This section requires that the Well-Woman Program earmark $60,000 GPR annually of its current appropriation for multiple sclerosis screening.
I am partially vetoing this section because the earmark is arbitrary and could reduce the Department of Health Family Services' ability to fund other needed services, such as breast and cervical cancer screening. This veto will remove the reference to "each fiscal year" and delete the word "screening" so that the department can use the $60,000 as needed to cover the actual annual costs of providing referrals to appropriate health care providers and for multiple sclerosis education. My intent is to give the department the flexibility to determine the level of spending needed in each fiscal year until a total of $60,000 has been expended for these services. If the level of multiple sclerosis spending over the biennium is insufficient to fully expend the $60,000 earmark, the commitment will carry forward into future fiscal years until it is fulfilled.
25. Northern Wisconsin Center
Sections 1490c and 1496c
These sections prohibit the Northern Wisconsin Center for the Developmentally Disabled from transferring residents and staff to other centers on an involuntary basis. I am vetoing section 1490c and partially vetoing section 1496c because they limit the center's flexibility in best meeting resident treatment needs and in best allocating staff to meet workload demands. Current law already provides adequate protection because residents may only be transferred to another center with the permission of the legally responsible county, or by court order. Transfers are done in consultation with residents' guardians, and are based on the best interests of the residents. The Department of Health and Family Services also requires flexibility to deploy positions to areas of need, consistent with current bargaining agreements. I am vetoing these sections to retain this flexibility and to ensure that individuals with developmental disabilities are placed in appropriate facilities.
26. Daily Rate for Community Placements
Section 1320
S317
This section identifies the daily placement rate for people moved from the centers for the developmentally disabled to placements in the community. The rate would increase from $225 per day to $325 per day beginning in fiscal year 2004-05. I am partially vetoing this section so that the new rate takes effect in fiscal year 2003-04 because the higher rate enables individuals to be placed in the community where they can be served well and in a cost-effective manner.
27. Bureau of Quality Assurance Surveyors
Section 1466d
This section requires that the bureau responsible for surveying community facilities, such as nursing homes, reduce the number of staff at the same percentage as the decrease in the number of facilities.
I am vetoing this section because it may result in less oversight of community facilities. Staffing demands may not decrease proportionately with the decrease in the nursing home population due to increased intensity of care required for the population that remains in such facilities.
28. Income Augmentation Plan
Sections 1154e, 1157b, 9224 (2c) and 9424 (10c)
These sections delete the authority of the Department of Health and Family Services to propose the use of income augmentation funds for purposes other than supporting costs exclusively related to augmenting federal income, or other uses provided for by law or in budget determinations, effective July 1, 2005. In addition, these sections would require the department to lapse all future income augmentation revenue received during the 2003-05 biennium that is not budgeted or lapsed elsewhere in this budget.
I am partially vetoing sections 1154e, 9224 (2c) and 9424 (10c) and vetoing section 1157b because the Joint Committee on Finance plan review process in current law provides for sufficient legislative oversight of proposals for the use of income augmentation revenue for purposes other than those specified in statute. In addition, I am vetoing these provisions because they unduly limit the department's ability to respond to unforeseen needs and effectively manage programs. The effect of these vetoes will be to maintain current law, giving the Department of Health and Family Services the authority to propose the use of income augmentation revenue for purposes other than those specified in statute.
Under current law the Department of Health and Family Services is required to submit a plan for the proposed use of income augmentation funds for purposes other than those specified in statute to the Department of Administration secretary. If the secretary approves the plan, it is submitted to the Joint Committee on Finance for review. The Department of Health and Family Services may then implement the plan only if approved by the Joint Committee on Finance.
29. Wisconsin Statewide Automated Child Welfare Information System
(WiSACWIS)
Sections 448t, 1104m and 9324 (15x)
These sections require counties to support 50 percent of the nonfederal portion of the ongoing costs of the Wisconsin Statewide Automated Child Welfare Information System (WiSACWIS). This would result in an increased cost to counties of approximately $268,700 annually.
I am vetoing these sections because I object to the unfunded mandate they impose on county governments, which have previously agreed in good faith to support 33 percent, not 50 percent, of the nonfederal, ongoing costs of WiSACWIS. Furthermore, the increased county costs may slow implementation of WiSACWIS, a situation that could force the state to return federal matching funds and pay noncompliance penalties.
