14.
Land Information Modernization Grants
Section 92 [as it relates to limitations on grants to counties]
This provision prohibits the Department of Administration from providing an equalization grant to a county that has retained deed recording fee revenue exceeding $45,000 in any year and limits the amount of equalization grants to eligible counties to the difference between $45,000 and the amount of revenue retained by the county.
I am partially vetoing this section to remove the limitation because I object to the restrictions the provision places on the department's ability to support county efforts to modernize land information and make it accessible to the public.
15.
Recycling Tipping Fee and Business Surcharge
Sections 1686m, 1686n, 2198x, 9235 (1), 9335 (3q), 9341 (18w) and 9435 (5q)
These sections decrease the recycling tipping fee for waste disposed of in Wisconsin landfills beginning January 2007 from $3 per ton to $2.25 per ton. Also, beginning with tax year 2007, the recycling surcharge is reduced from three percent to two percent of gross liability for corporations and from 0.2 percent to 0.133 percent of net income for tax-option corporations. Section 9235 (1) transfers from the recycling fund to the general fund a total of $25,784,200 during the 2005-07 biennium.
I am vetoing sections 1686m, 1686n, 2198x, 9335 (3q), 9341 (18w) and 9435 (5q) to maintain current law because I object to the potential long-term negative impact this reduction could have on the funding of important recycling programs including financial assistance for responsible units and recycling efficiency incentive grants. Lowering the tipping fee would only encourage additional importation of waste from neighboring states as it will be less expensive to ship out-of-state waste to Wisconsin rather than to other Midwestern states.
By partially vetoing section 9235 (1), I am increasing the total transfer from the recycling fund to the general fund during the 2005-07 biennium to $28,942,100 because it is necessary to use all of the resources of the state to ensure the general fund has sufficient revenues to support vital programs, including property tax relief, education, health care and economic development. 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 $17,942,100 be transferred in fiscal year 2005-06 and $11,000,000 be transferred in fiscal year 2006-07. Based on projected revenues, sufficient resources will remain in the recycling fund to meet program needs. It is important to note that this is only a one-time transfer and additional revenues will be available in future biennia for enhancing Wisconsin's highly successful recycling program.
16.
Business Waste Reduction and Recycling Assistance
Section 2198
This section prohibits the Department of Natural Resources from providing more than $250,000 annually to an individual nonprofit organization under contract to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. Further, funds may not exceed 50 percent of the cost of services provided. Lastly, the contract entered into under the provision must include goals and objectives of the services provided, methods to measure progress, and a schedule for reporting to the department.
I am partially vetoing this section because I object to its limitation on the department's ability to effectively pursue contracts and to the disincentive this provision will have on private businesses to reduce their waste and promote recycling. Contracting for these services will increase the recycling of construction materials and demolition debris, reduce the amount of food waste going to Wisconsin landfills, and promote safe disposal and reuse of obsolete computers.
17.
Air Permits
Section 2196i
This section allows an owner or operator of a facility to pay the Department of Natural Resources a fee of $7,500 for a year if the entire facility is required to have a state air emissions permit, is not covered by a general or registration air emissions permit, and has not previously paid the fee. The owner or operator would pay emission tonnage fees in all other years. The section also requires an owner or operator of a facility, for 2006 only, to pay a fee of $300 if the entire facility is required to have a state air emissions permit, is not a synthetic minor source, and was not covered by a general or registration permit in 2005.
I am partially vetoing this section to eliminate the requirement of the $300 fee in 2006. I object to this requirement because it is unnecessary and arbitrary. All facilities that do not have general or registration permits should be treated equally and have the choice of continuing to pay emission tonnage fees, rather than singling out certain operators with a mandated $300 fee.
18.
Passive Review of Obligations Under the Stewardship 2000 Program
Sections 491g and 491k
These sections establish Joint Committee on Finance review of land acquisition and property development activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program and require that such activities in excess of $300,000 be subject to the Committee's 14-day passive review process. If the Committee does not hold a meeting to review the proposal within 75 days, the Department of Natural Resources may proceed with the transaction.
I am vetoing these sections because I object to legislative intrusion in this area. The proposed review is unnecessary and would result in considerable delay and wasted taxpayer resources. In the past, the Committee used a similar 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 policy oversight of the Natural Resources Board to ensure that Stewardship 2000 Program dollars are used effectively and efficiently.
