I am vetoing these sections because I object to the effect redistribution will have on many communities. Smaller rural communities, in particular, would receive less funding than under the current formula; whereas large urban communities would gain additional funding. This redistribution is not based on the cost-effectiveness and efficiency of the local programs, merely population.
9.
Chief Warden
Sections 72L, 362s and 9237 (37g) [as it relates to the decrease in authorized FTE positions]
These sections eliminate 1.0 FTE GPR unclassified administrator position and related funding of $86,200 GPR in fiscal year 2002-03 in the Department of Natural Resources' Division of Enforcement and Science. In addition, these sections require the department to designate a conservation warden as the chief warden, who must designate an internal affairs officer and a complaint officer to handle grievances against conservation wardens. The chief warden will direct, supervise and control conservation wardens in the performance of their duties.
I am vetoing sections 72L and 362s and partially vetoing section 9237 (37g) [as it relates to the decrease in authorized FTE positions] because I object to the infringement on the executive branch's authority to manage programs. I am requesting that the department follow up on public complaints against a warden's actions to ensure accountability of the wardens. Due to the tight fiscal situation, I am retaining the reduction in funding related to the division administrator position and request the department to reallocate existing funds for this position.
10.
Sale of Land by the Department of Natural Resources
Section 72m
This section prohibits the Department of Natural Resources from entering into a contract to sell or exchange state-owned land under its jurisdiction that has a fair market value in excess of $75,000 without first notifying the Joint Committee on Finance in writing. The section creates a passive approval process under which the Committee must notify the department within 14 working days that the Committee has scheduled a meeting to review the contract. In order to approve the contract, the Committee must determine that the sale price or value of the land to be received in exchange adequately reimburses the state for its costs in acquiring and developing the department's land.
I am vetoing this section because I object to the infringement on executive branch authority to manage programs and the limitation on the Natural Resources Board's ability to dispose of or exchange surplus properties to improve the protection of the state's natural resources.
11.
Stewardship Earmark
Section 72p
This section requires the Department of Natural Resources to provide $250,000 from the land acquisition subprogram of the Warren Knowles-Gaylord Nelson Stewardship 2000 Program to acquire conservation easements along the Plover River in Marathon and Portage counties.
I am vetoing this section because I object to the infringement on executive branch authority to manage programs and because the provision is unnecessary. The department already has the authority to acquire conservation easements with Stewardship 2000 Program funds.
12.
Property Maintenance and Development Reduction
Section 9237 (31) [as it relates to the reduction for fiscal year 2002-03]
This section reduces the Department of Natural Resources' appropriation under s.
20.370 (7) (fa), related to property maintenance and development, by $44,700 GPR in fiscal year 2001-02 and $58,200 GPR in fiscal year 2002-03.
I am partially vetoing this section to increase the reduction to this appropriation by $305,100 in fiscal year 2002-03 because I object to the level of expenditure authority in this appropriation during these tight fiscal times. By lining out the amount provided in section 9237 (31) for fiscal year 2002-03 and writing in a larger amount, I am reducing the department's appropriation under s.
20.370 (7) (fa) by an additional $305,100 in fiscal year 2002-03. I am also requesting the Department of Administration secretary not to allot these funds. The remaining expenditure authority plus the carry forward balance in this appropriation will provide funding of approximately $3,200,000 for property maintenance and development activities in fiscal year 2002-03.
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13.
Council on Forestry
Sections 14kr [as it relates to the appointment and terms of members] and 9137 (1v)
These sections designate the members of the Council on Forestry, how they are appointed and the length of their terms. The council is comprised of the chief state forester, four legislators chosen by legislative leadership and fourteen public members appointed by the Governor with consent of the Senate. The members appointed by the Governor would serve five-year terms. Section 9137 (1v) provides for staggered term lengths for the Governor's original appointments.
I am partially vetoing section 14kr [as it relates to the appointment and terms of members] and vetoing section 9137 (1v) to remove the appointment of legislators by legislative leadership, the approval by the Senate of gubernatorial appointments and the specific lengths of members' terms. I object to unnecessary delays in the appointment of council members and the inflexible implementation of members' length of term. The provision codifies the existing Governor's Council on Forestry, which is established by executive order, and the partial veto of this provision will ensure a seamless transition.
14.
Definition of Game Animals
Section 84km
This section modifies the definition of game animals to mean any wild animal specified by the Department of Natural Resources, in addition to deer, moose, elk, bear, rabbits, squirrels, fox and raccoon.
I am vetoing this section because I object to this unnecessary specification. The department already has the authority to designate game animals.
15.
Fishing Season Closure Date and Fishing Shelter Removal Date
Sections 84mg and 84r
These sections require that all fishing seasons on inland and outlying waters end on a Sunday and that any ice fishing shelter removal date fall on a Sunday.
I am vetoing these sections because I object to the infringement on the Department of Natural Resources' and the Natural Resources Board's authority to manage the state's fisheries and to the likelihood that these provisions will raise administrative costs for fisheries management. Furthermore, requiring Sunday closing and removal dates would disrupt uniform closing dates that have been negotiated with neighboring states and would require yearly updating of season schedules.