JUSTICE
30. Consumer Protection Assessments
These provisions create a new appropriation and require the Department of Administration secretary to transfer an amount equal to the unassessed consumer protection assessment from the Department of Justice's GPR state operations appropriations to the Department of Agriculture, Trade and Consumer Protection's PR consumer protection, assessments appropriation. This transfer is to occur whenever a court fails to impose a consumer protection assessment as required under current law.
I am vetoing these provisions to return to current law because the required transfer arbitrarily and unfairly penalizes the Department of Justice. District attorneys have significant discretion to prosecute statutory, rule and ordinance violations under Chapter
98 (Weights and Measures) and Chapter
100 (Marketing; Trade Practices), in collaboration with the Department of Justice. Most importantly, current law requires a Wisconsin court to impose a consumer protection assessment and credits the assessment amount to the Department of Agriculture, Trade and Consumer Protection's appropriation. I urge the Chief Justice, as the administrative head of the state judicial system, to ensure that Wisconsin courts impose this assessment. The action or inaction of district attorneys and courts with regard to these assessments should not be the basis for reducing funding for the law enforcement efforts of the Department of Justice.
31. Criminal History Searches; Fingerprint Identification Appropriation
S318
This provision converts the Department of Justice's criminal history searches and fingerprint identification appropriation from a continuing to an annual appropriation.
I am vetoing this provision because it unduly restricts the department's ability to maintain and increase fund balances in future years. The department should have the flexibility to monitor these fund balances, to plan for the long-term needs of the Crime Information Bureau and, thereby, avoid requesting supplementation from the Joint Committee on Finance appropriations.
32. Department of Justice Required Lapses
Section 9232 (2r)
Section 9232 (2r) requires the Department of Administration secretary to lapse $1,567,000 PR-O in fiscal year 2003-04 and $1,208,000 PR-O in fiscal year 2004-05 from the Department of Justice's crime laboratories and drug law enforcement assessment appropriation under s.
20.455 (2) (Lm).
I am vetoing this section because I object to imposing this excessive lapse requirement on the Department of Justice. Lapsing the amount required by the Legislature from the crime laboratories and drug law enforcement assessment appropriation could force the department to close the Wausau Crime Laboratory, and drastically reduce funding for the two remaining labs. The effect of my veto will be to allow the Department of Justice to retain this fee revenue, which will ensure that the department has the resources needed to continue providing the services local law enforcement agencies depend upon to solve cases and apprehend offenders.
OFFICE OF JUSTICE ASSISTANCE
33. Federal Homeland Security Funding
Sections 286 [as it relates to s.
20.465 (3) (mg)], 562m and 2111j create a federal continuing appropriation under the Department of Military Affairs' emergency management services program and establish oversight responsibility for the receipt and expenditure of funds for homeland security programs to be administered by the department. Section 2111g requires the department's Division of Emergency Management to apply for contracts, and receive and expend federal funds related to homeland security. The section enumerates, as a statutory duty of the Adjutant General, the administration of federal homeland security funds and also requires the Adjutant General to notify the Joint Committee on Finance of proposed expenditures.
I am vetoing these provisions because I have designated the Office of Justice Assistance as the state-administering agency for federal homeland security-related grant programs. By deleting these provisions, the office remains the designated agency to administer the federal homeland security funds. The office is better equipped to oversee homeland security grants because it is experienced in administering a variety of federal and state, criminal justice, and law enforcement grant programs.
The office will closely coordinate homeland security programs with the Department of Military Affairs' Division of Emergency Management. The office will focus on grants administration while the Department of Military Affairs will focus on carrying out emergency management duties of the Adjutant General and administering state and local government responses to natural and man-made disasters, including the threat of chemical and biological weapons of mass destruction. The Adjutant General continues to be the principal assistant to the Governor for emergency management activities.
PUBLIC DEFENDER BOARD
34. Base Budget Reductions
Section 9140 (1z)
This section directs the State Public Defender to report monthly to the Joint Committee on Finance regarding the expenses, obligations and current balance in the private bar and investigator reimbursement appropriation.
I am vetoing this section to remove this requirement because it is excessive. Existing statutory requirements are adequate in the direction they give the State Public Defender to provide quarterly reports to the Department of Administration and the Joint Committee on Finance. Under s.
