Sections 1856f and 9437 (3v)
These sections require the Department of Public Instruction to obtain approval from the Joint Committee on Finance, through a 14-day passive review process, for plans to use federal funding to support the department's general program operations.
I am vetoing these sections because it is important that state agencies have the flexibility to manage their budgets. Requiring agencies to seek approval from the Joint Committee on Finance for administrative costs that are supported with federal funds places an unnecessary burden on the agency and removes the operational flexibility required to provide services in an efficient manner. Furthermore, the department would be the only state agency subject to this requirement, and I object to it being singled out in this way.
11. Special Education Studies
Section 9137 (2q)
This section requires the Department of Public Instruction to complete a study of the distribution of special education aid on a census basis rather than a cost reimbursement basis and to report to the Joint Committee on Finance by December 1, 2006. This section also requests the Joint Legislative Council to study the effectiveness of the state's special education policy and funding, and to report its findings, conclusions and recommendations to the Legislature by January 1, 2007.
I am vetoing this section because it is unnecessary. The department may conduct studies without a specific statutory directive, and the Legislature does not require specific statutory language to request a Joint Legislative Council study.
UNIVERSITY OF WISCONSIN SYSTEM
12. Surcharge Beyond 125 Percent of Graduation Requirements
Section 697rm
This section requires the University of Wisconsin System Board of Regents to charge students the full cost-per-credit for any credits exceeding 125 percent of the graduation credit requirements towards a first baccalaureate degree.
I am vetoing this section because it is unnecessary given current board policy. Beginning with the 2004-05 academic year, the Board of Regents requires that students accumulating more than 165 credits or 30 credits above what the major requires, whichever is greater, pay a tuition surcharge equal to 100 percent of the cost of instruction. Furthermore, I am concerned that the requirement, if enacted, would adversely affect students who change majors, arrive with advanced placement credits or pursue double majors, issues that were considered by the Board of Regents prior to setting its current policy.
13. Course Retake Surcharge
Section 697s
This section requires the University of Wisconsin System Board of Regents to charge students a 100 percent surcharge for each course retaken as a result of a failing grade on the first attempt.
I am vetoing this section because the issues that surround failing a course are often complex. Students do not always fail courses because they are not doing the work. Family and medical issues, the stress of adjusting to campus life, and the need to work to pay tuition while attending the university can result in academic problems for which students should not be penalized. In addition, many campuses already have course retake policies in place that discourage repeating courses while ensuring that students maintain adequate academic progress. Furthermore, enactment of this provision may do little more than encourage students to drop difficult courses early in the semester, simply to avoid the surcharge.
14. Task Force on University of Wisconsin-Waukesha
Sections 140 [as it relates to s. 20.285 (1) (a)] and 9152 (6r)
These sections create a task force and provide $30,000 GPR in fiscal year 2005-06 to study and develop an implementation plan for merging the University of Wisconsin-Waukesha with the University of Wisconsin-Milwaukee. Section 9152 (6r) further requires that the two campuses be merged no later than July 1, 2007.
The University of Wisconsin Board of Regents, under its existing authority, has the ability to review its policies and take actions to improve the quality of education and expand opportunities for students to complete baccalaureate degrees. To this end, a number of agreements between the University of Wisconsin-Milwaukee and the University of Wisconsin-Waukesha already exist to permit students at the University of Wisconsin-Waukesha to complete baccalaureate degree programs at Waukesha and receive a degree from the University of Wisconsin-Milwaukee.
A390 The Board of Regents, in its on-going efforts to increase the number of baccalaureate degree recipients in Wisconsin, should give consideration to merging the two campuses. In such a review, the Board of Regents should examine the issue of maintaining access and affordability to the University of Wisconsin-Waukesha. The Board of Regents should consult with not only representatives of both the campuses, but also community, political and business leaders in the metropolitan Milwaukee area.
The Board of Regents should take any necessary actions, including recommending to the Legislature the merger of the aforementioned two campuses, to increase the number of baccalaureate degree recipients in Wisconsin.
Although there is no language in the budget bill that authorizes the increase to fund the task force, the purpose of this funding was included in a Joint Committee on Finance amendment to the bill. By lining out the system's s. 20.285 (1) (a) appropriation and writing in a smaller amount that deletes $30,000 in fiscal year 2005-06, I am vetoing the part of the bill that funds the task force. I am also requesting the Department of Administration secretary not to allot these funds.
15. Collaboration Study
Section 9152 (7f)
This section requires the University of Wisconsin Board of Regents to study possible collaborative efforts between the University of Wisconsin-Superior and the University of Minnesota-Duluth.
