This provision provides funding for small business innovation research stage businesses and preparation costs as well as a 1.0 FTE GPR position to establish a regulatory ombudsman to administer the grants.
I am lining out the s.
20.143 (1) (a) appropriation and writing in a smaller amount that deletes $75,000 GPR annually. By lining out the additional funding, I am vetoing the 1.0 FTE GPR position added by the Legislature because this is not a priority program for new funding. I am also requesting the Department of Administration secretary not to allot these funds and not to authorize the additional 1.0 FTE GPR position.
7.
Film Production Tax Credits Program Changes
Sections 176 [as it relates to ss.
20.835 (2) (bL) and
(bm)], 621m, 1579x, 1580yj, 1580yk, 1659y, 1660h, 1660i, 1725w, 1726yh, 1726yj and 3070m
These provisions replace the current film production services tax credit with a new refundable tax credit. The provisions provide $1,500,000 in each year of the biennium, define an "accredited production" with cost thresholds, create an application fee, require reporting, and set percentages, eligible expenditures and various caps for the new credit.
I am partially vetoing provisions in sections 176 [as it relates to ss.
20.835 (2) (bL) and
(bm)], 621m, 1579x, 1580yk, 1659y, 1660i, 1725w and 1726yj because the funding level for the program is excessive. This veto restores my original intent regarding funding for this program. The effect of this veto will be to make permanent the expenditure control language, which limits the credits that may be claimed in the upcoming biennium. To clearly reflect my intent, I am striking a "1" from the $1,500,000 appropriation under s.
20.835 (2) (bm) to reduce the Chapter
20 schedule authority by $1,000,000 to $500,000 in each year and requesting the Department of Administration secretary reestimate expenditures by this amount. I am further striking the "1" from the $1,500,000 referenced in ss. 1579x, 1580yk, 1659y, 1660i, 1725w and 1726yj and partially vetoing related provisions. I am also changing from sum sufficient to annual the new appropriation under s.
20.835 (2) (bL).
I am partially vetoing sections 1579x, 1659y and 1725w to provide a single cost threshold of $50,000, because I object to separate cost thresholds based on the length of a production. The final length of a production does not determine its ability to create jobs or infrastructure.
I am vetoing section 3070m to remove the requirement to report to the Joint Committee on Finance because it is redundant with current reporting requirements under
2007 Wisconsin Act 125.
I am partially vetoing sections 1579x, 1659y and 1725w to delete the credit for labor-related payments to nonstate residents because the focus of the film production tax credit should be to encourage the development of a creative infrastructure and work force within the state. By removing this provision, the program will focus on Wisconsin's workers.
I am partially vetoing sections 1579x, 1659y and 1725w to delete the 3 percent add-on to the credit for labor-related payments made to residents in economically distressed areas because it is unclear and would present an administrative burden to the Departments of Commerce and Revenue that would outweigh limited benefits.
Finally, I am vetoing sections 1580yj, 1660h and 1726yh and the provisions under sections 1579x, 1659y and 1725w to delete a $10,000,000 limit on credits claimed per project because it is unnecessary due to the $500,000 annual limit on the program established through my vetoes.
8.
Rural Outsourcing Grants
Sections 207, 207p, 208, 210, 9110 (13u) and 9110 (16u).
This provision requires the Department of Commerce to award up to $250,000 PR in grants over the biennium to businesses for outsourcing work to rural areas of the state. It also requires the department to obtain funding from grantees at least equal to the grant amount.
I am vetoing section 9110 (13u) and partially vetoing sections 207, 207p, 208, 210 and 9110 (16u) because this provision has not been fully explained and limits the department's flexibility in meeting statewide economic development goals. I am requesting the Department of Commerce secretary to continue to work with rural leaders on economic development initiatives.
FINANCIAL INSTITUTIONS
9.
Credit Union Service Organization
Sections 2453um and 2453v
This provision permits a credit union service organization to provide services related to the sale or leasing of motor vehicles as a routine daily operation of the organization if those services were provided prior to January 1, 2009.
I am vetoing this provision because it requires further review through the legislative committee process where the merits of this provision can be fully considered. This is a significant change in the scope of services offered by these organizations and it requires broad input and discussion.
A315
10.
Conversion of a Credit Union to a Mutual Savings Bank
Sections 2453w, 2453x, 2453y, 2476nm, 2476o, 2476p, 2476t and 9417
This provision modifies the requirements that a state-chartered credit union must meet to convert to a state-chartered mutual savings bank.
