NOVEMBER 4, 2019
LAWMAKER SERIES
STATE BUDGET PROTECTION ACT (SJR 59)
THE ZOMBIE VETO: WHEN DEAD SPENDING COMES BACK TO LIFE
By: Senator David Craig (R- Big Bend)
Chairman, Senate Committee on Insurance, Financial Services, Government Oversight, and Courts
With the simple stroke of his pen, Governor Tony Evers unilaterally increased state expenditures by over $100 million in the last Budget through the use of a partial veto. Rightfully dubbed the “Zombie” veto by the media, this imaginative use of the partial veto actually increased spending without any legislative deliberation or approval.
 
Now, in response to this latest executive overreach and to ensure that both the legislative and executive branches of government stay within their constitutionally-provided realm of authority, Rep. Mike Kuglitsch and I, have drafted a constitutional amendment, the State Budget Protection Act , to ensure that no governor in the future would be allowed to increase spending through the use of a partial veto. This resolution will kill the “Zombie” veto in its tracks and constitutionally reinforce the legal tenets limiting the partial veto pen.
 
Due to the unique power of the partial veto being vested in the Governor, various chief executives of Wisconsin have sought to infringe on the exclusive realm of the Legislature. In recognition that the governor’s partial veto authority is not omnipotent, both the Wisconsin Supreme Court and the Legislature have placed limits on how far the governor may wade in the waters of lawmaking and expenditure of state funds like the “Vanna White Veto” and the “Frankenstein Veto” both of which have since been limited by the courts and voters.
 
This time Governor Evers used his veto pen to increase state expenditures by circumventing the legislative process, thereby increasing the tax burden (albeit indirectly) on Wisconsin families by using general purpose revenue (GPR) to pay for the increases. This could lead to increased obligations for all taxpayers.
  
It is well established legal doctrine and common knowledge that the power to create laws as well as spend funds lies totally within the Legislature’s sphere of authority. In fact, the concept of the “the power of the purse” originated in the U.S. Constitution and was included by our Founding Fathers as a “balance of power” mechanism used to keep the executive branch of government in “check”. 
 
Historically, the partial veto has been pared back to limit of the executive branch’s authority and return power over the appropriation and expenditure process back to the legislature. By passing Senate Joint Resolution 59, the legislature will continue its historical trend to prevent gubernatorial intrusion into the legislative purview, regardless of which political party holds the executive branch, and would shield taxpayers from further unilateral, unauthorized spending of taxpayer money by any future governor. 
NEWS FROM THE CAPITOL AND AROUND WISCONSIN
MAJORITY LEADER FITZGERALD ASKS GOV. EVERS TO WITHDRAW AG SECRETARY NOMINATION
Senate Majority Leader Scott Fitzgerald late last week requested that Governor Tony Evers to rescind his nomination of Brad Pfaff as Secretary of the Department of Agriculture, Trade and Consumer Protection.

According to a spokesperson from Senator Fitzgerald's office, the leader believes there are not enough votes to confirm Pfaff as the DATCP Secretary on Tuesday when the State Senate is scheduled to vote on the appointment. If the State Senate votes to not confirm the appointment, Pfaff would lose his job.

Governor Tony Evers says he will not rescind his nomination of Pfaff, and in a statement on Sunday afternoon, the Governor said "it is astonishing that in the middle of a dairy crisis and trade war, Republicans want to create even more uncertainty and instability by firing the leader of the agency charged with fighting for Wisconsin's farmers and rural communities."

Republicans clashed with Pfaff most recently over suicide prevention funding for Wisconsin's farmers. Other speculation pointed to Pfaff running for State Senate in 2004 against GOP Senator Dan Kapanke.

The last time a nominee was fired from their position was 1997, according to the Senate Chief Clerk. To date, Evers' nominees for Secretaries of the Departments of Administration, Corrections, Revenue, Veterans Affairs, and Department of Financial institutions have been confirmed.
BIPARTISAN PROPOSAL WOULD ALLOW COLLEGE ATHLETES TO BE PAID
A bipartisan bill is being drafted in the legislature that would allow college athletes to be paid for their likenesses and names, which is currently prohibited under state law.

