The Assembly Democrats, joined by a handful of Republicans, failed to garner the 66 votes needed to override the Governor’s veto of Assembly Bill 138, which would have removed the Governor’s authority to appoint the Department of Natural Resources secretary and handed the authority to the unelected Natural Resources Board members.

The bill passed both the Senate and Assembly last year, but was subsequently vetoed by Gov. Jim Doyle. A veto override requires a two-thirds vote in both the Assembly (66) and the Senate (22). The Assembly was only able to garner 58 votes in favor of an override of the Governor’s veto.

Proponents of AB 138, which includes environmental and sportsmen groups, argued that by allowing the Natural Resources Board the authority to appoint the DNR secretary (instead of the Governor) removes the political nature of decision making within the agency.

Opponents of the bill, including Gov. Jim Doyle, current DNR Secretary Matt Frank, and business groups opposed the measure. They argued that removing the DNR secretary from a cabinet level position would leave the DNR unaccountable and would allow unelected bureaucrats to essentially run the massive state agency. Gov. Doyle in his veto message noted that the DNR Secretary is “an integral part of a Governor’s Cabinet, playing a regular and key role in interagency projects,” and that a secretary appointed by the Governor “ensures a direct line of accountability for citizens concerned about the natural resources policy” of this state.

The Assembly Clean Energy Jobs Committee is holding its last public hearing today on Assembly Bill 649, the 174-page bill encompassing numerous policy recommendations from the Governor’s Task Force on Global Warming. (The Senate companion bill is SB 450.)

The Senate finished its hearings last week. The biggest news from the Senate hearings last week were statements made by Democrat Senators Jeff Plale (South Milwaukee) and Bob Jauch (Superior) noting their concerns with portions of the bill, in particular the Low Carbon Fuel Standard (LCFS) provision. An LCFS would essentially restrict the use of oil derived from Canada’s oil sands. Wisconsin currently receives roughly 50 percent of its oil from Canada. An LCFS would also punish ethanol.

Once the hearings conclude, it is expected that legislators may begin paring back controversial provisions to make the bill more likely to pass. What, if anything, is removed remains to be seen.

Hamilton Consulting Regulatory Watch will continue to provide timely updates as the legislation moves forward.

Wisconsin Assembly Speaker Mike Sheridan (D-Janesville) and Rep. Spencer Black (D-Madison) today announced plans to bring Assembly Bill 138 to the Assembly floor next week in an attempt to override the Governor’s veto. AB 138 would remove the Governor’s ability to appoint the Department of Natural Resources Secretary and instead hand that authority to unelected Natural Resources Board members.

The bill passed (61-32) the Assembly in September 2009, but subsequently was vetoed by Gov. Jim Doyle. A veto override requires a two-thirds vote in both the Assembly (66) and the Senate (22).

Democrats hold a 52-vote majority. Therefore, it will require Republicans to join the Democrats for a successful override. Since supporters of AB 138 were short by five votes the necessary amount to override a veto, it remains to be seen whether there will be sufficient votes when the bill is brought up next week.

The Feb. 3  issue of Hamilton Consulting Group’s Political Tidbits highlights recent political and policy developments in Wisconsin. See  Tidbits for the following articles:

• Senate and Assembly Begin Hearings on Climate Change Legislation
• Gov. Doyle Gives Final State of the State Address
• Senate Expands Medical Liability
• Assembly Committee Hears Testimony on “Gender-based Harm” Bill
• Bill Extends Statute of Limitations for Intentional Torts; Headed to Governor’s Desk
• Senate Passes Issue Ads Legislation
• U.S. Supreme Court Issues Landmark Decision Striking Down Campaign Finance Laws
• EPA Proposes Stricter Smog Rules