I am vetoing this provision because it requires further review through the legislative committee process where its merits can be fully considered. This is a significant change to the credit union chartering process and it requires broad input and discussion.
GENERAL PROVISIONS
11.
Limitation on Construction Work Performed by County
Section 1444v
This provision requires that a county may not perform construction work, including road work, for a project that is directly or indirectly owned, funded, or reimbursed, in whole or in part, by a private person.
I am vetoing this provision because it is overly broad. I understand concerns regarding unfair competition by counties with private sector firms; however, the Legislature should consider a less expansive means to address issues related to public and private competition for these projects.
12.
Required Reports
Sections 1424m, 1815g, 1918i, 1918j, 1928b, 9108 (8u), 9110 (11r), 9111 (2i), 9111 (2k), 9111 (3x), 9122 (8v), 9150 (4d), 9150 (5d), 9150 (5x) and 9150 (8j)
These sections mandate certain reports.
Section 1424m requires the Department of Health Services to annually report by October 1, to the Joint Committee on Finance on the status of individuals relocated from the Southern Wisconsin Center to a community setting. The report is to include information on the effect the placement has had on a person's health status for people placed in the prior three years; a list of each setting the person has lived in for the prior three years; the involvement of guardians and family with the person placed in the community and the cause of death for each person who died in the previous year. I am vetoing this section because it is unnecessary. The Department of Health Services will be closely monitoring the transition of individuals from this facility and will work closely with the families and communities during this process.
Section 1815g requires the Department of Revenue to provide an annual report to the Governor, Legislature and Joint Committee on Finance concerning department activities related to enhanced enforcement of state tax laws. The report should describe the allocation of funding and positions; expenditures incurred; activities or projects undertaken; data regarding the type of enforcement actions, number of taxpayers affected, additional amounts assessed and collected, and additional revenues that were generated; and an analysis of the cost effectiveness of the activities. I am vetoing this section because it is unnecessary. The Department of Revenue already measures the performance of tax compliance activities.
Section 1918i requires the Department of Transportation to prepare an environmental impact statement for a potential major highway development project involving USH 12 from the city of Elkhorn to the city of Whitewater. I am vetoing this section because it is unnecessary and inconsistent with established highway planning processes.
Section 1918j requires the Department of Transportation to prepare an environmental assessment or, if necessary, an environmental impact statement, construction of a new bridge across the Wisconsin River, connecting Wood County Trunk Highway Z south of the city of Wisconsin Rapids to STH 54/73 in the village of Port Edwards. Funding would come from the state highway rehabilitation program. I am vetoing this section because it is unnecessary and inconsistent with established highway planning processes.
Section 9111 (2i) requires the Department of Corrections and Department of Administration to jointly devise a statutory mechanism to address future deficits in the juvenile correctional services appropriation under s.
20.410 (3) (hm), Wisconsin Statutes. The provision further requires both departments to submit, by September 30, 2009, a report to the Joint Committee on Finance on this mechanism, including any proposed legislation that is necessary for its implementation. I am vetoing this section because it is unnecessary. Deficits in the juvenile corrections appropriation have persisted for many years and can continue to be addressed through existing appropriation and review processes.
Section 9111 (2k) requires the Department of Corrections and Department of Administration, together with any other state agency that provides relevant services, to conduct a comprehensive review of juvenile correctional services provided in the state and the funding of these services. I am vetoing this section because it is unnecessary and overly prescriptive. State agencies continue to seek ways to better deliver services through collaborative efforts and comprehensive studies.
Section 9111 (3x) requires the Department of Corrections within 60 days after the effective date of this bill to submit to the Joint Committee on Finance a report demonstrating that the department has eliminated all prohibitions on inmates receiving donated books. I am vetoing this section because it is inconsistent with safe and appropriate management of the correctional system. The Department of Corrections will continue to review this issue in the context of overall safety of corrections staff and prisoners.
A316
Section 9122 (8v) requires the Department of Health Services to report to the Legislature by December 1, 2009, on recommendations for improving the birth defect prevention and surveillance system, standards for measuring system performance, individual privacy concerns, and potential federal and private funding sources. I am vetoing this section because it is unnecessary. The department already provides reports and other communications to the Legislature and other interested parties on these matters.
Section 1928b requires the Department of Transportation to consider the feasibility of a stop at Waterloo in any high speed rail plan for the Milwaukee to Madison corridor. I am vetoing this section because it is unnecessary and is inconsistent with federal planning requirements. Rail stops on a future Milwaukee to Madison corridor will be determined based on a full assessment of traffic patterns, travel times and equipment configurations.