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19.
Town Board Approval of Purchases Under the Stewardship 2000 Program
Section 491n
This section prohibits the Department of Natural Resources from acquiring land under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program in a township in which 35 percent or more of the land is under public ownership unless the town board approves the acquisition. A majority vote by the town board is required to approve each purchase, and the town is required to post notices of the possible acquisition.
I am vetoing this section because I object to infringement on the rights of individual property holders to sell their land to any willing buyer, including the department.
20.
Calculation of Aids-in-Lieu of Property Taxes
Sections 1260m and 1260n
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 will be 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, these 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 they will result in lower payments to local communities in lieu of property taxes. I object to the property tax increases on individuals and the negative fiscal impact on local governments arising from a reduction in the amount paid for future aids-in-lieu of property taxes. A key component of the Warren Knowles-Gaylord Nelson Stewardship 2000 Program is the payment of aids-in-lieu of property taxes, which is critical to ensure that communities are not adversely impacted by the removal of land from the local tax base. 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, which is adjusted annually to reflect changes in the equalized valuation of all land, excluding improvements, in the taxation district.
21.
Public Access and Managed Forest Law
These sections provide $1,213,000 SEG in fiscal year 2005-06 and $1,113,000 SEG in fiscal year 2006-07 and subsequent fiscal years for payments to local units of government whose taxation district contains land enrolled as closed acreage under the Managed Forest Law program. The Department of Natural Resources is required to distribute the funding proportionally based on the number of closed acres located in each municipality. Each municipality is then required to pay its county treasurer 20 percent of the amount received.
I am vetoing sections 246t and 490m and partially vetoing section 140 [as it relates to s.
20.370 (5) (br)] because they do not directly ensure that Wisconsin's citizens have sufficient access to land for recreation, in particular, hunting. My budget recommendations included a mechanism to address this concern, but it was removed by the Joint Committee on Finance. By lining out the department's appropriation under s.
20.370 (5) (br) and writing in a smaller amount that deletes the increase of $1,213,000 SEG in fiscal year 2005-06 and $1,113,000 SEG in fiscal year 2006-07 provided for this purpose, I am vetoing the part of the bill which funds this provision. Furthermore, I am requesting the Department of Administration secretary not to allot these funds.
The effect of this veto is to eliminate the changes in the distribution of closed acreage fee revenue. Because I support assisting municipalities and counties to offset the local revenue impact of the Managed Forest Law program, I am directing that the department pursue separate legislation that reflects my original budget recommendation of a grant program administered by representatives of local governments.
22.
Expenditures from Forestry Revenues
Sections 140 [as it relates to s.
20.370 (5) (ax) and
(az)], 221m, 246g, 246m, 246p, 541b [as it relates to s.
26.385 (2)], 541h, 541j, 557m and 9435 (7k)
This provision creates a continuing appropriation for revenues received from the sale of timber harvested from land under the management or control of the Department of Natural Resources' Division of Forestry that exceed $3,770,000 SEG in each fiscal year. Based on fund availability and by order of priority, the department is required to provide an additional $400,000 SEG annually in private forest grants to owners of 500 acres or less of nonindustrial private forest land; $500,000 SEG in fiscal year 2006-07 and $3,500,000 SEG in fiscal year 2007-08 to fund a biomass grant program within the department; $250,000 SEG annually to support a forestry education grant program within the department; $446,000 SEG annually to provide funding to school districts to transport students to and from school forests; $100,000 SEG annually to the Wisconsin Technical College System for a master logger apprenticeship grant program; and $100,000 SEG annually for forestry internships for University of Wisconsin System students who are enrolled in a course of study that would result in a bachelor's or higher degree in forestry.
I am partially vetoing this provision because I object to the limitation on the department's flexibility to determine how best to use limited resources. The effect of the veto is to eliminate the provision's prioritization and enumerated amounts related to the above programs. When the Joint Committee on Finance passed this amendment, the Committee members were aware that the funding for these items was uncertain, and their own estimate of revenues was insufficient to meet the proposed funding levels.
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Furthermore, I disagree with the use of timber sale revenues for the initiatives in this section of the bill. However, the initiatives have merit and, therefore, I am allowing them to remain. This veto allows the department to continue to manage its forested lands using sustainable methods and best management practices. This is consistent with funding forestry programs through the use of all revenues to the account, not just one of them. Linking projects to timber sale revenues creates at least a perception that timber might be harvested specifically to fund projects rather than to accomplish objectives outlined in property master plans.