California recently passed a "Fair Pay to Play" law, which made it illegal for university sports to revoke scholarships for their decision to take money for sponsorships and endorsements. The NCAA would also be prohibited from penalizing schools that allow such activity.

Similar legislation has been introduced in more than a dozen other states, and last Tuesday, the NCAA's governing body voted to update its policies to allow for student athletes to profit off of their names and images.
9/11 MEMORIAL HIGHWAY BILL SIGNED INTO LAW
Governor Tony Evers last week signed Senate Bill 433 into law, which establishes the Wisconsin 9/11 Memorial Highway, as well as the Wisconsin 9/11 Memorial and Education Center.

The bill directs the Wisconsin Department of Transportation to construct and maintain signage for the highway, which begins at Interstate 41 and Highway 28 in Dodge County, and runs to Highway 144 in Washington County.

Governor Evers said the bipartisan legislation was about unity, as well as honoring the tragic events of September 11, 2001. Evers also made mention of the 12 individuals with ties to Wisconsin who were killed on that day- one from Kewaskum. Governor Evers was also on hand for the unveiling of the rendering of the 9/11 Memorial Education Center, where a one-ton steel beam from the north tower of the World Trade Center was revealed.
STUDENT TEST SCORES SHOW WISCONSIN HAS WIDEST RACIAL ACHIEVEMENT GAP
According to the National Assessment of Educational Progress results, standardized tests taken around the country, Wisconsin has the largest racial achievement gap among students in the United States.

For students in grades 4 and 8, in both reading and math, the NAEP scores showed that Wisconsin's gap between white and black students' results were the largest of any state, and second only to Washington, D.C. Both Milwaukee and Madison's public schools have perennially scored among the worst, if not the two worst, cities in the nation for racial achievement gaps.

As previously reported by WPT, some lawmakers are considering legislation that would expand 4-year-old kindergarten. According to The Cap Times, "early childhood education is often cited as a key opportunity to close the gap."
CITY OF MILWAUKEE COUNCIL COMMITTEE APPROVES PROVIDING CASH HANDOUTS
Milwaukee Alderwoman Chantia Lewis has proposed a new pilot program that has some individuals turning their heads now that the measure has made its way past the city's key Finance and Personnel Committee.

The $100,000 proposal would create a new pilot program that would give fifty low-income Milwaukee families $500 per month of "basic monthly income." The families would also be given financial literacy resources to assist them once the program has expired. As the proposal is written, the $100,000 to fund the pilot program would be taken directly from the Milwaukee Police Department's budget.

In a press released issued on Halloween, Alderwoman Lewis said she proposed the creation of the program "to reinvest in our people."
PALMYRA-EAGLE VOTERS BEING SENT BACK TO THE BALLOT
Votes in the Palmyra-Eagle Area School District earlier this year voted "no" on a referendum that would have given the school district $11.5 million for operational costs.

Leading up the referendum, school district officials cavalierly threatened voters that if they did not increase their own property taxes, the school district would take the actions required to disband, leaving families scrambling to find new schools for their children.

In July, the local school board officially voted to dissolve the district. Now, the school district has put an advisory referendum on the ballot in tomorrow's local election, where voters will ask whether they believe the school district should be dissolved. The vote is merely advisory, and is not binding.

Another layer of bureaucracy is also weighing in later this week. The School District Boundary Appeal Board is scheduled to hold public hearings on the 7th, 14th, and 21st of this month to glean perspective and testimony from the public on this issue.
WEEKLY MEMBER POLL
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WEEKLY MEMBER POLL RESULTS
After reading Rep. Goyke's article regarding the push to allow Milwaukee County to raise its own sales tax, what are your thoughts?
Milwaukee needs to fund better police protection. If residents call police in off hours, rarely do they come and investigate.

I think having a state imposed cap on local spending is great.

Same old thing "Tax & Spend". Next year the same request again. Things never change in Milwaukee. Liberalism at its finest!

Too much paper work for companies doing business outside of Milwaukee county.

