This section requires the Department of Health Services to employ at least one full-time certified medical coder to improve Medicaid payment accuracy.
I am vetoing this section because I object to limiting the flexibility of the department to hire or contract for services in the most financially sound manner and to determine the best use of state resources, including state personnel, in ensuring the integrity of the Medicaid program.
47. Self-Directed Services Waiver for Post-Secondary Education
Section 834h
This section requires the Department of Health Services to request a federal home and community-based services waiver to provide Medicaid coverage for services provided to individuals with developmental disabilities receiving post-secondary education on the grounds of a health care institution. If the waiver is approved, the department shall limit the coverage to 100 individuals per month and shall determine the funding for each participant based on the benefit levels for the Include, Respect, I Self-direct (IRIS) waiver program.
I am partially vetoing this section because certain provisions of the language are too narrow and may conflict with federal definitions and waiver requirements. The partial veto is intended to improve the chances of receiving federal approval for the new waiver by removing the requirements that the institution be defined as a health care institution and that funding for each participant in the new waiver be based on the IRIS waiver program.
I. Protecting Our Citizens
48. Crime Prevention Funding Boards and Crime Prevention Funding Board Surcharge
Sections 514s, 1238m, 1239m, 1243m, 2291m, 2293m, 2352m, 2358m and 9129
This provision creates a $20 crime prevention funding board surcharge which would be applied to any misdemeanor or felony conviction. The surcharge is to be assessed only after an offender pays the global positioning system (GPS) tracking surcharge in full. The crime prevention funding board surcharge revenue must be retained by the county treasurer in a crime prevention fund and be distributed as grants at the direction of a crime prevention funding board, which is created in every county, which consists of the following individuals, or their designees: the district attorney; the sheriff; either the county executive, administrator or county board chairperson; the chief elected official of the city, village or town with the largest population in the county; a person chosen by majority vote of the sheriff and police chiefs in the county; and the presiding judge of the circuit court. The board may solicit applications and award grants to certain specified entities. At least half of the funds must go to one or more private, nonprofit organizations that has as its primary purpose preventing crime, providing a funding source for crime prevention programs, encouraging the public to report crime or assisting law enforcement agencies in the apprehension of criminal offenders. The board may direct that the rest of the funds be distributed to a law enforcement agency that has a crime prevention fund. The board and grant recipients must submit reports regarding the use of the funds to the clerk of court for the county, the county board and the legislative bodies of each municipality located in the county.
I am vetoing these sections because I object to the creation of an additional surcharge and an additional board, which may have no demonstrated effectiveness. There are already numerous surcharges on felony and misdemeanor convictions, and adding an additional surcharge will detract surcharge revenue from many other proven and worthwhile crime victim services and law enforcement programs.
49. Regulation of Bail Bond Agents, Bail Bond Agencies and Bail Bond Recovery Agents
Sections 200 [as it relates to s. 20.165 (1) (gk)], 204s [as it relates to s. 440.282],204w, 2179t, 2179w, 2183e, 2183m, 2183s, 2187c, 2187g, 2187h, 2187i, 2187j, 2187k, 2187L, 2187m, 2187n, 2187o, 2265ce, 2285m, 2342c, 2342g, 2342n, 2342r, 2342w, 9138 (1i) and 9438 (1i) These provisions require the Department of Safety and Professional Services to regulate and license bail bond agents, bail bond agencies and bail bond recovery agents; and to collect annual licensing fees of $1,000 per agent or agency, under requirements promulgated by administrative rule. Bail bond agents, bail bond agencies and bail bond recovery agents are compensated 10 percent of the bond set, but may only be compensated for an action brought in Dane, Kenosha, Milwaukee, Racine or Waukesha counties for the first five years.
