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.

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.

Gov. Jim Doyle today vetoed AB 138, which would have removed the Governor’s authority to appoint the DNR Secretary and handed the authority to the Natural Resources Board. In his veto message, Gov. Doyle 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.

As we recently reported, it remains uncertain whether there will be enough enough votes (two-thirds majority) in each house to override the Governor’s veto.

The Senate yesterday passed a measure that removes the Governor’s authority to appoint the Department of Natural Resources Secretary, handing the authority to those appointed to the Natural Resources Board. The Senate amended AB 138 to allow the Senate to confirm the Secretary after he or she is appointed by the Natural Resources Board.

Opponents argue that the bill provides less accountability by allowing unelected bureaucrats on the Natural Resources Board to decide who will run the influential agency. Critics note that even though the Natural Resources Board members are appointed by the Governor, they have staggered terms and therefore are not held accountable to the voters because a newly elected Governor has no authority to remove sitting Board members. Proponents of the bill counter that it takes the “politics” out of the DNR.

The bill’s ultimate fate is in question given Gov. Jim Doyle’s repeated threats to veto the bill. It takes two-thirds in each house to override the Governor’s veto. It remains to be seen whether there are enough votes in either house to sustain a veto override.

The Assembly Committee on Natural Resources today held a public hearing on Assembly Bill 138, sponsored by Rep. Spencer Black (D-Madison), which would remove the governor’s authority to appoint the Department of Natural Resources secretary.

Under current law, the DNR secretary is nominated by the governor and confirmed by the Wisconsin Senate. Assembly Bill 138 would remove the governor’s authority to appoint the DNR secretary. The bill would grant the Natural Resources Board the authority to appoint the DNR secretary to a four-year term. In addition, AB 138 grants the Natural Resources Board the authority to remove the secretary at any time.

The proponents of the bill argued that by allowing the Natural Resources Board the authority to appoint the DNR secretary it takes away the political nature of decision making within the agency. Opponents, including current DNR Secretary Matt Frank, argued that the present system works well and ensures that the DNR secretary remains accountable to the governor, an elected official — unlike the Natural Resources Board, which is not accountable to the electorate. Under Wisconsin law, the members of the Natural Resources Board are appointed by the governor and confirmed by the Wisconsin Senate.

While it appears there are enough votes to pass the legislation, with Gov. Jim Doyle publicly announcing his opposition to the bill, it remains to be seen whether the Governor will veto the bill, and if so, whether the Legislature will have enough votes to override a veto. (The Legislature can override a veto with a two-thirds vote in both houses).