This section requires the Building Commission and the Department of Corrections to prepare or contract for the preparation of a strategic plan for state correctional facilities through 2016. The plan must include all of the following:
An evaluation of the physical condition; security; environmental; health and safety concerns; and housing, program and food service capacity of each correctional institution.
A determination of the operating capacity of the state's correctional system based on the mission of the Department of Corrections; appropriate space occupancy guidelines; model operating capacities that account for inmate security classification, gender, age, health condition, programmatic needs and length of incarceration; a comparison of the guidelines and models with current conditions at correctional institutions; and the optimal design and operational system for each correctional institution.
A determination of the operating capacity shortfall within the state correctional system through 2016.
Recommendations for building projects and budgets, and the potential use of out-of-state and county jail bed contracts to address any identified operating capacity shortfalls within the correctional system.
The section specifies that the Building Commission pay for the cost of the study and submit the results to the Governor and the Legislature by September 1, 2007.
I am vetoing this section because it is unnecessary. The Department of Corrections and the Department of Administration are already working on a strategic plan for correctional facilities. I am requesting that the departments continue their efforts in preparation for the next budget.
5.
Unit Supervisors
Section 2221m
This section prohibits the Department of Corrections from employing a unit supervisor or a person having comparable duties to supervise correctional institution security staff unless the person directly reports to the institution's security director.
I am vetoing this section because I object to the limits it places on the department's ability to manage correctional institutions. These positions improve the department's ability to effectively manage program costs and corrections populations by coordinating inmate security, health care, mental health, food service, maintenance and programming.
6.
Contract Bed Funding
This section includes $3,000,000 GPR in the Joint Committee on Finance's supplemental appropriation for additional prison contract beds in fiscal years 2005-06 and 2006-07.
I am vetoing this section because I object to placing the additional funding in the Joint Committee on Finance appropriation. There is sufficient funding in the Department of Corrections for prison contract beds in the biennium. I am lining out the appropriation under s.
20.865 (4) (a) and writing in a smaller amount that deletes $1,500,000 in each fiscal year. I am also requesting the Department of Administration secretary not to allot these funds.
A411
7.
Sale of Inmate Products
Sections 2239m, 2240g and 2240r
These sections authorize the Department of Corrections to sell products produced by state correctional inmates on the open market if the products are produced as part of a technical college course provided to inmates. The provision also eliminates the requirement that products manufactured by state correctional inmates as part of vocational training may only be offered for sale on the open market if the purpose of the sale is to support the institution's or agency's mission or is for some other charitable purpose and the sale has been approved by the Prison Industries Board.
I am vetoing these sections because I object to changing the current law approach to the sale of inmate-produced products. This reduced regulation and oversight of the sale of products made with inmate labor could prove detrimental to private business, industry, and labor in Wisconsin. The Prison Industries Board, which includes representatives from private business, should set policy regarding the impact of inmate-produced products on businesses and industries.
8.
Juvenile Correctional Facility Cost Reduction
Section 9109 (1e)
This section requires the Department of Corrections to submit a plan to close one secured correctional facility for juveniles or achieve operational savings sufficient to reduce the daily rate for secured correctional facility care in fiscal year 2006-07 to $187, which was the daily rate for fiscal year 2004-05. The provision specifies that the plan must be submitted to the Joint Committee on Finance by March 1, 2006, and is subject to a 14-day passive review process.
I am partially vetoing this section because I object to requiring the department to make reductions to reach an arbitrary number. The effect of this veto will be to remove the requirement that the plan be submitted by March 1, 2006, and to remove the requirement that the reductions restore the daily rate to $187. Given the current juvenile population, closing an institution is not possible at this time. However, I am asking the department to provide information to the Legislature by January 2007 on the costs of operating juvenile correctional facilities and realistic reductions in operational costs that could be made in the future. The development of the report will allow the department to engage stakeholders in a discussion of these issues.
9.
Juvenile Correctional Services Deficit
Sections 295g, 295h, 2210m and 9409 (1x)
These provisions require all of the following:
The Department of Corrections, prior to the end of each odd-numbered year, to estimate unexpended revenues, less encumbrances, that will remain in the juvenile correctional services appropriation on June 30 of that year. If the estimated balance is projected to be negative, the Department of Administration must include the amount of the estimated deficit in the cost basis for the calculation of the proposed secured correctional facilities daily rates for the subsequent biennium.