Section 9150 (8j) requires the Department of Transportation to present a recommendation to the Transportation Projects Commission by March 15, 2010, regarding an environmental study for a potential major highway development project involving STH 13 from the city of Marshfield to STH 29. I am vetoing this section because it is unnecessary and conflicts with existing review and planning processes.
Section 9150 (4d) requires the Department of Transportation to submit a report to the Joint Committee on Finance assessing the most appropriate uses of consultants for highway project development. I am vetoing this section because it is unnecessary. The Department of Transportation is continually seeking to ensure the most cost-effective use of transportation resources.
Section 9150 (5x) requires the Department of Transportation to submit to the Joint Committee on Finance a report that provides an assessment of potential freight rail improvements and acquisitions in a multi-modal perspective, comparing benefits of these projects to other modes of transportation. The report should also assess whether railroads could fund a higher percentage of line improvements. The report is to be completed by January 1, 2010. I am vetoing this section because it is unnecessary. The Department of Transportation is continually updating multi-modal plans, including freight rail needs, based on overall economic development trends and goals.
Section 9150 (5d) requires the Department of Transportation a report to submit to the Joint Committee on Finance a report on the current and future harbor improvements in the next 10 years for freight and non-freight industries in a multi-modal perspective, comparing benefits of these projects to other modes of transportation. Report is to be completed by July 1, 2010. I am vetoing this section because it is unnecessary. The Department of Transportation is continually updating multi-modal plans, including harbor and port needs, based on overall economic development trends and goals.
Section 9110 (11r) requires the Department of Commerce to submit to the Joint Committee on Finance co-chairs a report that identifies retention methods the department could use to identify companies at risk for relocation or expansion outside of Wisconsin and that includes a plan to identify businesses outside of Wisconsin that could be encouraged to relocate or expand through the use of incentives. The provision requires the department to develop an emergency response team that could contact prospects for expansion or relocation. I am vetoing this section because it is unnecessary and may compromise efforts to grow Wisconsin business. The Department of Commerce is continually seeking ways to attract and retain businesses and jobs.
Section 9108 (8u) requires the Department of Children and Families to submit a plan to the Joint Committee on Finance by January 1, 2010, specifying how the department will make the ombudsman office, which is operated by the Planning Council for Health and Human Services, Inc., under contract with the department, more effective in reviewing and resolving complaints concerning the Bureau of Milwaukee Child Welfare. I am vetoing this section because it is unnecessary. I am requesting the Department of Children and Families secretary to review the specific issues and work with interested parties on this matter.
13.
Earmarks
Sections 199, 215d, 816m, 1924c, 9110 (10q), 9110 (12h) and 9125
These sections earmark specific projects or grants.
Sections 199 and 9110 (10q) require the Department of Commerce to award to the WiSys Technology Foundation, Inc., an annual grant of not less than $50,000 GPR, for providing intellectual property management services to the University of Wisconsin-Extension and all University of Wisconsin institutions and colleges other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee. I am vetoing these sections because they are unnecessary. I am requesting the department to work with the WiSys Technology Foundation, Inc., to identify ways the department can provide assistance.
Section 816m requires the Department of Tourism, in each biennium, to expend not less than $200,000 PR-S to conduct or contract for marketing activities related to exhibits or activities on behalf of the Milwaukee Public Museum. I am vetoing this section because it is unnecessary. The Department of Tourism already has sufficient flexibility to work with the museum on level of support.
Section 1924c requires the Department of Transportation to designate and mark the route of United States Highway 8 between United States Highway 53 and the village of Turtle Lake in Barron County as the "Donald J. Schneider Highway." I am vetoing this section because it is inconsistent with the way highways are named in this state. I have the utmost respect for Donald J. Schneider and the service he provided as chief clerk of the Wisconsin State Senate. He retired from state government in 2003, after a long and distinguished career serving the state of Wisconsin and he continues to exemplify public service at its best.
Sections 215d and 9110 (12h) require the Department of Commerce to provide a grant, not to exceed $50,000, from the brownfields grant appropriation to the town of Beloit to pay 50 percent of the costs of constructing a children's playground in Preservation Park. I am vetoing these sections because they are unnecessary and may conflict with other provisions in the brownfields grant program.
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Section 9125 requires the Wisconsin Housing and Economic Development Authority (WHEDA) to provide a $25,000 grant in fiscal year 2009-10 and in fiscal year 2010-11 to the Household Abuse Victims Emergency Network in Merrill for renovation of a domestic abuse shelter serving Langlade, Lincoln, Taylor, Vilas and Oneida counties. I am vetoing this section because it is unnecessary. WHEDA can provide such assistance under current law and can work with this organization to identify the best ways to further their mission.
