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.
25. ATV Safety Enhancement Grant Program
This provision allocates $250,000 SEG in each year from the all-terrain vehicle (ATV) account of the conservation fund for the ATV Safety Enhancement Grant program.
S305
I am partially vetoing section 286 [as it relates to s.
20.370 (5) (cx)] because I object to the excessive amount allocated for this purpose. By lining out the Department of Natural Resources appropriation under s.
20.370 (5) (cx) and writing in smaller amounts that delete $150,000 SEG provided for this purpose in each year, I am reducing total funding for the program to $100,000 in each year. I am also requesting the Department of Administration secretary not to allot these funds. This reduced level of funding will ensure that there are sufficient resources to support trail aids.
26. Recreational Boating Aids Earmarks
Sections 286 [as it relates to s.
20.370 (5) (cq)], 404g, 404j, 918t, 9138 (4f), 9138 (4g), 9138 (4k) and 9438 (1k)
These provisions make various earmarks of funding from the recreational boating facilities aids appropriation for grants to the Southeastern Wisconsin Fox River Commission, Village of Grantsburg for dredging Memory Lake, and Little Muskego Lake protection and rehabilitation district for dredging Little Muskego Lake.
The provisions also require the Department of Natural Resources to allocate funds for projects relating to aquatic invasive species prevention, control, education and inspection.
I am vetoing these provisions because I object to the infringement on the authority of the department and the Waterways Commission to decide which projects, and associated funding, will provide the best recreational opportunities to the many users of Wisconsin's waters. Furthermore, legislative earmarks bypass normal project review processes and place other worthy projects at a disadvantage. By lining out the Department of Natural Resources' s.
20.370 (5) (cq) appropriation and writing in a smaller amount that deletes $200,000 SEG provided in fiscal year 2003-04, I am vetoing the part of the bill that funds the earmark to the Southeastern Wisconsin Fox River Commission. I am also requesting the Department of Administration secretary not to allot these funds.
27. Back Tag Requirement
Sections 873m, 873p, 873r, 874c, 874e, 874m, 874o, 874q, 874s, 874u, 875m, 905d and 905f
These sections eliminate the requirement for deer hunters to wear back tags. These sections also eliminate the authority of the Department of Natural Resources to issue back tags, appoint agents to issue back tags and charge a fee to reserve back tag numbers.
I am vetoing these sections because I object, for reasons of public safety and law enforcement, to the elimination of back tags that aid in the identification of deer hunters in the field. Back tags provide landowners and law enforcement officers an effective mechanism to enforce our state's trespass law and investigate hunting regulation violations. Further, because reserved back tag numbers are available for an additional fee, the elimination of back tags would have a negative fiscal impact on the fish and wildlife account of the conservation fund.
28. "Into the Outdoors" Television Program
Section 803m
This section requires the Department of Natural Resources to provide $750,000 annually for production of the "Into the Outdoors" television program from the department's appropriation under s.
20.370 (9) (mu).
I am vetoing this section because I object to the limitation on the department's flexibility to determine how best to use limited resources. While I support successful programs such as this one, the department is facing significant reductions and needs to be able to set priorities. I also object to setting a particular level of funding, which severely limits the department's ability to negotiate an agreement if production costs are reduced or other sources of funding become available.
29. Plan to Implement Administrative Reductions
Section 9138 (5g)
This provision requires the Department of Natural Resources, by January 1, 2004, to submit to the secretary of the Department of Administration a plan to implement GPR reductions to its appropriations under ss.
20.370 (8) (ma) and
(9) (ma). The secretary may approve or modify the plan and then submit it to the Joint Committee on Finance by March 1, 2004. The plan is subject to committee approval under a 14-day passivereview process prior to implementation.
I am vetoing this provision because it is unnecessary and infringes on executive branch authority to manage programs.
BOARD OF COMMISSIONERS OF PUBLIC LANDS
30. Timber Sales Proceeds
Sections 829c and 829r
Section 829r requires the Board of Commissioners of Public Lands to deposit proceeds from the sale of timber and firewood from normal school fund lands to the general fund. Section 829c requires proceeds from the sale of timber and firewood from common school fund lands be considered income of the fund to be distributed as public school library aids.
S306
I am vetoing these sections because I object to infringement on the board's authority to manage the normal school and common school funds. The Board of Commissioners of Public Lands is an independent and constitutionally established entity that bears the fiduciary responsibility to manage its trust funds.
TOURISM
31. Earmark for Out-of-State Marketing
Sections 417h and 417k
These sections require the Department of Tourism to expend at least $3,950,000 in each fiscal year on marketing activities in media markets outside of Wisconsin to promote the state as a tourism destination. The department would be required to expend these funds from its existing GPR and PR-S marketing appropriations.
I am vetoing these sections because they are unnecessary and unduly infringe on executive branch authority to manage programs. This legislative earmark would prevent the department from responding to marketing opportunities both within and outside of Wisconsin. Removing this earmark will ensure that Wisconsin's tourism industry can continue to flourish.
