STATE OF WISCONSIN
Assembly Journal
One-Hundred and Fifth Regular Session
  FRIDAY, April 23, 2021
The Chief Clerk makes the following entries under the above date:
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Speaker’s Communications
April 20, 2021
Edward A. Blazel
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Blazel:
As the Speaker of the Wisconsin State Assembly, I would like to request the delivery of enrolled bills to Governor Tony Evers' office. Pursuant to Assembly Rule 23 (4), the speaker can call for the delivery of legislation that was approved in both chambers and originated in the Assembly.
The following bills are to be hand delivered to the Governor's office immediately after the cover sheets of the bills are signed by legislative leaders: Assembly Bill 23, Assembly Bill 24, Assembly Bill 232, Assembly Bill 233, Assembly Bill 234, Assembly Bill 235, Assembly Bill 236, Assembly Bill 237, Assembly Bill 238, Assembly Bill 239, Assembly Bill 240, Assembly Bill 241, and Assembly Bill 243.
The bills reflect the consensus of the representatives and senators of the state of Wisconsin. Thank you for delivering the pieces of legislation in a prompt manner.
Sincerely,
ROBIN J. VOS
Assembly Speaker
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Chief Clerk Reports
The Chief Clerk records:
hist132511Assembly Bill 23
hist132512Assembly Bill 24
hist132513Assembly Bill 232
hist132514Assembly Bill 233
hist132515Assembly Bill 234
hist132516Assembly Bill 235
hist132517Assembly Bill 236
hist132518Assembly Bill 237
hist132519Assembly Bill 238
hist132520Assembly Bill 239
hist132521Assembly Bill 240
hist132522Assembly Bill 241
hist132523Assembly Bill 243
Presented to the Governor on Wednesday, April 21, pursuant to Assembly Rule 23 (4).
EDWARD A. BLAZEL
Assembly Chief Clerk
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Governor’s Veto Message
April 22, 2021
To the Honorable Members of the Assembly:
  The following bills, originating in the Assembly, have been vetoed in their entirety, and were returned to their house of origin, together with the objections in writing:
Bill Number   Date of Veto
Assembly Bill 232   April 22, 2021
Assembly Bill 233   April 22, 2021
Assembly Bill 234   April 22, 2021
Assembly Bill 235   April 22, 2021
Assembly Bill 236   April 22, 2021
Assembly Bill 237   April 22, 2021
Assembly Bill 238   April 22, 2021
Assembly Bill 239   April 22, 2021
Assembly Bill 240   April 22, 2021
Assembly Bill 241   April 22, 2021
Assembly Bill 243   April 22, 2021
hist132579I am vetoing Assembly Bill 232 in its entirety.
  This bill directs the Department of Revenue to coordinate with counties and municipalities to provide payments from the state’s allocation of the American Rescue Plan Act of 2021 (ARPA) to property taxpayers equal to approximately 10 percent of the amount of the net property taxes levied on each taxpayer's real property in 2020. The bill requires the Governor to allocate $1,067,824,380 from the state allocation of the American Rescue Plan Act for these payments and an additional $20,000,000 for administrative costs incurred by the Department of Revenue and local governments.
  While I am interested in opportunities to provide meaningful property tax relief to Wisconsinites across our state, I am vetoing this bill for several reasons.
  First, I object because the use of ARPA funds for the type of property tax relief proposed in this bill is almost certainly prohibited under the language of Section 9901 of ARPA, which specifies that federal funds allocated to a state under ARPA cannot be used to directly or indirectly offset any tax. This bill effectively creates a tax rebate, which is expressly prohibited under Section 9901. While the federal government has not issued final guidance regarding the prohibition of such tax relief payments, the plain language of ARPA prohibits the payments outlined in AB 232. If this bill is enacted and the funds spent as directed, the state may be required to repay over $1 billion to the federal government.
