CC.
GENERAL GOVERNMENT, CHILDREN AND FAMILIES 2424.
Building Program – Local Grants _Hlk76568604Sections 4, 20 [as it relates to non-state local project grant program and s. 20.867 (3) (ct)], 21 [as it relates to s. 20.867 (3) (ct)], 94, 118, 127, and 9104 (1) (a) These sections provide $10,000,000 of general fund supported borrowing for a grant program to assist facility construction of nonstate organizations.
I am vetoing sections 4, 118, 127, and 9104 (1) (a), and partially vetoing sections 20 [as it relates to non-state local project grant program and s. 20.867 (3) (ct)], 21 [as it relates to s. 20.867 (3) (ct)], and 94 because I object to the provision being unworkable and lacking specificity regarding the determination of the statewide public purpose of potential grants. Per the state's bond counsel, use of bonds for capital grants to nonstate entities must provide a clearly defined, statewide public purpose to Wisconsin taxpayers – a determination that is typically made by the Legislature. While the Wisconsin Supreme Court gives great deference to findings of statewide public purpose made by the Legislature, it is unclear whether another body would be given the same deference. By delegating the public purpose finding for these nonstate grants to the Joint Committee on Finance, it would create uncertainty in the bond issuance process, and the potential for multiple challenges to bond issuances on this basis. Furthermore, this program does not follow normal enumeration procedures for nonstate grants as established by the Building Commission.
2525.
Space Rental Account Transfer Section 9201 (2)
This provision requires the Department of Administration to lapse $20,000,000 from the facility operations and maintenance; police and protection functions appropriation under s. 20.505 (5) (ka) to the general fund in fiscal year 2021-22.
I am vetoing this provision because I object to this transfer that will severely limit the Department of Administration's ability to flexibly address state-owned space needs in upcoming biennia. This appropriation is responsible for the department's building management, maintenance, facility protection, and tenant occupancy services for over 30 state office buildings, totaling approximately 6 million square feet of space throughout the state. The one-time transfer of $20,000,000 to the general fund would inhibit the department from being able to address any change in rental revenues from decreasing state agency footprints or address increased or unanticipated costs.
2626.
Requirement to Submit Compensation Plan for Supplemental Pay Plans for Correctional Officers and Correctional Sergeants Section 9101 (5) (b)
This provision requires the administrator of the Division of Personnel Management within the Department of Administration to propose an amendment to the compensation plan within 30 days, as authorized under s. 230.12 (3) (c), if, on the effective date of the bill, the compensation plan has been adopted by the Joint Committee on Employment Relations for the 2021-23 biennium and does not include the supplemental pay add-on for correctional officers and sergeants at certain correctional facilities by funding 50 percent of the cost of a $5 per hour add-on for all hours worked at any adult correctional institution that has a vacancy rate for these positions of more than 40 percent. I object to this provision and am vetoing it because it is unnecessary as the committee will not have acted upon the compensation plan by the effective date of the bill. Further, I object to this provision because it encroaches on the authority of the Department of Administration to determine when to submit the compensation plan proposal and any subsequent interim adjustments to the Joint Committee on Employment Relations, as authorized under s. 230.12 (3).
2727.
Offender Reentry Demonstration Project Section 224b
This section provides $250,000 in fiscal year 2021-22 and $0 in fiscal year 2022-23 of Temporary Assistance for Needy Families (TANF) funding under s. 49.175 for the Offender Reentry Demonstration Project. I am vetoing this section in order to allocate $250,000 of TANF funding in each fiscal year to the Offender Reentry Demonstration Project. Although the project, which began in fiscal year 2017‑18, was scheduled to end in fiscal year 2021-22 after five years of operation, due to the coronavirus pandemic and the limited access to correctional facilities during that time, the project was not able to operate at full capacity. This project provides important supports to noncustodial fathers transitioning from incarceration to our communities. I object to the Legislature discontinuing funding prior to completion of the five years of full capacity operation as originally intended.
2828.
Grant for Psychiatric Beds Section 9104 (13)
This provision directs the building commission to award a $15,000,000 GPR grant during fiscal year 2021‑22 to a health system with a hospital in both Eau Claire and Chippewa counties to expand psychiatric bed capacity by 22 beds between the two hospitals. Under this provision, the hospitals would give preference in admissions to the newly expanded beds to those from Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vilas, Washburn, or Wood counties.