977.085, the State Public Defender reports every quarter on private bar and staff case loads, reimbursement and recoupment revenue, current fiscal year and projected expenditures, and plans to improve reimbursement and recoupment procedures. The State Public Defender also periodically addresses projections that indicate that appropriation moneys will be expended prior to the end of the current fiscal year. Any necessary changes to the State Public Defenders' GPR expenditure authority can be approved by the Joint Committee on Finance under the s.
13.10 process.
D. STATE GOVERNMENT OPERATIONS
BUDGET MANAGEMENT AND COMPENSATION RESERVES
1. Discretionary Compensation Adjustment Reductions
Section 9160 (2f)
S319
This provision creates a requirement that the Department of Administration secretary determine the annualized value of the discretionary compensation adjustments, including the associated fringe benefits costs, awarded in fiscal year 2001-02 to nonrepresented classified employees and reduce each associated appropriation by an amount equal to 27 percent of the determined annualized amount.
I object to and am partially vetoing this provision because the required method of apportioning the reduction does not offer the appropriate level of flexibility required in the current fiscal environment. Every appropriation that had such adjustments would have to be reduced under this provision. This is unnecessary, since other appropriations may be used to meet the reduction and lapse requirements. As implemented by the Department of Administration, the effect of this partial veto will be to require the same annual lapse and transfer amounts to the general fund as were intended in the budget bill: $520,000 GPR-lapse, $130,900 FED-lapse, $400,000 PR-lapse, $80,000 SEG-lapse and $480,000 in GPR departmental revenues. Through this veto, the Department of Administration secretary may apportion these reductions in alternate ways.
ADMINISTRATION
2. Attorney Positions
Section 9101 (9x)
This provision requires the Department of Administration secretary to ensure that on January 2, 2004, not less than 31.0 FTE vacant and, if necessary, filled attorney positions are eliminated from state agencies.
I am partially vetoing this provision to remove the exclusive focus on attorney positions because it is too limiting. I am also partially vetoing this provision to direct the position reductions on vacant positions because I object to unnecessarily eliminating filled positions. As a result of this veto, the reduction in 31.0 FTE positions can be made from any vacant position identified by the secretary.
While my veto removes the focus of this reduction on attorney positions, I remain concerned about the numbers and organization of attorneys in the state work force. My consolidation proposal, which was rejected by the Legislature, would have streamlined the provision of legal services by transferring attorneys in executive branch agencies to the Department of Administration. This proposal would have resulted in a leaner and more efficient legal services organization. Attorney positions will be among the first that the Department of Administration secretary examines when implementing the 31.0 FTE position reduction by the prescribed deadline. However, I want to be able to make reductions that deliver the greatest efficiencies. In order to preserve this option, I exercise my partial veto authority.
3. State Agency Appropriation Lapses to the General Fund
Section 9260 (1)
This provision presents the amounts of program revenue cash balances that are directed to be lapsed to the general fund by certain state agencies. These lapses include a requirement for the Department of Commerce to lapse an amount equal to $2,400,000 over the biennium from repayments of Recycling Market Development Board loans or certain financial assistance appropriations to the general fund. The provision also includes a means for the Department of Commerce to propose alternate lapse plans to the secretary of the Department of Administration, who may approve or modify the alternate plans and submit those plans to the Joint Committee on Finance for 14-day passive approval.
I am partially vetoing this provision to give agencies greater flexibility in proposing and implementing alternate lapse plans. I object to the limitations placed on state agencies by the Legislature in implementing the many reductions and lapses in this budget. The effect of my veto will remove the Joint Committee on Finance from the review process, so that the Department of Administration may give final approval to alternate lapse allocation plans. As this veto removes the requirement relating to the Recycling Market Development Board loan repayments, I am also requesting that the Department of Commerce ensure that the maximum amount of loan repayments are collected to offset any potential fiscal effect of this veto.
4. Local Revenue Sharing Board
Sections 286 [as it relates to s.