I am vetoing this section because the study is unnecessary. Collaboration between the two institutions already exists and is ongoing. While I am in support of collaborative efforts and would encourage the Board of Regents to continue developing and implementing collaboration with Minnesota and other campuses where appropriate, there is no need for a study.
16. Repeal of Certain University of Wisconsin System Reporting Requirements
Sections 78m, 484m, 486m, 695p, 697m, 697r, 704t, 704w, 704x and 738p
These provisions repeal certain University of Wisconsin System reporting requirements, including reports on: (a) student fee funded reserves; (b) state-imposed costs not covered by general purpose revenue; (c) 100 percent fee funded course offerings; (d) the University of Wisconsin System's sick leave accounting system; (e) the industrial and economic development research program; (f) in-kind contributions and nonfederal gifts and grants; (g) interest paid by the system in the previous fiscal year due to any delayed payments to vendors; and (h) program revenue appropriations with a cash overdraft.
I am vetoing these provisions because I object to the elimination of these reports without further study, especially at a time when some University of Wisconsin policies and practices have come under question. It is important to keep all state agencies, including the University of Wisconsin System, accountable for the expenditure of state tax dollars. For example, one of the reports slated for elimination is a report on the University of Wisconsin System's sick leave policy, which has come under scrutiny recently.
Additionally, campuses are funding more student sponsored projects with student funded fees. One of the reports slated for elimination requires the system to report on the reserves being maintained for these student fee funded projects. To ensure that student interests are protected, it is important that the Governor and the Legislature be aware of these reserves to make sure they are maintained at appropriate levels. Eliminating this report and the other reports included under this provision could erode the state's ability to monitor the University of Wisconsin System and hold it accountable. While some of these reports may provide little useful information and may warrant repeal, eliminating them should follow a review of their merits.
17. Midwest Higher Education Compact
Section 140 [as it relates to s. 20.285 (1) (a)]
This section provides $40,000 annually to the University of Wisconsin System to partially cover Wisconsin's dues for membership in the Midwest Higher Education Compact. I am vetoing this provision because it is reasonable to expect the University of Wisconsin System to cover dues for an organization designed to benefit higher education. I am further requesting the Board of Regents to direct that these dues be paid from the system administration appropriation and not be charged to individual campuses.
Although there is no language in the budget bill that authorizes this increase, the purpose of this funding was included in a Joint Committee on Finance amendment to the bill. By lining out the system's s. 20.285 (1) (a) appropriation and writing in a smaller amount that deletes $40,000 annually, I am vetoing the part of the bill that partially funds dues to the compact. I am also requesting the Department of Administration secretary not to allot these funds.
18. Higher Education Committee
Section 9152 (9m)
This section creates a committee to study the public benefits of the state's public system of higher education, expand baccalaureate degrees for state residents, foster economic development, provide a research environment to develop intellectual properties, and assist in the development of new businesses. The committee consists of representatives from the University of Wisconsin and Wisconsin Technical College systems and four legislators.
I am vetoing this section because I object to creating yet another group to study the future of the University of Wisconsin System. The latest study, Charting a New Course, was released in June 2004 by the Board of Regents, and it may convene another study committee at its discretion, but there is no need for statutory authorization. Furthermore, the proposed committee does not contain any representation from the public or business community.
19. Study of Joint Academic Programs
Section 9152 (8q)
A391 This section requires the Board of Regents of the University of Wisconsin System and the Board of Trustees of the Medical College of Wisconsin to submit a report to the Joint Committee on Finance on the feasibility of creating joint academic programs.
I am vetoing this section because it is unnecessary. Collaboration between the University of Wisconsin System and the Medical College of Wisconsin is already well established. It was recently strengthened by the creation of the Wisconsin Institute for Biomedical and Health Technologies at the University of Wisconsin-Milwaukee. The institute will support interdisciplinary research in biomedical engineering, health care informatics, and clinical research on patient outcomes and treatment efficacy. The institute is one vehicle for the collaborative programming to support related economic development and research in southeastern Wisconsin. While I encourage these efforts to continue and expand, there is no need for a report.
20. University of Wisconsin System Building Project Cost Study
Section 9152 (8m)
This section directs the Legislative Audit Bureau to study and complete a cost comparison of University of Wisconsin System building projects with similar projects at other public universities.
I am vetoing this section because the Legislature does not need statutory authority to direct one of its own service agencies to conduct a study.