The partial veto eliminates the continuing appropriation under s.
20.370 (5) (az) and permits the department to provide funding from any revenue source within the forestry account of the conservation fund for these purposes from the annual appropriation under s.
20.370 (5) (ax). To provide funding for the above programs, I am requesting that the department pursue an increase in its expenditure authority via a request under s.
13.10 or as part of its 2007-09 biennial budget request as additional revenues become available.
This partial veto retains sufficient funding in the appropriation under s.
20.370 (5) (ax) to provide $50,000 SEG in fiscal year 2005-06 and $150,000 SEG in fiscal year 2006-07 for scholarships related to master logger certification; $100,000 SEG one-time in fiscal year 2006-07 for the development and operation of the Paper Discovery Center in Appleton; and $150,000 SEG in fiscal year 2005-06 and $50,000 SEG one-time in fiscal year 2006-07 to initiate a program to train technical college students to use mechanized timber harvest equipment.
23.
State Park Admission Fees for Senior Citizens
This provision increases the total fee for a resident senior citizen annual park sticker to $12.50.
I am vetoing section 546m and partially vetoing section 9435 (7f) [as it relates to s.
27.01 (7) (gm) 3.] because I object to the financial burden this fee increase would place on Wisconsin's senior residents as they pursue outdoor recreational opportunities. I also object to the negative financial impact such a fee would have on the businesses that comprise the state's tourism industry and the damage it would do to Wisconsin's image as a premier destination for outdoor recreation.
24.
Ice Shanty Permit for Nonresidents
Sections 587d, 587dm, 594g, 646d, 646g and 9435 (7d)
These sections create a $20 seven-day nonresident and $34 annual nonresident ice shanty placement permit. Revenues from the permit would be deposited to the fish and wildlife account of the conservation fund. Any ice fishing shanty without the required permit may be declared a public nuisance and removed or destroyed by the Department of Natural Resources after the owner has been given a ten-day notice.
I am vetoing these sections because they create a disincentive for visitors to travel to Wisconsin to pursue one of the state's traditional recreational opportunities. I object to the negative financial impact such a fee would have on the businesses that comprise the state's tourism industry and the damage it would do to Wisconsin's welcoming image as a premier destination for outdoor recreation.
25.
Chief Warden Authority
Section 491p
This section directs the Department of Natural Resources to designate a conservation warden as the chief warden and specifies that the chief warden has the duty to direct, supervise and control conservation wardens in the performance of their duties. The department may also designate one or more deputy chief wardens.
I am vetoing this section because I object to the limitation on the department's flexibility to determine how to effectively administer its law enforcement program to ensure protection of Wisconsin's important natural resources. However, I am aware of the concerns that have been raised and am requesting that the department consider reviewing its law enforcement reporting structure and to ensure consistency in warden actions throughout the state.
26.
Appropriation for Safety Education Courses
This provision converts the Department of Natural Resources' appropriation for safety education courses from continuing to annual and expands the purposes of the appropriation to include programs or courses of instruction under s.
29.591 (3).
I am partially vetoing these sections to maintain this appropriation as continuing because I object to the limitation on the department's ability to effectively administer its hunter safety and recreational vehicle safety programs. By retaining the statutory reference to all monies remitted, I am converting this appropriation from annual to continuing. Annually, more than 50,000 people enroll in courses sponsored by the department that reduce hunting-related injuries and accidents, and promote the safe and responsible use of all-terrain vehicles, boats and snowmobiles.
27.
Snowmobile Account Adjustments
Sections 9235 (3s) and 9235 (3t)
These sections lapse $500,000 from the snowmobile trail aids appropriation that is funded by the fuel tax transfer and $300,000 from the supplemental snowmobile trail aids appropriation that is funded by revenues from the nonresident trail sticker.
I am vetoing these sections because I object to undermining the commitments previously made to the recipients of these aids. The Department of Natural Resources has the authority to manage expenditures from all appropriations funded by snowmobile revenues to ensure that the account maintains a positive balance.
A399
28.
Cladaphora Algae Study
Sections 245m and 9135 (2e)
These sections require the Department of Natural Resources to make a grant of $25,000 during the 2005-07 fiscal biennium to Manitowoc County for a study of Cladaphora algae in Lake Michigan at Hika Bay. The study may include monitoring of Fischer and Point creeks.