TOURISM
16.
Badger State Games Assistance
Sections 36kd, 100iz and 9451
This provision requires the Department of Tourism to allocate $50,000 annually beginning in fiscal year 2002-03 to provide assistance to the Badger State Games.
I am vetoing this provision because it is unnecessary. The department already provides financial assistance to this organization. The state of Wisconsin has been a strong partner with the Badger State Games and will continue to be supportive in the future.
TRANSPORTATION
17.
Emergency Preemption Devices
Sections 258pur, 258x, 461u, 9352 (1j) and 9452 (1fh)
These provisions enable political subdivisions to request that the Department of Transportation install emergency preemption devices and confirmation signals on a new traffic signal on a state highway and require the department to comply with the request if the political subdivision contributes fifty percent of the cost. These provisions also require the department to expend federal hazard elimination funds to reduce emergency vehicle response time, regardless of a reduction in motor vehicle accidents. In addition, these provisions require that every new traffic control signal not equipped with a preemption device that is installed by local governments or the department must include the electrical wiring necessary to equip the signal with this device.
I am vetoing these sections because I object to the undue burden they place on the department by requiring it to expend fifty percent of the cost of installation of the preemption devices on traffic signals at the request of the local governments. In addition, I object to placing an unfunded mandate on local governments and the department by requiring them to install wiring for this technology on all new traffic signals without providing additional funding. This activity does not meet federal requirements to use federal hazard elimination funds and the remaining appropriations are insufficient to cover the potential expenses in addition to ongoing maintenance costs. This is an evolving technology and more research is necessary before requiring the department to fund such equipment.
18.
Improvements to the USH 51 and Rieder Road Intersection
Section 9152 (2f)
This section requires the Department of Transportation to allocate up to $300,000 of federal funding for specified improvements to a project on USH 51 in the city of Madison.
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I am vetoing this section because the Department of Transportation is working toward a suitable and appropriate solution to safety issues at the intersection of USH 51 and Rieder Road. The department has installed appropriate safety improvements at the intersection and is currently developing a plan to provide the neighborhood with safe access to USH 51 at an existing signaled intersection.
C. HUMAN RESOURCES
HEALTH AND FAMILY SERVICES
1. Plans for the Centers for the Developmentally Disabled
Section 9123 (3xz)
This section requires the Department of Health and Family Services to establish a task force to study the future of the three centers for the developmentally disabled and make recommendations for needed actions, particularly with respect to the potential closure of a center. The section also specifies the membership of the task force.
I am vetoing this section because it is unnecessary. The department is monitoring the shift of center residents to the community and is studying the future role of the centers. I have directed the secretary of the Department of Health and Family Services to ensure that these actions are being done with full input from the families of residents and interested groups.
2. Ambulance Staffing Requirements
Sections 329r, 329s, 329t, 329u, 329v and 333h
These sections require the Department of Health and Family Services to approve operational plans for ambulance service providers and develop administrative rules. The rules would specify that service providers that were in operation prior to January 1, 2000, must certify that they will always send two paramedics out on ambulance runs. The paramedics must stay together from the beginning of the run to the site of the emergency through the trip to the hospital and back to the station. Ambulance services that began after January 1, 2000, may send a paramedic and an emergency medical technician-intermediate or an emergency medical technician-basic. The emergency medical technicians are qualified to provide fewer patient treatments than a paramedic.
I am vetoing these provisions because I believe that the department should be able to develop rules that would allow staffing flexibility for all ambulance service providers. Wisconsin's current rule requiring two paramedics on each run is one of the strictest in the nation. In this era of extremely tight state and local budgets, providing as much staffing flexibility as possible for localities is beneficial and will help reduce costs while maintaining high-quality emergency services.
3. Public Health Emergencies
Sections 32p, 37n, 42x, 93d, 338g, 367s, 367t and 368t
These sections update and expand upon current statutes related to powers and duties of a variety of entities in responding to a public health emergency. They are based on a national model and give public health officials special powers to identify health threats, control property and take other actions to protect the public's health. They also create two new sum-sufficient appropriations: one for the State Laboratory of Hygiene and another for the Department of Health and Family Services, and expand the uses of the Department of Military Affairs' Division of Emergency Management's existing sum-sufficient appropriation.
I am vetoing the new sum-sufficient appropriations, references to these new sum-sufficient appropriations and the expanded use of the Division of Emergency Management's appropriation because it is not clear that these changes are necessary. In providing Wisconsin's response to the need for increased security and to the recent anthrax threat, these three agencies were generally able to respond using existing resources by reallocating staff to meet the immediate threats. In the event that any future threat requires staffing and funds that exceed existing resources, procedures are currently in place that can be used to seek emergency funding and staff.
Section 367s also requires the Department of Health and Family Services to submit a report biennially, beginning July 1, 2002, to the Legislature describing the state's preparedness to address public health emergencies. I am vetoing the date because it has already passed. I expect the department to submit a report in a reasonable period of time.