  Second, I object to the bill because it is poorly targeted. This bill disburses federal APRA funds as a 10 percent tax rebate to all property owners. It makes no payments to renters and makes no effort to link payments to impacts of the pandemic.
  Third, I object to the bill because it limits the ability to use federal funds with the flexibility necessary to confront the variety of challenges posed by recovery from the COVID-19 global pandemic and respond to Wisconsin’s changing needs over the course of the pandemic and our recovery. In Wisconsin, the role of the Governor to oversee use of federal funds under Section 16.54 of the Wisconsin Statutes is clearly established and has been in place for decades, a fact that was confirmed by legislative leadership in a letter they sent to me in April 2020.
  In lieu of this bill, I will continue to utilize the authority provided to the Governor to oversee use of federal funds in a manner that is transparent and consistent with both Wisconsin’s needs and federal law. Using this authority, I have already announced my plans to invest the new federal funds under ARPA to various economic recovery and well-being, infrastructure, and pandemic response initiatives.
hist132580I am vetoing Assembly Bill 233 in its entirety.
  This bill requires the Governor to allocate $200 million of federal funds received under the American Rescue Plan Act of 2021 (ARPA) for the purpose of providing grants to qualifying businesses. Qualifying businesses under the bill are those which hold a valid business tax registration certificate, had total annual sales of less than $7 million, suffered economic damage resulting from the COVID-19 global pandemic, is not on the list of the Department of Revenue's list of delinquent taxpayers and it is not on the Department of Transportation's list of debarred contractors. The bill specifies that before the department may accept applications for grants under the program, the department must submit a plan for the implementation of the program to the Joint Committee on Finance. The cochairs of the Joint Committee on Finance may then either direct the department to implement the plan or call a meeting of the full committee within 14 days of the plan's receipt to either approve the plan or modify the plan.
  I object to this bill and am vetoing it because it limits the ability to use federal funds with the flexibility necessary to confront the variety of challenges posed by recovery from the COVID-19 global pandemic and respond to Wisconsin’s changing needs over the course of the pandemic and our recovery. In Wisconsin, the role of the Governor to oversee use of federal funds under Section 16.54 of the Wisconsin Statutes is clearly established and has been in place for decades, a fact that was confirmed by legislative leadership in a letter they sent to me in April 2020. Using this authority, I have already announced my intent to direct $600 million of the new federal funds under ARPA to provide additional assistance to small business, and this bill would set up an additional process that would slow down the ability to get a smaller amount of help to Wisconsin small businesses.
hist132581I am vetoing Assembly Bill 234 in its entirety.
  This bill requires the Department of Tourism to award $50 million in grants from funds allocated to the state under the federal American Rescue Plan Act (ARPA) of 2021. Grants would be for nonprofit organizations that promote and develop tourism in the state, and would support the ability of these organizations to remain operational after COVID-19 pandemic challenges. This bill also requires the department to award $25 million in grants from ARPA to organizations that own or operate amusement and theme parks to aid in their recovery from the COVID-19 pandemic.
  I object to the bill and am vetoing it because it limits the ability to use federal funds with the flexibility necessary to confront the variety of challenges posed by recovery from the COVID-19 global pandemic and respond to Wisconsin’s changing needs over the course of the pandemic and our recovery. In Wisconsin, the role of the Governor to oversee use of federal funds under Section 16.54 of the Wisconsin Statutes is clearly established and has been in place for decades, a fact that was confirmed by legislative leadership in a letter they sent to me in April 2020.
  In lieu of this bill, I will continue to utilize the authority provided to the Governor to oversee use of federal funds in a manner that is transparent and consistent with both Wisconsin’s needs and federal law. Using this authority, I have already announced my intent to direct $50 million of the new federal funds under ARPA to provide additional assistance to the tourism industry.
hist132582I am vetoing Assembly Bill 235 in its entirety.