WISCONSIN TECHNICAL COLLEGE SYSTEM
21. Levy Limits on Technical College Districts
Section 707m
This section limits, for three years, the increase in property taxes that a technical college district may levy. Under this provision, technical college districts are limited to an annual increase in property tax levies of 2.6 percent. This section also provides adjustments to the limits for debt service and allows for the limits to be exceeded by referenda.
I am vetoing this section in its entirety because it restricts economic development and hinders educational attainment and job training. The Legislature fails to recognize the importance of the Wisconsin Technical College System to help Wisconsin's economy grow. If technical colleges do not have the ability to respond to the rapidly changing needs of businesses in Wisconsin, economic growth will suffer.
These levy limits also hinder educational attainment and job training. The limits on technical college levies will require students to pay more for classes or reduce the course availability at the technical colleges. In either case, this diminishes our ability to provide individuals with the skills necessary to improve their earnings, compete for better paying jobs and help Wisconsin's economy grow.
Finally, Wisconsin's technical colleges have had levy restraints in place longer than any other unit of local government. In total, technical college levies comprise less than nine percent of the average property tax bill. Property taxes can be frozen without placing limits on technical colleges because I increase funding for K-12 education and fully fund shared revenue to local governments. To risk Wisconsin's economic future by restraining resources available to the technical colleges even further is not a risk worth taking.
22. Jobs Advantage Training Program
Sections 140 [as it relates to s. 20.292 (1) (eh)], 217m, 724m and 2357m
These sections transfer the Business Employees' Skills Training Program from the Department of Commerce to the Wisconsin Technical College System, change the name of the program to the Jobs Advantage Training Program, establish what businesses are eligible for a grant and provide $1,000,000 annually to support the program.
As proposed by the Legislature, the Wisconsin Technical College System Board would make grants to eligible businesses to pay for skills training or other education related to the needs of small business. To be eligible for a grant under this provision, a business must: (a) have fewer than 50 full-time employees; (b) have less than $5,000,000 in annual income; (c) agree in writing to the provisions in section 724m; (d) submit a plan detailing the proposed uses of the funds; and (e) provide matching funds at least equal to the amount of the grant.
I am partially vetoing sections 140 [as it relates to s. 20.292 (1) (eh)] and 217m to rename the program "Training Program Grants." I am also partially vetoing section 724m to more closely align these grants with the mission of the Wisconsin Technical College System Board. Under current law, the board does not make grants to individual businesses and does not have the expertise or staff to evaluate grant proposals on their business merits. The mission of the board is to ensure that the Wisconsin Technical College System is serving the needs of all Wisconsin businesses, primarily through its education and training programs.
The Department of Commerce was established, in large part, to provide more coordinated development assistance to Wisconsin businesses. I am vetoing section 2357m to retain the department's authority to award grants to small businesses to assist them in upgrading the skills of their workforce. The focus of Wisconsin's technical colleges needs to remain on their educational mission. My veto authorizes the Wisconsin Technical College System Board to award grants to technical college districts to be used for skills training or other education related to the needs of Wisconsin businesses.
WORKFORCE DEVELOPMENT
23. W-2 Contracts and Oversight
Sections 1059g, 1059t, 1059u, 1059v, 1059w, 1060m, 1060p, 1085f, 9154 (1f) and 9354 (4f)
A392 Section 9154 (1f) requires the Department of Workforce Development to report to the Joint Committee on Finance on W-2 agency success regarding job placement, former participants' earned wages, job retention, W-2 staff training outcomes, and the appropriateness and effectiveness of work, education, and training activities.
I am vetoing this section because it is unnecessary. As part of W-2 agency performance standards, the department currently compiles information for job placement, earned wages and job retention, and is authorized to collect other pertinent information. All reported information is available for review by both the Legislature and the Governor.
Sections 1059g, 1059t, 1059u, 1059v and 1059w require the department to review W-2 agencies' contracts and financial records to ensure compliance with state and federal laws; be responsible for conducting quarterly reviews of W-2 agencies in the ten most populous counties and annual reviews for all other W-2 agencies; review the financial records for all subcontracting entities with W-2 agencies; and be responsible for W-2 agency auditor selection and for enforcing financial penalties with W-2 agencies that fail to serve W-2 participants.
I am vetoing these sections because they are unnecessary. I recognize the critical importance of maintaining oversight and enforcing accountability standards for W-2 agencies. Current W-2 contract language already specifies periodic reviews and monitoring of W-2 agency financial records to ensure compliance with existing laws and regulations. In addition, contract regulations give the department authority to select an agency auditor if needed and enforce financial penalties.
