Sections 1e, 1L, 31n, 68g, 171b, 171c, 183 [as it relates to s. 20.548], 460r, 507g, 508f, 1712h, 1740g, 1758g, 1762s, 2261g, 2261h, 2261j, 2261L, 2261m, 2261o, 2261q, 2261r, 2261s, 2262c, 2262e, 2262g, 9101 (7p) and 9401 (1p)
These provisions establish a new Prosecutor Board and the Office of State Prosecutors, and assigns various duties for both the office and board. The board is created effective February 1, 2018.
The Prosecutor Board is also responsible for providing recommendations on District Attorney budget requests, setting policy initiatives, and reviewing existing and proposed legislation. In addition, the provision creates an executive director in an Office of State Prosecutors, which is attached to the Department of Administration for administrative purposes only, and outlines duties of the office. The executive director is responsible for preparing the biennial budget request on behalf of the board and managing the day-to-day operations of the board and the office, representing the board before various entities, and preparing various documents relating to proposed legislation. The provision provides the board funding and position authority of $93,800 GPR in fiscal year 2017-18 and $225,000 GPR in fiscal year 2018-19 in order to support an executive director and a legislative liaison. Funding and position authority in the Department of Administration is reduced by $75,500 GPR in fiscal year 2017-18 and $181,700 GPR in fiscal year 2018-19 and 1.0 FTE classified position annually.
I am vetoing these provisions because I object to the creation of another layer of bureaucracy which is unnecessary and administratively burdensome, and redirects valuable staff time away from prosecutorial activities and towards functions of the proposed Prosecutor Board. While I understand the importance of identifying evidence-based practices in the performance of the DA function, creating a separate board whose duties resemble activities performed by an existing separate external organization dedicated to advocating on behalf of prosecutors is an ineffective use of taxpayer funding. In addition, when the current director position was filled last year, the duties were redesigned, and it was expected that the individual hired into the position would perform broader advocacy duties on behalf of DAs, without the need for a board.
Further, I am vetoing section 183 [as it relates to s. 20.548] because I object to adding administrative resources to an unnecessary board. By lining out the appropriation under s. 20.548, I am vetoing the part of the bill that funds the Prosecutor Board. I am also requesting the Department of Administration secretary not to allot these funds. _Hlk490568136In addition, I direct to the secretary of the Department of Administration to continue to support the functions of the state prosecutor's office within the department. Finally, I direct that the Department of Administration ensures that the individual on military leave serving on active duty, who was displaced as a result of the elimination of the position in the Department of Administration, be reemployed in support of this function under the provisions of the escalator principle, as permitted under the federal Uniformed Services Employment and Reemployment Rights Act of 1994.
11. Restore Judicial Council
This provision provides the Judicial Council with $111,400 PR in each year of the biennium and 1.0 FTE position.
I am partially vetoing section 183 [as it relates to s. 20.670 (1) (k)] by reducing the amount under s. 20.670 (1) (k) to $0 in each fiscal year. I object to including these funds because the Supreme Court notified the Department of Administration on August 17, 2017, that it had issued an order utilizing its discretion under s. 751.20 to discontinue the transfer of funds from the Courts budget to the Judicial Council. Without sufficient funds, the Judicial Council cannot operate. With this veto, I am reducing the 1.0 FTE position in the appropriation under s. 20.670 (1) (k) in each year of the biennium. Further, as the appropriation is a continuing, all monies received appropriation, I am requesting the Department of Administration secretary to allot only the funds received by the Director of State Courts which it has agreed to transfer for obligations incurred to date in fiscal year 2017-18. Finally, I am requesting the Department of Administration secretary not to authorize the position authority.
Lower Wisconsin State Riverway Board
12. Standard Budget Adjustments
This section provides additional funding for a position which was converted from classified to unclassified status as part of standard budget adjustments in order to align with current law regarding positions in the Lower Wisconsin State Riverway Board.