I understand that the counties and local gov'ts do not receive as much help from the state or federal gov't as was the case in the end of the last century. Unfortunately gov't at all levels have become so huge with so many bureaucrats because of bloated regulations, that things have just spiraled out of control. Remember when counties were allowed to add a county sales tax, and we were promised once the "building project" was paid for, the tax would go away!? Has any county repealed their .5% sales tax? The problem with gov't is if they have money, they spend it, they need to learn to live with what they have, like you and me. One way to clean up gov't is term limits at every elected position from local right up the President (which we do have). There should be no career politicians. We also need to cut the bureaucratic positions at all levels of gov't by over half. Way too many lazy people working for the gov't.

Counties should be able to adjust their sales tax.

The Goyke bill would be an unlimited license to spend more and more taxpayer money by continually inching up the sales tax. Other areas besides Milw. would want to do the same thing.

local control is better than state control

Milwaukee County needs new leaders who can balance a budget and fix the County problems

First of all I always doubt anything someone with a "D" behind their name says. Completely biased for sure. However I'm sure that over time funding mechanisms/fundamentals have changed. Maybe it does need a look.

Funny how the economic hub of Wisconsin is having trouble generating tax revenue..

Why is it that the first thing to cut is police and fire? Why not cut something that has little to do with quality of life? Let me at the books, I can find plenty to cut

It looks like a blank check to me
What do you think of the bipartisan proposal that would change the expungement process in Wisconsin?
People should have the right to turn their life around.

Same as confession. If you are truly sorry you are forgiven. The same should be given to people that have paid their debt to society. Only each individual person know the true answer .

It would depend on the crime.

Good for those who want to reform,bad for hardened criminals. Milwaukee judges would expunge everybody's crimes based on their present leniency!

making a mistake when you are young shouldn't carry a life sentence except for murder

I like the idea of being rewarded for good choices and hard effort. This seems like a step in that direction.

...They would likely be required to show how they have bettered themselves and contributed to society. Not they would likely be required.....they better be required. I'm just worried about the people making the decision. If they are truly reformed? All for it.

the idea is good but it seems individuals that have a second chance do not seem the light but go back to their old ways

I'm sure there are cases where the person has "grown up" from the mistakes they have made in their past, however there are certain industries that would risk alot of money if someone had a prior conviction and then relapsed and caused a problem. Secondly I lost a lot of trust for the judiciary. To many liberal politically motivated judges who have nothing to lose and no consequences for their actions.

any one should be able to clear their record

They broke the law period!
Senate Majority Leader Scott Fitzgerald said he will likely adjourn the Governor's special session on gun violence as soon as it is called to order, without holding a vote. Good idea or bad idea?
When families identify someone who is a gun violence risk, something needs to be done before someone ends up dead. We are able to arrest terrorists before they act, why not others?

A Governor(happens to be D) calls a special legislative session.... The SenateLeader (happens to be R) gavels the session open then immediately adjourn... Thus: legislators collect a "Day's Pay" (or per deim allottment) for 5 seconds "WORK"

Republicans could take the lead on this and focus on solutions on what it really is people violence as a gun never did anything by itself

To discfuss fine but without due process on so-called Red Flag laws, any change should be dead in the water

Just us the laws that are on the books.

Governor Evers needs to start being the governor of everyone in Wisconsin, not just his left leaning base.

Waste of time...

The majority of people in the state want some action. Come on legislators do your job!!

We have enough gun laws and more laws are not going to correct the problem, what need is more money for mental health

The gun isn't the issue - the PERSON who picked up the gun is the place we need to focus!

stall and delay. not what we want from our politicians...

Something needs to be done about the gun violence in our country. Our federal government can't seemt to get anythilng started so we need to take it at the state level.

have a hearing and then adjurn.

I don’t understand why legislators are so afraid to act on this issue

Rhetoric

It's not the guns its the people
A bipartisan proposal would make Colby the official cheese of the State of Wisconsin. Good idea or bad idea?
Wisconsin has so many good cheeses like: Grande's provolone and Widmer's Brick.

Do we need focus of valuable legislative time on this?

Why spend any time on this type of thing.

Personally I like colby cheese, but this is the type of stupid things our gov't wastes its time on, and the reason our gov't is broken! I'm sick of these kinds of proposals what a waste of taxpayer money.

I don't know. Is Colby that popular? I would think cheddar is the most popular.

We make way more cheddar cheese

I bet sales of Colby have been declining over recent years, and this is a marketing tactic.

