A1020
Fines and forfeitures are deposited in the Common School Fund, interest on which is used to support public school libraries. The Common School Fund is the sole source of state funding for Wisconsin's school libraries. This significant increase in county administration fees will come at the expense of the Common School Fund. I cannot support the reduction of this program, which is critical to Wisconsin school children, with no guarantee that the funds retained by the counties would actually be used to increase collections efforts.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 327. This bill creates a new form of corporate organization, the unincorporated cooperative association.
I agree with the intent of the legislation - to help cooperatives raise needed capital through non-patron investment partners. However, the bill creates a tax consequence that was unintended by the authors and supporters of the bill. Although unintentional, I cannot sign a bill with consequences such as these.
My administration has already begun to work with the Legislature and supporters of Assembly Bill 327 to pass a version of this bill that achieves the goals of this proposal, without the creation of this tax consequence. I am committed to signing a new version of this bill before the end of the legislative session.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 509. This bill repeals the specific exception to the immunity provision related to litigation involving failure of local governments to repair highways.
While I know that our local governments work hard to maintain safe and high quality roads, I believe that in the few instances where individuals incur damages due to a lack of timely road repairs, citizens should not be prevented from receiving reimbursement from local governments. Additionally, the existing $50,000 statutory cap provides a reasonable limit on these damages if they occur. I would note that Wisconsin appellate courts have only applied this statute and its predecessor in 175 cases since 1884.
All levels of government are facing budget challenges and tough funding questions, but Wisconsin drivers should be assured that roads will be kept in good repair and that local governments will be responsible for damages when they fail to make repairs on a timely basis.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 730. This bill modifies current law by allowing any baccalaureate or graduate degree granting institution within the University of Wisconsin (UW) System to operate or contract for the operation of an independent charter school with the approval of the Board of Regents. Specifically, the bill permits the chancellors of any UW institution besides UW-Milwaukee and UW-Parkside (to which current law would still apply) to establish or contract for the establishment of up to five independent charter schools each.
The bill requires the Department of Public Instruction (DPI) to approve the first five requests from UW institutions (other than UW-Milwaukee and UW-Parkside) and to maintain a waiting list of subsequent requests. While the bill effectively limits the number of UW institutions that may establish new independent charter schools to five, each institution is permitted to include up to five new charter schools in a single request. Thus, the bill potentially allows up to 25 new independent charter schools.
Assembly Bill 730 requires the chancellor of each approved UW institution to submit to the state superintendent a charter school plan with specific details. In the event that the chancellor from an approved UW institution does not submit this plan by the specified date, that institution is prohibited from establishing or contracting for the establishment of a charter school. Finally, the bill provides that any pupil who resides in the state may attend a new charter school established by a UW institution under the bill.
I am vetoing Assembly Bill 730 because I object to the lack of accountability measures for the new charter schools that would be established under the bill. While charter schools can be a good option for many families, this bill doesn't ensure that the new charter schools would be high-quality. The bill requires DPI to automatically approve the first five requests that it receives from UW institutions, regardless of their merit. Further, each request from a UW institution may include plans for up to five charter schools, some of which may be excellent and some of which may be inadequate. Unfortunately, the bill includes no mechanism to allow DPI to make this determination. Nor does the bill provide any requirements that UW institutions have the capacity to serve as effective and knowledgeable charter school authorizers.
A1021
While Assembly Bill 730 may benefit some of Wisconsin's students by providing additional opportunities to learn and creative and innovative educational settings, the bill fails to provide important accountability measures.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 871. Under current law, it is generally considered a criminal act to issue a check, while never intending to have the check paid. This bill eliminates the general exception to this sanction for post-dated checks and checks given for past consideration. However, the bill maintains an exception for a post-dated check given to a payday loan service who agrees, for a fee, to hold a check for a period of time.
A transaction paid for with a post-dated check is fundamentally different than one paid for with a check dated that day. Post-dated check payments are more akin to loan or credit transactions. Businesses understand that distinction and accept post-dated checks knowing full well that there may be additional risks involved. We shouldn't be restricting the ability of these merchants and others to use post-dated checks as a means of doing business.
Further, I am also troubled that the bill would mean that payday lenders would be the only businesses that could accept post-dated checks, which would leave people with no other option.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 969. This bill provides that any cash deposit used as bond must first be applied to pay restitution to the victim of the crime if the defendant is convicted. Additionally, under Assembly Bill 969, a new form of payment to the victim is created, called recompense. This payment is initiated when a defendant does not meet his or her bond conditions and forfeits his or her cash deposit. A judge may order the defendant to pay a recompense amount to the victim of the crime for which bond was established, using the forfeited cash. The recompense amount is ordered before the defendant is convicted.
