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
34.
Expenditure Plan
Section 9144 (1f)
This section requires the Department of Administration and State Fair Park Board to submit a plan to the Joint Committee on Finance, under a 14-day passive review procedure, for any expenditures that would exceed $12,950,600 in fiscal year 2006-07. The plan must be submitted by the date set by the co-chairs for submission of requests for the Committee's second quarterly meeting of calendar year 2006.
I am vetoing this section because I object to the infringement on executive branch authority to manage programs and because it is unnecessary. The board must have flexibility to operate the State Fair and other nonfair events. While I am also concerned with the status of the board's finances, the board and its staff have taken several measures to address factors that are not under the board's control and to better manage the operations that the board does control.
TRANSPORTATION
35.
Transportation Infrastructure and Fund Transfer
Sections 140 [as it relates to ss.
20.395 (3) (bq) and
(cr),
20.855 (4) (v) and
20.865 (4) (u)], 456g, 456r, 533g, 533r, 537d, 537e, 1719g, 1719h, 1719i, 1727, 1727g, 9148 (4f), 9148 (4w), 9148 (5f), 9148 (5g) and 9448 (4m)
These sections make the following changes to the Department of Transportation's highway and passenger rail programs, transportation earmarks, and fund transfers:
Increase total funding available for the Major Highway Development program and Southeast Wisconsin Freeway Rehabilitation program;
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;
Place funding for a portion of passenger rail operations in the Joint Committee on Finance's supplemental appropriation and specify procedures to access the funding;
Require the department to award grants to the village of Oregon and Chippewa County; and
Create an appropriation to transfer monies from the transportation fund to the Medical Assistance trust fund.
My budget provided for significant increases in highway and other transportation funding including a 13.6 percent increase for the Major Highway Development program, 8.6 percent increase for state highway rehabilitation, and 36 percent increase in elderly and disabled transportation aid. For the most part, the Legislature concurred with those increases. The following changes will retain the robust increases provided for highways and other transportation programs, while allowing additional revenues to be transferred to the general fund for school aids and property tax relief.
Section 140 [as it relates to s.
20.395 (3) (bq)] provides SEG funding for the Major Highway Development program and sections 140 [as it relates to s.
20.395 (3) (cr)], 1719g, 1719h, 1719i, 1727, 1727g and 9148 (4f) provide SEG funding for the Southeast Wisconsin Freeway Rehabilitation program and place restrictions on the use of bonding for the Marquette Interchange. I object to the excessive use of SEG funding for the long-term capital projects carried out under these programs and the infringement on executive branch authority to manage programs.
By lining out the department's s.
20.395 (3) (bq) and
(cr) appropriations and writing in smaller amounts, I am vetoing these appropriations to reflect my intent to reduce the SEG revenue support for these highway programs. Through this partial veto I am deleting $28,400,700 SEG in fiscal year 2005-06 and $23,403,000 SEG in fiscal year 2006-07 for the Major Highway Development program, and $66,243,000 SEG in fiscal year 2006-07 for the Southeast Wisconsin Freeway Rehabilitation program. I am also requesting the Department of Administration secretary not to allot these funds.
By vetoing sections 1719g, 1719h, 1719i and 1727g and partially vetoing sections 1727 and 9148 (4f), I am removing the provisions requiring maximum use of cash funding for the Marquette Interchange and limiting the maturity of any bonds issued to one or two years. I object to the excessive use of cash to fund this project because the Marquette Interchange is a long-term capital asset that is projected to last at least 50 years. In addition, to ensure that it is completed on time and in the most efficient manner, the department needs maximum flexibility to manage the funding of this project. I propose to utilize the $213,100,000 in bonding that is authorized in the bill to partially fund the project. Long-term capital assets should be financed over a longer period of time in order to allocate costs to future users of the project. Prudent financial management dictates that at least a portion of the project should be bond financed.
A401
Both the Major Highway Development and Southeast Wisconsin Freeway Rehabilitation programs will have sufficient bonding authority during the biennium to complete their scheduled projects. Existing carryover bonding authority will be used to maintain the same level of funding for the Major Highway Development program that was proposed in my budget and concurred in by the Legislature. In addition, the bonding percentage for the Major Highway Development program would decrease from 57 percent in fiscal year 2004-05 to 49 percent in fiscal year 2006-07, and only 36 percent of the Marquette Interchange will be funded with bond proceeds.
Section 140 [as it relates to s.
20.395 (3) (cr)] also provides increased SEG funding of $38,000,000 for preliminary engineering work on the Milwaukee Zoo Interchange/Highway 45 North reconstruction project. I object to the large amount of funding earmarked for this project in the next biennium. My budget included a significant increase to this appropriation to address not only rehabilitation projects in Southeast Wisconsin other than the Marquette Interchange, but also to fund preliminary engineering work on the next phase of Southeast Wisconsin freeway reconstruction, the I-94 South corridor. By lining out the department's s.
