Citizens Utility Board v. Klauser

534 N.W.2d 608, 194 Wis. 2d 484, 1995 Wisc. LEXIS 91
CourtWisconsin Supreme Court
DecidedJune 30, 1995
Docket94-1519-OA
StatusPublished
Cited by34 cases

This text of 534 N.W.2d 608 (Citizens Utility Board v. Klauser) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Utility Board v. Klauser, 534 N.W.2d 608, 194 Wis. 2d 484, 1995 Wisc. LEXIS 91 (Wis. 1995).

Opinions

WILCOX, J.

On June 13,1994, the Citizens Utility Board, Senator Fred Risser and Representative David Travis (Petitioners) sought leave to commence [488]*488an original action against James R. Klauser, Secretary of the Department of Administration, and Tommy G. Thompson, the Governor (Respondents) pursuant to Art. VII, sec. 3(2) of the Wisconsin Constitution and sec. 809.70, Stats.1 In this declaratory judgment action initiated pursuant to sec. 806.04, STATS., the issue presented for our consideration is whether the Wisconsin Constitution, empowering a governor to approve an appropriation bill "in part," permits the governor to strike a numerical sum appropriated in the bill and to insert a different, smaller number as the appropriated sum. We conclude that Art. V, sec. 10 of the Wisconsin Constitution permits the governor to act in such a fashion.

The facts in this action are not in dispute. The Wisconsin legislature passed the Executive Budget [489]*489Bill, 1993 Senate Bill 44, on July 16,1993. On August 10,1993, Governor Tommy G. Thompson approved the bill in part and objected to it in part. In at least nine instances, Governor Thompson crossed out dollar figures written in Arabic numerals and wrote in different, smaller numbers. Tbe legislature did not attempt to override these partial vetoes by the governor.

Petitioners2 subsequently brought this original action to specifically challenge only Governor Thompson's partial veto of the amount of appropriation in sec. 153 of the Executive Budget Bill. As presented to Governor Thompson, sec. 153 provided $350,000 for the Public Service Commission's intervention activities.3 Governor Thompson drew lines through the "350,000" appropriation adopted by the legislature and wrote above the crossed out figures the number "250,000." The resulting veto appeared as follows:

SECTION 153.
Statute, Agency and Pukpose Source Type 1993-94 1994-95
20.155 Public service commission
(1) Regulation of public utilities
JiTOjOoo _ (j) Intervenor financing PR A 550,000 350,0001 Vetoed in Part

[490]*490Governor Thompson, pursuant to the mandates of Art. V, sec. 10(2)(b) of the Wisconsin Constitution,4 forwarded to the legislature the following reason for his action:

Section 153 [as it relates to s. 20.155(l)(j)] provides $350,000 PR in fiscal year 1994-95 for intervenor financing. This is an increase of $150,000 PR over the current base.
I object to this increase in funding because an increase of more than $100,000 is too large. By lining out' the Public Service Commission's s. 21.155(l)(j) appropriation and writing in the smaller amount of $250,000 PR in fiscal year 1994-95, I am vetoing the part of the bill which funds this provision. This will provide the Public Service Commission with adequate funding for intervention activities in that year. I am also requesting the Department of Administration Secretary not to allot these funds.

Article V, sec. 10(1) of the Wisconsin Constitution sets forth a governor's power to approve appropriation bills in whole or in part as follows:

Governor to approve or veto bills; proceedings on veto. Section 10(l)(a) Every bill [491]*491which shall have passed the legislature shall, before it becomes a law, be presented to the governor.
(b) If the governor approves and signs the bill, the bill shall become law. Appropriation bills may be approved in whole or in part by the governor and the part approved shall become law.
(c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill.

Petitioners contend that the above constitutional provision does not authorize the governor to write numerals or words into an appropriation bill. Rather, Petitioners maintain that the plain language of Art. V, sec. 10 of the constitution authorizes the governor either to approve an appropriation bill in whole, or to approve an appropriation bill in part, returning to the legislature the parts to which the governor objects. Approval, according to Petitioners, means to give one's consent; objection means disapproval or refusal to give consent.

The last sentence in subsection (l)(b), empowering a governor to "approve! ] in whole or in part" an appropriation bill, was added to Art. V, sec. 10 of the constitution by a 1930 amendment. At the time Wisconsin approved the amendment, thirty-seven other states granted the governor the power to object to single items in appropriation bills, but no other state constitution utilized the word "part" instead of "item." The Partial Veto in Wisconsin — -An Update, Informational Bulletin 87-IB-3. (August 1988).5 Use of the [492]*492partial veto6 was minimal up until the early 1970's when it became a more popular tool to craft policy. For instance, in 1971, Governor Patrick J. Lucey was the first governor to use the partial veto to remove a single digit from an appropriation — thereby inventing the "digit veto." Id. at 4. And in 1983, Governor Anthony S. Earl invented another version of the partial veto — the "pick-a-letter veto" (the selective vetoing of letters to form a new word, or of digits to form a new number). Id. However, as the parties here readily admit, Governor Thompson has been the state's most prolific governor, in terms of both volume and creativity, in the exercise of his partial veto authority.

Since the time of the 1930 amendment to sec. 10, the supreme court has been called upon to consider the scope of the governor's partial veto power in six cases.7 [493]*493These cases, instructing that a governor wields a broad but not limitless power to object in part to an appropriation bill, necessarily form the basis for our resolution of this case. Thus, before examining the constitutionality of Governor Thompson's challenged partial veto in the present case, we must briefly review those six cases interpreting the governor's partial veto power.

In State ex rel. Wisconsin Tel. Co. v. Henry, 218 Wis. 302, 306-07, 260 N.W. 486, 489 (1935), the first case to construe the governor's power to object to part of an appropriation bill, the governor attempted to veto portions of an appropriation bill declaring legislative intent and creating an agency for administration of a fund. The plaintiff challenged the governor's veto on two grounds, claiming: (1) that the governor vetoed conditions the plaintiff asserted were inseparably connected with an appropriation; and (2) that the governor vetoed parts of the appropriation bill that had nothing to do with an appropriation. Id. at 309, 260 N.W. at 490.

The Henry court first concluded that the parts vetoed were not provisos or conditions inseparably connected to the appropriation bill.8 Id. The court then concluded that the governor has the authority to object [494]*494to any separable part of an appropriation bill, even if it is not an appropriation. Id.

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Citizens Utility Board v. Klauser
534 N.W.2d 608 (Wisconsin Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
534 N.W.2d 608, 194 Wis. 2d 484, 1995 Wisc. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-utility-board-v-klauser-wis-1995.