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Capitol Notes
WI: Weekly Political and Legislative Update |
TO: Clients/Friends of Capitol Consultants, Inc./Wimmer & Company, S.C.
FROM: Capitol Consultants, Inc. & Wimmer Company, S.C.
DATE: June 16, 2011
SUBJECT: State Senate Passes the Budget
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State Senate passes the budget on a party-line 19-14 vote
19 hours after the Wisconsin State Assembly passed the State Budget, the Wisconsin State Senate passed the budget on a party-line 19-14 vote. The Senate concurred in the version of the bill that passed the Assembly, there were no amendments adopted in the Senate.
Similar to efforts made by their colleagues in the Assembly who offered 40 amendments, Democratic members of the State Senate offered 8 omnibus amendments of their own, all of which were tabled on a 19-14 vote.
Below is a limited summary of the amendments that were proposed but were NOT ADOPTED:
- Senate Amendment 1 (Jobs): increase capital for the WI Growth Fund, repeal changes to the WiscNet program.
- Senate Amendment 2 (Education): increases funding to K-12 by $356 million, repeals expansion of the school choice program.
- Senate Amendment 3 (Health Care): require the state to continue applying for the federal waiver that allows the SeniorCare program to continue operating, prohibit changes to the BadgerCare program that would take away coverage without legislative approval.
- Senate Amendment 4 (Govt Function): eliminate political appointee positions, remove discretionary spending from Secretary of DOA, insure disclosure of statements of economic interest.
- Senate Amendment 5 (Local Govt): changes to payday loan law, restore money for police and fire protection, provide DAs with additional position authority,
- Senate Amendment 6 (Transportation): adds 2 percent to General Transportation Aids for municipalities and counties, provides $2.4 million to intercity bus funding and $1.35 million for bicycle and pedestrian grants.
- Senate Amendment 7 (Environment): restores current law bonding authority for the Stewardship Program, fully restores recycling grants and repeals the proposed elimination of the Office of Energy Independence.
- Senate Amendment 8 (Collective Bargaining): repeal the collective bargaining changes included in 2011 Wisconsin Act 10.
The $66 billion budget closes a $3 billion shortfall without relying on tax increases. The plan does raise spending of state and federal money by $1.1 billion, or 1.8% over two years, but leaves the state with an estimated $300 million surplus in its main account two years at the end of the two-year budget.
The bill is now on its way to Governor Walker's desk for his veto review and signature. (See article below on Governor's Veto Authority)
Trailer bill to follow:
Since the bill passed the Assembly this morning a drafting error was uncovered that could, if not changed, allow for school choice vouchers in school districts beyond Milwaukee and Racine. Under the budget bill, Racine would begin a school choice program right away but other school districts could eventually meet the criteria to be folded into the program. Senate President Mike Ellis (R-Neenah) said senators oppose the way the budget provision was drafted. He said the Senate would pass the budget as it is written, but then soon pass a separate bill that would ensure school vouchers are not expanded beyond Racine. The governor's office has indicated the Governor will sign the bill and also will not use his veto pen to expand the vouchers program statewide in the budget.
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Review of Governor's Veto Authority
Article V, Section 10, of the Wisconsin Constitution provides the Governor with the power of partial veto for any appropriation bill, including the biennial budget bill. The Governor may selectively "delete" portions of the budget bill. Thus, both language and dollar amounts in a budget bill may be vetoed by the Governor.
However, the Governor may not create a new word by rejecting individual letters in words, and may not create a new sentence by combining parts of two or more sentences. Typically, a Governor will partially veto a number of provisions in the legislatively-enacted budget bill, although the vast majority of the bill will become law in the form as passed by the Legislature. The budget bill (less any items deleted by the Governor's partial veto) then becomes the state fiscal policy document for the next two years. Just as with a Governor's veto of a bill in its entirety, the Legislature has a chance to review a Governor's partial vetoes and may, with a two thirds vote by each house, enact any vetoed portion into law, notwithstanding the objections of the Governor.
