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
Sections 153d, 274c and 274cj
This provision requires all contractors and subcontractors on state or local public works projects subject to prevailing wage laws to allow the public access to inspect payroll records for those projects.
I am vetoing this provision because, under current law, the Department of Workforce Development is already required to inspect payroll records to determine compliance with prevailing wage laws at the request of any person. Following the investigation, those records are made public and may be examined by anyone. For state highway projects, the Department of Transportation is also authorized to inspect payroll records and can require the appropriate district attorney to investigate and prosecute violations as necessary.
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Requiring contractors to directly make these records available to the public would create an unnecessary and duplicative burden on private employers. If individuals wish to obtain these documents, they need only file a request with the appropriate department.
D. JUSTICE
CORRECTIONS
1. Interagency and Intraagency Programs Lapse
Section 9211 (2c)
This provision requires the Department of Corrections to lapse $2,267,800 PR from its interagency and intraagency programs appropriation in fiscal year 2001-02.
I am vetoing the requirement that the amount be lapsed from the interagency and intraagency programs appropriation because I object to the limits this provision places on the department's flexibility. This partial veto will provide the department with the flexibility to lapse the required amount from multiple appropriations within the department.
The effect of this veto will be to require the department to lapse $2,267,800 to the general fund in fiscal year 2001-02.
2. Visitors Bus
Sections 26 [as it relates to s.
20.410 (1) (gv)], 37m, 377b, 377c and 377d
These provisions create a new annual program revenue appropriation and provide $60,000 PR in fiscal year 2002-03 for inmate visitor transportation. The Department of Corrections would be allowed to charge a reasonable fee or utilize funding from gifts, grants and donations to pay the cost of transporting persons visiting inmates in state prisons.
I am vetoing these provisions because administration of the program would be difficult under the proposed funding structure. Collection of a fee would be difficult and it is unlikely enough revenue could be generated from fees and donations to sustain the program. As a result of this veto, the department will not operate a visitors bus.
3. Inmate Secure Work Program
Sections 421, 428 and 9411
This provision repeals the inmate secure work program operated by the Department of Corrections.
I am vetoing this provision to allow the department the flexibility to continue to operate an inmate secure work program. The funding and positions associated with the program are being eliminated, but the department will have the ability to operate the program with existing resources. Elimination of the program will reduce the department's ability to provide meaningful work experience to inmates and result in increased inmate idleness. Elimination of the program will also reduce the department's ability to perform community services such as cleanup efforts following natural disasters, painting public buildings and brush trimming throughout the state.
4. Declining Probation and Parole Fees
Sections 431g and 431k
This provision permits the Department of Corrections to adopt administrative rules to establish a declining supervision fee on a case-by-case basis based on an offender's supervision level.
I am partially vetoing this provision because I object to the limits placed on the department's ability to establish offender supervision fees. The department needs flexibility to establish appropriate fee schedules.
5. Supermax Conversion Study
Section 9111 (4q)
This provision directs the Department of Corrections and the Department of Administration to conduct a study for inclusion in the 2003-05 capital budget for the conversion of the Supermax Correctional Institution from a supermaximum security institution to an institution with a combination of supermaximum and maximum security beds.
I am vetoing this provision because the requirements impose an undue burden and timing requirement at a time when agency budgets are limited.
6. Out-of-State Prison Bed Contracting
Sections 377db, 377dc and 377df
This provision requires the Department of Corrections, when contracting for out-of-state contract beds, to give preference to an entity that meets the following qualifications: house prisoners in facilities near Wisconsin; provide alcohol and other drug abuse treatment, education, job preparation, other elements of treatment, and comprehensive assessment of offenders to establish effective courses of treatment and rehabilitation; offer a facility that is staffed by trained certified professionals; and is managed and supervised by a team of licensed professionals (including educators, certified counselors, vocational specialists and medical professionals). The preference requirement would apply if the entity offers a daily rate that is comparable to the lowest good faith rate offered by other entities offering facilities for out-of-state placement of offenders.
I am vetoing this provision because the requirements impose a burdensome work load without additional resources at a time when agency budgets are limited. The department currently requires potential vendors to provide alcohol and other drug abuse treatment, education, job opportunities and other treatment options to offenders. The department also requires facilities that house Wisconsin inmates to be staffed with trained professionals, including educators and medical professionals.
7. Reduction of Salary and Fringe Benefits Appropriation
