Capitol Connection
By State Senator Joe Leibham
March 26, 2008
VOTERS CAN STOP ABUSE OF VETO PEN
On the Tuesday, April 1 ballot, voters across Wisconsin will have the opportunity to answer a referendum question and decide whether we should amend our constitution and restrict the power of the veto pen currently provided to the Governor of our State. Specifically, the question on the ballot will read:
Partial veto. “Shall section 10 (1) (c) of article V of the constitution be amended to prohibit the governor, in exercising his or her partial veto authority, from creating a new sentence by combining parts of two or more sentences of the enrolled bill?"
Approval of this question would end an abusive practice that has come to be known as “the Frankenstein Veto” by prohibiting any Governor in the future from vetoing words in order to create new sentences and, as such, drastically altering the legislative intent of a spending proposal.
Below is a recent example of this abuse. The following paragraphs are from pages 373 & 374 of the 2005-07 state budget as it was approved by the state legislature. Everything, in italic print was vetoed by Governor Jim Doyle. What remains are the non-vetoed, underlined & bolded words and numbers. Governor Doyle took these remaining non-vetoed words and numbers, strung them together into a new sentence and transferred $427 million out of the state’s Transportation Fund and spent it in the general budget.
My comments are inserted in regular type to explain the veto:
In the following section of the budget, which originally related to the Marquette Interchange, the Governor vetoes the language that is italicized and retains the words that are in bold and underlined:
(4f) AGENCY REQUEST RELATING TO MARQUETTE INTERCHANGE RECONSTRUCTION PROJECT BONDING.
Notwithstanding section 16.42 (1) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2007−09 biennial budget act, the department of transportation shall include recommended reductions to the appropriation under section 20.395 (3) (cr) of the statutes for each fiscal year of the 2007−09 fiscal biennium reflecting the transfer from this appropriation account to the appropriation account under section 20.395 (6) (au) of the statutes, as created by this act, of amounts for anticipated debt service payments, in each fiscal year of the 2007−09 fiscal biennium, on general obligation bonds issued under section 20.866 (2) (uup) of the statutes, as created by this act.
Next, in a section of the budget that originally dealt with passenger rail service, the Governor retains a few words:
(4w) PASSENGER RAIL SERVICE.
(d) If, in considering a request made under paragraph (a), the joint committee on finance determines that $572,700 in fiscal year 2005−06 or $629,900 in fiscal year 2006−07 is not sufficient to fund passenger rail service, the committee may supplement the appropriation account under section 20.395 (2) (cr) of the statutes, from the appropriation under section 20.865 (4) (u) of the statutes, by an amount that would not cause the transportation fund to have a negative balance. Notwithstanding section 13.101 (3) of the statutes, the committee is not required to find that an emergency exists prior to making the supplementation.
Next, in a section of the budget that was to provide $484,000 for street lights in the Village of Oregon, the Governor retains a few words and numbers:
(5f) VILLAGE OF OREGON STREETSCAPING PROJECT. In the 2005−07 fiscal biennium, from the appropriation under section 20.395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes of $484,000 to the village of Oregon in Dane County for a streetscaping project…..
Finally, in a section of the budget that was to provide funds for a rail crossing and ramp in Chippewa, the Governor retains a few numbers:
(5g) CHIPPEWA COUNTY CROSSING AND RAMP. In the 2005−07 fiscal biennium, from the appropriation under section 20 .395 (2) (nx) of the statutes, the department of transportation shall award a grant under section 85.026 (2) of the statutes of $80,000 to Chippewa County for the construction of a pedestrian−railroad crossing and handicap−accessible ramp…..
If you now take the non-vetoed words and numbers, the Governor created the following new sentence and new state law: the department of transportation shall transfer to the general fund from the transportation fund In the 2005−07 fiscal biennium $4 2 7 0 0 0,000
That’s right, with the creative use of his veto pen, Governor Doyle strung together the necessary words and numbers to transfer $427,000,000 from the “transportation fund budget” to the “general fund budget.”
If you believe, like I do, that this is an abuse of the veto pen, you will want to vote “YES” on the referendum question on Tuesday’s ballot. Voting “YES” will restrict any Governor in the future from doing this creative vetoing, restore balance to the legislative process and protect taxpayers. As a citizen, a legislator and a taxpayer, I plan to vote “YES” on Tuesday and I encourage you to do so as well.
As always, it has been a pleasure communicating with you. Please remember to communicate with me and share your input by calling 888-295-8750, writing to me at P.O. Box 7882, Madison, WI 53707-7882, or by e-mailing me at Sen.Leibham@legis.state.wi.us. You can also log on to the 9th Senate District on-line office at www.leibhamsenate.com.
It is an honor representing the residents of the 9th District in the State Senate!