20.395 (3) (cr) appropriation and writing in a smaller amount that deletes $35,000,000 SEG in fiscal year 2005-06, I am partially vetoing the part of the bill which funds this provision. Furthermore, I am requesting the Department of Administration secretary not to allot these funds. Funding of $3,000,000 would remain to begin the preliminary engineering for the Milwaukee Zoo Interchange project by the end of the biennium. With reconstruction of the I-94 South corridor set to begin in 2009, reconstruction work on the Milwaukee Zoo Interchange project will not likely begin until 2016 at the earliest. The remaining $3,000,000 will more than cover the costs of the preliminary study work needed at this time.
Sections 140 [as it relates to s.
20.865 (4) (u)] and 9148 (4w) place funding for passenger rail service operation in the Joint Committee on Finance's supplemental appropriation and specifically outline the process that the department is required to follow in order to access the funding. By lining out the Committee's s.
20.865 (4) (u) appropriation and writing in $0, I am deleting the $572,700 SEG in fiscal year 2005-06 and $629,900 SEG in fiscal year 2006-07 that fund this provision. Furthermore, I am requesting the Department of Administration secretary not to allot these funds. I am partially vetoing this provision because I object to the Committee placing base program funding in its appropriation for release. The department, at my direction, has identified the funding necessary to keep this vital service operating.
Sections 9148 (5f) and (5g) require the department to award grants to the village of Oregon for streetscaping and Chippewa County for the construction of a pedestrian crossing and handicap accessible ramp related to the Ray's Beach revitalization project on Lake Wissota. I am partially vetoing these sections to eliminate these earmarks because I object to the infringement on executive branch authority to manage programs.
Sections 140 [as it relates to s.
20.855 (4) (v)], 456g, 456r, 533g, 533r, 537d, 537e and 9448 (4m) create a mechanism to transfer $268,058,100 SEG in fiscal year 2005-06 from the transportation fund to the Medical Assistance trust fund. I am vetoing these sections and partially vetoing sections 9148 (4f), 9148 (4w), 9148 (5f) and 9148 (5g) to delete the transfer to the Medical Assistance trust fund and, instead, accomplish a transfer of $427,000,000 from the transportation fund to the general fund in the 2005-07 biennium because I object to the restricted nature of the transfer to the Medical Assistance trust fund. This veto ensures sufficient funding is available to meet the needs of those receiving Medical Assistance. It also transfers funding to meet the top priorities of adequate funding for schools and protecting property taxpayers. It is my intent that the transfer be comprised of $338,449,000 in fiscal year 2005-06 and $88,551,000 in fiscal year 2006-07. I am requesting the department to make the transfer in this manner.
The citizens of this state demand a quality educational experience for our children, sufficient Medical Assistance for those in need, and continued economic growth to provide jobs and further investment in this state. Transportation benefits all citizens, our businesses and the visitors to our state, and I have made sure that this budget provides generous funding increases to maintain our quality highway and local road system.
36.
Local Roads Improvement Program
Sections 140 [as it relates to s.
20.395 (2) (ft)], 1719L, 1719r, 1741b, 1741d, 1741e, 1741g, 1741h, 1741p, 1741q, 1741s, 1741u, 1741v, 1741x and 1741y
These sections make changes to the discretionary grant portion of the Local Roads Improvement Program. Additional funding of $5,000,000 SEG is provided annually. The changes are as follows:
Reduce the local match from 50 percent to 45 percent;
Allow the Department of Transportation to allocate up to 20 percent of the county funds to projects that have a total cost between $150,000 and $250,000 in counties that have a total equalized value that falls in the lowest 20 percent of all counties;
Specify that all improvements under the discretionary grant portion of the program shall be under contracts and that all contracts must be awarded on a competitive basis to the lowest responsible bidder;
Define the term "improvement" for the discretionary grant portion of the program to mean a single highway construction project that may be let to contract in one or more components, with a projected life of at least ten years and that meets the minimum cost thresholds for the applicable recipient; and
Delete a provision that requires the department to make a grant of $2,500,000 to the city of Milwaukee for the reconstruction of West Canal Street (this grant does not apply after December 31, 2005).
I am partially vetoing section 140 [as it relates to s.
20.395 (2) (ft)] to remove the $5,000,000 SEG annual increase in funding for the program because it is excessive. The budget that I submitted to the Legislature already increased funding for the Local Roads Improvement Program by two percent annually. By lining out the department's s.
20.395 (2) (ft) appropriation and writing in a smaller amount that deletes $5,000,000 SEG in each fiscal year, 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.
A402
I am also vetoing sections 1719L, 1719r, 1741b, 1741d, 1741e, 1741g, 1741h, 1741u, 1741v, 1741x and 1741y and partially vetoing sections 1741p, 1741q and 1741s to eliminate the restructuring of the discretionary part of the program. I object to these changes because they are unneeded. The Local Roads Improvement Program is already an excellent program. The proposed changes would not improve the program, but merely set separate standards for the entitlement and discretionary portions of the program.
37.