Further, the provision requires certain conditions for awarding of the grant, one of which is that the health systems enter into an arrangement with at least two-thirds of the counties specified to act as the primary receiver for emergency detention placements, regardless of payment source for those placements.
I am partially vetoing the provision requiring the grant recipient health system be the primary receiver for emergency detentions because I object to the specificity in the bill requiring the identified counties to utilize this health system when a closer placement may exist. The effect of this veto is to give flexibility to counties in making emergency detention placements, without endangering the ability of health systems to reach the two-thirds threshold set by the Legislature. This is particularly important in light of the potential for some of the same counties to utilize the beds in Marathon County funded in this budget. My hope is that this veto will allow both of these important projects authorized by the Legislature to move forward.
2929.
Grants for Employer Blood Drives Section 9119 (3) (b)
This provision directs the Department of Health Services to award grants to employers who apply to the department to organize blood drives. The provision requires the department to award grants equal to $20 per blood donation and only if the employer retains documentation of each blood donation. The total amount of grants is limited to no more than $250,000 GPR in each fiscal year. This provision applies to the 2021-23 biennium only.
I am partially vetoing this provision to remove the requirement that the Department of Health Services award grants equal to $20 per blood donation and the requirement that the department only award grants if the employer retains documentation of each blood donation. I am broadly supportive of measures to promote blood drives in the state. However, I object to compensating employers for their employees' blood.
3030.
FoodShare Healthy Eating Incentive Pilot Program Section 9219 (1)
This provision requires $425,000 GPR in existing funding for the Healthy Eating Incentive Pilot Program to be lapsed to the general fund. This pilot program would assist up to 2,000 FoodShare households in affording healthy food choices by providing discounts on purchases.
I am vetoing this provision because I object to eliminating funding for this important program and the veto will keep funding intact. I am supportive of the effort creating and funding this pilot program and would welcome future legislation to fully utilize these funds for healthy eating incentive programs and couple it with funding my proposal to supply EBT processing equipment to farmers markets. As many Wisconsinites are still struggling due to the pandemic, we should work together to invest these funds in an innovative program to help put healthy food on the table and assist farmers at the same time rather than requiring a lapse.
3131.
Behavioral Health Bed Tracker Section 238
This section requires the Department of Health Services to provide to the entity awarded the grant funding for the expanded behavioral health bed tracker a list of operators with peer run respite and crisis stabilization beds as well as a list of emergency mental health services programs that are certified by the department and that perform crisis assessments.
I am vetoing this section because I object to imposing these burdensome requirements on the Department of Health Services. The provision requires the department to collect information on some entities that are neither licensed nor certified by the state. Additionally, a crisis stabilization bed is not a unique licensing category, and the department does not have access to information regarding which facilities throughout the state have agreements with counties to utilize space for crisis stabilization. Further, the bill did not provide the department any additional resources that would allow it to initiate new work to collect the required information. In order for this program to be successful, collaboration and information sharing amongst providers, stakeholders, and the department will be essential.
3232.
Statewide Public Safety Interoperable Communication System Request for Proposals Sections 9131 (1) (a) and 9131 (1) (c)
These provisions require the Department of Military Affairs to issue a request for proposals for a replacement statewide public safety interoperable communication system within 30 days of the effective date of the biennial budget act. The provisions also require the department to execute a contract for the replacement of the statewide public safety interoperable communication system no later than July 1, 2022.
I am partially vetoing these provisions to eliminate the requirement that the Department of Military Affairs issue a request for proposals for a statewide public safety interoperable communication system within 30 days of the effective date of the biennial budget bill. I am also partially vetoing these provisions to eliminate the July 1, 2022, deadline by which a contract for a statewide public safety interoperable communication system must be executed. These provisions encroach on the authority of the Department of Administration to administer state agency purchasing as authorized in state law. I object to these provisions because they put arbitrary deadlines on a complex procurement process and add unnecessary strain on the Department of Administration and Department of Military Affairs. The arbitrary timelines could also put the state at a disadvantage in negotiating the terms of a contract with the selected vendor.
3333.