I am vetoing these sections because I object to the infringement on executive branch authority. While I support improving and protecting the waters of the state, the department is in the best position to determine statewide research and water quality management priorities and needs. By vetoing this earmark, the department will be able to evaluate this project and the grant request on their merits.
29.
Marsh Restoration
Section 9135 (5c)
This section requires the Department of Natural Resources to identify ten state-owned wildlife wetland areas that are critical to waterfowl breeding production, staging and hunting. In addition, by August 30, 2006, the department is required to prepare and submit a baseline assessment of the identified areas to the appropriate standing committees of the Legislature. Finally, the department is required to develop restoration goals based on the findings and include a proposal to contract with nongovernmental agencies to meet those goals in the department's 2007-09 biennial budget submission.
I am vetoing this section because it is unnecessary and I object to the infringement on executive branch authority. While I support improving and protecting lands and waters, the department has the expertise to determine the priorities for conservation of natural resources in the state. In addition, the department would need to devote a large amount of staff time to comply with these requirements, and no additional support was provided.
30.
Water Resources Account Lapses
Sections 9235 (4w), 9235 (4x), 9235 (4y) and 9235 (4z)
These sections lapse funds from certain appropriations to the conservation fund for the exercise of the Department of Natural Resources' responsibilities related to water resources. The appropriations affected by these sections provide funding for lake management and invasive species control grants, recreational boating aids, boating access, and Mississippi and St. Croix rivers management.
I am vetoing these sections because the selection of the amounts and appropriations was arbitrary. The lapse of these funds will not result in a positive balance in the water resources account of the conservation fund, and the department will be required to adjust expenditures from all appropriations funded from this account to avoid a cash deficit in the account. By vetoing these lapses, the department will be able to consider all projects funded by the water resources account on their merits.
31.
Water Regulation and Zoning Fees
These provisions convert the water regulation and zoning fees appropriation from continuing to annual.
I am vetoing these provisions because I object to the infringement on executive branch authority. The Department of Natural Resources must be able to access these revenues to meet landowner demands to issue permits and exemption determinations in a timely manner.
32.
Division Administrators
Section 2107d
This section reduces the number of unclassified division administrators in the Department of Natural Resources from seven to six.
I am vetoing this section because I object to the limitation on the department's ability to effectively administer and organize its programs.
BOARD OF COMMISSIONERS OF PUBLIC LANDS
33.
Sale of Board of Commissioners of Public Lands Holdings
Sections 140 [as it relates to s.
20.370 (7) (ah)], 252, 252c, 429v, 491b, 491e, 491f, 491fg, 491fr, 491i, 491k [as it relates to s.
23.0917 (6m) (e)], 491m, 491n [as it relates to s.
24.59 (1)], 491s, 508c, 508f, 508i, 508L, 508p, 508q, 509s, 509sg, 509sm, 509sr, 509t, 509u, 509um, 509v, 511m and 9135 (5q)
These provisions repeal the statutory authority of the Board of Commissioners of Public Lands to withhold its lands from sale when it determines that selling them would not be advantageous. Further, the Board of Commissioners of Public Lands is required to sell all of its lands to the Department of Natural Resources at appraised value. The department is required to use bonding authority under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program to purchase the lands. The department may acquire the lands without approval from relevant county boards or the Governor. The Board of Commissioners of Public Lands is prohibited from exchanging land or taking action that would impede or prohibit the sale of its lands to the department. Proceeds from the subsequent sale by the department of any lands acquired under this provision shall supplant GPR debt service payments related to the Stewardship 2000 Program. Lastly, the department is required to submit a report and a plan by February 2006 to the Governor and Joint Committee on Finance.
A400
I am vetoing this provision to maintain current law because I object to the use of limited Stewardship 2000 Program resources to purchase land that the state already owns and manages. The Stewardship 2000 Program was designed to conserve and protect from development Wisconsin's last pristine natural areas. However, under this provision all of the available dollars would be used by one state agency to buy land from another state agency without protecting one additional acre of critical habitat or land for outdoor recreation.
In addition, I object to the infringement on the Board of Commissioners of Public Lands' authority and constitutional duty to manage the assets of 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 including the constitutional authority to withhold land from sale.
STATE FAIR PARK BOARD