The Department of Administration to include 50 percent of any projected deficit in the cost basis for the calculation of daily rates for each year of the subsequent biennium, and the Department of Administration secretary to reserve, for the purpose of retiring the deficit, the share of the daily rate revenue that is proportionate to the share of the increased cost basis associated with the estimated deficit. Any revenue reserved for this purpose that exceeds the amount of the deficit must be reimbursed to the counties and the state in a manner proportionate to the total number of days of juvenile placements at the facilities for each county and the state.
I am vetoing sections 295h and 2210m and partially vetoing sections 295g and 9409 (1x) as these sections relate to future juvenile correctional services deficits to maintain the department's flexibility to effectively manage juvenile programs. These provisions would place an undue burden on counties by requiring the Department of Corrections to charge counties to recover deficits in the appropriation.
10.
Youth Diversion Program in Ward 3 in the City of Racine
Section 88p
This provision directs the Department of Corrections to allocate $100,000 in fiscal years 2005-06 and 2006-07, funded from penalty assessment receipts administered by the Department of Justice for the purposes of entering into a contract with an organization in Ward 3 in the city of Racine to provide services in Racine County to divert youths from gang activities.
I am partially vetoing this provision because I object to limiting the receipt of funding to a single ward in an individual city. Instead, these funds should be accessible to organizations across the state that have identified youth diversion as a priority. The goals of youth diversion are important to Wisconsin, and my veto retains the additional $100,000 for these purposes.
Justice
11.
County Law Enforcement Services Grant
This section authorizes $1,000,000 in PR-S funds for the county law enforcement services grant administered by the Department of Justice. This program is one of three that provides grants for law enforcement to counties and tribes. The county law enforcement services grant is available to any county that borders one or more federally recognized Indian reservations and has not established a cooperative county-tribal law enforcement plan under the separate Department of Justice grant program.
A412
I am partially vetoing section 140 [as it relates to s.
20.455 (2) (kq)] because I object to the excessive increase in funding for this program over current levels. By lining out the department's appropriation under s.
20.455 (2) (kq) and writing in a smaller amount that deletes $450,000 PR-S in each fiscal year, I am maintaining current funding levels for the program in addition to funding a new earmark of $300,000 for Forest County. I am also requesting the Department of Administration secretary not to allot these funds.
12.
Drug Law Enforcement and Crime Laboratories Appropriations Lapse
Section 9229 (2k)
This provision requires all unencumbered balances exceeding $175,000 in the appropriations related to drug law enforcement and crime laboratories be lapsed to the general fund for fiscal years 2005-06 and 2006-07.
I am partially vetoing this provision because I object to the unjustified retention of $175,000 in each fiscal year in the related appropriations. My veto lapses all unencumbered balances at the end of fiscal years 2005-06 and 2006-07 and contributes additional money to the general fund.
OFFICE OF JUSTICE ASSISTANCE
13.
Interagency and Intra-Agency Aids Appropriation
Section 415x
This section repeals the interagency and intra-agency aids appropriation of the Office of Justice Assistance. This appropriation is authorized to receive money from other appropriation accounts of the Department of Administration and from other state agencies and to use those monies for aids to individuals or organizations.
I am vetoing this section because I object to this infringement on executive branch authority to manage programs. The Office of Justice Assistance's mission is to provide
financial resources to state agencies, local governments and private nonprofit organizations that are committed to improving Wisconsin's justice system. This is a necessary tool for the Office of Justice Assistance to achieve maximum effectiveness of this stated goal.
E.
STATE GOVERNMENT OPERATIONS
Budget Management
1.
Lapse to General Fund
Sections 9255 (1) (title) and 9255 (1) (a)
This nonstatutory provision directs the Department of Administration secretary to lapse certain dollar amounts from specific agency appropriations to the general fund.
In light of other vetoes, this provision is not broad enough to fully lapse all required funds from the agencies. I am, therefore, partially vetoing this provision to increase the total lapse amount to $71,234,800 over the biennium. This revised lapse amount will allow the Department of Administration secretary to lapse not just the original program revenue lapses ($34,125,500) in the provision, but also to capture the lapse related to the elimination of attorney positions ($724,900), the savings related to my Accountability, Consolidation and Efficiency (ACE) initiative ($35,500,000), and the lapse related to land information aids ($884,400).