While I agree with the goal of the restitution provisions of this bill, which allow cash deposits for bond to be used to get additional moneys to the victims of crimes, I am vetoing Assembly Bill 969 based on the impact of the recompense portions of the bill. One of the bill's authors has actually requested that I do so because of an unintended drafting error which results in a shift of resources in cases where recompense and restitution are ordered. If the restitution amount is less than or equal to the recompense amount already ordered, the restitution is paid entirely to the state general fund. As a result, counties may lose significant amounts of money, even as they work hard to support the circuit court system and provide victim services.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 18, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 1060. This bill defines the term "virtual charter school" as a charter school in which instruction is provided primarily by means of the Internet, and the pupils enrolled in, and instructional staff employed by, the charter school are geographically remote from each other. Current law does not define the term virtual charter school, but also does not prohibit virtual charter schools.
Under current law, any person seeking to teach in a public school (including a charter school) must first procure a license or permit from the Department of Public Instruction (DPI). Assembly Bill 1060 defines "teaching" for the purpose of virtual charter schools to mean assigning grades or credits to pupils.
Current law requires that all "instructional staff" in independent charter schools (City of Milwaukee, Milwaukee Area Technical College, University of Wisconsin-Milwaukee and University of Wisconsin-Parkside) hold a license or permit to teach issued by DPI. Current law also requires each school board to ensure that all "instructional staff" of charter schools that are instrumentalities of the school district hold a license or permit to teach issued by DPI, which has promulgated administrative rules defining "instructional staff" for this purpose. Assembly Bill 1060 specifies that for virtual charter schools, regardless of the chartering agency, "instructional staff" means assigning grades or credits to pupils.
Current law allows regular public schools to charge tuition to non-state residents who attend these schools, but prohibits charter schools from charging tuition to non-resident students. Assembly Bill 1060 expands the authority to charge tuition to non-state residents attending any charter school, including a virtual charter school.
I am vetoing Assembly Bill 1060 because I object to allowing a lower standard for teachers and instructional staff in virtual charter schools than what the law requires for teachers and instructional staff in our public schools, including non-virtual charter schools. The effect of modifying the definition of "teaching" and "instructional staff" under this bill is that for virtual charter schools, only those persons who have responsibility for assigning grades or credits to pupils would be required to obtain a teaching license or permit from DPI. Actual pupil instruction could be delivered by persons without a state-issued license or permit.
A1022
Education is my top priority as Governor, and I strongly believe we need higher standards in our schools. Unfortunately, this bill does just the opposite, lowering the bar on the people entrusted to educate our kids. When it comes to education, I'm a pretty basic guy, and I simply believe that teaching should be done by professional, certified teachers. We shouldn't have a lower standard for students in virtual schools than we have for students in regular schools.
Respectfully submitted,
Jim Doyle
Governor
__________________
April 19, 2006
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 299. This bill eliminates the requirement that a county shoreland zoning ordinance is retained on newly incorporated territory.
We can all agree that Wisconsin's many lakes and rivers are vital to our economic base and our quality of life. While I do not dispute that we need to continue to grow and develop, I believe we can do so in a way that respects our natural resources and our strong environmental legacy. It is clear that in Wisconsin economic development and a clean environment are not mutually exclusive. Wisconsin is leading the Midwest in job growth all the while maintaining our strong environmental protections.
An amendment offered on the Assembly floor would have achieved many of the bill's goals while maintaining a responsible level of stewardship. The counter proposal would have simply required that the annexing city or village have in effect a zoning ordinance, for the newly annexed area. If the city or village does not have an existing ordinance, they would have the option of enacting zoning that ensures that protections are in place and are at least as protective as the standards laid out in the Department of Natural Resources Rule, NR 115.
This would have ensured that basic minimum protections were put in place regardless of who has jurisdiction - the county, the city or village. This does not seem to be an unreasonable standard to meet but was unfortunately rejected by the Legislature.
Since the late 1960s, the shoreland management program has helped to ensure that the best interests of the state and its residents are put first when making land use decisions. Weakening it is not the right thing to do.
Respectfully submitted,
Jim Doyle
Governor
__________________
Executive Communications
State of Wisconsin
Office of the Governor
Madison
April 19, 2006
To the Honorable Members of the Assembly:
The following bill, originating in the Assembly, has been approved, signed and deposited in the office of the Secretary of State:
Bill Number Act Number Date Approved
AB 208 (in part)361April 19, 2006
Respectfully submitted,
Jim Doyle
Governor
__________________
Executive Communications
April 19, 2006
To the Honorable Members of the Assembly:
I have approved
Assembly Bill 208 as
2005 Wisconsin Act 361 and have deposited it in the Office of the Secretary of State. I have exercised the partial veto in sections 1-3, 5-9, 12, 13, 16, 17, 19 and 20 (1).
