This provision requires the Department of Health Services to request a waiver from the federal government to conduct a pilot program to provide an enhanced Medicaid payment for pediatric and adult emergency dental services in Brown, Polk, Racine and Marathon counties. The reimbursement is specified at 80 percent of the median fee for each procedure, or the usual and customary charge, whichever is less. In addition, the department is required to work collaboratively with the American Dental Association's Health Policy Institute to prepare an evaluation of the pilot program on a quarterly basis, beginning at the end of the first quarter in which the pilot program becomes effective. Further, the department is required to submit a report to the Joint Committee on Finance regarding dental care utilization, the number of Medicaid participating dentists in the state, the fiscal impact of the pilot program, a comparison of the pilot program as administered under a fee-for-service system and under a health maintenance organization system, and the impact of the pilot program on oral health outcomes.
These requirements apply to claims by providers for services provided on or after the effective date of the waiver or state plan amendment. Lastly, the pilot program is discontinued on the first day of the 37th month after the enhanced reimbursement rates take effect.
While I believe this dental reimbursement pilot program will allow eligible Medicaid recipients to have greater access to vital dental care, I am partially vetoing the provision in several ways. First, I am vetoing the inclusion of specific rates in statute because I object to limiting the department's ability to negotiate the rate methodology with the federal government.
I am also vetoing the requirement that the department work collaboratively with the American Dental Association's Health Policy Institute and the requirement to submit quarterly evaluation reports to the Committee. While I understand the importance of program evaluation and ensuring the effectiveness of this pilot program, I object to the overly prescriptive requirement placed on the department. The department should have flexibility to determine the appropriate timing of reports and the appropriate entities with whom to consult on a review of the pilot program to ensure it is an effective use of taxpayer funding.
I am vetoing the discontinuation of the pilot program on the first day of the 37th month after the enhanced reimbursement rates take effect because I object to specifying the length of the pilot program in statutes.
Lastly, I am vetoing the requirement to apply these changes to claims by providers for services provided on or after the effective date of the waiver or state plan amendment because I object to limiting the department's ability to negotiate the parameters of this dental reimbursement pilot program with the federal government.
84. BadgerCare Plus Coverage for Childless Adults
Section 1797
This section requires the Department of Health Services to submit two reports to the Joint Committee on Finance regarding changes to the BadgerCare Plus coverage for childless adults. The first report must be submitted to the Committee prior to submitting a waiver amendment to the federal Centers for Medicare and Medicaid Services and must summarize the provisions of the waiver and estimate the fiscal impact of any changes. The second report is required to be submitted to the Committee summarizing any provision approved by the federal government and must estimate the fiscal impact of those approved provisions.
I am partially vetoing this section because I object to these administratively burdensome requirements. In addition, these requirements may have the unintended consequence of limiting the administration's ability to negotiate the waiver amendment with the federal government.
85. Consolidate Community Mental Health Programs
Section 9118 (1q)
This section requires the Department of Health Services to consult with the Wisconsin Counties Association and mental health stakeholders before developing a method for distributing community mental health services funds from a new consolidated community mental health program in 2016 and beyond. In addition, this provision requires the department to submit the proposed distribution to the Joint Committee on Finance under 14-day passive review and use the proposed distribution method as approved, or modified and approved by the Committee.
I am vetoing this section because it is overly prescriptive and unnecessarily limits the flexibility of the department to balance the interests of counties and other stakeholders while providing services in the most programmatically and financially sound manner.
86. Children's Community Options Program Technical Modification
Section 1535
This section defines which individuals are eligible for the newly created Children's Community Options Program as a person under 22 years of age who is not eligible to receive services in, or be on a waiting list for, an adult long−term care program.
I am partially vetoing this section because the language, as drafted, could lead to uncertainty regarding eligibility for the program. My partial veto clarifies that individuals up to 22 years of age, as long as they are not otherwise able to access services through the adult long-term care system, are eligible for the newly created Children's Community Options Program.
87. Division of Medicaid Services
Sections 3665r, 3665s and 9418 (7p)
These sections reduce the number of division administrator unclassified positions authorized for the Department of Health Services to reflect the newly created Division of Medicaid Services.
