these funds for the Great Lakes Intertribal Council. Although I cannot restore funding for the liaison position at this time, retaining these provisions allows the Department of Commerce to request funding at a later date.
ENVIRONMENTAL IMPROVEMENT PROGRAM
14. General Obligation Bonding Reduction and Present Value Subsidy Limit
Sections 285ag [as it relates to the Environmental Improvement Program], 680t and 2466
Sections 285ag [as it relates to the Environmental Improvement Program] and 680t reduce general obligation bonding authority for the clean water fund by $21,500,000. Section 2466 reduces the present value subsidy limit for the clean water fund by $44,900,000.
I am partially vetoing section 285ag [as it relates to the Environmental Improvement Program] and vetoing section 680t to restore the existing bonding authority and partially vetoing section 2466 to restore the existing present value subsidy limit because I object to the potential negative impact on local governments' abilities to address water treatment needs. Restoring this bonding authority and present value subsidy limit will enable the Environmental Improvement Program to meet projected requests for financial assistance related to clean water fund loans over the biennium.
LAND USE
15. Comprehensive Planning Land Information Requirement
Sections 230b and 230c
These sections prohibit the Department of Administration from providing a comprehensive planning grant funded by deed recording fee revenues to a local unit of government unless the grant application includes planning efforts that: (a) expedite and integrate the use of preexisting locally created and maintained Wisconsin land information program data; (b) utilize digital data that is consistent with Wisconsin land information program interests, modernization and public access standards; and (c) maximize public participation through access to planning support tools.
I am vetoing these sections because I object to the imposition of unnecessary requirements on local governments. Standardized land information and public participation are already integral parts of the comprehensive planning process.
NATURAL RESOURCES
16. Agrichemical Management and Environmental Fund Revenues
Sections 286 [as it relates to s.
20.370 (2) (dx)], 402k, 855p, 855q, 855r, 855s, 855t, 855x, 1745d, 1745i, 1745L, 1750c, 1750e, 1750f, 1750g, 1750j, 1750L, 2475r and 9138 (2z)
Sections 855p, 855q, 855r, 855s, 855t, 855x, 1745d, 1745i, 1745L, 1750c, 1750e, 1750f, 1750g, 1750j and 1750L shift the deposit of revenues from pesticide product license fees, wood preservatives cleanup surcharges, primary producer fees, and soil or plant additive and fertilizer distribution groundwater fees from the environmental fund to the agrichemical management fund.
Sections 286 [as it relates to s.
20.370 (2) (dx)], 402k and 2475r allow the Department of Natural Resources to request reimbursement from the agrichemical management fund by the Joint Committee on Finance when funds are expended or expected to be expended on emergency cleanup actions at agrichemical sites under the jurisdiction of the Department of Agriculture, Trade and Consumer Protection. A zero-dollar appropriation is created for these reimbursements. The Department of Natural Resources is permitted to request reimbursement from this new appropriation in cases where funds from its state-funded spills response appropriation under s.
20.370 (2) (dv) are used at an emergency cleanup.
Section 9138 (2z) authorizes the Department of Natural Resources to submit a plan to the secretary of the Department of Administration to reallocate a reduction taken to its appropriation under s.
20.370 (2) (mq) among other appropriations from the environmental fund. If approved, the secretary would be required to submit the plan to the Joint Committee on Finance under a 14-day passive review process.
S303
I am vetoing these provisions because I object to the infringement on executive branch authority to manage programs. Under this transfer of fee revenues from the environmental fund to the agrichemical management fund, the Department of Natural Resources would retain its current cleanup responsibilities, while losing revenues which are collected for the purpose of funding cleanups. In addition, the department would be required to undergo a new level of legislative oversight each time a cleanup is performed. This oversight would delay cleanup of contaminated sites and unduly infringe on the department's ability to prioritize activities. Finally, authorizing the Department of Natural Resources to reallocate the reduction to its Air and Waste Division operations appropriation is unnecessary.
17. Recycling Demonstration Grant Earmarks
Sections 406e and 2474L
These sections require the Department of Natural Resources to make two awards from its waste reduction and recycling demonstration grant appropriation under s.
20.370 (6) (br). The first award is an annual grant of $50,000 to a private, nonprofit, industry-supported organization that provides waste reduction and recycling assistance through business-to-business peer exchange and that was in existence on October 29, 1999. The second is an annual contract for the operation of a statewide materials exchange program with an organization that received funding in the 1997-99 biennium from the Recycling Market Development Board.
I am vetoing these sections because I object to the infringement on executive branch authority to manage programs and because they are unnecessary. Legislative earmarks for the two organizations identified in this provision circumvent the competitive grant application review and award process. The organizations described can apply to receive these grant funds under the department's established award process for waste reduction and recycling demonstration grants.
18. Bonding Authority for the Stewardship 2000 Program
Sections 285ag [as it relates to the Warren Knowles-Gaylord Nelson Stewardship 2000 Program], 680r, 801c, 801f, 801h, 801j, 801m, 801p, 801t, 802g, 802h, 802j, 802k, 804f, 804g and 804k
These provisions reduce overall bonding authority for the Warren Knowles-Gaylord Nelson Stewardship 2000 Program by $245,000,000. Bonding authorizations under these provisions are $15,000,000 in fiscal year 2003-04, $10,000,000 in fiscal year 2004-05 and $30,000,000 annually through fiscal year 2009-10. Of the amount authorized for fiscal year 2003-04, $5,000,000 is set aside for the final installments for the acquisition of the Peshtigo River State Forest.
