Wisconsin
Wisconsin's partial veto has stood for nearly a century. The Wisconsin Supreme Court will give it another look.
While dozens of other states have line-item vetoes, Wisconsin stands alone when it comes to the power it gives its governors through what’s known as the partial veto. Now, it’s up to the Wisconsin Supreme Court to decide whether it stays that way.
The state’s partial veto dates back to 1930, when concerns about state lawmakers adding multiple appropriation and policy items into what are known as omnibus bills came to a head. The Wisconsin Constitution was amended to give more power to governors to reject those items, one by one.
“Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law,” the new amendment read.
Stay informed on the latest news
Sign up for WPR’s email newsletter.
According to a study by the Wisconsin Legislative Reference Bureau, proponents believed governors needed a check on the new budgeting process. But opponents worried giving governors more veto authority extended the already broad powers of the executive branch.
When he was campaigning for governor, Phillip La Follette said the proposal to expand veto powers “smack[ed] of dictatorship.” The amendment was approved by around 62 percent of voters in 1930, and after he was elected, La Follette became the first governor to use it.
Nine times, the Wisconsin Supreme Court has heard challenges to the partial veto. The case now pending before the Wisconsin Supreme Court will make it an even ten.
Evers used partial veto to extend school funding increase for 400 years
The latest challenge focuses on Gov. Tony Evers’ partial veto in the last state budget, which extended a school funding increase through the year 2425. It’s the latest of many attempts to restrict a veto power that a federal judge once described as “quirky.”
Evers’ partial veto last summer caught the Republican-controlled Legislature by surprise. By crossing out a 20 and a dash before he signed the state’s two-year budget, Evers authorized school districts to collect additional property taxes to fund a $325 per-pupil increase for more than 400 years. The Legislature intended the increase to expire in two years.
Republican lawmakers were outraged. The GOP-controlled Wisconsin Senate voted to override Evers’ veto, but the Assembly never followed suit.
The challenge the Wisconsin Supreme Court agreed to hear Monday, which was brought by the business lobbying group Wisconsin Manufacturers and Commerce, alleges Evers’ veto violates the state’s constitution. The first legal briefs are due by July 16.
Democratic and Republican governors have used partial vetoes extensively
Evers’ latest veto received national attention, but he was hardly the first Wisconsin governor to push the limits of the unique power.
Former Republican Gov. Scott Walker struck individual digits from dates written in the 2017 state budget to change a one-year moratorium on school referendums aimed at raising taxes for energy efficiency projects into a 1,000-year moratorium. The Supreme Court’s former conservative majority threw out a challenge to Walker’s veto because it was filed too late.
Former Democratic Gov. Jim Doyle used his partial veto to combine parts of unrelated sentences in the 2005 budget to move more than $400 million from the state’s transportation fund into the general fund. That led to a constitutional amendment in 2008 at preventing future governors from using what became known as the “Frankenstein Veto.”
With his first state budget in 1987, former Republican Gov. Tommy Thompson partially struck phrases, digits, letters and word fragments, using what was known as the “Vanna White” veto, to create new sentences and fiscal figures. The Supreme Court upheld Thompson’s partial veto, but in 1990, voters approved a constitutional amendment specifying that governors cannot create new words by striking individual letters.
University of Wisconsin Law School State Democracy Research Initiative Attorney Bryna Godar told WPR governors have gotten creative with how they’ve used partial vetoes, “but we now have this very long standing practice that is really codified in state law.”
Godar said even the constitutional amendments aimed at restricting a governor’s partial veto powers were — in some way — a stamp of approval from the Legislature.
“They didn’t completely do away with this,” Godar said. “If people really wanted that, you could argue that they could have amended the constitution to completely do away with this type of partial veto.”
Godar said it’s possible that current lawmakers don’t want to restrict partial veto powers too much in case the current political power structure of the Legislature and Governor’s office switch in the future.
Until 2020, Supreme Court generally allowed partial vetoes to stand
For as long as Wisconsin has had a partial veto, there have been lawsuits about how governors have used it.
The first came in 1935 and challenged the governor’s partial veto of an emergency relief bill, which approved funds but struck provisions related to how the Legislature wanted the money to be spent. The court upheld the partial veto so long as the remaining language equates to “a complete, entire, and workable law.”
Future courts upheld partial vetoes in 1936, 1940, 1976, 1978, 1988, 1995 and 1997.