I am vetoing these sections because I object to reducing the current number of unclassified positions in the department at this time. Staffing levels will continue to be reviewed by the department as the new division is implemented and these changes to the unclassified position authority are premature.
F. PROTECTING WISCONSIN CITIZENS AND OUR MOST VULNERABLE
88. Pedestrians Crossing Railroads
Section 3527m
This section allows a person to walk directly across the tracks or right-of-way of any railroad without being considered to be trespassing on the railroad property.
I am vetoing this section because I am concerned that allowing people to walk across railroad tracks outside of a designated crossing impairs public safety.
89. Expanded Payday Lender Authority
Sections 3443f, 3443h, 3443j and 3443m
These sections expand the types of financial products and services a payday lending company may provide to include sales of insurance, annuities and related products, and any financial or consumer financial services subject to regulation by statute or rule. These sections also specify that a payday loan licensee may conduct, or permit others to conduct, at the place of business specified in its license, services commonly offered by a currency exchange. Finally, these sections allow a payday loan licensee to sell merchandise and conduct other business provided it possesses any applicable license, permit or other approval required by law.
I am vetoing these sections because the expanded scope of business provided for payday lenders is overly broad and significantly exceeds that of any other financial institutions. In addition, the expanded scope could create regulatory ambiguity and consumer uncertainty. Changes of this magnitude should be addressed as separate legislation where the implications can be more carefully explored.
90. Nonprofit Voluntary Host Families Report
Section 9106 (2e)
This section requires the Department of Children and Families to establish a plan for engaging and utilizing nonprofit volunteer programs to place, with temporary host families, children whose parents or guardians have agreed to participate as an alternative to foster care. The department must submit a report on this plan to the Joint Committee on Finance on or before November 1, 2015.
I am partially vetoing this section to remove the requirement that a report be submitted because it is unnecessary. The department will evaluate the proposal and determine how to best serve the children involved.
91. Increase Part-time District Attorneys to Full-time
Sections 481 [as it relates to s. 20.475 (1) (d)], 4735d, 4735r, 4740e, 4740n and 9410 (1c) This provision provides $83,500 GPR and 1.2 FTE district attorney positions for Florence, Buffalo and Pepin counties on January 2, 2017, which will be the first day of the new four-year term of office. Currently, Florence County has a 0.5 FTE district attorney position, Buffalo County has a 0.5 FTE district attorney position and Pepin County has a 0.8 FTE district attorney position.
I am vetoing sections 4735d, 4735r, 4740e, 4740n and 9410 (1c), and partially vetoing section 481 [as it relates to s. 20.475 (1) (d)] by lining out the amount under s. 20.475 (1) (d) and writing in a smaller amount that reduces the appropriation by $83,500 in fiscal year 2016-17 because I object to the inclusion of these positions when there is not a uniform demonstrated need across all three counties. With this veto, I am reducing the 1.2 FTE positions in the appropriation under s. 20.475 (1) (d) in each year of the biennium. I am requesting the Department of Administration secretary not to allot these funds or authorize the additional position authority. 92. Reference to the Department of Children and Families
Section 4699f
This section would allow the Department of Corrections or the Department of Children and Families to review and inspect certain court records concerning a juvenile who is required to register as a sex offender. It would further allow the Department of Corrections to disclose certain information obtained.
I am partially vetoing this section to eliminate the reference to the Department of Children and Families because the department was erroneously included. Only the Department of Corrections should be authorized to make a request to review and inspect these records.
G. SUPPORTING OUR VETERANS
93. Commercial Driver License Fee Waiver
Section 4334t
This section waives the fees, at the point of initial issuance, for a commercial driver license for persons holding a military commercial driver license.
I am partially vetoing this section because I object to limiting the commercial driver license fee waiver for a person with a military commercial driver license to the initial issuance of these licenses. By partially vetoing this section, I am ensuring that the fee waiver will apply to the fees for initial license issuance as well as the fees for license renewal.