32. Marketing Appropriation
This provision increases funding for the Department of Tourism's marketing activities by $500,000 GPR in each year compared to my original budget proposal.
I am partially vetoing section 286 [as it relates to s.
20.380 (1) (b)] because I object to this funding increase in light of the fiscal constraints facing the state. By lining out the Department of Tourism's appropriation under s.
20.380 (1) (b) and writing in smaller amounts that delete the $500,000 GPR provided for this purpose in each fiscal year, I am vetoing that part of the bill that funds this provision. Furthermore, I am requesting the Department of Administration secretary not to allot these funds.
TRANSPORTATION
33. Highway Program
Sections 8 [as it relates to s.
20.395 (6) (af)], 285ag [as it relates to major highway projects, highway rehabilitation projects and s.
20.395 (6) (af)], 286 [as it relates to s.
20.395 (3) (bq),
(cq),
(cr) and
(cx), and
(6) (af)], 435m, 683d, 683g, 683h, 1670m, 1671, 1672c, 1672g, 1672h, 1672i, 1694f, 1699q, 9153 (1r) (a) and (b), 9153 (2p), 9153 (3r), 9253 (1) and 9253 (1x)
These sections make the following changes to the state's highway improvement program:
Provide GPR-supported general obligation bonds to fund portions of the State Highway Rehabilitation and Major Highway Development programs;
Provide transportation fund SEG-supported general obligation bonds to fund portions of the Southeast Wisconsin Freeway Rehabilitation program;
Increase total funding available for all highway improvement programs;
Place a variety of conditions and requirements on the use of bonding and distribution
of funds to projects under the Southeast Wisconsin Freeway Rehabilitation program;
Require the Department of Transportation to submit a report and establish base funding levels as part of its 2005-07 biennial budget request; and
Provide for a transfer from the transportation fund to the general fund and for a lapse from Department of Transportation operations and vehicle inspection appropriations to the transportation fund.
Sections 8 [as it relates to s.
20.395 (6) (af)], 285ag [as it relates to major highway projects, highway rehabilitation projects and s.
20.395 (6) (af)], 286 [as it relates to s.
20.395 (6) (af)], 435m, 683d, 683g, 683h, 1670m, 1671, 1694f, 1699q and 9153 (2p) provide GPR-supported general obligation bonding authority and the related debt service appropriation to support the State Highway Rehabilitation and Major Highway Development programs. In addition, existing transportation fund SEG-supported bonding authority is reduced by $40,000,000 and reallocated to the Marquette Interchange. I object to the use of GPR for this purpose because it sets a bad precedent. Highway programs should continue to be supported by transportation-related revenues paid into the transportation fund. Due to the state's budget deficit, it is necessary to utilize bonding for the State Highway Rehabilitation program for the first time. However, this is intended for the 2003-05 biennium only and is necessary to maintain the program.
I am partially vetoing the above provision to provide up to $1,000,000,000 in transportation fund supported general obligation bonds for the State Highway and Southeast Wisconsin Freeway Rehabilitation programs. Of this amount, $253,900,000 in fiscal year 2003-04 and $230,000,000 in fiscal year 2004-05 are intended for the State Highway Rehabilitation program, and $15,924,200 in fiscal year 2003-04 and $65,656,200 in fiscal year 2004-05 are intended for the Southeast Wisconsin Freeway Rehabilitation program. General obligation bonds will not be used to support the Major Highway Development program. The remaining $434,519,600 of bonding authority after making the above allocations will not be used.
S307
Section 286 [as it relates to s.
20.395 (3) (bq),
(cq),
(cr) and
(cx)] provides SEG funding for the State Highway Rehabilitation, Major Highway Development and Southeast Wisconsin Freeway Rehabilitation programs and FED funding for the State Highway Rehabilitation program. I object to the excessive funding levels provided during these tight fiscal times. By lining out these appropriations and leaving $0 or writing in smaller amounts, I am vetoing these appropriations to reflect my intent to reduce the SEG revenue support for the highway programs. Through this partial veto I am deleting $47,772,600 SEG in fiscal year 2003-04 and $43,000,000 SEG in fiscal year 2004-05 for the State Highway Rehabilitation program, $18,346,400 SEG in fiscal year 2003-04 and $2,208,300 SEG in fiscal year 2004-05 for the Major Highway Development program, and $23,976,400 SEG in fiscal year 2003-04 and $37,208,400 SEG in fiscal year 2004-05 for the Southeast Wisconsin Freeway Rehabilitation program. I am also requesting the Department of Administration secretary not to allot these funds. These SEG reductions include the elimination of funding provided for limited term employees and consultants in the State Highway Rehabilitation program in fiscal year 2003-04 and in the Major Highway Development program in fiscal years 2003-04 and 2004-05 because they are unnecessary. It is my intent that the funding the Legislature provided in the State Highway Rehabilitation program in fiscal year 2004-05 not be used for limited term employees and consultants, but remain in the SEG appropriation in order to minimize the use of bonding. In addition, by lining out the State Highway Rehabilitation FED appropriation and writing in a smaller amount that deletes $74,799,600 FED in fiscal year 2003-04 and $47,776,600 FED in fiscal year 2004-05, I am reflecting my intent to reallocate FED funding to the Major Highway Development program in the amount of the reduction.
