TONY EVERS
Governor
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Pursuant to s. 35.095 (1)(b), Wisconsin Statutes, the following 2023 Acts have been published: Act Number Bill Number Publication Date
hist180764Wisconsin Act 42 Assembly Bill 133 December 7, 2023 hist180768Wisconsin Act 52 Assembly Bill 335 December 7, 2023 hist180771Wisconsin Act 58 Assembly Bill 36 December 7, 2023 hist180773Wisconsin Act 59 Assembly Bill 49 December 7, 2023 hist180775Wisconsin Act 60 Assembly Bill 109 December 7, 2023 hist180777Wisconsin Act 61 Assembly Bill 166 December 7, 2023 hist180779Wisconsin Act 86 Assembly Bill 394 December 7, 2023 _____________
Governor's Veto Message
December 6, 2023
To the Honorable Members of the Assembly:
The following bills, originating in the Assembly, have been vetoed in their entirety, and were returned to their house of origin, together with the objections in writing:
Bill Number Date of Veto
I am vetoing Assembly Bill 57 in its entirety.
This bill would require that prosecutors get judicial approval prior to dismissing or amending charges for certain covered crimes, which would be defined by the bill. Under the bill, the court may only approve the prosecutor's application to dismiss or amend a charge involving a covered crime if it finds certain criteria are met. Annually, if a court approves such an application, it must submit a report to the Legislature detailing each application and how the approval is consistent with the criteria. This bill would also prohibit a prosecutor from placing a person in a deferred prosecution program if there is a complaint or information filed that alleges that they committed a covered crime or if the person is charged with a covered crime.
I have heard from victim witness professionals, district attorneys, and the defense bar about the negative ramifications of this bill and I am vetoing it for several reasons. First, I am vetoing this bill in its entirety because I object to restricting the discretion of prosecutors and judges to address pending charges and, further, subjecting prosecutorial discretion to judicial review. As the U.S. Supreme Court has observed, the concept of prosecutorial discretion rests on the recognition that the strength of the case, deterrence, enforcement priorities, and the allocation of finite resources, among others, are factors rendering prosecutorial decisions ill-suited for judicial review.
I am also vetoing this bill because I object to restricting the availability of evidence-based deferred prosecution agreements that have been shown to have better outcomes and be more cost-effective than traditional incarceration. Further, I am equally concerned about the implications this legislation would have on crime victims and survivors across our state. By way of example, as was pointed out to me by several District Attorneys in requesting I veto this bill, prohibiting deferred prosecution agreements in certain sexual assault cases “would result in prosecutor becoming much more selective on charging sexual assault cases, and thus more victims of serious crimes receiving no level of justice.” Similarly, the Wisconsin Victim Witness Professionals also identified restricting the availability of deferred prosecution agreements as having a “negative impact” on “crime victims and communities we serve.”
For these reasons, I must veto this bill. I welcome the Legislature to seriously and meaningfully consider supporting evidence-based solutions that respect and protect victims and survivors, reduce recidivism and improve community safety, bolster our justice system workforce, and ensure our communities have the resources they need to invest in public safety services across our state.
I am vetoing Assembly Bill 146 in its entirety.
This bill would prohibit political subdivisions from expending moneys of the political subdivision for guaranteed income programs, which the bill defines as programs that provide unearned regular periodic cash payments that may be used for any purpose.
I am vetoing this bill in its entirety because I object to the Legislature’s continued efforts to arbitrarily restrict and preempt local government partners across our state. The Legislature should focus its efforts and energy on supporting our local partners and building upon our bipartisan work this session to ensure our local communities have the resources they need to meet basic and unique needs alike. I trust our local partners to know best how to meet local needs, and the state should be a partner in—not an obstacle to—the work of our local partners to address their unique challenges and meet those needs, whatever they may be.
I am vetoing Assembly Bill 396 in its entirety.
Under current law, the Wisconsin Elections Commission is required to establish by administrative rule the fee for obtaining a copy of the official voter registration list. The fees are charged based on the size of the request. The Commission is required to set the fee after consultation with county and municipal election officials based on the cost to maintain and produce the information at both the state and local levels. This bill would repeal the Commission’s authority to set the fee amount by administrative rule and prevent the price for obtaining an electronic copy of the official voter registration list from exceeding $250, regardless of the size of the transaction request.
I am vetoing this bill in its entirety because I object to the way in which this could significantly hinder and reduce services currently provided to Wisconsin clerks and voters by effectively limiting the State's ability to cover the costs of maintaining and securing Wisconsin's voter registration and election administration system.
The fees set by administrative rules as required under current law are designed to cover the costs of maintaining and securing Wisconsin's voter registration and election administration system. According to the Commission, “no other state offers all the features available in Wisconsin,” which offers a “level of service and flexibility unmatched by any other state.” Further, this current system ensures the vast majority of requesting individuals and organizations can access relevant information without overly burdensome fees. Indeed, the Commission reports over 90 percent of transactions since 2019 have not exceeded $250.