H. PRESERVING WISCONSIN'S HERITAGE
94. PECFA Program Sunset
This provision requires the Department of Natural Resources to deny any claim for PECFA reimbursement if the department has not been notified of the discharge of petroleum and potential claim before July 1, 2017. The provision also specifies that the department must deny reimbursement of a PECFA claim if the claim is not submitted by July 1, 2020. Finally, the provision requires that a claim for reimbursement must be submitted within 180 days after incurring the eligible costs, or by the first day of the seventh month after the effective date of the budget, whichever is later.
I am partially vetoing this provision to specify that notification must be received by the department before July 20, 2015, because I object to further extending the amount of time for claimants to submit notices of claims to the department. The program was intended to pay for removal of petroleum tanks installed before 1991 that did not meet certain federal standards and cleanup petroleum discharges from these tanks. The program was extended to include cleanup of discharges from certain tanks installed before 2001. The program has existed for sufficient time that its primary purpose has been completed.
95. Frank Lloyd Wright Heritage Trail
Sections 641m, 641n, 1422m, 2564m and 2595g
Section 2564m requires the Department of Transportation to create a Frank Lloyd Wright Heritage Trail commencing at I-94 in Kenosha County at the Illinois state border; extending through STH 30, USH 151 and USH 14 in Dane County; extending though USH 14 West in Iowa County; extending through USH 14 West in Sauk County; and ending at the junction of USH 14 West and CTH Q in the city of Richland Center in Richland County. Section 2564m also requires the department to erect signage at various points along the route denoting the Frank Lloyd Wright Heritage Trail, and section 2595g gives the department the authority to erect additional markers to denote specific buildings designed by Frank Lloyd Wright along the route.
In addition, sections 641m and 1422m require an additional $500,000 GPR be provided to the Department of Tourism in its tourism marketing; general purpose revenue appropriation under s. 20.380 (1) (b) to be spent on promoting the trail in the 2015-17 fiscal biennium, and section 641n exempts this amount from the spending requirements for the appropriation under s. 20.380 (1) (kg). I am vetoing these sections because I object to requiring the Department of Transportation to mark a Frank Lloyd Wright Heritage Trail, thus circumventing the established application and administrative process for determining the placement and approval of highway signage. I further object to the addition of another specific spending earmark to be made from the Department of Tourism's marketing appropriations. Rather than a statutory earmark, I am directing the Department of Tourism to include, as part of the statewide marketing strategy, promotion of buildings constructed or designed by Frank Lloyd Wright that are open to the public throughout the state.
96. 100th Anniversary of the State Capitol
Section 9127
This section requires the Joint Committee on Legislative Organization to appoint a 100th Anniversary State Capitol Commemoration Commission composed of nine members with one member each nominated by: the Speaker of the Assembly, Minority Leader of the Assembly, President of the Senate, Senate Minority Leader, Governor, Supreme Court, Secretary of the Department of Administration, State Capitol and Executive Residence Board, and Director of the State Historical Society.
The commission is required to plan events, including educational programs for children and students, to celebrate the 100th anniversary of the State Capitol. The commission may request individuals and entities with knowledge of the history, construction and renovation of the Capitol to assist the commission.
I am vetoing this section because it is unnecessary. While I support the intent, the Legislature has the authority to create this commission without requiring it in this bill. The 100th anniversary of the State Capitol is an important milestone in Wisconsin's history and should be celebrated.
97. Proceeds from Sale of Stewardship Lands
Sections 481 [as it relates to s. 20.370 (7) (iv)], 639m, 640d, 980b and 980bm This provision specifies that the net proceeds (after repayment of debt on the specific parcel, applicable federal law compliance or other restrictions) of Department of Natural Resources land sales from land required to be offered for sale under current law be used as follows: (a) 50 percent to pay principal on outstanding public debt issued under the Stewardship Program; and (b) 50 percent to be deposited in a new, continuing, conservation fund SEG appropriation to be used for the department to acquire land in the manner specified under s. 23.09 (2) (d), with priority given to the current law Stewardship purposes. I am vetoing this provision because I object to using proceeds from land sales for additional property acquisition. Rather, these proceeds should be utilized to reduce existing debt related to the acquisition of property.