I am partially vetoing section 183 [as it relates to s. 20.360 (1) (q)] by lining out the amount under s. 20.360 (1) (q) and writing in a smaller amount that reduces the appropriation by
$14,600 SEG in fiscal year 2017-18 and $14,600 SEG in fiscal year 2018-19. I object to this provision because the conversion of a position from classified to unclassified status should not automatically trigger a pay adjustment, especially if no funds were budgeted for such an increase. The practice would set a bad precedent in the establishment of salaries in the unclassified service. I am requesting the Department of Administration secretary not to allot these funds.
Department of Natural Resources
13. Use of Unobligated Stewardship Bonding Authority
This section utilizes unobligated Stewardship Program bonding authority from fiscal years 2014‑15 and 2015-16 for various Stewardship projects.
The projects consist of the following:
a. Up to $1,000,000 for Iron County Saxon Harbor reconstruction necessary as the result of storm damage.
b. Up to $1,000,000 for abandoned Canadian Pacific rail corridor for the White River State Trail in Walworth County.
c. Up to $750,000 for a grant for 50 percent of the costs of reconstructing Eagle Tower in Peninsula State Park.
d. Up to $500,000 for city of Horicon for a shelter on the south side of Horicon Marsh Wildlife area and the requirement that the Department of Natural Resources and the city of Horicon submit a plan through passive review to the Joint Committee on Finance by June 30, 2019, for using the funds.
e. Up to $415,300 for up to 50 percent of the costs to finish construction of Twin Trestles project (first provided under 2015 Wisconsin Act 55). Total bonding cannot exceed $2,015,300, which includes $1.6 million under Act 55.
I am partially vetoing the requirement that the Department of Natural Resources provide a grant for the Eagle Tower project. This project is enumerated in the bill and financed by existing general fund supported borrowing. It is unnecessary and duplicative to require the department to provide this funding as a grant. Further I am partially vetoing the requirement that the department provide $500,000 to the city of Horicon and that the plan must be submitted to the Joint Committee on Finance for passive review. I object to providing a grant to a city for a project which is located on state land. In addition, I object to the requirement that the bonding may only be issued upon approval of the Joint Committee on Finance. The approval of this project would be subject to State Building Commission oversight, which has legislative representation. Instead, I request that the Building Commission fund this project using bond proceeds and no additional duplicative approval to release the bonding authority should be required.
14. Vacant Forestry and Parks Positions
Section 9101 (11u)
This section directs the Department of Natural Resources to delete 10.0 FTE vacant forestry or parks SEG positions, and require the Department of Administration to report to the Joint Committee on Finance identifying the deleted position by funding source, no later than January 1, 2018.
In addition, the section requires that the final 2017-19 appropriation schedule reflect funding reductions associated with the deleted positions.
I am partially vetoing this section because I object to establishing a reporting deadline that may not give the Department of Natural Resources sufficient time to identify the positions to be deleted due to the delay in budget passage. As part of this budget act, the department reorganized its operations, and implementing the reorganization will result in significant technical changes, including the realignment of position authority in different forestry and parks operations. As a result, the department should be given sufficient time to identify the positions to be deleted. Instead, I ask the department to complete the report no later than April 1, 2018.
15. Council on Forestry Report
Section 9133 (6r)
This section requires the Wisconsin Council on Forestry to determine the relative priority of current forestry account expenditures and submit a report with these determinations and recommendations regarding forestry account expenditures for the 2019-21 budget to the Governor, the Department of Natural Resources, and the appropriate legislative standing committees by July 1, 2018.
I am vetoing this section because I object to requiring the council to conducting this review without the completion of the recommended audit of the forestry account. This Act requires the Legislative Audit Bureau to audit the forestry account of the conservation fund to determine whether its expenditures support forestry activities. The results of the audit should be completed prior to preparing any recommendations on forestry account expenditures. Further, the Council can conduct such a study independently.
16. Tainter Lake Water Quality
Section 9133 (7p)
This section provides $65,000 SEG from the nonpoint account of the environmental fund in fiscal year 2017-18 for a pilot project using biomanipulation to improve water quality of Tainter Lake in Dunn County.
I am partially vetoing this section because I object to focusing on one type of potential remedy to address the phosphorus and other water quality issues with the lake. Instead, I ask the Department of Natural Resources to study all available options, and use the funds for the remedies that are likely to lead to the most success in improving the water quality.
