WHEREAS, state regulations and other policy statements or actions have an impact on Indian Tribes; and
WHEREAS, State and Tribal governments play key roles in serving all of the citizens of the State of Wisconsin and collaboration between Tribes and State agencies will ensure that services are efficiently provided to all citizens, minimize service overlap, preserve natural resources and encourage sustainable economic development;
NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin by the authority vested in me by the Constitution and the laws of this State, do hereby:
1. Direct cabinet agencies to recognize the unique legal relationship between the State of Wisconsin and Indian Tribes, respect fundamental principles that establish and maintain this relationship and accord Tribal governments the same respect accorded to other governments;
2. Direct cabinet agencies to recognize the unique government-to-government relationship between the State of Wisconsin and Indian Tribes when formulating and implementing policies or programs that directly affect Indian Tribes and their members, and whenever feasible and appropriate, consult the government of the affected Tribe or Tribes regarding state action or proposed action that is anticipated to directly affect an Indian Tribe or its members;
3. In instances where the State of Wisconsin assumes control over formerly federal programs that directly affect Indian Tribes or their members, direct cabinet agencies, when feasible and appropriate, to consider Tribal needs and endeavor to ensure that Tribal interests are taken into account by the cabinet agency administering the formerly federal program and
4. Direct cabinet agencies to work cooperatively to accomplish the goals of this order;
5. General Provisions.
a. Nothing in this order shall require cabinet agencies to violate or ignore any laws, rules, directives or other legal requirements or obligations imposed by state or federal law.
b. Nothing in this order shall require cabinet agencies to violate or ignore any agreements or compacts between one or more Indian Tribes and the State of Wisconsin or one or more of its agencies.
c. If any provision in this order conflicts with any laws, rules, agreements or other legal requirements or obligations imposed by state or federal law, the state or federal law shall control.
d. Nothing in this order prohibits or limits any cabinet agency from asserting or pursuing any action or right, or taking any position under state or federal law or any existing agreement in relation to the interests of the State of Wisconsin or any of its state agencies.
e. Nothing in this order creates any right, benefit, or trust responsibility, substantive or procedural, enforceable at law by a party against the State of Wisconsin, its agencies, or any person.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the City of Madison this twenty-seventh day of February in the year two thousand and four.
JIM DOYLE
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
__________________
State of Wisconsin
Office of the Governor
February 27, 2004
To the Honorable, the Senate
The following bill(s), originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Sincerely,
Jim Doyle
Governor
State of Wisconsin
March 1, 2004
The Honorable, The Senate:
Pursuant to Senate Rule 20(2)(a) and (b) I have appointed Senator Moore to the Joint Committee on Finance and removed Senator Robson.
With regard to members of the minority party, appointments are made based on the nominations of that caucus.
Sincerely,
Senator Mary Panzer
Senate Majority Leader
State of Wisconsin
February 26, 2004
The Honorable, The Senate:
I am writing to you to be removed as a cosponsor from a Senate bill. I would like to be removed from:
Senate Bill 184 - relating to creating a fund to reduce state revenue shortfalls.
Thank you for your time.
Sincerely,
Rob Kreibich
State Representative
State of Wisconsin
Department of Workforce Development
February 23, 2004
The Honorable, The Senate:
S650 Pursuant to s.109.12(2) and (3), Wis. Stats., I hereby submit the Department of Workforce Development's (DWD) 2002 annual report on the administration and enforcement of s. 109.07 an s. 109.075, Wis. Stats. The report contains three sections. The first section lists all employers in 2003 that notified DWD of business closings and mass layoffs planned in Wisconsin. The second section of the report lists employers against whom DWD has received business closing or mass layoff notification complaints and the current status or outcome of those complaints. The third section of the report lists employers against whom DWD has received healthcare cessation notification complaints, DWD's actions and the current status or outcome of those complaints.
If you have any questions regarding the information contained in this report please contact Micabil Diaz-Martinez, Administrator of the Equal Rights Division, at (608) 266-0946.
Sincerely,
Roberta Gassman
Secretary
State of Wisconsin
Legislative Audit Bureau
February 26, 2004
The Honorable, The Legislature:
We have completed an evaluation of the Department of Natural Resources' (DNR's) air management programs, as requested by the Joint Legislative Audit Committee. DNR administers two separate permitting programs for controlling air pollution at 2,219 stationary facilities in Wisconsin: the operation permit program and the construction permit program. In fiscal year 2002-03, expenditures for all air management programs - including permitting, monitoring, vehicle emissions, and enforcement - totaled $17.9 million, including $13.3 million in salaries and fringe benefits for 184.0 full-time equivalent employees.
As our June 30, 2003, DNR had issued operation permits to just over half of the facilities required to obtain them. Although 1,128 permits have been issued since 1995, the number of facilities in the backlog was 1,091. Wisconsin is among the slowest states in the nation to issue operation permits, and it is the slowest among midwestern states. The Legislature recently passed 2003 Wisconsin Act 118 to streamline the permitting process and increase the number of permits issued in a timely manner, We have included additional recommendations for streamlining the operation permit process.
Although DNR has generally met statutory and administrative code timeliness standards for issuing construction permits - which are needed for new construction or facility modification - we found 40 construction permits, or 29.2 percent of all pending applications, have been backlogged for at least two years. We recommend changes to streamline the process and issue construction permits in a more timely manner.
We also found numerous examples where program management could be improved, including better emission fee billing, issuing completed permits, obtaining applications from required facilities, issuing renewal permits, inspecting facilities, and consistently following federal and state enforcement policies.
We appreciate the courtesy and cooperation extended to us by DNR staff. The agency's response follows the appendices.
Sincerely,
Janice Mueller
State Auditor
State of Wisconsin
Ethics Board
March 2, 2004
The Honorable, The Senate:
The following lobbyists have been authorized to act on behalf of the organizations set opposite their names.
For more detailed information about these lobbyists and organizations and a complete list of organizations and people authorized to lobby the 2003 session of the legislature, visit the Ethics Board's web site at http://ethics.state.wi.us
Anderson, David Kolbe & Kolbe Millwork Co., Inc.
Anderson, David Semling-Menke Company, Inc.
Bright, Michael Midwest Airlines
Elliott, Brian Omni Resources, Inc.
Essie, Patrick Wisconsin Ready Mixed Concrete Association
Longmire, Erin Wisconsin Ready Mixed Concrete Association
Petak, George Omni Resources, Inc.
Peterson, Craig March of Dimes Birth Defects Foundation
Rogowski, Michael Omni Resources, Inc.
Roys, Lisa Kolbe & Kolbe Millwork Co., Inc.
Roys, Lisa Semling-Menke Company, Inc.
Schumacher, Elizabeth Meriter Management Services Inc
Springer, Thomas J Omni Resources, Inc.
Viohl, Bridget March of Dimes Birth Defects Foundation
Also available from the Wisconsin Ethics Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
R. Roth Judd
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