I am vetoing these provisions because I object to reducing Wisconsin's commitment to preserving our unique natural heritage, promoting outdoor recreational opportunities and protecting ecologically sensitive areas. I also object to the earmark of bonding authority relating to the Peshtigo River State Forest because it is unnecessary. By maintaining current law, I am restoring total bonding authority for the Stewardship 2000 Program to $572,000,000. I am also retaining the current maximum allocation of $60,000,000 per year with $45,000,000 dedicated to land acquisition and $15,000,000 dedicated to property development and local assistance. Sufficient bonding authority will remain for prior land acquisition commitments, including the Peshtigo River State Forest. The Stewardship 2000 Program is a critical investment in Wisconsin's tourism industry and our high quality of life.
19. Sale of State Lands
Section 9138 (3x)
This section requires the Department of Natural Resources to sell up to $20,000,000 worth of land currently owned by the state and under jurisdiction of the department in each year of the 2003-05 biennium. The department is required to submit proposals for the sale of land to the Joint Committee on Finance for passive review. Net proceeds are to be deposited in the budget stabilization fund. If the department is unable to sell enough land to net $20,000,000 during the fiscal year, the department is required to submit an explanation to the committee.
I am vetoing this section because the annual amount of $20,000,000 is an arbitrary figure and represents a serious disinvestment in Wisconsin's ecologically critical and environmentally sensitive areas. Further, I object to the infringement on the Natural Resources Board's authority to determine which properties are not needed for conservation purposes and are suitable for sale.
20. Aids in Lieu of Property Taxes Formula
Sections 1536bm and 1536c
These sections establish a new formula to calculate annual payments of aids in lieu of property taxes for properties acquired by the Department of Natural Resources after the effective date of the budget bill. For such properties, estimated value is based on the purchase price or the equalized value of the property prior to purchase by the department, whichever is lower. For property that is tax exempt at the time of purchase, hese sections require the last recorded equalized value to be used or a payment of $1 per acre to be made, whichever is greater.
I am vetoing these sections because I object to the potential negative impact on local governments arising from a reduction in the amount paid for future aids in lieu of property taxes. By maintaining current law, the department will continue to pay aids in lieu of property taxes on land it acquires based on the purchase price of the property, adjusted annually to reflect changes in the equalized valuation of all land, excluding improvements, in the taxation district.
21. Passive Review of Obligations Under the Stewardship 2000 Program
Sections 802L, 802m and 802n
S304
This provision removes the current $250,000 threshold for Joint Committee on Finance's review of land acquisition and property development activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program and requires that all such activities be subject to passive review by the committee. This provision maintains the current $250,000 threshold for grants to communities and nonprofit conservation organizations.
I am partially vetoing this provision to repeal any passive review requirement by the committee of land acquisition, property development and grant activities under the Stewardship 2000 Program because I object to legislative intrusion in this area. This review is unnecessary and results in considerable delay and wasted taxpayer resources. For several years, the Joint Committee on Finance has used the passive review process to entangle time sensitive land acquisitions with partisan legislative politics, endanger critical land purchases and jeopardize matching funds from private conservation organizations, local governments and federal grants. There are sufficient review mechanisms in the budget process and the policy oversight of the Natural Resources Board to ensure that Stewardship 2000 Program dollars are used effectively and efficiently.
22. Forestry Best Management Practices for Water Quality
Section 868p
This section requires the Department of Natural Resources to institute forestry best management practices for water quality on all properties under its supervision. The department may submit requests for an exemption to the Joint Committee on Finance under a 14-day passive review process.
I am vetoing this section because it is unnecessary and infringes on executive branch authority to manage programs. The department has the expertise to determine on which properties it is appropriate to institute forestry best management practices for water quality.
23. Operations at Centennial State Parks
This provision establishes position authority and related funding from the parks account of the conservation fund for 1.0 FTE SEG facility repair position at the Tommy G. Thompson Centennial State Park and 1.0 FTE SEG natural resources educator position at the Capital Springs Centennial State Park. 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.
I am partially vetoing section 286 [as it relates to s.
20.370 (1) (mu)] because I object to adding permanent costs to the parks account of the conservation fund when current ongoing parks revenues are insufficient to support current program costs. The Legislature reduced significantly the recommended transfer of tribal gaming revenues for parks operations that I included in my budget recommendations, which would have delayed the need for future fee increases. At the level of revenue provided by the Legislature, the costs of the additional positions would require a fee increase or the reduction of operations at other state parks in the 2005-07 biennium. By lining out the Department of Natural Resources parks and recreation appropriation under s.
20.370 (1) (mu) and writing in smaller amounts that delete $105,100 SEG in fiscal year 2003-04 and $149,500 SEG in fiscal year 2004-05 provided for this purpose, I am vetoing that part of the bill that funds these 2.0 FTE SEG positions in each fiscal year. I am also requesting the Department of Administration secretary not to allot these funds and not to authorize the 2.0 FTE positions in fiscal years 2003-04 and 2004-05.
24. Tribal Gaming Revenue for Snowmobile Trail Aids
This provision appropriates $500,000 PR-S in each year from tribal gaming revenues for snowmobile trail aids.
I am vetoing this provision because I object to using funds from sources outside of the snowmobile account of the conservation fund for snowmobile trail projects. While I recognize the important contributions that snowmobiling makes to Wisconsin's tourism economy, snowmobile activities should be funded by its participants as is the case with funding of activities of other recreational vehicle users. In addition, this funding is excessive in light of the $3.2 billion deficit facing the state. We must make difficult decisions about priorities.
Under the bill, unappropriated tribal gaming revenues are deposited to the general fund. This veto, and other reductions to the Legislature's spending increases, will help increase the general fund balance to help guard against future budget deficits. This veto eliminates the creation of new appropriations under s.
20.370 (5) (ck) and s.
20.505 (8) (hm) 8m. I am also requesting the Department of Administration secretary not to allot these funds.