17. Wolf Damage Payments
Sections 239m and 582h
These provisions prohibit the Department of Natural Resources from prorating claims for damage associated with gray wolves and wildlife damage control and claims. In addition, the department is required to use federal funds and endangered resources funds to pay the claims when necessary, and if those funds are insufficient, the department may request a supplement through s. 13.10 action. Further, the provision deletes the cap on the amount of endangered resources license plate money or income tax checkoff money that could be used for this purpose. Under the provision, the department is required to pay a claim as soon as it determines the claim to be eligible. Under the bill, the provisions apply if the gray wolf is on the federal or state endangered species list.
I am partially vetoing these sections because I object to the use of "prorate" to characterize how claims are paid. The department pays damage claims based on the value of the damage established by administrative rule through a panel of experts. Further, I object to permitting more than 3 percent of the voluntary payments for the endangered resources program to be used for wildlife damage claims, as these funds should continue to be used primarily for improving land or habitats for endangered or threatened species. Finally, I object to specifically requiring the use of federal funds for this purpose in statute, as federal funds received by the department are designated for broad purposes. The department has had sufficient funds in the endangered resources general fund appropriation to satisfy all claims for several years, and the use of these other funds is unnecessary.
18. Permit Sale of Dyed Diesel Fuel to Recreational Motor Boats
Sections 147d, 1208m and 9438 (3m)
This provision permits the sale of dyed diesel fuel for use in a recreational motor boat. Under current law, dyed diesel fuel is exempted from the state motor vehicle fuel tax. However, the sale of gasoline or diesel fuel for use in recreational motor boats is subject to the state's motor vehicle fuel tax. The sales and use tax would apply to the sale of dyed diesel fuel to recreational motor boats, which would result in minimal additional revenue to the general fund. The revenue from the tax is then transferred from the transportation fund to the water resources (motorboats) account of the segregated conservation fund based on a formula that includes the motor vehicle fuel tax rate, a standard number of gallons and the number of annual motorboat registrations in the state. The provision would apply retroactively to July 1, 2013.
As a result of the provision, direct revenues to the transportation fund would decrease by $50,000 SEG in fiscal year 2017-18 and $200,000 SEG in fiscal year 2018-19, while the amount of transportation fund revenue transferred to the conservation fund would be unchanged. Under the provision, $50,000 GPR would be transferred from the general fund to the transportation fund in fiscal year 2017-18 and $200,000 GPR from the general fund to the transportation fund in fiscal year 2018-19, and annually thereafter.
I am vetoing this provision because I object to expanding the use of dyed diesel fuel for purposes outside of agriculture and the unnecessary use of GPR to fund the lost revenues. Because of the requirement that the transportation fund transfer certain revenues to the conservation fund based on the fuel tax rate, gallons and the number of annual motorboat registrations, rather than actual fuel taxes collected, this provision results in an unnecessary use of GPR to backfill the transportation fund for revenues it would otherwise collect under current law.
Department of Safety and Professional Services
19. Possession, Use and Transportation of Fireworks and Fireworks Manufacturer Fees
Sections 1680h and 9339 (7f)
This provision modifies current law relating to the possession, use and transportation of fireworks, and increase fees paid by fireworks manufacturers. The following regulations and fees are modified: (a) a person transporting fireworks must hold a permit from a municipality if the person remains in that municipality for 72 hours, rather than 12 hours, or more; (b) a user's permit for possession of fireworks is no longer required, if the person is not a resident of Wisconsin and if the person will not be using fireworks in the state; (c) any fireworks permits issued by a city, village or town may specify a range of dates (rather than a single date) and location of permitted use; and (d) the fireworks manufacturers' fees are increased from $70 to $100 for the four-year credential term. In addition, the provision establishes in statute the license term to manufacture fireworks.
I am partially vetoing this section because I object to increasing fees on Wisconsin manufacturers. There is no evidence that an increase in the fee is required to support the program.
