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    1/28/2007
    Frankenstein - not in the library, but in the legislature

    FoxPolitics recently mentioned the “Frankenstein Veto” when discussing the downsides of an increase in the cigarette tax. The problem is that dollars raised for specific purposes (in the case of the cigarette tax, the admirable goal of insuring more Wisconsinites) have become available for lowering the state’s long-standing spending deficit. Below, Representative Mark Gundrum (R-New Berlin) explains the Frankenstein Veto well in his newsletter.

    “When it comes to budget bills, the Office of Wisconsin Governor has the most powerful veto pen in the country.

    “That's because the Wisconsin Constitution gives the Governor the power to veto appropriation bills "in whole or in part."

    “In 1990, the Constitution was amended to forbid the "Vanna White" veto - crossing out individual letters to create new words. After many questionable vetoes by Governors of both parties over the past two decades, the Legislature has been working to eliminate what has become known as the "Frankenstein" veto - creating new sentences by crossing out words and parts of sentences to create new law that was never envisioned - and never passed - through the Legislature.

    “…With the Frankenstein Veto, any Wisconsin Governor can create new public policy almost unilaterally, so long as just 1/3 of one House of the Legislature is willing to uphold a particular veto (which will almost always be the case because of partisan loyalties). Such changes to our laws never have a public hearing or are afforded public debate; rather the public is just stuck with the changes after the …Governor has made the vetoes.”

    Yesterday (January 25), the Elections and Constitutional Law Committee approved a constitutional amendment prohibiting The Frankenstein Veto. Representative Gundrum expects the full Assembly to approve the amendment. As his newsletter states, he is hopeful “the Senate Democrats in control of the Senate will be willing to put good government ahead of partisan loyalty to Governor Doyle (who opposes the amendment because it would restrict his veto power while he is still in office) and allow the bill to come up for a vote in the Senate. That's the only way the public will get a chance to cast their vote on this issue. “

    The only way to understand the Frankenstein Veto is to look at it for yourself. Check out State Senator Sheila Harsdorf’s (R-River Falls) posting of a Journal Sentinel illustration of the Frankenstein veto, used to transfer $427M from the Transportation Fund to the General Fund in the 2005-07 Biennial Budget. (You may have to increase the magnification of your page to read the explanations at the top and lower left of the page.)

    Is it unbelievable or what?


    COMMENTS

    Be careful what you ask for. Now a bunch of legislators have coined a cute term to oppose the partial veto that Wisconsin's governors possess. And they're complaining that Gov. Jim Doyle used the partial veto to take money from the state transportation fund for school aids.

    The amount of money that property taxpayers have paid over the years to transport our kids to school probably justifies that transfer as pay back. But we should look at the constitution as a long-term document not to be tinkered with lightly, as constitutional law experts emphasized at a conference last fall sponsored by the Marquette Law School and the Wisconsin Alliance of Cities. A trio of former governors and former Lt. Gov. Margaret Farrow were dinner speakers at the event, and their presentation was covered by wispolitics.com. The speakers were evenly split on the partial veto, and not along party lines.

    "That veto has served the people of the state very well," said former Republican Gov. Lee S. Dreyfus, who spoke to the dinner via videotape. "The abuses are so far outweighed by the good uses." Former Gov. Tony Earl, a Democrat, and Farrow shared the sentiment that the partial veto needs to be reined in. But former Democratic Gov. Patrick J. Lucey disagreed. "The Legislature has already remedied the item veto (by outlawing the 'Vanna White' veto). If the governor overreaches or the Legislature thinks he overreaches, they have a remedy," Lucey said. That, of course, is a veto override, a commonplace occurrence in Wisconsin government before the Capitol became so darn partisan.

    The state budget bill, where the partial veto is mostly exercised (it can only be used in a bill containing an appropriation) is also a partisan document. Legislators sometimes insert things in the state budget for political reasons. Don't be shocked, it's been happening for years. They don't really expect that pet bridge project to be signed into law, they want to tell their constituents they tried. This happens on a bipartisan basis. As politics in Wisconsin has become more partisan, the budget has become more a political weapon. Previous governors have been creative users of the partial veto, even taking individual letters out of words to make new words (the cleverly named Vanna White veto), until that was made unconstitutional. And the Supreme Court has given them the power to cross out numbers in a budget bill and write in lower numbers.

