March 29, 2024
The Honorable, the Senate:
hist195035I am vetoing Senate Bill 186 in its entirety. This bill modifies the timeline for examination of commercial building plans by requiring the Department of Safety and Professional Services to allow building owners to schedule the next available plan examination appointment, by submitting complete plans to the department and paying all fees, or to schedule an appointment date in the future (a "schedule-in-advance" examination), by paying all fees and submitting the plans at least three business days before the appointment date. This bill also requires the department to allow building owners to identify any previously approved plans that are similar to the new plans submitted for examination and provides for potential refunds or partial refunds in the event of appointment cancellation. Finally, this bill creates exceptions for certain plumbing plan examinations based on the number of plumbing fixtures to be included in the building if plans are prepared by individuals holding certain credentials, including an architect or professional engineer, designer of plumbing systems, master plumber, restricted master plumber, and utility contractor.
I object to this bill because it may increase review times for commercial building plans by requiring two separate pathways for plan review with differing timelines while providing no additional resources or staffing to address the doubling of plan review processes. Under the bill, plan reviewers for schedule-in-advance examinations could receive plans only three business days prior to an examination appointment, which would require staff to be diverted from reviewing other plans to focus on performing evaluations of these plans. These plans may require additional information before being determined to be complete, and incomplete plan submissions may result in appointments being cancelled on short notice or appointments that result in a required second appointment once plans are complete. The current process includes a triage of submitted plans to determine completeness before scheduling appointments to ensure examination appointments are substantively useful.
Moreover, the department has demonstrated success in improving plan review timelines and efficiency using its current system. The Wisconsin State Legislature should allow the department to use its established expertise and experience in plan review to determine the scheduling system that maximizes the limited resources available to prevent project delays, especially insofar as the bill may increase such delays due to appointment cancellations or incomplete plan submissions. Further, if the Wisconsin State Legislature is serious about improving review times, I invite the Legislature to invest in the necessary staffing support to review plans.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195036I am vetoing Senate Bill 187 in its entirety. This bill would expand the scope of examinations of essential drawings, calculations, and specifications that must be accepted by the Department of Safety and Professional Services with respect to public buildings, public structures, and places of employment when such examinations are performed by local units of government that are not appointed agents of the department. This bill would also expand the scope of reviews and determinations for variances that must be accepted by the department with respect to such buildings when performed by non-agent local units of government. This bill further repeals the requirement that local units of government that are appointed agents of the department and second-class cities that are certified by the department forward a portion of plan review examination fees to the department. Finally, this bill requires the department to submit a plan to the Legislature, by January 1, 2025, that addresses how the department will encourage cities, villages, towns, and counties to conduct commercial plan examinations and inspections, and how the department will increase the support for such functions.
I am vetoing this bill in its entirety because I object to the expansion of the approval authority granted to non-agent municipalities, which could put local plan reviewers and inspectors into situations where they feel pressured to choose between public safety or issuing a commercial building examination approval. I also cannot support increasing the burden on the department's already limited resources and staffing with unfunded mandates. The department has significantly improved plan review processes and timelines, and the Wisconsin State Legislature need not interfere with the department's successful efforts to efficiently and effectively improve its own operations.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195037I am vetoing Senate Bill 188 in its entirety. This bill would codify in statute the current administrative rule that authorizes the Department of Safety and Professional Services to grant a building owner's request to start construction for footings and foundations prior to plan approval, and the bill adds underground and exterior plumbing as activities that may be included within such permission. This bill also states that permission to start does not provide assurance that approval for the building will be granted or relieve a licensed architect or professional engineer of responsibility for the prepared plans under review.
I am vetoing this bill in its entirety because I object to the bill's failure to provide the department with the resources it needs to investigate and resolve the likely increase errors in building construction due to the expansion of permissible early-start building activities, which may negatively affect public safety as well as the financial status of the building owner. This bill may require diverting resources away from other vital areas of operation. Further, the department has demonstrated success in improving plan review timelines and efficiency. The Wisconsin State Legislature should allow the department to use its established expertise and experience in plan review to determine which activities are appropriate for early permission to begin construction.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195038I am vetoing Senate Bill 216 in its entirety. This bill would allow all-terrain and utility terrain vehicles to be equipped with whip lights that emit any color in a fixed display.
I am vetoing this bill in its entirety because I object to allowing all-terrain vehicles and utility terrain vehicles to utilize lights and light patterns that could be ambiguous. First, whip lights could be confused for lights emitted by law enforcement or emergency vehicles. Law enforcement vehicles frequently use non-flashing red and blue lights, and this bill would allow all terrain vehicle and utility terrain vehicle operators to do the same. Second, because whip lights are visible from any direction, the bill would allow for nonstandard lighting configurations such as red lights from the front of a vehicle or white lights from the rear of a vehicle. Such nonstandard lighting configurations could make it difficult to ascertain the direction of travel of an all-terrain vehicle or utility terrain vehicle, increasing the risk of collisions.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195039I am vetoing Senate Bill 217 in its entirety. This bill would allow one passenger to ride on an all-terrain or utility terrain vehicle that is not designed or intended for use by passengers if the passenger is in a second seated position.