LIEUTENANT GOVERNOR
14.
Constituent Services Position
This section increases the Office of the Lieutenant Governor's general program operations appropriation to reflect the increase of 1.0 FTE GPR position to provide constituent services and external relations support to the Lieutenant Governor.
I understand and appreciate the work of the Office of the Lieutenant Governor and respect the dedication Lieutenant Governor Lawton has shown to our great state. However, given the fiscal situation the state now faces, I am lining out the s.
20.540 (1) (a) appropriation and writing in a smaller amount that deletes $36,000 GPR in fiscal year 2009-10 and $52,800 GPR in fiscal year 2010-11. The remaining amount will ensure that the office's current 3.0 FTE positions are funded. By lining out the additional funding, I am vetoing the 1.0 FTE GPR position added by the Legislature because creating this position is not a priority in a time when agencies are faced with deep budget cuts. I am also requesting the Department of Administration secretary not to allot these funds and not to authorize the additional 1.0 FTE GPR position.
MILITARY AFFAIRS
15.
State Matching Funds for Disaster Aid
Section 9136 (1x)
This provision requires the Department of Military Affairs to submit to the Joint Committee on Finance prior to expending any funds in excess of $1,347,000 annually from its GPR sum sufficient disaster aid appropriation a report detailing the amount of required additional funding necessary to match federal disaster aid, when the required match will be needed and whether any potential funding source in lieu of GPR may be utilized to provide the required match.
I am vetoing this provision because the reporting and additional authorization could seriously delay the flow of disaster aid to Wisconsin families and businesses impacted by federally declared disasters. While I understand the need for tighter fiscal controls during difficult economic times, I object when that control seriously impedes Wisconsin citizens and businesses from moving forward after a serious natural disaster.
REGULATION AND LICENSING
16.
Regulation of Chiropractors
Sections 2995iem [as it relates to student loan default], 2995if, 2995inm, 2995iom [as it relates to sexual misconduct], 2995ip, 2995ipm and 2995ir
This provision makes several changes to the regulation of chiropractors in Wisconsin related to the successful completion of an examination prior to licensure, student loan repayment requirements, the duty to refer clients, certification for chiropractic technicians and chiropractic radiological technicians, sexual misconduct by a licensed chiropractor, and continuing education required by the Chiropractic Examining Board.
Sections 2995iem and 2995if direct the Chiropractic Examining Board to not grant a license to an applicant unless that applicant has provided a form that certifies they have not defaulted on any loans used to finance their education. I am vetoing section 2995if and partially vetoing section 2995iem as it relates to student loan default because loan repayment history has no bearing on one's ability to perform chiropractic service and is an overly onerous regulatory provision.
Further, I am vetoing sections 2995inm, 2995ip, 2995ipm and 2995ir and partially vetoing section 2995iom as it relates to penalties for sexual misconduct by a licensed chiropractor. I fully support penalizing sexual misconduct crimes to the fullest extent of the law, however I object to these sections because the Department of Regulation and Licensing already maintains a thorough and strict enforcement process with severe penalties for violating terms of licensure, including sexual misconduct. Further, the definitions covered by the provision are considered crimes under current law. By making the proposed changes, it may hamper the department's ability to aggressively enforce such crimes by establishing a prescribed approach to revocation. The department's administrative law judges should enforce penalties based on the crime at hand and not on a predetermined methodology.
While I support appropriate regulatory control over licensed professions and as such, the effect of this veto is to remove two provisions from a larger, more comprehensive regulatory change to the Chiropractic Examining Board. Intact are examination requirements, the duty to refer a client to a physician when the client's condition cannot be treated by chiropractic means, the newly created certification for chiropractic technicians and chiropractic radiological technicians and finally, continuing education requirements for professions licensed under the Chiropractic Examining Board.
17.
