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Conservatively Speaking

State Senator Mary Lazich (R-New Berlin) represents parts of four counties: Milwaukee, Waukesha, Racine, and Walworth. Her Senate District 28 includes New Berlin, Franklin, Greendale, Hales Corners, Muskego, Waterford, Big Bend and parts of Greenfield, East Troy, and Mukwonago. Senator Lazich has been in the Legislature for more than a decade. She considers herself a tireless crusader for lower taxes, reduced spending and smaller government.

Putting a stop to raiding funds in state budget

By Mary Lazich
Saturday, Dec 15 2007, 11:45 AM
The state Legislature is taking steps to restore credibility and honesty to the state budget process.

This week, the state Senate approved for the second time a constitutional amendment to do away with the Frankenstein veto power of Wisconsin governors. Voters will get to decide on the issue in a statewide referendum April 1, 2008.

Another related constitutional amendment cleared its first hurdle this week when the state Assembly approved Assembly Joint Resolution 34 (AJR 34) on a vote of 91-6.

AJR 34 would prohibit
state lawmakers from raiding segregated funds to fill budget holes and prevent funds from being used outside their original intent.

Here is an analysis of AJR 34 from the Legislative Reference Bureau:

This proposed constitutional amendment, proposed to the 2007 legislature on first consideration, permits the creation of a state fund, or program revenue appropriation account thereof, other than a fund or account related solely to the issuance or payment of public debt or other obligation, only if two−thirds of all the members elected to each house concur therein.

Any state fund, or program revenue appropriation account thereof, created by law before, on, or after the date of ratification of this amendment remains in effect until abolished by law, and the purpose for which the fund or account was created may not be changed by law.

The proposal also provides that a state fund, or program revenue appropriation account thereof, created before, on, or after the date of ratification of this amendment may not be lapsed, transferred, or expended in any manner that would conflict with the purpose of the fund or account. If a state fund, or program revenue appropriation account thereof, is abolished, all unencumbered moneys in the fund or account as of the date the fund or account is abolished are transferred to the general fund of the state.”

After the 2005-07 state budget was approved by the Legislature, Governor Doyle partially vetoed 752 words out of a large section of the budget to create a 20-word sentence. The result was a raid of $427-million from the Transportation Fund to pay for schools, an appropriation the Legislature never authorized.

The 2007-09 state budget transfers $200 million from the state's Patient Compensation Fund to the general fund. The Wisconsin Medical Society is now suing the state because of the raid that could be illegal.

This is the first consideration of AJR 34. The amendment must still pass the state Senate in this legislative session, then be approved by both houses of the Legislature in the next legislative session before going to voters in a statewide referendum.

When citizens pay a tax or fee designated for a specific purpose, they expect the funds will be used in that manner. The use of funds for other programs or services other than those the funding was intended for is a serious breach of faith and trust with the public. These raids are wrong and must be stopped.

I support AJR 34 and will vote in favor of the amendment if it is scheduled for action in the state Senate.

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