Section 1694f limits the use of bonding for the Marquette Interchange by not allowing repayment of principal and interest past June 30, 2009, and requires that all SEG and FED funds allocated to the Marquette Interchange project be expended prior to issuance of any general obligation bonds; section 1672c requires the Department of Transportation to allocate at least $49,350,000 in each fiscal year to projects for the rehabilitation of Southeast Wisconsin freeways other than the Marquette Interchange; sections 1672g and 1672h require the department to maximize the use of SEG and FED funds for the payment of bonds; and section 1672i allows the department to request that the Joint Committee on Finance reallocate funds from the State Highway Rehabilitation or Major Highway Development program SEG appropriations to support debt service on bonds issued for the Marquette Interchange. I object to the Legislature's infringement on executive branch authority to manage programs. I am vetoing sections 1672c, 1672g, 1672h and 1672i to provide the department with the necessary flexibility to manage the rehabilitation of the Marquette Interchange to maximize the benefit to the state and its taxpayers. I am partially vetoing section 1694f to allow general obligation bonding to be authorized for the Marquette Interchange, as well as the State Highway Rehabilitation program, but to remove unduly restrictive conditions established by the Legislature.
Section 9153 (3r) requires the department to provide a report as part of its 2005-07 biennial budget request that includes a funding plan for the remainder of the Marquette Interchange project which maximizes the use of SEG and FED funds and minimizes the use of bonding. In addition, the report may not include issuance of bonds for which principal and interest payments extend beyond June 30, 2009. I am vetoing this section because it is unnecessary and limits the department's options for future funding of the Marquette Interchange and other statewide projects. The department will continue to plan for the most cost-effective manner in which to complete this and other highway projects.
Section 9153 (1r) requires the department to increase the base for highway programs in its 2005-07 biennial budget request to the Department of Administration. I am partially vetoing this section to remove the new base provision for the Major Highway Development program SEG and transportation revenue bond appropriations because it s unnecessary to modify the base for this program. However, I am not vetoing the new base for the State Highway Rehabilitation and Southeast Wisconsin Freeway Rehabilitation programs to reflect my intent to reduce or eliminate the use of general obligation bonding in the 2005-07 biennium by increasing the use of SEG funds.
Section 9253 (1) provides for a transfer from the transportation fund to the general fund of $30,000,000 in fiscal year 2004-05. Section 9253 (1x) requires the secretary of the Department of Transportation to ensure a lapse of $175,000 in each fiscal year of the biennium from vehicle inspection and department operations appropriations to the transportation fund. I am partially vetoing these sections to eliminate the lapse requirement and to provide for a transfer from the transportation fund to the general fund of $175,000,000 because during tight fiscal times it is necessary to use all of the resources of the state 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 transfer be comprised of $100,000,000 in fiscal year 2003-04 and $75,000,000 in fiscal year 2004-05. I am requesting the Department of Administration secretary to make the transfer in this manner.
S308
As a result of the partial vetoes outlined above, the general fund will not support any new general obligation bonding for transportation. All bonding will be supported by transportation-related revenues. In addition, while my vetoes will result in $100 million less spending on highway projects, the highway improvement program is sufficiently funded to meet the needs of the state. The State Highway Rehabilitation program will be provided funding from all sources of $540,708,700 in fiscal year 2003-04 and $554,661,300 in fiscal year 2004-05. The Southeast Wisconsin Freeway Rehabilitation program will be provided funding from all sources of $87,241,800 in fiscal year 2003-04 and $173,741,800 in fiscal year 2004-05. The appropriation schedule under s.
20.395 will reflect funding for the Major Highway Development program of $164,900,400 in fiscal year 2003-04 and $191,193,900 in fiscal year 2004-05. However, these amounts do not reflect my intent to use federal funds made available by reducing the State Highway Rehabilitation FED appropriation to increase funding for the Major Highway Development program by a corresponding amount. I am requesting the Department of Transportation secretary to make this increase through existing administrative authority. As a result, the Major Highway Development program will be provided funding from all sources of $239,700,000 in fiscal year 2003-04 and $238,970,500 in fiscal year 2004-05.
The partial vetoes will also result in an additional $145,000,000 being transferred to the general fund. This transfer, and other reductions to the Legislature's spending increases, will help create a $205 million general fund balance to help guard against future budget deficits. These reductions to highway spending and the subsequent transfer to the general fund would not have been necessary if the Legislature had acted responsibly regarding funding of health care for our seniors, disabled individuals and working families.
34. Joint Committee on Finance Authority to Supplement State Highway
Programs