I am partially vetoing sections 200 and 204s, and I am vetoing sections 204w, 2179t, 2179w, 2183e, 2183m, 2183s, 2187c, 2187g, 2187h, 2187i, 2187j, 2187k, 2187L,
2187m, 2187n, 2187o, 2265ce, 2285m, 2342c, 2342g, 2342n, 2342r, 2342w, 9138 (1i) and 9438 (1i) because I object to the potential negative impact on the payment of restitution to victims and fines. Just as the creation of an additional surcharge will detract from existing crime victim services and law enforcement programs, the allocation of 10 percent of the bond to these entities will reduce funds for these important programs. This policy is best addressed through separate legislation to provide opportunity for additional study of the current system of pretrial release and to allow for public input.
50. Prerelease Pilot Program for Prisoners
This provision creates a GPR annual appropriation for the Department of Justice for funding a one-time grant to the Department of Corrections for a prerelease pilot program to end on July 1, 2015, with funding of $172,800 in fiscal year 2013-14, and $192,000 in fiscal year 2014-15, and requires the Department of Corrections to enter into a contract for the services of Freedom Life Skills, Inc., to teach life skills and character development to inmates who will be released to parole or to extended supervision.
I am vetoing this provision because I object to the creation of a redundant program. The Department of Corrections already has a prerelease program for prisoners. Furthermore, I am concerned about the lack of transparency in the awarding of the contract, since the funding would be provided to a specific organization without a competitive bidding process.
51. Five Star Provider Meeting Requirement
Section 9106 (1q)
This section requires the Department of Children and Families to convene a meeting of all five star YoungStar providers who provide child care to over 50 Shares children by September 30, 2013. The department must hear the concerns of these providers and summarize the concerns and make recommendations to address the concerns in a report to the Joint Committee on Finance.
I am vetoing this section because it is overly prescriptive and unnecessary. The department already has the authority to meet with providers, and is in ongoing communications with providers that have concerns. With this veto, the department will not be required to hold another meeting with these providers by a specific date, and will be free to interact with providers and address any concerns in the manner it determines is most effective.
52. Child Support Arrears Pilot Program
Section 2277
This section establishes a pilot project under which noncustodial parents would qualify for a modified interest rate on child support arrears, with the goal of increasing child support payments. In order for the pilot project to continue beyond June 30, 2015, the Department of Children and Families would be required to obtain the approval of the
Joint Committee on Finance under a 14-day passive review process. The department would be required to provide specific information on the amount of reduction in arrears owed and increase in number and dollar amount of payments towards arrears.
I am partially vetoing this section to remove the requirement that the department obtain the approval of the Joint Committee on Finance and the end date of the pilot. I believe that neither provision is necessary, because the department is capable of determining whether the pilot is successful, and can determine whether to continue the program without the burden of unnecessary review.
J. Supporting Our Veterans
53. Transfers to the Veterans Trust Fund and Mortgage Loan Repayment Fund
Sections 801f and 9249 (2e)
Section 801f permits the Department of Veterans Affairs to transfer all of the unencumbered balances of the appropriations related to operations of the state veterans homes to the Veterans Trust Fund or Mortgage Loan Repayment Fund on June 30th of each year, if the department requests and receives the approval of the Joint Committee on Finance under a 14-day passive review process.
I am partially vetoing this section to remove the provision limiting transfers to June 30th of each year and the requirements related to Joint Committee on Finance approval because I object to the inflexibility of the language. Setting such rigid requirements for the transfer unduly restricts the department's ability to ensure the solvency of the Veterans Trust Fund and Mortgage Loan Repayment Fund by transferring surplus revenues generated from the efficient operation of the state veterans homes.
In addition, I am vetoing section 9249 (2e), that requires the transfer of $10,000,000 from the program revenue appropriation related to the operations of the state veterans
homes to the Veterans Trust Fund in fiscal year 2013-14, because this provision is no longer necessary. The Department of Veterans Affairs will determine the appropriate amount of the transfer necessary to maintain the solvency of the Veterans Trust Fund.
K. Preserving Wisconsin’s Heritage
54. Bearskin State Trail Development
Section 509zm
This section requires the Department of Natural Resources to provide up to $54,200 in federal funds and up to $145,800 in Stewardship Program funds to surface a 6.9-mile trail corridor that will extend the Bearskin State Trail to the Hiawatha Trail in Lincoln County.