20. Information Technology Projects
This section provides $2,200,000 PR in each year of the biennium in the Joint Committee on Finance's supplemental appropriation for the implementation of an information technology project in the Department of Safety and Professional Services. The provisions require the department to submit a request under s. 13.10 for the release of the funds. I am partially vetoing section 183 [as it relates to s. 20.865 (4) (g)] by lining out the amount under s. 20.865 (4) (g) and writing in a smaller amount that reduces the appropriation by $2,200,000 in each fiscal year to veto the part of the bill that funds the information technology project. I object to creating an additional requirement in order to receive the funds. Under current law, the department can submit a funding request for this project under s. 16.515. I am also requesting the Department of Administration secretary not to allot these funds.
21. Local Regulation of Quarries
Sections 982i, 982ib, 982ic, 982id, 982ie, 982if, 982ig, 982m, 982mb, 982mc, 982md, 982me, 982mf, 982q, 982qb, 982qc, 982qd, 982qe, 982s, 984ig, 984ij, 1305p, 9431 (1i), and 9431 (2i)
These provisions outline the parameters for the local regulations of quarries, including creating a definition of quarries, creating definitions relevant to the regulation of quarries, outlining the parameters for the local regulation of quarries, outlining specific provisions on local regulation of blasting at quarries, local regulation of water quality and quantity related to quarry operations, local regulation of air quality and fugitive dust related to quarry operations; and establishing requirements relating to local ordinances in effect prior to the implementation of the provisions. The provisions under the bill generally take effect on April 1, 2018.
I am vetoing these provisions because I object to inserting a major policy item into the budget without sufficient time to debate its merits. While I support the need to address quarry regulations and the ability to provide materials for public works projects in a timely manner, changes of this magnitude should be addressed as separate legislation where the implications can be more carefully explored.
B. Education and Workforce Development
22. State Archive Preservation Facility
This provision provides an additional $72,400 GPR over the biennium for State Archive Preservation Facility rent, and deletes $1,962,400 PR over the biennium.
I am partially vetoing section 183 [as it relates to s. 20.245 (1) (a)] by lining out the amount under s. 20.245 (1) (a) and writing in a smaller amount that reduces the appropriation by $44,000 GPR in the fiscal year 2018-19. This state-of-the-art facility supports the State Historical Society's mission to collect, preserve and share the stories of Wisconsin's past. The state has recognized the importance of this mission by providing $34.67 million – approximately 75 percent of the total cost of the building – in general fund supported bonding for the facility, and an additional $8.4 million in general fund supported bonding for customized shelving systems. However, it is appropriate that the society partner with the state on an ongoing basis to support the cost of operating the facility, as the society is the primary tenant and has the ability to raise funds to support preservation of the precious historical artifacts, maps and documents in its holdings. Other facility tenants will pay rent to support the facility as well. I am requesting the Department of Administration secretary not to allot these funds.
Labor and Industry Review Commission
23. Survey of Labor and Industry Review Commission Decisions
Section 9142 (5f)
This section requests that the Chief Justice of the Wisconsin Supreme Court survey decisions of the Labor and Industry Review Commission citing statutes interpreted by the commission and whether the commission's decisions were appealed to the Circuit Court.
I am vetoing this section in its entirety because the study is unnecessary and unlikely to yield useful information.
Technical College System Board
24. Sunset of the Educational Approval Board
Sections 9111 (1p), 9411 (1p) and 9411 (1q)
These provisions administratively transfer the Educational Approval Board and the incumbent employees from the Wisconsin Technical College System to the Department of Safety and Professional Services on January 1, 2018. The board would then sunset on July 1, 2018, and the incumbent staff and current functions would remain with the department.
I am vetoing sections 9111 (1p), 9411 (1p) and (1q) related to the sunset of the board because retaining the board as an entity is unnecessary; the department will provide oversight for the board's functions. As a result of this veto, the board will be eliminated immediately.
25. Educational Approval Board Incumbents
Section 9111 (1q) (bm) [as it relates to the transfer of incumbents]
This provision administratively transfers the Educational Approval Board and the incumbent employees from the Wisconsin Technical College System to the Department of Safety and Professional Services on January 1, 2018. The board would then sunset on July 1, 2018, and the incumbent staff and current functions would remain with the department.
I am partially vetoing the provision related to retaining the incumbent employees in order to provide the department with flexibility related to staffing. As a result of this veto, only positions will transfer to the department.
University of Wisconsin System
26. Performance Funding