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Conservatively Speaking

State Senator Mary Lazich (R-New Berlin) represents parts of four counties: Milwaukee, Waukesha, Racine, and Walworth. Her Senate District 28 includes New Berlin, Franklin, Greendale, Hales Corners, Muskego, Waterford, Big Bend and parts of Greenfield, East Troy, and Mukwonago. Senator Lazich has been in the Legislature for more than a decade. She considers herself a tireless crusader for lower taxes, reduced spending and smaller government.

Reining in abusive veto power

By Mary Lazich
Friday, Jan 19 2007, 03:12 PM
Wisconsin’s governor has one of the most far-reaching veto authorities in the country. That can lead to an abuse of power. It happened during the state budget process of 2005.

Governor Doyle took the budget approved by the state Legislature and slashed hundreds of words out of several sections of the budget to create an entirely new sentence. After the Governor’s clever editing, $427 million had been raided from the state’s transportation fund to go to schools. A $427-million appropriation was made that was not approved by the legislature. You must see this to believe it.

The Governor’s sweeping use of his veto pen to spend $427-million not approved by the legislature represents a complete change of heart on his part. Attorney General Jim Doyle made the following comment in 1992, according to the Madison Capital Times newspaper:

"No one should be able to create new laws through the use of a veto. As we all learned in our studies of good government, laws should be written by the Legislature and either approved or rejected by the governor."

Attorney General Jim Doyle was speaking to a legislative committee considering a constitutional amendment that he supported at that time to limit the governor’s veto power.

It gets better. During 2002, Jim Doyle was running for governor, and made the following statement at a candidates’ forum according to the Capital Times:

"I don't think you should be able to go in and take a word out there and a word out here and create a whole new sentence."

During August of 2005, the Governor’s position totally reversed itself, as he told the Capital Times:

“Thank God I have the veto."

Connect the dots. The Governor raided the transportation fund of over $400-million.The Wisconsin Transportation Builders Association now claims Wisconsin faces an annual $698 million shortfall just to meet existing highway and local road programs, and that $105 million in road projects have been delayed throughout the state. Shortly after being re-elected, but not before, the Governor announced that fee increases for driver’s license registrations would be necessary. There is even talk of raising Wisconsin’s gas tax, one of the highest in the nation. This is because the Governor over-stepped his veto authority during 2005.

The Legislature is now considering a constitutional amendment to limit the veto power of future governors, whether they are Republican or Democrat. It would prohibit governors from using their partial veto power to create new sentences, and thus, new appropriations.

I am a co-sponsor of Assembly Joint Resolution 1 (AJR-1) that was approved in the last session by both the state Assembly and state Senate. Because it is a constitutional amendment, it must pass two consecutive sessions of the Legislature and then be approved by voters in a statewide referendum. This session, the amendment will pass again in the Assembly, but what happens in the Senate now that it is controlled by Democrats?

In the last session, the Senate passed the amendment, 23-10. Four Senate Democrats voted in favor. This session, two Democrats would have to vote in support with 15 Senate Republicans to send the amendment to a statewide vote……that is, if the Senate Democrats who control the Senate calendar allow the amendment to come to the Senate floor for a vote.

The goal is to get the amendment to voters for the April 3, 2007 spring election. To do that, the amendment requires action by the Legislature by February 20 so election officials can prepare it for the ballot.

Remember, when Tommy Thompson was governor, he was very creative in using his veto pen. But his vetoes were legal because they resulted in a decrease in spending. Jim Doyle’s creativity has produced an increase in spending. The Governor can use his veto power to cut, not increase spending.

This Governor has abused his power more than once. When he made compacts with Indian tribes that lasted forever and gave them permission to expand gaming, the state Supreme Court ruled the Governor went too far. Wisconsin’s Governor, regardless of party affiliation, should not be allowed to abuse power just to satisfy special interests.

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