Wisconsin has one of the most robust, convenient, and customizable online portals for voter registration information in the country. This bill would likely result in a $500,000 decline in funding, representing a budget cut of nearly one-third without providing any replacement funding to support and maintain current operations. I decline to put at risk a critical component of maintaining and securing Wisconsin’s voter registration and election administration system as this bill would have me do.
I am vetoing Assembly Bill 465 in its entirety.
This bill would prohibit, with limited exceptions, healthcare providers from engaging in, causing the engagement in, or making referrals for certain medical intervention practices upon an individual under 18 years of age for the purpose of changing the minor's body to correspond to a sex that is discordant with the minor's biological sex. In addition, the bill would require the Board of Nursing, the Medical Examining Board and the Physician Assistant Affiliated Credentialing Board to investigate any allegation that any person licensed or certified by the respective boards has violated any of the prohibitions described in the bill. Finally, the bill would require the Board of Nursing, the Medical Examining Board, and the Physician Assistant Affiliated Credentialing Board to revoke the license or certification of any provider that is found to have violated any of the prohibitions described in the bill.
I am vetoing this bill in its entirety because I object to restricting physicians from providing evidence-based and medically appropriate care to their patients, restricting parents from making decisions with physicians to ensure their kids receive the healthcare they need, and preventing patients from receiving that basic, life-saving care.
Healthcare providers should be trusted to provide medically appropriate and accurate information, treatment, and care for their patients without the unnecessary political interference of politicians. Gender-affirming care is recognized by most major medical associations as the evidence-based treatment for transgender and gender-nonconforming youth with gender dysphoria. The American Medical Association, the American Academy of Pediatrics, the American Psychological Association, and the American Academy of Child and Adolescent Psychiatry have all stated that gender-affirming care saves lives.
Further, and especially important to me personally, I am vetoing this bill in its entirety because I object to the Legislature’s ongoing efforts to manufacture and perpetuate false, hateful, and discriminatory anti-LGBTQ policies and rhetoric in our state. This type of legislation, and the rhetoric beget by pursuing it, harms LGBTQ people and kids' mental health, emboldens anti-LGBTQ hate and violence, and threatens the safety and dignity of LGBTQ Wisconsinites. I will veto any bill that makes Wisconsin a less safe, less inclusive, and less welcoming place for LGBTQ people and kids. I support LGBTQ Wisconsinites, and I will continue to do everything in my power to defend them, protect their rights, and keep them safe.
I am vetoing Assembly Bill 494 in its entirety.
This bill would restrict the definition of an indefinitely confined voter, create new and separate procedures for indefinitely confined electors to vote, and remove certain people from having an indefinitely confined voter status.
I am vetoing this bill in its entirety because I object to the manner by which it targets certain voters and ongoing efforts by the Legislature to make it more difficult for eligible voters to vote.
Indefinitely confined voter status was developed to help voters with disabilities and who are aging and older or sick continue to exercise their constitutional right to vote. This bill substantially restricts that important status by narrowing the definition such that a voter can only be considered indefinitely confined if they cannot travel independently without “significant burden” due to frailty, physical illness, or a disability that is expected to last longer than one year. This bill provides no legal or medical justification for these changes, no definition for how an individual would interpret what a “significant burden” is or whether they have one, and no explanation for the arbitrary determination that a 13-month-long disability should qualify for indefinitely confined status while an 11-month-long disability should not, among other provisions that prompt more questions than certainty. Further, coupled with the bill’s definitional restrictions are additional barriers for voters with indefinitely confined status who want to cast their ballot, requiring these individuals to fill out a new, separate form from the standard absentee voting form and arbitrary provisions to remove some voters’ indefinitely confined status based on nothing more than when they registered.
The right to vote is a fundamental core value of our democracy. We should be making it easier, not harder, for eligible Wisconsinites to cast their ballot.
Respectfully submitted,
TONY EVERS
Governor
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Communications
December 6, 2023
Edward A. Blazel
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Blazel:
hist180643Please add my name as a coauthor of Assembly Bill 673, relating to grants for firearm buyback programs and making an appropriation. Please add my name as a coauthor of Assembly Bill 677, relating to prohibition against undetectable firearms, possessing a frame or receiver of a firearm without a serial number, and providing a penalty.
hist180641Please add my name as a coauthor of Assembly Bill 686, relating to possession of a dangerous weapon by a person under the age of 18. Please add my name as a coauthor of Assembly Bill 692, relating to voluntary prohibitions on purchasing a handgun.
hist180640Please add my name as a coauthor of Assembly Bill 718, relating to waiting period for purchase of handguns. Sincerely,
GRETA NEUBAUER
State Representative
66th Assembly District
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December 6, 2023
Edward A. Blazel
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Blazel:
hist180509Please add my name as a coauthor and cosponsor of Assembly Bill 341 and Senate Bill 333, relating to sexual misconduct against a pupil by a school staff member or volunteer and providing a penalty. Sincerely,
JOEL KITCHENS
State Representative
1st Assembly District
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December 6, 2023
Edward A. Blazel
Assembly Chief Clerk
17 West Main Street, Suite 401
Madison, WI 53703
Dear Chief Clerk Blazel:
hist180636Please add my name as a coauthor of Assembly Bill 633, relating to hunting with an airgun, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. Sincerely,
TY BODDEN