I am vetoing this bill in its entirety because I object to compromising the safety of riders and operators of all-terrain and utility terrain vehicles. As I stated in my partial veto of 2019 Wisconsin Act 183, if an all-terrain or utility terrain vehicle is not designed for passengers, then it should not be operated with passengers. I agree with law enforcement and the medical community that the safe transportation of passengers is essential to the prevention of injuries and fatalities associated with all-terrain and utility terrain vehicle usage. Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195040I am vetoing Senate Bill 316 in its entirety. This bill would make changes to the Department of Natural Resources' aquatic plant management program. The bill would create a specific definition of a private pond and then provide exemptions from the permitting process for the application of a chemical treatment to certain private ponds if specific requirements are met, and for the application of certain biological agents and dyes to private ponds. Additionally, this bill would make aquatic plant management permits valid for not less than five years for private ponds that are larger than five acres in size.
I am vetoing this bill in its entirety because I object to providing an exemption from the permitting process as outlined in this bill for certain private ponds. As I stated in my veto of 2021 Senate Bill 494, these exemptions could have a major impact on Wisconsin's waters. Prior to issuing a permit for chemical treatment, the Department of Natural Resources reviews the body of water to determine if there are any known endangered, threatened or special concern species located at the site. The department can then tailor the management plan to minimize the impact on these species. By removing the permit requirement, this valuable check would be lost, and important species may be inadvertently harmed. I also object to allowing the owner of one single parcel of land which a private pond abuts to conduct chemical treatment of a private pond without the consent of all owners of the parcels of which the private pond abuts when the private pond abuts multiple parcels.
The oversight provided through the permitting process is important, and I object to putting Wisconsin waters at risk by eliminating this protection.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195041I am vetoing Senate Bill 335 in its entirety. This bill allows any school district to employ a school district administrator who does not hold any type of license from the Department of Public Instruction.
This concept is a non-starter.
Under current law, with very limited exception, every school district administrator in Wisconsin must hold an administrator license issued by the Department of Public Instruction, a license requiring the holder to maintain other licensure, have six semesters of teaching or pupil services experience-including over 540 hours of classroom teaching-and complete an educator preparatory program specialist degree or doctoral degree. We maintain these high standards for good reason: Wisconsinites entrust school district administrators with the important responsibilities of leading our local school districts and educating our kids. This bill would effectively eliminate all such requirements.
I am vetoing this Republican-backed bill in its entirety because I object to allowing any individual who has no license, no education, no training, no experience, no specific skillsets, and virtually no qualifications whatsoever to not only become a school district administrator but to come into everyday contact with kids in our schools.
As a governor who is a father and grandfather and former educator, principal, superintendent, and state superintendent, I cannot sign a bill that could have us entrust one of our most precious responsibilities to any given individual whose only qualification is a mere passing interest in education.
What's best for our kids is what's best for our state. We have a constitutional obligation to provide public education, and Wisconsinites expect our kids to be educated and taught by the best, brightest, and most qualified people. Our kids deserve nothing less.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195042I am vetoing Senate Bill 466 in its entirety. This bill would prohibit a payment card network or its agent from requiring the use of a firearms code approved by the International Organization for Standardization as a merchant category code in a way that distinguishes a firearms retailer from general merchandise or sporting goods retailers.
The bill would require the Attorney General to investigate alleged violations of this prohibition and to pursue an injunction in the event of a continuing violation. It would also, subject to certain exceptions, prohibit a payment card issuer or payment card network or its agents from declining or refusing to process a lawful payment card transaction at a firearms retailer based solely on whether a firearms code is assigned. The bill would also prohibit state agencies or local governments from maintaining a list of people who own firearms, except for purposes of criminal investigations, prosecutions, or determining compliance with court orders or injunctions. Under the bill, the Department of Justice must ensure that records from background checks resulting from firearm purchases are not stored, maintained or formatted into a list that identifies firearm owners prior to the destruction of these records.
I am vetoing this bill for several reasons. First, I am vetoing this bill because I object to the Legislature inserting itself into the decision-making process of the private sector. Businesses use merchant category codes for various reasons, including (among other things) fraud protection, risk management, rewards, determining interchange rates and tax reporting. As they do for virtually every other business and industry, payment card issuers and networks are in the best position to determine which merchant category codes they use to conduct business. No other merchant category code is prohibited by state law. I am also concerned that carving out and prohibiting the use of merchant category codes for one industry, for political purposes-, would set a precedent for other industries and undermine the business judgment of the private sector.