Statewide Public Safety Interoperable Communication System Request to the Joint Committee on Finance Section 9131 (1) (b)
This provision requires the Department of Military Affairs to submit a request to the Joint Committee on Finance for funding to execute a contract for a replacement statewide public safety interoperable communication system. The request shall be submitted after a proposal has been chosen but before a contract with a vendor has been executed. As part of the request to the committee, the department is required to include: (a) the rationale for selecting the proposed vendor; (b) the vendor's solutions to resolve capacity, coverage, and interference issues; (c) the vendor's current networks in Wisconsin and in the United States; (d) the vendor's ability to comply with criteria established by the executive steering committee that evaluated the request for information; (e) the extent to which the vendor's system could serve current WISCOM users without compatible equipment, WISCOM users with an existing 800 MHz P25 system, WISCOM users with an existing VHF P25 system, and non-WISCOM users, and the number of agencies in each such group; (f) the vendor's ability to accommodate new users to enhance local radio coverage; (g) potential methods to use existing systems to reduce the vendor's system's costs or improve reliability; and (h) redundant systems and the capabilities of those systems.
I am vetoing this provision to remove the directive to submit a request to the Joint Committee on Finance as specified in the provision because I object to the encroachment on the authority of the executive branch to administer state agency purchasing as authorized in state law. Further, the requirement is unnecessarily duplicative of current law as the department will already have to submit a request in order to obtain the funding for this project.
3434.
Truax Field Electrical Micro Grid System Section 9131 (2)
_Hlk12365514This provision requires the Department of Military Affairs to conduct a study to determine whether construction of an electrical micro grid system at Truax Field, inclusive of the Joint Force Headquarters, the State Emergency Operations Center, and the Joint Operations Center, is feasible. The provision allows the department to spend up to $64,000 GPR on this study and requires the department to submit a report on the study's findings to the Joint Committee on Finance within 60 days of completion of the study. I am partially vetoing this provision to remove the requirement that the department submit a report to the Joint Committee on Finance. I object to a requirement that is unnecessary and administratively burdensome.
3535.
Department of Military Affairs Lapses to the General Fund Section 9231
This section requires the Department of Military Affairs to lapse $8,205 from the regional emergency response grants appropriation under s. 20.465 (3) (df); $116,978 from the mobile field force grants appropriation under s. 20.465 (3) (dm); and $4,911 from the emergency response supplement appropriation under s. 20.465 (3) (dr) in fiscal year 2021‑22. I am vetoing this section because I object to requiring a lapse from these appropriations when the state is in a strong financial position.
EE.
TAX, LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT 3636.
Withholding Table Update Section 9137
This section requires the Department of Revenue to update individual income tax withholding tables to reflect the tax rates, income brackets, and sliding scale standard deduction that are in effect for taxable year 2022. The adjustments made under this subsection would take effect on January 1, 2022. The withholding table update would therefore reflect the rate reduction included in the 2021-23 biennial budget, rate reductions that took effect in tax years 2019 and 2020, and indexing adjustments to the sliding scale standard deduction and the income thresholds for individual income tax brackets.
I am vetoing this section because I object to requiring the Department of Revenue to make these withholding table adjustments at a cost of approximately $700 million while other critical priorities have not been sufficiently funded by the Legislature. This veto does not increase anyone's tax liability compared to what the Legislature passed. The reduction in the rate of the third individual income tax bracket from 6.27 percent to 5.30 percent starting in tax year 2021 will still occur, and taxpayers will receive approximately $2 billion in individual income tax relief from that reduction in this biennium. The secretary of the Department Revenue has the ability under current law to make these adjustments as appropriate and will assess whether and when these updates should be made within the full context of revenue collection trends and other state priorities.
The estimated fiscal effect of this veto is an increase in general fund tax revenues of $683,700,000 in fiscal year 2021-22 and $21,300,000 in fiscal year 2022-23.
3737.
Transfer to the Budget Stabilization Fund Sections 19 [as it relates to the transfer to the budget stabilization fund] and 9201 (1)
These provisions transfer from the general fund to the budget stabilization fund $550,000,000 in fiscal year 2022-23.