98. Northern State Forests Master Plans
Sections 9132 (4vw) and 9132 (4vx)
This provision requires the Department of Natural Resources to update master plans for all the northern state forests, except for Governor Knowles State Forest, by March 1, 2017. The provision also requires that the department propose a statewide variance to all northern state forests master plans by June 30, 2016, not including Governor Knowles State Forest. The provision further requires the department to change the percentage of forest land open for timber harvest from 66 percent to 75 percent, except in the Governor Knowles State Forest.
I am partially vetoing this provision to remove the required dates because I object to limiting the flexibility of the department to perform a thorough review of the master plans. Instead, I am directing the department to update the master plans and propose the variance no later than June 30, 2017.
99. Audit of the Forestry Account
Section 9132 (3f)
This provision requests that the Joint Legislative Audit Committee require the Legislative Audit Bureau to conduct an audit of the forestry account of the conservation fund.
I am vetoing this provision because the Legislature does not need statutory authority to direct one of its own service agencies to conduct a study.
100. Car-Killed Deer Report
Section 9132 (1q)
This provision requires the Department of Natural Resources to conduct a study to be submitted to the Joint Committee on Finance, the Governor and appropriate standing committees by January 1, 2017, on the cost-effectiveness of the car-killed deer program, the number of deer collected and any program recommendations.
I am vetoing this provision because it is unnecessary. The department will continue to work with the counties and other stakeholders to appropriately manage the program.
101. Snowmobile Supplemental Trail Aids Requests to Joint Committee on Finance
Section 4359m
This section requires the Department of Natural Resources to submit a request to the Joint Committee on Finance for the distribution of supplemental snowmobile trail aids from the departments appropriation under s. 20.370 (5) (cr), in excess of the available trail pass revenue. It also limits the appropriations from which the department may pay supplemental trail aids to the appropriations under s. 20.370 (5) (cr) or (cs). The request would be subject to 14-day passive review under s. 16.515. I am vetoing this section because it is overly prescriptive and unnecessary. Section 350.12 (4) (br) provides a process to allow for payments of supplemental trail aids in excess of available trail pass revenue and ensures that supplemental snowmobile trail aids are distributed in a timely fashion. 102. Grants to Nonprofit Conservation Organizations
This provision funds grants to various nonprofit conservation organizations, as follows: section 481 [as it relates to s. 20.370 (5) (at)] provides $66,800 annually to the Ice Age Trail Alliance; (b) section 481 [as it relates to s. 20.370 (5) (aw)] provides $124,500 annually to the Gathering Waters Conservancy and $75,700 to the Natural Resources Foundation; (c) section 481 [as it relates to s. 20.370 (5) (ax)] provides $75,000 annually to the Great Lakes Timber Professionals Association for a Master Logger program; (d) section 481 [as it relates to s. 20.370 (5) (ay)] provides $66,800 annually for urban forest protection; (e) section 481 [as it relates to s. 20.370 (5) (bw)] provides $50,000 annually for up to 50 percent of costs of dues to the Wisconsin County Forest Association; (f) section 481 [as it relates to s. 20.370 (5) (cx)] provides $297,000 annually for off-road safety programs; (g) section 481 [as it relates to s. 20.370 (6) (ar)] provides $180,000 annually to Wisconsin Lakes; (h) section 481 [as it relates to s. 20.370 (6) (aw)] provides $62,300 annually to the River Alliance of Wisconsin; and (i) section 481 [as it relates to s. 20.370 (9) (mu)] provides $22,800 annually for the Wild River Interpretive Center. I am lining out the amounts under ss. 20.370 (5) (at), (aw), (ax), (ay), (bw), (cx), 20.370 (6) (ar), (aw), and 20.370 (9) (mu) and writing in smaller amounts because I object to earmarking these funds for specific conservation organizations without requiring accountability in the use of the funds. With this veto, I am reducing the appropriations by a total of $1,020,900. I am also requesting the Department of Administration secretary not to allot these funds. 103. Areawide Water Quality Management Plan
Section 4203m
