Earlier this week, the Republican-led legislature filed a lawsuit against both DPI and Governor Evers for the use of his partial veto on 2023 Wisconsin Act 100, the law that creates a funding structure for new early literacy initiatives created by 2023 Wisconsin Act 20. The legislature has been very concerned with Governor Evers’ partial veto authority on appropriations bills (a bill that spends money). They have attempted to avoid this authority by appropriating funds to the Joint Finance Committee (JFC) and then subsequently passing legislation to create a framework for how that money is to be used (Act 100). The governor partially vetoed Act 100 as if it was an appropriations bill when the legislature argues it is not. If a bill is not an appropriations bill, the governor can only sign it into law or veto it in its entirety.
In the last weeks of the session, the legislature passed SB 971, which as written, authorized JFC to release $50 million set aside in the 2023-25 state budget for two different purposes: one for the Office of Literacy and a coaching program to be established by the office, the second was for a grant program to aid school districts as they comply with Act 20. Evers in his issuance of the partial veto, combined the two appropriations into one, removed the word “coaching”, and removed the sunset date of Jul. 2028. The veto meant that DPI would receive a single appropriation for the Office of Literacy, to be used for a “literacy program”. This would provide the DPI with more flexibility to use the funds than the legislature wanted them to have.
The hang up comes with the clause in the bills language that authorizes JFC to release previously authorized funds. The legislature argues that the bill was not an appropriations bill, but rather a bill granting JFC authority to release set aside funds for specific reasons, and therefore the governor’s use of a partial veto was beyond his authority (Wisconsin governor’s can only issue partial vetoes on appropriation bills and cannot use it to increase appropriations). The legislature also further points to the fact that appropriation bills, by law, must be passed on a roll call vote in both chambers, however SB 971 was passed on a voice vote in both chambers. This they claim is further proof that the governor issued the partial veto incorrectly.
The WASB will be following this suit closely and will update members with important updates.