I am partially vetoing section 19 [as it relates to the transfer to the budget stabilization fund] and vetoing section 9201 (1) because I object to making these funds unavailable for supporting the needs of Wisconsinites that the Legislature failed to address. The balance of the budget stabilization fund is reserved for periods of below-normal economic activity when actual state revenues are lower than estimated revenues. This transfer removes $550,000,000 from dollars that can be immediately applied to investments in our kids, small businesses, and our state's continued economic recovery. Instead, this funding should remain in the general fund where it can be directly appropriated to address gaps and shortfalls in the Legislature's budget actions. I request the Legislature work with me to instead invest these funds to address the immediate needs of Wisconsinites.
3838.
Annual Transfer from the General Fund to the Transportation Fund Section 16
This provision increases the annual transfer from the general fund to the transportation fund from 0.25 percent of general fund taxes to 0.50 percent of general fund taxes in fiscal year 2022-23 and in each fiscal year thereafter.
I am partially vetoing this provision to eliminate the increase in the transfer after fiscal year 2022-23 because I object to increasing the general fund's subsidy to the transportation fund on an ongoing basis. As a result of my veto, the transfer will revert to the current law amount of 0.25 percent of general fund taxes for fiscal year 2023-24 and beyond. I have made it a priority to ensure that we have a sustainable, dedicated source of transportation funding to ensure we can repair our roads and fund public transit while also investing in our schools and communities. While enhanced transfers to the transportation fund for the 2021‑23 biennium are reasonable given the impact of the coronavirus pandemic on motor fuel tax collections, these increases should be temporary rather than permanent.
3939.
Interchange with Local Highways on I-41 in Brown County This section directs the Department of Transportation to add an interchange to the I-41 expansion project where I-41 intersects with Southbridge Road/French Road in Brown County.
I am vetoing this section because I object to the Legislature specifying specific design elements that should be determined based on congestion and safety needs assessments by professional highway engineers. Further, this particular item is unnecessary and untimely as it adds a highway element requirement that the Department of Transportation has already included in the scope of the project.
4040.
Lieutenant Governor Security Section 9144 (8)
This section puts a limit on the amount that the Department of Transportation is allowed to spend on the security and safety of the Lieutenant Governor.
I am vetoing this section because I object to limiting cost expenditures in this manner because, as I said last budget, it undercuts the judgment of law enforcement. Security measures continue to be the purview of law enforcement, not the Legislature. Limiting expenditures on security would put the lives of officers, the Lieutenant Governor, staff, and the general public at risk.
4141.
Office of Innovative Program Delivery and Director Sections 10, 290, 293, and 326
These provisions create an Office of Innovative Program Delivery, require the Department of Transportation to appoint a director of the office, and assign duties to the director of the office.
I am vetoing these provisions because I object to the requirement to create an office and director with redundant responsibilities to existing offices, bureaus, and divisions within the Department of Transportation. The department's current organizational structure already oversees billions of dollars of road construction projects in both conventional and innovative ways.
4242.
Office of Innovative Program Delivery Position Source Section 9144 (7)
This section directs the Department of Transportation to populate the Office of Innovative Program Delivery from the current position authority of the department.
I am vetoing this section because I object to forcing the Department of Transportation to reassign positions to functions that are redundant with the responsibilities of existing positions that are already conducting road construction oversight within the department.
4343.
Design-Build Project Contracts, Reporting, and Project Delivery Section 297
This section, in part, establishes requirements on the magnitude of the design-build projects the Department of Transportation is to undertake; specifies a deadline of December 31, 2025, for completion of the projects; and enumerates mandated criteria for the department's written analysis of each design-build project under consideration.
I am partially vetoing this section because I object to the overly restrictive parameters that are established for the size of the projects and the deadline for the projects to be completed. I am further partially vetoing this section because I object to the excessively detailed criteria for the Department of Transportation's written analysis of projects. If not removed by my partial veto, these specifications will cause the program to be unworkable. With my partial vetoes, unnecessarily restrictive statutory governance over the design-build program will be eliminated.
4444.
Design-Build Technical Review Committee Experience Requirements Section 298 [as it relates to employees of the department]
This provision requires that a Department of Transportation employee that sits on the design-build technical review committee must have five years of experience in the transportation construction industry.
I am partially vetoing this provision because I object to such a restrictive requirement as it does not allow for the Department of Transportation to select qualified professionals with extensive design-build contracting experience and sufficient transportation construction industry experience.