4. Study of Federal Primary Health Care Funding
Section 9123 (3f)
This section requires the Department of Health and Family Services to study ways to increase funding for federally-qualified health centers and submit the report by June 30, 2002.
I am vetoing this section because the due date is already past and the department, as part of its program management, is already examining ways to maximize federal funding for these centers.
5. Bioterrorism Plan
Section 9123 (2g)
This section requires the Department of Health and Family Services to include a number of initiatives in its application for federal bioterrorism funds and submit the plan for review and approval of the Joint Committee on Finance by April 15, 2002.
I am vetoing this section because it is unnecessary. The date for submittal is already past, the department has submitted the federal grant proposal and has received federal funding.
6. Medical Assistance Provider Fraud and Abuse
Sections 38r, 121pb, 121pc, 121pd, 121pe, 121pf, 121pg, 121ph, 121pi, 121pj, 121pk, 121pL, 121pm, 121pn, 121pp, 121pq, 121pr, 121ps, 121pt, 121pu, 121v, 121w, 121wj, 121x, 121y, 145g, 145h, 232f, 359f, 1160rd, 1160ut, 9123 (2w), 9223 (18w), 9323 (3yo), 9323 (3yv), 9323 (3yw), 9323 (3yx), 9323 (3yy), 9323 (3yz), 9323 (3yzv) and 9423 (1yv)
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These provisions eliminate new authority granted to the Department of Health and Family Services by
2001 Wisconsin Act 16 to enforce antifraud and provider abuse laws, such as establishing deadlines for provider repayments, requiring repayment before ownership can be transferred and intercepting income tax refunds to repay incorrect provider payments. The provisions also increase the work load of department auditors by subjecting hearings related to the recovery of provider overpayments, notices of decertification, suspensions or sanctions to Class 2 hearing proceeding provisions.
I am vetoing these sections because I object to the restrictions they place on the department's authority to recover payments from fraudulent and abusive Medical Assistance providers. These recoveries are returned to the Medical Assistance program and are used to pay for additional health care services. By limiting antifraud efforts, these provisions could increase the costs of the Medical Assistance program by several million dollars.
7. Medical Assistance Disease Management
Section 9123 (2v)
This section requires the Department of Health and Family Services to develop a request for proposal inviting vendors to submit disease management proposals for the Medical Assistance program by January 1, 2003. I object to requiring the department to complete the process by January 1, 2003, because it does not have a sufficient amount of time to develop a comprehensive request for proposal.
Therefore, I am partially vetoing this section to remove the January 1 deadline, and I am directing the secretary of the Department of Health and Family Services to comply with this provision by April 1, 2003.
Office of the Commissioner of Insurance
8. Small Employer Exemption for Point-of-Service Plans
Sections 509c, 509cm and 509d
These sections delete the exemption for small employers, defined as having twenty-five or fewer employees, from having to offer a point-of-service plan. Under current law, employers with over twenty-five employees that offer a health maintenance organization (HMO) insurance plan or a preferred provider plan must offer a standard plan and a plan that has a point-of-service option. Small employers are currently exempt from that requirement.
I am vetoing these provisions because it will severely affect the ability of small employers to continue to offer insurance benefits. All employers are currently facing double-digit increases in health insurance costs and point-of-service plans will further increase these costs to employers and employees. I do not want to endorse a provision that would increase the likelihood that small employers will discontinue or reduce coverage for their employees.
WORKFORCE DEVELOPMENT
9. Expansion of Retroactive Cash Benefits for Wisconsin Works (W-2) Participants
Sections 119g, 119gd, 119gh, 119gi, 119gj, 119gk, 119r, 121k, 9358 and 9458
These provisions would change the rules surrounding retroactive cash benefits for W-2 clients. Under current law, a person may be eligible to receive retroactive cash benefits under the W-2 program if that person's benefit was improperly modified or canceled, or if the benefit was calculated incorrectly, as determined by the W-2 review process. These provisions would require a W-2 agency to provide retroactive cash benefits to persons whose applications were not acted upon with reasonable promptness and persons who were improperly denied a benefit in whole or in part, as determined by the W-2 review process.
I am vetoing these provisions because they could have significant policy ramifications for the operation of the W-2 program. As such, these policy changes should receive the full review of the legislative committee process and should be addressed through separate legislation.
10. Transfer of Temporary Assistance for Needy Families (TANF) Funds
Sections 64g and 9258 (14d)
This provision would transfer $10,000,000 in unappropriated Temporary Assistance for Needy Families (TANF) funds from the Department of Workforce Development to the Joint Committee on Finance's supplemental appropriation for public assistance programs, to be used for any purpose that is allowed under the TANF program. Under this provision, the department would be required to seek approval from the Joint Committee on Finance under the s.
13.10 process to access the funds.
I am vetoing this provision because it is unnecessary. Under current law, the department may access any unappropriated TANF funds by seeking approval from the Joint Committee on Finance under the s.
16.54 process.
11. Inspection of Contractor Records