Lapses related to the ACE initiative will be identified as that initiative is implemented over the course of the 2005-07 biennium. Similarly, the vacant attorney positions will not be eliminated until June 30, 2007, and, consequently, lapse amounts cannot be immediately assessed to agencies. Further guidance to agencies will be provided in the upcoming months that will help them plan for these lapses.
A413
Consistent with the program revenue lapse amounts in this provision, I am directing the Department of Administration secretary to lapse the following amounts per agency per year:
A414
2.
Transfer from the Joint Committee on Finance Appropriation
Sections 9155 (4) (c) and 9155 (5dv)
These nonstatutory provisions allow agencies to request the Joint Committee on Finance to restore, under the s.
13.10 process, approximately $96 million of the $100 million GPR eliminated as a result of the Senate's 2.3 percent across-the-board state operations reduction and clarify the implementation of lapses and transfers to the general fund related to unfunded liabilities under the Wisconsin Retirement System.
State agencies have already taken significant operating budget reductions in this budget and in past budgets. Further across-the-board reductions are problematic for a variety of reasons, including an untenable and highly questionable cut of over $150,000 per year to the operations of the Department of Military Affairs. I object wholeheartedly to this reduction in support for National Guard operations as Wisconsin service men and women are defending freedom abroad. Examples like this are no doubt why the Senate moved the money and the responsibility to determine the exact cuts to the Joint Committee on Finance in a middle-of-the-night amendment.
I am partially vetoing these sections to authorize the Department of Administration secretary to transfer funds from the Joint Committee on Finance appropriation back to the agencies in amounts not to exceed those listed in this section. The secretary will notify agencies formally when these transfers will occur and regarding the procedures to be followed. These restored funds will be reflected in the budget bases of the affected agencies for purposes of the 2007-09 biennial budget process.
Finally, to assist state agencies in managing their budgets, I am directing the Department of Administration secretary to apportion, as quickly as possible, the remaining $4 million reduction in a manner that minimizes the impact on critical services to Wisconsin citizens.
3.
Limit on Expenditure of General Fund Revenues
Sections 10m, 15m, 17m, 65m, 66m, 68a, 68g, 68i, 68j, 81p, 85, 87d [as it relates to s.
16.896 (3)], 126e, 126m, 137m, 140 [as it relates to s.
20.875 (title) and
(2) (q)], 482m, 482n, 482p, 482r, 520m, 536 and 9255 (2)
These sections establish an additional limit on general fund expenditures beginning in fiscal year 2007-08; change the name of the budget stabilization fund to the taxpayer protection fund; specify that excess general fund revenues be deposited in the taxpayer protection fund; require a recommendation from the Governor and a three-fourths vote of each house of the Legislature to appropriate money from the fund; specify that balances in the fund above ten percent of the amount budgeted for expenditure in that fiscal year must be returned to the taxpayers through reduction in state income taxes; and, finally, direct net proceeds in excess of $36 million from the sale of state-owned properties be deposited in the renamed budget stabilization fund.
I am vetoing sections 15m, 68i and 68j in their entirety and partially vetoing section 536 because the provisions are redundant and unnecessary given current law.
In addition, I object to the treatment of the budget stabilization fund, which was created to help cushion the impact of an economic downturn. The concern that balances will build up in excess of ten percent of the amount budgeted for expenditure seems unwarranted given past experience. I am also vetoing the name change of the budget stabilization fund in these sections. This change accomplishes nothing and is not warranted. As a result, the language directing net proceeds in excess of $36 million from the sale of state-owned properties is eliminated. As discussed in the asset sales portion of the Health and Family Services and Insurance Section, Health and Family Services, Item #2 veto, my Administration is committed to managing state real estate cost-effectively and selling assets as warranted to improve the state's financial condition and fund our higher priorities of education, health care and economic development.
Members of the Assembly have publicly urged me to veto these provisions which were included in a late-night amendment simply so the Senate could pass the budget. This veto obliges their request.
ADMINISTRATION
4.