Regulation and Licensing Credential Fees
A318
Sections
2478c, 2994a, 2994b, 2994c, 2994d, 2994e, 2994f, 2994g, 2994h, 2994i, 2994j, 2994k, 2994L, 2994m, 2994mg, 2994mh, 2994mi, 2994mj, 2994mk, 2994mn, 2994mnag [as it relates to the fee], 2994mnar [as it relates to the fee], 2994mnb, 2994mnf, 2994mnk [as it relates to the fees], 2994mnp, 2994mns [as it relates to the fee], 2994mnw, 2994mp [as it relates to the fees], 2994mr [as it relates to the fee], 2994mu [as it relates to the fees], 2994mx, 2994ng [as it relates to the fee], 2994nr, 2994o, 2994p, 2995ca, 2995cb, 2995cc, 2995cd, 2995ce, 2995cf, 2995cg, 2995ch, 2995ci, 2995cj, 2995ck, 2995cL, 2995cm, 2995cn, 2995co, 2995cp, 2995cq, 2995cr, 2995cs, 2995ct, 2995cu, 2995cv, 2995cw, 2995cx, 2995cz, 2995d, 2995dg, 2995dr, 2995e, 2995eg, 2995er, 2995f, 2995fg, 2995fr, 2995g, 2995gg, 2995gr, 2995h, 2995hg, 2995hr, 2995i, 2995iam, 2995ih, 2995j, 2995jg, 2995jr, 2995k, 2995kg, 2995kr, 2995L, 2995Lg, 2995Lr, 2995m, 2995mg, 2995mr, 2995n, 2995ng, 2995nr, 2995o, 2995og, 2995or, 2995p, 2995pg, 2995pr, 2995q, 2995qg, 2995qr, 2995r, 2995rg, 2995rr, 2995s, 2995sg, 2995sr, 2995t, 2995tg, 2995tr, 2996f, 2996fm, 2996fn, 2996fo, 2996fp, 2996fq, 2996g, 2996h, 2996i, 2996j, 2996k, 9142 (2u) and 9442 (1q)
This provision requires all initial and renewal fees paid by credential holders licensed by the Department of Regulation and Licensing to be set by statute and that all fees are based on time keeping data collected by the department.
I am vetoing this provision because the current law process already meets the spirit of the provision. Current law requires that initial and renewal fees set by the department are based on time keeping data and are submitted to the Joint Committee on Finance under 14-day passive review. I object to this provision because setting the fees in statute limits the department's ability to react in a timely manner to changes in the industries it regulates.
TOURISM
18.
Grants to Municipalities and Organizations for Regional Tourist Information Centers
Section 817m
This provision defines the applicants, grant eligibility requirements, application and written agreement requirements, and limitations that the Department of Tourism and applicants must adhere to in administering the grants to regional tourist information centers.
I am partially vetoing the application and written agreement requirements, and the limitations of this provision because I object to overburdening municipalities and organizations applying for these funds. This partial veto streamlines the grant process, while ensuring proper oversight of the grant funds.
WORKFORCE DEVELOPMENT
19.
Milwaukee Area Workforce Investment Board
Sections 176 and 516v create a new GPR appropriation, and section 9156 (2q) requires the Department of Workforce Development to provide a grant of $2,000,000 during the 2009-11 biennium from that new appropriation to the Milwaukee Area Workforce Investment Board, provided that the city of Milwaukee also provides a grant of $1,500,000 to the board.
The intent of this provision as adopted by the State Assembly, was to provide $1,500,000 all funds from the state, matched by $1,500,000 from the city of Milwaukee. To return to the intent of the amendment, I am lining out the new appropriation and writing in a smaller amount, deleting $1,500,000 GPR over the biennium and am requesting the Department of Administration secretary not to allot these funds. I am also partially vetoing the language under section 9156 (2q) to remove the amount of the grant required by the Department of Workforce Development and to reduce the amount of the grant required by the city of Milwaukee to equal $500,000, the same amount to be provided by the department. Furthermore, I am requesting that the Department of Workforce Development secretary identify federal recovery funds available to assist the board and allocate appropriate federal resources to the board. Finally, I am partially vetoing section 516v to correct a drafting error. The cross reference to section 9156 (2w) is incorrect and should instead refer to section 9156 (2q), as (2w) does not exist.
20.
Apprenticeship Program Accountability
This section requires employers to submit monthly electronic reports on the daily number of employees in trades that are apprenticeable, the daily number of apprentices employed on the project, including characteristics and number of hours worked, to the Department of Workforce Development. The department is required to post on its Internet site a running summary of those reports. The department is also required to grant an employer a grace period for submitting reports and if the employer exceeds the grace period, the employer must forfeit $1,000 for each day by which the period is exceeded. The department is further required to distribute to all state agencies a list of all persons who have exceeded the grace period in the preceding three years, precluding the state agency from awarding any contract to persons on the list. The section requires any person submitting a bid on a project subject to this section to identify any business interest during the preceding three years that had been found to have violated the report filing requirements.