    But the Frankenstein veto isn't a fact, it's a slogan that expresses someone's conclusion. It must have been named by a marketing guy. Marketing people, who seem to multiply like rabbits, have taken to selling us governmental policy by slogan lately. If the voters of Wisconsin swallow the slogan and repeal the Frankenstein veto, we may well be saddled by Frankenstein budgets for years to come.

    Editor's note: Rich, tell me you've looked at the Transportation fund raid veto (linked in the piece) and weren't horrified. I'm waiting..... J.E.


    fox cities news, appleton, wi
    Rich Eggleston (Fri Jan 26 10:22:27 2007)

    Jo; You can’t have it both ways. If you call this line item veto the “Frankenstein Veto” what do you call the line item veto the President Bush wants?

    He is using Tommy Thompson on his road speeches to tell the public how well the line item veto works in Wisconsin! He says he needs it to control the enemy who controls congress. That would be the Democrats. He says without the line item veto we would have uncontrolled growth in the federal government, we would have uncontrolled pork barrel bills, we would have run away deficits, and we would be putting a great debt on our grandchildren. At the same time we would ruin the military to the point that they would not be able to protect this country from attack. Opps, I guess we are too late, that all happened the last six years, with everyone (Congress, President) in the same Republican party. You can’t have it both ways. If it is a problem because a Democrat is using it, it is the same problem when a Republican uses it.

    Editor's Note: Norb, the extremely broken-up, piece-meal "veto" is a problem whomever is using it. Did you look at the example of the "Frankenstein Veto linked in the piece? It's just not good government. JE


    fox cities news, appleton, wi
    Norb West (Fri Jan 26 16:22:14 2007)

    Richard, Have you looked at that? We need a word like phauxtography to describe what Governor Doyle did. I don't think Frankenstein Veto is quite it, but it works. Governor Doyle found words in the bill in the sequence he needed and he crossed out everything in between. Governor Doyle used digits from years, section references, and statute references to come up with the number he wanted. That is a new law and since the general rule across the nation is that the legislature allocates and directs spending that bill should have gone back to the legislature.

    Yeah, constiutions should not be tinkered around with lightly only as needed. Sticking to the spirit of the law was not able to get the job done, so our lawyer governor used his lawyer's skills and found a way to get what he wanted. How do we fix this? Some adjustments and limitations are needed to the power.

    I would say the minimum amount of veto should be the legislative atomic unit whatever that is, for example in the linked-to .pdf, the section labeled (d) in the right column should be vetoed whole or not vetoed at all. However, amending the constitution is a kloodge that will only work until someone w/o scruples and a good lawyer figures out a way to subvert that.

    Integrity is the answer.
    fox cities news, appleton, wi
    Mark A Framness (Sat Jan 27 09:12:29 2007)

    Jo, I did look at the transportation fund veto. And I'm not shocked. After peering at state government for 35 years without the benefit of rose colored glasses, I've seen a lot. As the old saying goes, it's best for your digestive tract not to see how sausages or laws are made. And that's a saying that predates Gov. Jim Doyle, former Gov. Tommy G. Thompson and all the comparatively antiseptic sausage makers -- er, lawmakers -- of modern times. Of course, there is more blood on the floor nowadays, but that's a function of partisanship, not some moral failing that's suddenly afflicted state government. Rich
    From the eyes of experience and wisdom (really). Blood and guts and all. I love it. JE

     


    fox cities news, appleton, wi
    Rich Eggleston (Mon Jan 29 20:37:32 2007)

    Richard,

    Okay you are not shocked. Still, is this the same law the legislature passed? Should it not go back to the legislature?

    I don't have a problem with a line item veto but it seems the line item veto is not line item but the power to rewrite the law to ones liking. I think it does need tuning.

    fox cities news, appleton, wi
    Mark Framness (Tue Jan 30 06:32:42 2007)

    You can talk about the "Frankenstein" veto all you want, but you should also talk about what prompted the Governor to take this action.
    The legislature gave him a budget which told school districts that they could increase per pupil spending $120 per pupil in 2005-2006 over 2004-2005 spending. At the time, state law permitted an increase of $248 per pupil. The Budget bill received final passage in the legislature on July 5, 2005 -- after the 2005-2006 school fiscal year had already started. If you were a school district administrator, how would you have reacted to this radical change in your budget? Remember that by law or by contract, school districts have to give layoff notices to teachers in the early spring, so it was too late to lay off represented staff (which makes up about 85% of a school district's budget). The Governor was responding to an impossible situation, created by the Legislature.

    fox cities news, appleton, wi
    Pete (Tue Jan 30 10:16:30 2007)




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