20.505 (8) (k)], 615m, 615r and 1531m
This provision requires the creation of a four-member board in each city and county in which a gaming facility is located. Each board would be required to: (1) determine annually the costs of each political subdivision for providing public safety (fire, police and emergency medical) services to casinos and certify the total amounts to the Department of Administration; (2) create a methodology for each political subdivision to determine casino-related public safety costs; (3) enter into a cooperative agreement with public safety entities to determine an apportionment formula for distributing payments of tribal gaming revenues; and (4) set up an account at a local financial institution for the deposit of all tribal gaming revenues received from the state or tribes.
S320
Additionally, the provision creates a new program revenue sum sufficient appropriation from tribal gaming receipts under the Department of Administration, capped at $225,300 annually, to pay local boards the amounts of public safety services costs certified to the department, but only if these costs are not payable directly to local governments pursuant to tribal compacts.
The provision further exempts first-class cities or counties with a population of at least 500,000 from these requirements.
I am vetoing this provision in its entirety because it creates a new, and unnecessary, layer of government to deal with matters that existing governmental structures and processes can already address. In addition, this provision offers questionable relief to local units of government and would likely prove to be insufficient to accomplish the intent of the language. The fiscal effect of this veto is to increase GPR-earned by $225,300 in fiscal year 2003-04 and $225,300 in fiscal year 2004-05.
5. Interest Component in Risk Management General Fund Supplements
Section 222m
This section requires the Department of Administration to lapse to the general fund from available program revenue balances of the State Risk Management Program equal to any payments that may need to be made, plus interest, from the GPR sum sufficient risk management appropriation.
I am partially vetoing this section to remove the interest component of the repayment requirement because it is unnecessary. Lapses from program revenue balances equal to the payments will be sufficient to ensure the general fund is adequately reimbursed.
6. Public Benefits: Limitation on the Public Service Commission
Section 2317m
This section would prohibit the Public Service Commission from requiring: (a) utilities to perform additional energy conservation or efficiency programs or (b) ratepayers to pay additional funds due to transfers from the public benefits fund.
I am vetoing this section because it may have the effect of restricting the commission in carrying out its overall energy conservation program responsibilities. The commission is required to seek additional energy conservation or efficiency programs as part of approving utility projects. Because Wisconsin is experiencing a construction period for electrical generating facilities, the Public Service Commission needs all available tools to ensure that projects meet the public interest.
7. Required Report on Gaming Expenditures
Section 9101 (12d)
This provision requires the Department of Administration, no later than September 1, 2004, to submit a report to the Joint Committee on Finance regarding supplies and services expenditures incurred relating to the expanded responsibilities of the Office of Indian Gaming.
I am vetoing this provision because it is unnecessary. This information is available at any time.
8. State Government Management Systems and Web Site
Sections 215m, 230d, 230h, 230p, 230t, 9101 (4k), 9101 (14p) and 9401 (2k)
These provisions direct the Department of Administration secretary to solicit sealed proposals for developing several statewide Web-based information systems and to submit reports on these to legislative standing committees by July 1, 2004; require state agencies to submit to the department, for its approval, expenditure estimates for the costs of all printed publications that are not required by state constitution or law; and subject the development and maintenance of geographic information systems to approval by the Land Information Board. A related provision authorizes the department to implement an enterprisewide reporting, data warehousing and data analysis system.
I object to this requirement because its cumbersome nature will actually make state government less efficient. The requirements to pursue enterprise level Internet-based systems are well meaning and consistent with the department's goals in implementing state government technology. However, the complexity of the task and the magnitude of effort necessary to comply with the provisions within the arbitrary timeframe allotted are beyond the capacity available to the department and state agencies to accomplish in a manner that produces a less costly and more efficient system.
The requirement to individually review and approve agencies' printed publications not required by law is also inefficient, and I object to it. Finally, I object to the Land Information Board approval requirements as nonfiscal policy included in the budget. I am, therefore, vetoing all of these provisions. I am not vetoing a related provision concerning an enterprisewide reporting, data warehousing and data analysis system. This provision will enable the department to develop a more cost-effective information system.
9. Computer Services Rate Setting by Rule
Section 778 [as it relates to promulgation of service rate methodology by rule]
S321
This provision requires the Department of Administration to follow the administrative rule procedure to set and promulgate methodologies and fees for computer services to agencies. I object to this requirement because it is burdensome and inefficient. I am, therefore, partially vetoing this provision to preserve the current methodology.
10. Transfer or Lapse of Information Technology Funds