I am vetoing this section because I object to the inclusion of specific spending projects under the Stewardship Program in the bill. Instead, I am directing the department to complete the project in the 2013-15 biennium using existing resources.
55. Catch-and-Release Bass Fishing
Section 552m
This section requires the Department of Natural Resources to establish a catch-and release only season for bass fishing for the areas of the state where there is not a continuous open season for bass fishing. The section also specifies that the season begins on the first Saturday in March and ends on the Sunday preceding the first Saturday in May.
I am vetoing this section because I object to the establishment of a catch-and-release bass fishing season without allowing the Wisconsin Conservation Congress to review any considerations for the establishment of such a fishing season. In addition, I am concerned that the provision would set a precedent to permit the establishment of certain fishing seasons without the input of the Conservation Congress. Instead, I am directing the department to work with the Conservation Congress to review opportunities for establishing a catch-and-release bass fishing season and to review the dates for which a catch-and-release season would be appropriate.
56. Sporting Heritage Grant
Section 572f
This provision directs the Department of Natural Resources to provide $500,000 during the 2013-15 biennium, which includes $200,000 GPR in fiscal year 2013-14 and $300,000 in federal and other state matching funds in fiscal year 2014-15, for a grant to a nonprofit organization established in Wisconsin for outdoor education, and recruitment and retention of outdoor sports enthusiasts. Beginning with the 2015-17 biennium, the department is required to provide $450,000 to the extent allowed under federal law each biennium. Under the provision, the organization must meet specific criteria for providing firearms safety training and shooting events, and mentoring prospective hunters. The grant must be used to preserve and protect the state's hunting, fishing, trapping and shooting traditions.
To be awarded the grant, the organization must apply through the department. The provision requires the creation of a committee, which consists of the chairs of the Assembly and Senate standing committees responsible for natural resources, as well as three members appointed by the chair of the Sporting Heritage Council. Grants must be awarded within 60 days of the effective date of the bill and within 30 days following the effective date of the biennial budget bill in subsequent biennia.
I am partially vetoing this provision to remove the reference to the use of federal funds because I am concerned whether the use of the federal funds under 16 USC 669-669i (Wildlife Restoration Act) and 777-777k (Sport Fish Restoration Act), and the associated federal grant is appropriate for this purpose. Instead, I am directing the department to identify $300,000 in other funds in fiscal year 2014-15 and $450,000 in each biennium thereafter that would be suitable for the grant. 57. Historical Society Positions
This section, as it relates to the appropriations under s. 20.245 (1) (a) and (r), provides $9,842,600 GPR in fiscal year 2013-14 and $9,844,300 GPR in fiscal year 2014-15, and $3,116,600 SEG in both years, respectively. This section of the bill reflects the appropriations from which 7.00 FTE positions were eliminated from the Historical Society.
I am lining out the amounts under s. 20.245 (1) (a) and (r) and writing in smaller amounts that reduce each of the appropriations by $100 in each year of the biennium because I object to the 7.00 FTE position reduction in the Historical Society. This reduction unnecessarily burdens the society with a reduction in staff without a reduction in responsibilities or program. With this veto, I am retaining 6.33 FTE positions in the appropriation under s. 20.245 (1) (a) and 0.67 FTE position in the appropriation under s. 20.245 (1) (r). This action is necessary because no specific language has been included in the bill reflecting the reduction in FTE positions for the Historical Society. With this veto, I am retaining these 6.33 FTE positions in the appropriation under s. 20.245 (1) (a) and the 0.67 FTE position in the appropriation under s. 20.245 (1) (r) in each year of the biennium to preserve Wisconsin's heritage protected by the Historical Society. I direct the Department of Administration secretary to not allot these funds. I also direct the Department of Administration secretary to not reduce the authorized positions by 7.00 FTE positions in the personnel Management Information System.