Asset Sales Reporting Dates
Sections 9101 (4) (a) 1. and 9101 (4) (b)
These provisions direct the Department of Administration secretary to review all holdings of state-owned real property for potential sale no later than July 1, 2006, and to submit a report to the Building Commission no later than October 1, 2006, containing an inventory of specific properties to be sold.
I am partially vetoing these provisions to remove the exact dates for the initial review and the report to the Building Commission. Having specific dates in the budget bill is not necessary. Staff at the department are already reviewing state-owned real properties and assessing which properties are appropriate for disposition based on performing the business functions of the state in the most cost-effective manner. As each determination is made, the recommendation and supporting analysis will be forwarded to the Building Commission for its review and approval.
5.
Vacant Attorney Positions
Section 9155 (1w)
This provision directs the Department of Administration secretary to eliminate 13.0 FTE executive branch attorney positions, excluding attorney positions at the University of Wisconsin System, State Investment Board and Department of Employee Trust Funds, that become vacant before June 30, 2007.
A415
I am partially vetoing this provision to remove the exemption for the University of Wisconsin System, thereby increasing the number of attorney positions available to meet the requirements of this provision. The attorney consolidation initiative I proposed would have resulted in the need for 13.0 FTE fewer attorney positions through more efficient deployment of legal resources and a streamlined management structure. While the Legislature mandated the same reduction of attorney positions, it blocked the accompanying efficiency and management improvements that made the reductions possible. Consequently, finding efficiencies in legal services will now be more difficult and expansion of the pool of positions is necessary.
6.
Sale of State-Owned Heating, Cooling and Wastewater Treatment Facilities
Sections 16m, 16n, 83m, 85g, 85r, 87d, 87h, 87k, 87L, 163m, 167m, 172m, 193m, 286m, 288m, 364c, 384t, 413m, 795f, 9101 (10v) and 9455 (3w)
These sections require the Department of Administration to sell or contract with a private entity to operate each state-owned heating, cooling and wastewater treatment facility. The net proceeds of the sales are to be deposited into the budget stabilization fund. In addition, 270.92 FTE positions in six state agencies are eliminated as of April 2007.
I am vetoing these sections because the requirement to sell or contract for the operation of every such facility regardless of the individual circumstances, feasibilities and benefit-cost economics is not a good business approach.
As a result of this veto, the facilities will remain operational. While I cannot restore the 270.92 FTE positions eliminated by the Legislature, I am asking the Department of Administration secretary to pursue the restoration of these positions through procedures authorized under current law to ensure continuity of basic services.
7.
Limitations on Resale of Telecommunications Services by State Agencies
Sections 94m and 695q
These sections specify that a state agency may use telecommunications services that it procures only for the agency's own purposes to fulfill its mission and that it may not offer, resell or provide services that are available from a private telecommunications carrier to the general public or private entities. An exception to this restriction is made if there is a consortium agreement in effect as of June 1, 2005, to provide services to member organizations.
I am partially vetoing these sections to remove the exception granted in the budget for an existing consortium in order to preserve the ability to maximize efficiency. The economies of scale needed to support the least costly and most effective telecommunications on a statewide enterprise level require a consolidated and coordinated approach. This capability is not served by exceptions for consortium agreements.
8.
Video Gaming Devices and Pari-Mutuel Race Track Licensing
Sections 1430m, 1430o, 2422b, 2422c, 2422d, 2422e, 2422f, 2422g, 2422h, 2422i, 2422j, 2422L, 2422m, 2422n, 2422o, 2422om, 2422p, 2422q, 2422r, 2422s, 2422t, 2422tm, 2422u, 2422um, 2422v, 2422vm, 2422w, 2422wm, 2422x, 2422xm, 2422y, 2423c, 2423d, 2423e, 2423f, 2423g, 2423gm, 2423h, 2423i, 2423j, 2423k, 2423L, 2423m, 2423n, 2423o, 9101 (9r) and 9401 (2q)
These provisions modify the current law use of video gaming machines, as they relate to simulcast wagering. Specifically, these provisions authorize a license for the sponsorship and management of video gaming devices which display a facsimile of a dog or horse race that has been previously conducted at another racetrack. They also permanently repeal the current law simulcast racing and intertrack wagering restriction that requires, effective January 1, 2007, that wagering on simulcast races must be conducted at a racetrack only as an adjunct to, and not in place of wagering on live on-track racing.