Highway Engineering Positions
Section 140 [as it relates to s.
20.395 (3) (cq)] provides an additional $551,500 SEG and 10.0 FTE SEG positions in fiscal year 2005-06 and $1,371,800 SEG and 19.0 FTE SEG positions in fiscal year 2006-07 for additional highway engineering positions. Although there is no language authorizing this position increase, the purpose of the funding and positions was included in a Joint Committee on Finance amendment to the bill. Section 9148 (7f) specifies that the Department of Transportation may submit a request under s.
13.10 of the statutes to convert up to 6.0 FTE engineering positions in fiscal year 2006-07 to other position types that support the department's highway delivery functions.
I am partially vetoing section 140 [as it relates to s.
20.395 (3) (cq)] to remove the additional expenditure authority and highway engineering positions because the budget that I submitted already included an additional 10.0 FTE SEG engineering positions and related expenditure authority in fiscal year 2006-07. By lining out the department's s.
20.395 (3) (cq) appropriation and writing in a smaller amount that deletes the $551,500 SEG increase provided in fiscal year 2005-06 and the $1,371,800 SEG increase in fiscal year 2006-07, I am vetoing the part of the bill which funds the additional positions. Furthermore, I am requesting the Department of Administration secretary not to allot these funds or authorize the additional position authority.
I am also vetoing section 9148 (7f) because it is unnecessary. An administrative process already exists that allows for the conversion of positions to different classifications without legislative approval.
38.
Expressway Policing Aids
Section 140 [as it relates to s.
20.395 (1) (gq)] provides an additional $250,000 SEG in each fiscal year for expressway policing aid to Milwaukee County.
I am partially vetoing this section because it excessively increases funding for expressway policing aids by 24 percent over the biennium. By lining out the Department of Transportation's s.
20.395 (1) (gq) appropriation and writing in a smaller amount that deletes $200,000 SEG in each fiscal year, I am partially 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 remaining $50,000 SEG in each fiscal year will still provide a 4.8 percent increase over the biennium, which is comparable to increases provided for general transportation and transit aids. In addition, I am requesting the Department of Transportation secretary to work with the Milwaukee County sheriff to secure a report on the use of the $1,090,800 provided annually in expressway policing aids and to ensure that the monies are used to maximize highway safety.
39.
License Plate Rebasing
Section 140 [as it relates to s.
20.395 (5) (cq)] provides an additional $666,000 SEG in each fiscal year for license plate rebasing.
I object to this increase because it is unneeded at this time. The Department of Transportation can utilize base funding to continue the rebasing of license plates. Under provisions included in the biennial budget, the rebasing must be completed by June 30, 2010. If the department determines that it does not have sufficient funding to complete the rebasing by the specified date, the department can request funding in the next biennial budget or request that the statutory replacement schedule be eliminated or extended. By lining out the department's s.
20.395 (5) (cq) appropriation and writing in a smaller amount that deletes the $666,000 SEG in each fiscal year, 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.
40.
Gold Star License Plate
Section 2246n
This section requires the Department of Transportation to consult with the Brian LaViolette Scholarship Foundation, Inc., in designing the Gold Star license plate for families who have had an immediate family member die in combat while serving in the U.S. Armed Forces. This section also prohibits the department from specifying a design for this license plate unless the design is approved in writing by the Department of Veteran Affairs and by the Brian LaViolette Scholarship Foundation, Inc.
I am partially vetoing this section to remove the requirement that the design must be approved in writing by the Brian LaViolette Scholarship Foundation, Inc. I object to this requirement because I feel that the Department of Veteran Affairs is the appropriate entity to provide final written approval on the design of this plate. The Department of Veterans Affairs represents veterans throughout the state and is in the best position to ensure that those who lose their lives in action are appropriately honored.
41.
Regional Transit Authority Membership
Section 1235e
A403
This section designates the membership of the new regional transit authority in Kenosha, Milwaukee and Racine counties. Membership will consist of a total of seven members of which three members, one from each county in the region, would be appointed by the county executive of each county and approved by the county board; three members, one from the most populous city in each region, would be appointed by the mayor of each city and approved by the common council; and one member from the most populous city in the region, would be nominated by the Governor and appointed with the advice and consent of the Senate.
I am partially vetoing this section to remove the requirement that the Governor's nominee be subject to Senate confirmation. I object to this requirement because it would cause an unnecessary delay in formalizing the appointment of this position.
42.
Freight Rail Preservation Program
Section 9148 (2q)
This section requires the Department of Transportation to allocate $5,000,000 annually for rail rehabilitation projects and $1,000,000 annually for rail bridge projects in the 2005-07 biennium from bonding provided in the Freight Rail Preservation Program.
I am vetoing this section because I object to this infringement on executive branch authority to manage programs. While I support the additional bonding authority provided for the Freight Rail Preservation Program, I feel the department should have maximum flexibility to be able to allocate funding for rail rehabilitation projects, rail bridge projects and rail acquisitions.
43.
Harbor Assistance Program