  This bill requires the Governor to allocate $100,000,000 of funds under the American Rescue Plan Act of 2021 (ARPA) for the Wisconsin Economic Development Corporation (WEDC) and Department of Revenue (DOR) for rural economic development and farm support programs. I welcome support for our farmers, agricultural industries, and rural communities, which is why I previously called a special session of the Wisconsin State Legislature to address the pressing issues facing our state and to bolster rural prosperity. Unfortunately, none of those proposals ever reached my desk last session. The $100,000,000 would be divided between $50,000,000 to WEDC for various rural economic development programs, including entrepreneurial start-up efforts in rural counties, and $50,000,000 for farm support grants administered by DOR in consultation with the Department of Agriculture, Trade and Consumer Protection.
  I object to this bill and am vetoing it because it limits the ability to use federal funds with the flexibility necessary to confront the variety of challenges posed by recovery from the COVID-19 global pandemic and respond to Wisconsin’s changing needs over the course of the pandemic and our recovery. In Wisconsin, the role of the Governor to oversee use of federal funds under Section 16.54 of the Wisconsin Statutes is clearly established and has been in place for decades, a fact that was confirmed by legislative leadership in a letter they sent to me in April 2020.
  In lieu of this bill, I will continue to utilize the authority provided to the Governor under Section 16.54 of the Wisconsin Statutes to oversee use of federal funds and will allocate these funds in a manner that is transparent and consistent with both Wisconsin’s needs and federal law. Using this authority, I have announced that I will use ARPA funds to advance several economic assistance programs, including $600 million in assistance to small businesses, which will benefit all regions of the state, including our rural communities and areas.
  Further, I look forward to working with the Legislature to pass my budget proposal, which includes several initiatives which build on the proposals from my previously called special session as well as proposals supported by my Blue Ribbon Commission on Rural Prosperity.
hist132583I am vetoing Assembly Bill 236 in its entirety.
  This bill requires the Governor to direct $150 million from the moneys received under the federal American Rescue Plan Act of 2021 (ARPA) for the Department of Health Services to distribute to nursing homes and assisted living facilities that apply for a onetime payment. To receive a payment, the nursing home or assisted living facility must ensure that no less than 50 percent of the payment provides bonuses to employees subject to limitations that ARPA has on payments to individuals. Further, payments to nursing homes and assisted living facilities may be used for purposes including capital projects and for assisting with integration into the statewide health information exchange system.
  I object to this bill and am vetoing it because it limits the ability to use federal funds with the flexibility necessary to confront the variety of challenges posed by recovery from the COVID-19 global pandemic and respond to Wisconsin’s changing needs over the course of the pandemic and our recovery. In Wisconsin, the role of the Governor to oversee use of federal funds under Section 16.54 of the Wisconsin Statutes is clearly established and has been in place for decades, a fact that was confirmed by legislative leadership in a letter they sent to me in April 2020.
  In lieu of this bill, I will continue to utilize the authority provided to the Governor under Section 16.54 of the Wisconsin Statutes to oversee use of federal funds and will allocate these funds in a manner that is transparent and consistent with both Wisconsin’s needs and federal law.
hist132584I am vetoing Assembly Bill 237 in its entirety.
  This bill requires the Governor to deposit federal funding allocated through the American Recovery Plan Act (ARPA) of 2021 into the unemployment insurance trust fund to maintain the lowest unemployment insurance tax rate schedule, as set forth in Wis. Stat. s. 108.18(3m)(d), in effect through the end of calendar year 2023.
  I am vetoing this bill due to several objections. First, the use of ARPA funds outlined by this bill may be prohibited under the language of Section 9901 of the American Rescue Plan Act of 2021, which specifies that federal funds allocated to a state under ARPA cannot be used to directly or indirectly offset or reduce currently imposed taxes through a change in state law or regulations. While the federal government has not issued final guidance regarding this prohibition, implementing Assembly Bill 237 when it could be in violation of federal law may result in Wisconsin having to repay significant amounts of money to the federal government, and would unnecessarily jeopardize current or future federal funding for Wisconsin.
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