Things changed in 2020 when three of four partial vetoes by Evers in the 2019 state budget were struck down by the Supreme Court’s former conservative majority. But instead of a single majority opinion, the court issued what’s known as a fractured ruling. There were four opinions issued by justices that provided different tests for whether a partial veto can be constitutional.
“Those vetoes in that case were pretty in line with what governors from either party have done in prior decades,” Godar said. “They weren’t a significant departure from how this has been used in the past, but the court struck down three of them.”
But not having a “unified majority opinion” in the 2020 case, Godar said the court didn’t offer clear reasoning on how governors can use the partial veto in the future. But that could change in the latest case challenging Evers’ veto.
“I am really curious to see how the court rules in this case,” Godar said. “Because I think they will tell us a lot about what type of partial veto we will have going forward, and if it will continue to be this pretty broad, granular veto, or if it will be more based on subject matter.”
Looking at the big picture, Godar said the question is whether the legislative and executive branches are “striking the right balance” of power.
“And so, it is ultimately up to the Legislature and the people if they want to restrict it more significantly, which they could do in the future,” Godar said.
Meanwhile, Republican lawmakers are pushing for another constitutional amendment in reaction to Evers’ latest veto. Earlier this year, the Legislature passed a proposed amendment aimed at keeping future governors from using the partial veto pen to “create or increase or authorize the creation or increase of any tax or fee.”
Before the new language can be added to the constitution, the measure must pass the full Legislature during the next legislative session and be approved by voters in a statewide referendum.
Wisconsin Public Radio, © Copyright 2024, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board.
Wisconsin
Merrill Fire Department highlights benefits of Wisconsin Fire Dues Program – Merrill Foto News
State presents check for $50,000 to Merrill Fire Chief
On Sept. 3, 2024, Wisconsin Department of Safety and Professional Services (DSPS) Secretary Dan Hereth and Wisconsin Commissioner of Insurance Nathan Houdek presented a ceremonial check for more than $50,000 to City of Merrill Fire Department Chief Josh Klug. The check representes the department’s share of funding from the Wisconsin 2% Fire Dues Program.
“Safety is a vital part of our department’s mission, and our state fire departments are the backbone of safety in Wisconsin communities,” said DSPS Secretary Dan Hereth. “Ensuring that safety means funding our fire departments, and the Fire Dues Program is a major source of funding.”
The 2% Fire Dues Program requires insurers to pay 2% of premiums collected for insurance against loss from fires. The Office of the Commissioner of Insurance (OCI) collects the dues, and DSPS distributes the dues to hundreds of cities, villages, and towns across Wisconsin according to a prescribed formula. This summer, Wisconsin professional, volunteer, and hybrid fire departments received a total of $32.2 million, a nearly $4 million increase over 2023.
“This program is all about prevention. Fire departments across our state can take their share of the Fire Dues funding and put it towards the programs that best serve their communities. We’re proud to play a part in this collaboration,” said Commissioner Houdek.
Wisconsin fire departments can use the Fire Dues funding in a variety of ways to keep communities safe, including buying and replacing equipment, producing fire prevention programming, training crews, and more. Merrill has used some of its annual funding to keep a dedicated Fire Inspector on staff.
“Previously, we had employees filling in that role on a rotating basis,” said Merrill Fire Chief Josh Klug. “Having someone dedicated to that job allows our other fire staff to concentrate on their work, and for our local businesses it provides consistency. There is no question about whom to contact with questions about fire inspections.”
Chief Klug and Fire Inspector Joe Bozinski joined Merrill Mayor Steve Hass and City Administrator Rod Akey to accept the ceremonial check for $50,872.26.
DSPS issues more than 240 unique licenses, administers dozens of boards and councils that regulate professions, enforces state building codes, and maintains the Wisconsin Enhanced Prescription Drug Monitoring Program, which is a key tool in the multi-faceted public health campaign to stem excessive opioid prescribing. A fee-based agency, DSPS is self-sustaining and receives no general fund tax dollars for its day-to-day operations. With two offices and roughly 250 employees, DSPS collaborates with constituents and stakeholders across a wide range of industries to promote safety and advance the economy.
Wisconsin
Whopping Cough Cases Spike In Wisconsin
MADISON, WI (WTAQ-WLUK) – Health officials are urging the public to get vaccinated amid a “significant increase” in pertussis cases in Wisconsin.
The state as a whole, including right here in Northeast Wisconsin, is continuing to see an alarming rise in cases of pertussis, also known as whopping cough. Since January 1, two-thirds of Wisconsin counties have reported at least one case.
So far this year, Wisconsin has already reported 625 cases of the disease. That’s 12 times more than what was seen all of last year — only 51 total.