What's the point of it? Don't see the benefit. Wasted tax dollars and don't we have more important issues to worry about? And our elected officials have more important issues to spend their time on than this?

I do not know which cheese was first developed in Wi but don't we have better things to do

My favorite type of cheese, but don't we have bigger issues to attend to?

I could care less about a "state cheese"

good cheese!

I think time wasted how does this fix roads and educate children?

Why? there is no reason to make a state anything. Or we could have a yearly state idiot.

Why not Cheddar

Yes they should colby the official cheese,, I have some in my fridge right now.. I always buy it.
Gov. Tony Evers has created a "Complete Count Committee" for the 2020 Census. After reading the article, what do you think?
Wisconsin wants a good count and our fair share of federal funds.

I am unclear what it will solve! I am concerned as a taxpayer it will cost money and create more bureaucracy.

Political posturing. Waste of our time

Is a good idea, but each person should only be counted once and everyone needs to be counted.

Once again, our gov't finding ways to waste more money, REALLY?

Evers sure likes making committees and studies. Does this cost the state even more???

Lets get everyone counted

Another example of inefficient effort by a bureaucracy, catering to a fraction of the population.

Another committee? The current census has a job to do...another committee, waste of tax dollars. Just more high paid officials with no results....again

He is hell bend on spending taxpayer money on studies or committees

I don't trust anyone Evers appoints to any task.

More government burden. Typical of a life long government employee.

path to sanctuary city/state

The higher population would help us get more federal money

Another waste of time get nothing accomplished committee

Yes everyone should be counted.. and it helps where money is needed.
LEGISLATION
BILLS SIGNED INTO LAW OR VETOED
Senate Bill 433; Relating to: designating the Wisconsin 9/11 Memorial Highway and directional signage for the Wisconsin 9/11 Memorial and Education Center. ( 2019 Wisconsin Act 20)
BILLS IN CIRCULATION
LRB-4663   Memo  Adoption Program (Vining, Robyn) The Wisconsin Adoption and Permanency Support program and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-4665   Memo  Child Adoption (Subeck, Lisa) Adoption of children in foster care and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-4666   Memo  Driver Education (Doyle, Steve) Driver's licenses for youth in out-of-home care and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-4667   Memo  Sibling Search (Myers, Lakeshia) Searching for a biological sibling who has been adopted, granting rule-making authority, and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-4694   Memo  Tuition Remissions (Crowley, David) University of Wisconsin and technical college tuition remissions for and grants to support foster care and other out-of-home placement students and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-4668   Memo  Sibling Connection Scholarships (Subeck, Lisa) Scholarships for sibling connections and making an appropriation. Deadline: Tuesday, November 5, Noon

LRB-2695   Memo  Implements of Husbandry (Tittl, Paul) Repair and replacement of implements of husbandry under warranty. Deadline: Thursday, November 7, 5 pm

LRB-4764   Memo  Joseph Tregoning (Novak, Todd) Honoring the life and public service of Joseph "Joe" Tregoning. Deadline: Wednesday, November 6

LRB-1247   Memo  Emergency Detention Transport (Born, Mark) Transport for emergency detention. Deadline: Friday, November 8, 5 pm

LRB-3366   Memo  Household Tax Credit (Sargent, Melissa) Creating a nonrefundable individual income tax credit based on the federal tax credit for certain expenses for household and dependent care services and sunsetting a deduction based on the same expenses. Deadline: Wednesday, November 13, 5 pm

LRB-3040   Memo  Animal Care (Smith, Jeff) Standards for care and shelter of animals and providing a penalty. Deadline: Thursday, November 13, 5 pm

LRB-3747   Memo  Marijuana Decriminalization (Risser, Fred) Decriminalizing 28 grams or less of marijuana. Deadline: Friday, November 15, 4pm

LRB-3603   Memo  Marijuana Decriminalization (Stubbs, Shelia) Decriminalizing 28 grams or less of marijuana. Deadline: Friday, November 15, 4 pm

LRB-4633   Memo  Propane Council Assessment (Petrowski, Jerry) Authorizing the Wisconsin Propane Education and Research Council to levy an assessment. Deadline: Friday, November 8, 5 pm