This bill would create a $1,000,000 cap on the total noneconomic damages a person may recover from a commercial motor vehicle carrier in a tort action for loss, including injury or death, arising from an act or omission of one of its employees acting within the scope of their employment.
I am vetoing this bill for several reasons. First, I am vetoing this bill because I object to arbitrarily capping the noneconomic damages that a person may recover in tort actions involving a motor vehicle carrier. A fundamental principle of our legal system is that everyone is entitled to remedies in the law for all injuries, and when it comes to remedy, the law should redress a party's injury, not repress an injured party.
I am also vetoing this bill because I object to legislation that violates constitutional principles. A fundamental principle, outlined in article I, section 9 of the Wisconsin Constitution, is that everyone is entitled to remedies in the law for all injuries. I am concerned this bill fundamentally violates this principle as well as equal protection guarantees and due process rights under the United States and Wisconsin Constitutions. Finally, I am vetoing this bill because I object to legislation that is inconsistent with current law. Even if the bill withstood constitutional scrutiny, its incongruity with current law will create implementation issues and make it subject to litigation. For instance, unlike current statutory caps, the bill does not define "noneconomic damages," it does not address or contemplate multiple parties or occurrences and it does not cross reference wrongful death actions. Courts would almost certainly face challenges implementing the bill's provisions as this incongruity welcomes continuous litigation.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195046I am vetoing Senate Bill 617 in its entirety. This bill creates a requirement for the Wisconsin Department of Transportation to issue unique license plates to identify hybrid and nonhybrid electric vehicles powered by greater than 50 volts as electric vehicles.
I am vetoing this bill in its entirety because I object to creating requirements that are duplicative, unworkable, and may run counter to industry best practices. The Wisconsin Department of Transportation has already begun issuing stickers identifying hybrid and nonhybrid electric vehicles regardless of voltage power under criteria that are workable for the department. This identifier, which accurately identifies hybrid and nonhybrid electric vehicles by affixing the sticker to the vehicle's existing license plate, allows first responders to properly assess the risks these vehicles pose during an emergency.
Additionally, the department does not have a reliable way to identify the vehicles that would be issued the type of license plates required under the bill. Further, because license plates are manufactured and stocked in advance of being assigned to a vehicle so applicants can receive license plates in a timely manner, the requirements in this bill would require a significant increase in the number of license plates the department procures from the Department of Corrections' Bureau of Correctional Enterprises, increasing costs and complexity to address a problem the Legislature and I have already worked to address in my most recent state budget.
Finally, adding a second set of stacked lettering on a vehicle license plate violates standards issued by the American Association of Motor Vehicle Administrators, designed to ensure readability and safety for those who need to be able to quickly and easily read or scan license plates, such as first responders and law enforcement.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195047I am vetoing Senate Bill 641 in its entirety. This bill would repeal the current prohibition against selling, transporting, manufacturing, possessing or going armed with electric weapons, and in its place would prohibit their possession by those who generally may not possess a firearm.
I am vetoing this bill in its entirety because I object to further enabling dangerous weapons to be possessed and used in Wisconsin. Current law already provides numerous exceptions to the prohibition against electric weapons: if a person wants to secure an electric weapon for self defense in their home, there is an exception; if a person wants to carry one for self-defense and obtains a license to carry a concealed weapon, there is an exception. I cannot support legislation that will further enable dangerous weapons to be carried and used-and perhaps concealed and possessed in public-by individuals who may have little to no training, potentially endangering Wisconsin's kids, families, and communities and making them less safe.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195048I am vetoing Senate Bill 667 in its entirety. This bill would generally create domestic asset preservation trusts as a new type of trust. The bill requires -such trusts to contain a spendthrift provision, but the bill modifies current trust law with respect to these provisions to permit the settlor placing assets in the trust to also be the beneficiary of the trust. The bill also modifies current trust law by generally prohibiting creditor claims: (1) against a person transferring assets into a domestic asset preservation trust; (2) against the trustee of such a trust; (3) or against any assets held by such a trust, except in limited circumstances. These limited circumstances include actions taken against asset transfers that were made with the intent to hinder, delay, or defraud a creditor, and actions brought by creditors within a specified period of time from the date of the asset transfer.
I am vetoing this bill in its entirety because I object to allowing domestic asset preservation trusts to be created under Wisconsin law. I am concerned these trusts are likely to be a tool largely used by wealthy individuals to shield their assets from creditors while perpetuating dynastic, intergenerational transfers of wealth. The general, underlying principle of current trust law that prevents a settlor-someone who creates a trust-from being a beneficiary of said trust to receive asset protection from creditors is sound and informed by experience. Further, the bill provisions purportedly aimed at tempering some of the risks associated with these trusts are insufficient.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195049I am vetoing Senate Bill 688 in its entirety. This bill applies competitive bidding requirements to school district contracts with an estimated cost greater than $150,000 for supplies, materials, construction, repair, remodeling, or improvement of a public school building or facility. The bill requires a school district to advertise and notice contracts up for bid and accept the lowest responsible bidding without preference for geographic location or other criteria. The bill also provides an exception to competitive bidding requirements for a school board that passes a resolution declaring that the public health or welfare of the school district is endangered by damage or threatened damage to a building or facilities.
