TOMMY G. THOMPSON
Governor
State of Wisconsin
Office of the Governor
April 26, 1996
The Honorable, The Senate:
I have approved Senate Bill 270 as
1995 Wisconsin Act 292 and deposited it in the Office of the Secretary of State. I have exercised my partial veto authority in sections 1, 9 and 35.
S778
SB 270 creates a new standard of dangerousness (the fifth standard) for involuntary civil commitments and emergency detentions for the mentally ill. I strongly support the fifth standard as a proactive approach to prevent harm to the individual or others and to assist the individual in living a more productive and meaningful life. However, I have partially vetoed provisions in SB 270 that require consultation between law enforcement officers and mental health providers prior to detention and some data collection requirements for the Department of Health and Social Services.
Section 1 requires the Department of Health and Social Services to collect and analyze data on all of the following: (a) the number of voluntary and involuntary detentions and commitments; (b) the number of involuntary commitments under the fifth standard; (c) the number of and cost for days of inpatient mental health treatment for voluntary and involuntary commitments; (d) the number of voluntary hospital admissions and the number of, cost of and paying source for days of inpatient mental health treatment for these admissions; (e) the number of persons receiving care in the Community Support Program; (f) the number of persons for whom guardians have been appointed because of incompetency; and (g) the amount of court costs incurred because of emergency detentions and involuntary commitments. I am vetoing the provisions relating to data collection requirements on the number of voluntary detentions and commitments, the number of voluntary hospital admissions, the cost of, and paying sources for inpatient mental health treatment for these admissions, and court costs incurred due to the fifth standard, because of the significant staff and funding resources needed by the Department, counties and the courts which were not provided in this bill. The remaining data collection requirements will be sufficient to allow the Legislature and Department to evaluate the cost and effectiveness of the fifth standard.
Section 9 requires the Attorney General to review and approve or disapprove proposed detentions under the fifth standard and requires law enforcement officers and other persons authorized to take a child into custody under the children and juvenile codes to consult with a mental health provider prior to detaining the individual. I am vetoing the provision requiring prior consultation with a mental health provider because I am concerned that this provision, which was added by the Assembly during floor debate, will inadvertently complicate and cause confusion regarding application of the fifth standard. Currently, a law enforcement officer, upon emergency detention, must deliver to the facility a signed statement detailing the individual's actions which caused the need for detainment under the four existing standards. This procedure must also be followed for detentions under the fifth standard.
Section 35 establishes reporting requirements for the Department of Health and Social Services including the requirement that the Department submit a report to the Joint Committee on Finance (JCF) by February 15, 1996 relating to the cost to implement the data collection requirements contained in the bill. I am vetoing the February 15, 1996 deadline because it is past and I am directing the Secretary of Health and Social Services to submit the report to JCF by September 1, 1996.
SB 270 represents a major step forward for the State of Wisconsin in facilitating treatment for our mentally ill citizens. The authors of the bill and many others throughout the state are to be commended for their diligent hard work in making the fifth standard a reality.
Sincerely,
Tommy G. Thompson
Governor
State of Wisconsin
Office of the Governor
August 30, 1995
To the Honorable, the Senate:
The following bill(s), originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Sincerely,
TOMMY G. THOMPSON
Governor
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State of Wisconsin
Revisor of Statutes Bureau
May 1, 1996
To the Honorable, the Senate:
The following rules have been published:
Sincerely,
GARY L. POULSON
Deputy Revisor
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Relating to deer hunting permits.
Submitted by Department of Natural Resources.
Report received from Agency, April 30, 1996.
Referred to committee on Environment and Energy,
May 1, 1996.
Relating to assessment and treatment of intoxicated drivers.
Submitted by Department of Health and Social Services.
Report received from Agency, April 29, 1996.
Referred to committee on Health, Human Services and Aging, May 1, 1996
.
Relating to requiring a handling fee for certain approvals required for hunting, trapping or fishing.
Submitted by Department of Natural Resources.
Report received from Agency, April 30, 1996.
Referred to committee on Environment and Energy,
May 1, 1996.
Relating to migratory game bird hunting.
Submitted by Department of Natural Resources.
Report received from Agency, April 30, 1996.
Referred to committee on Environment and Energy,
May 1, 1996.
Relating to the computer grant.
Submitted by State Emergency Response Board.
Report received from Agency, April 25, 1996.
Referred to committee on State Government Operations and Corrections, May 1, 1996
.
Relating to hunting and trapping.
Submitted by Department of Natural Resources.
Report received from Agency, April 30, 1996.
Referred to committee on Environment and Energy,
May 1, 1996.
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The committee on Education and Financial Institutions reports and recommends:
Relating to the Milwaukee parental private school choice program.
No action taken.
Alberta Darling
Chairperson
The committee on Human Resources, Labor, Tourism, Veterans and Military Affairs reports and recommends:
Relating to payment after order.
No action taken.
David Zien
Chairperson
The joint committee on Information Policy reports and recommends:
Relating to the provision of universal telecommunications service and the establishment of a universal service fund.
No action taken.
Mary Panzer
Senate Chairperson
The committee on State Government Operations and Corrections reports and recommends:
Relating to supervision fee charged to probationers and parolees.
No action taken.
Gary Drzewiecki
Chairperson
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Chief Clerk's Report
The Chief Clerk records:
Senate Bill 270