Sections 1085f and 9354 (4f) specify that W-2 agencies are responsible for reimbursing the state for the cost of W-2 benefit overpayments made as a result of agency error or oversight.
I am vetoing these sections because they are unnecessary. The department already requires W-2 agencies to reimburse the state for instances of agency error.
Sections 1060m, 1060p and 9354 (4f) require individuals who are assigned to W-2 Transitions or W-2 Community Service Jobs to engage in a minimum of 20 hours of work activities each week. The department would be responsible for monitoring W-2 agencies to ensure compliance with these specifications.
I am vetoing these sections because it is unnecessary to define minimum work hours for W-2 Transitions or W-2 Community Service Job placements. Existing federal regulations for the Temporary Assistance for Needy Families program require a minimum of 20 work hours per week for these placements.
24. Child Care Quality Improvement Programs
Sections 1075, 1095c and 1106
Sections 1075 and 1095c decrease total funding for various child care quality improvement programs from the $8,603,500 annual amount proposed in my budget to $3,378,500. These programs include the Teacher Education and Compensation Helps (TEACH) program, which provides scholarships to child care providers to assist them with the cost of pursuing additional postsecondary education in child care, and the Rewarding Education with Wages and Respect for Dedication (REWARD) program, which provides a stipend to child care providers who achieve a specified educational level or who have remained in the field for several years. These two programs link education, commitment and compensation to increase the number of highly-qualified child care staff and to reduce staff turnover. Funding is also used for child care resource and referral centers, training and technical assistance grants for providers, and pass-through grants to local entities to improve the quality and availability of child care.
I am partially vetoing these sections because I strongly object to further underfunding these programs. These programs provide services to both child care providers and parents that ultimately result in increased access to adequate care and improved quality of care for children across the state. Quality care in the early years is critical to a child's development, and research has consistently linked high-quality early childhood experiences to positive emotional, social and academic outcomes later in life. My partial veto will restore $4,000,000 annually for these programs, which are essential to ensuring that Wisconsin's families have access to the child care they need.
I am partially vetoing section 1106 to reduce the amount of Temporary Assistance for Needy Families (TANF) funding for the state earned income tax credit (EITC). I fully support this tax credit, which provides a refundable tax credit to low-income working families. Since earned income tax credits are funded from a combination of TANF funds and a sum sufficient GPR appropriation, my veto to redirect TANF funds from the earned income tax credit to child care quality improvement and to the Children First program (see Item #26) will not affect the total amount of funding for these credits, thereby preserving this important program for hard-working Wisconsin families.
25. Child Care Subsidy Program Family Copayments
Section 9154 (1k)
This section increases the family copayment for the Wisconsin Shares Child Care Subsidy program by 15 percent.
I am vetoing this section to eliminate the family copayment increase of 15 percent, because I object to increasing the financial burden on low-income families throughout Wisconsin. The Department of Workforce Development has determined that by implementing additional efficiencies through a more equitable rate allocation, sufficient savings will accrue to offset revenues that would have been collected by a 15 percent increase in family copayments.
A393 If signed into law, the impact of the Legislature's increase on low-income families would have been substantial. A family of three with an income at 185 percent of the federal poverty level earns $29,800 annually. Under the Legislature's 15 percent copayment provision, a family of three with two children in subsidized care would pay over $500 more a year for annual child care costs. The state's economic support and child care budget should not be balanced on the backs of low-income working families who struggle daily to make ends meet. This veto will help ensure that low-income parents can continue to afford quality child care, without sacrificing their ability to provide for their families and maintain Wisconsin's strong work ethic tradition.
26. Children First
Section 1092
This section decreases the amount of total funding for the Children First program from $1,140,000 that was provided in fiscal year 2004-05 to $834,000 each fiscal year, beginning in fiscal year 2005-06.
I am vetoing this section to restore funding back to current levels because the Legislature's funding cuts to the Children First program would decrease opportunities for parents who do not directly care for their children, but who are responsible for paying child support, to find and maintain jobs. Children First is a court-ordered program that assists noncustodial parents who have fallen behind in making their child support payments for a variety of reasons including unemployment, underemployment or noncompliance. This program helps these parents obtain gainful employment through a variety of training programs, enabling them to maintain consistent employment and fulfill their child support obligations. Helping noncustodial parents to become more financially responsible and involved in their children's lives is a critical component for ensuring the financial stability and emotional well-being of Wisconsin's children and families.
B. ENVIRONMENTAL AND COMMERCIAL RESOURCES
AGRICULTURE, TRADE AND CONSUMER PROTECTION
1. Fish Hatcheries
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