[Portions excerpted from Legislative Fiscal Bureau Informational Paper 75-State Budget Process] |
Reaction to passage of the budget
Governor Scott Walker:
I am proud of the work done by the Legislature, which passed a budget today that isn't built on accounting gimmicks, use of one time money for ongoing expenses, or tax increases. The budget approved by the Legislature is an honest document that balances Wisconsin's $3.6 billion budget deficit so that our children and grandchildren aren't saddled with mountains of debt in the future. Moving forward, I plan on taking time over the next two weeks to review the changes made by the Legislature prior to signing the bill before June 30th. I remain confident that the Senate and Assembly passed a budget that met and exceeded the goal of balancing the budget by cutting spending and not increasing taxes.
Senate Majority Leader Scott Fitzgerald (R-Juneau):

"What Republicans did to fix this mess is nothing short of incredible. We turned a $3 billion deficit into a $300 million surplus, and we did it on time and under budget.
"Gov. Walker and the Republicans inherited an absolute mess: a broken economy, a $3 billion structural deficit, runaway government spending, property tax hikes and billions in tax hikes on job creators and families. That's the Democrats' legacy in Wisconsin.
"The Republicans fixed this mess with real spending cuts, no tax hikes, a permanent property tax cap for the first time in our state's history, and a real focus on jobs and the economy. We kept our promises to the people of Wisconsin, and we did it without pushing the problems off to the next generation.
"This budget brings a long-overdue change to a broken government. Maybe that's the fundamental difference between Republicans and Democrats: Democrats promise change... Republicans deliver it"
Former Senate President Fred Risser (D-Madison)
"Sweetheart deals and concrete at the expense of our children, families and our communities.
The Budget Bill crafted by Governor Walker and Legislative Republicans is one of the most shameful and immoral I have seen in my tenure. The Republican Legislature stole money from public schools to build new highways and they raised taxes on those with lower incomes to fund sweetheart tax breaks for their wealthy friends. Consider this: the Republican's, rather than cutting spending in the budget, actually spend over $1 billion more than the previous biennial budget. The Republicans shift $1.6 billion away from public schools to help fund private and voucher schools, raise taxes on working families and senior citizens by $70 million, raid segregated funds (Stewardship Fund for example), and increase property taxes on the middle class by $483 million.
While the Republicans were patting themselves and their CEO friends on the back for their work, they pushed aside the most vulnerable members of our communities, children and adults with disabilities, and seniors, and cut or significantly reduced programs and services that help these individuals.
Budget bills are more than just numbers; they should reflect the priorities we have as a state - as a whole, not just those that live in gated communities." |
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Governor Walker appoints Nowak to PSC
Governor Scott Walker named Ellen Nowak as one of three Public Service Commissioners today, joining Chairman Phil Montgomery and Commissioner Eric Callisto on the Public Service Commission (PSC). "Ellen's experience and unique skill set will be a great addition to the Public Service Commission," Governor Walker said. "An important role of the Public Service Commission is to ensure fairness and responsibility when it comes to utility costs and quality for Wisconsin consumers, and I know that Ellen will fulfill her duties with zeal." Waukesha County Executive Dan Vrakas said that "Ellen Nowak has served the citizens of Waukesha County with integrity and dedication. Governor Walker has chosen wisely and Ellen will be an outstanding member of the Public Service Commission." Ellen Nowak comes to the PSC after serving as chief of staff to Waukesha County Executive Dan Vrakas. Prior to her service in Waukesha, Ellen was legal counsel to the Speaker's office in the Wisconsin State Assembly from 2002-2006 and promoted to chief of staff in 2006. Ms. Nowak received her Juris Doctor from Marquette University Law School and her Bachelor's Degree in Political Science from the University of Wisconsin-Milwaukee. "I thank Governor Walker for the opportunity to serve my fellow Wisconsinites on the Public Service Commission," Ellen Nowak said. "I look forward to the important work ahead of us and serving with Chairman Montgomery and Commissioner Callisto."
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All Capitol Entrances will reopen on Monday
Department of Administration Secretary Mike Huebsch announced today that all eight ground floor entrances to the State Capitol Building will be open to the public on Monday, June 27, 2011 and that metal screening will be discontinued.
The change in building security was agreed upon this week after a day-long mediation with the Wisconsin State Employees Union (WSEU) and other plaintiffs, who filed a lawsuit over entry procedures at the Capitol in March. Under the agreement, DOA retains its authority under the Wisconsin Administrative Code to adjust security and change practices and procedures in the building as circumstances require. The lawsuit and subsequent contempt motion will be dismissed.
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