The state Department of Health Services says this number actually compares to some pre-pandemic years, where high numbers of cases were reported. Officials say the disease is cyclical — so it’s not completely uncommon for some years to have higher numbers than others.
More than half of this year’s cases involve kids ages 11 to 18. Health officials say anyone at any age can get the disease, but it’s especially dangerous for infants and pregnant women.
It’s common to see such high numbers of the disease simply because whooping cough is so contagious.
“The other piece is that pertussis is quite infectious, in that you’re infectious before you start coughing for about a week, and 21 days after you start coughing, if you don’t get on the appropriate antibiotics. So people with the disease can really spread it for a long period of time,” warned Dr. Stephanie Schauer, manager of the Wisconsin Immunization Project.
Dr. Schauer says typically, children are vaccinated for the disease as infants and then again at the age of 11 or 12 — and that provides enough protection for a lifetime. But she also acknowledges that protection from the vaccine does wane over time — and that could be a contributing factor in this year’s high number of cases.
Pregnant woman can also get boosters, as they’re more at risk.
Early symptoms include a runny nose, sneezing, occasional cough and a low-grade fever. Later symptoms include:
Fits of violent coughs that may be followed by a deep breath that make a “whoop” sound and/or make it hard to breathe
Vomiting during or after coughing fits
Exhaustion after coughing fits
If you or your child develop symptoms of pertussis, or if you’ve been exposed to someone you suspect may have pertussis, health officials say you should stay home from school, work, church and other activities. You should also contact your medical provider to ensure you receive proper treatment.
Experts say vaccination is the best way to prevent a pertussis infection. The DTaP (young children) and TDaP (teens and adults) vaccines protect against Diphtheria, Tetanus and Pertussis.
To see if your child is up to date, visit the Wisconsin Immunization Registry or contact your medical provider.
Wisconsin
‘Hero’ Wisconsin 12-year-old boy shot and killed bear as it attacked his father, report says
Bear catches influencer exploring its den
Stefan Jankovic, an influencer from Serbia, had a close run in with a bear whose den he was exploring.
A 12-year-old River Falls boy saved his father, who was pinned down by a 200-pound bear while legally hunting in the woods of northwestern Wisconsin earlier this month, according to the Minnesota Star Tribune.
A Wisconsin Department of Natural Resources conservation officer confirmed the bear encounter involving 43-year-old Ryan Beierman and his son, Owen.
The incident occurred Sept. 6 by their cabin near Siren, a Burnett County village about 93 miles from Minneapolis, during an afternoon hunting trip.
While in a tree stand over a bait station, Owen spotted, shot and struck the bear. However, it ran out of sight. About 20 minutes later, Owen and Ryan started to track it down, using their neighbor’s chocolate Labrador for assistance. During their search into the night, the dog saw the bear and retreated.
“I reached for my sidearm, initially hoping to scare the bear away with a warning shot,” Ryan told the Star Tribune. “He was only 5 to 6 feet away, point-blank. As he charged, I shot to kill. I shot eight times but missed. I had no time, and I never got the gun high enough to use the sights.”
During the struggle, Ryan said he started pistol-whipping the bear. The animal bit his arm and forehead. Owen grabbed his rifle and fatally shot the bear.
“I was flat on my back and could feel the bullet go through the bear,” Ryan told the Star Tribune. “Owen was a hero. He shot that bear and killed it on top of me.”
Neighbors helped him out of the woods and took him to a nearby hospital, where he received 23 stitches. He suffered several injuries to his face, right arm, and leg, according to the report.
Taylor Ardrey is a news reporter for USA TODAY. You can reach her at tardrey@gannett.com.
-
Movie Reviews1 week ago
‘Saturday Night’ review: A madcap backstage ode to Lorne Michaels’ legendary show
-
News1 week ago
Video: What Taylor Swift’s Endorsement Means for Kamala Harris
-
Movie Reviews1 week ago
Is a Movie About Electing a Pope Allowed to Be This Entertaining?
-
World1 week ago
What bombs did Israel use against the al-Mawasi ‘safe zone’ in Gaza?
-
Politics1 week ago
Democrats heap praise on Harris' debate performance, say she 'destroyed' Trump's career
-
News1 week ago
Trump and Harris’ first showdown attracts more viewers than Biden debate
-
News1 week ago
Video: Trump and Harris Clash in a Fiery Presidential Debate
-
Politics1 week ago
Dem congressman says Trump should talk about dropping out after debate