Further, this bill increases the estimated cost threshold for county and municipal public work projects for which competitive bidding is required. The bill also adds competitive bidding requirements for certain county and municipal public highway projects. Additionally, this bill clarifies and expands exceptions to procurement requirements for projects that involve donated materials or construction or volunteer labor.
I am vetoing this bill in its entirety because I object to undermining the local decision of a school board to choose voluntary collaboration with local contractors to build the best value projects to support students. School boards under current law may use competitive bidding if they deem it appropriate. School districts currently choose different methods to provide the best projects for their students and communities, and the state should not interfere in this local decision making.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195050I am vetoing Senate Bill 836 in its entirety. This bill would allow a juvenile court to impose restrictions on a juvenile's conduct during the time between a plea hearing and the conclusion of any fact-finding or disposition hearing for youth not being held in custody.
I am vetoing this bill in its entirety because I object to codifying criminal procedural concepts into the Juvenile Justice Code. The Juvenile Justice Code reflects its origin in the Children's Code and recognizes that children are not adults. Currently, under both the Children's Code and the Juvenile Justice Code, if a youth is in custody and the court finds that they should continue to be in custody, it may place them with a parent or other responsible person and may impose reasonable restrictions on the youth's travel, association with others or places of abode during the period of placement. For pretrial releases under the Criminal Procedure Code, courts may impose conditions reasonably necessary to secure appearance in court, protect members of the community from serious harm or prevent witness intimidation. However, unlike these current predisposition and pretrial situations, the bill would give judges the discretion to impose any reasonable restriction after a plea and through the conclusion of any fact-finding or disposition hearing. I am concerned this bill provides no criteria for a court to consider when imposing restrictions, does not require that the restriction be related to the alleged offense, lacks clarity regarding how any restrictions would be enforced, and is broad and unmoored from any justice or public safety purpose.
Our youth and criminal justice systems must be reformed using data-driven and evidence-based approaches that help keep our communities safe while improving outcomes with better cost efficiency. I share the research-based concerns expressed by the Department of Children and Families that the broad, untargeted court conditions this bill would allow at the predisposition stage may increase involvement in the youth justice system and increase the risk of reoffending.
I continue to welcome meaningful conversations with the Wisconsin State Legislature about reforming our youth and adult justice systems through evidence-based, data-driven solutions that reduce recidivism and improve public safety, bolster our justice system workforce, and ensure our communities have the resources they need to invest in public safety across our state.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195051I am vetoing Senate Bill 916 in its entirety. This bill would establish a process that must be followed when the federal government or certain private nonprofit voluntary agencies contact or are contacted by a local government employee or officer regarding potential refugee resettlements in a local governmental unit.
Following prescribed timelines, the bill would require the chief elected official in a local governmental unit to be notified of any such contact, and this chief elected official would then be required to notify every chief elected official and clerk in any local governmental unit within 100 miles of the office of the clerk for the local governmental unit providing such notice. The governing body of each of those local governmental units must then designate a representative to participate in consultations with the federal government or private nonprofit voluntary agencies and to participate in county refugee resettlement committees. The bill further establishes a timeline and notification requirements for public hearings and committee meetings that must be held on a local and county level toward the goal of making a recommendation as to whether the local unit of government should pass a resolution regarding its position on the proposed refugee placement. The county refugee resettlement committee shall then provide each designee with guidance on the potential impacts on the local agencies and on the potential timelines for the resettlement, and each designee shall submit a written report to its local governmental unit.
I am vetoing this bill in its entirety because I object to creating a consultation process that duplicates and unnecessarily complicates the existing federally mandated consultation process that is already in place.
Respectfully submitted,
TONY EVERS
Governor
_____________
State of Wisconsin
Office of the Governor
March 29, 2024
The Honorable, the Senate:
hist195052I am vetoing Senate Bill 917 in its entirety. This bill permits teacher preparatory programs to require between one and four semesters of student teaching (instead of only one under current law), provided the institution of higher education that offers the program awards general education credit for the second, third, and fourth full semesters. Additionally, the bill requires the Department of Public Instruction to separately report teacher preparatory program results for: (1) all students and graduates of the program; (2) students and graduates of the program who completed one semester of student teaching; and (3) students and graduates of the program who completed more than one semester of student teaching. The bill also requires the department to create a teacher apprenticeship program for students participating in a teacher preparatory program that must include between two and four semesters of in-classroom student teaching.
I object to this bill because it is unnecessary. Our administration has already created existing teacher apprenticeship pilot program, a collaborative effort between the Department of Workforce Development and the Department of Public Instruction, and this bill will interfere with that pilot. The bill creates uncertainty with Department of Public Instruction student teaching requirements and undercuts the Department of Workforce Development's authority to approve and oversee apprenticeship programs, something they historically have managed with great success. It also may cause confusion regarding when and how the State Superintendent can recognize longer periods of student teaching in non-apprenticeship teacher preparatory programs.
Respectfully submitted,
TONY EVERS
