S337
Section 9223 (5zk) requires the Department of Administration secretary to lapse $3,008,300 in fiscal year 2001-02 and $3,328,500 in fiscal year 2002-03 from Medical Assistance (MA) reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under Title IV-E of the federal Social Security Act.
I am partially vetoing section 9223 (5zk) to delete the requirement that revenues for the lapse come from reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under federal Title IV-E. The Department of Health and Family Services has recently determined that it is uncertain whether the targeted case management reimbursement revenues will be sufficient to satisfy the required lapse amounts. In addition, some counties are currently claiming MA reimbursement for targeted case management and using the federal revenues to fund social services, particularly for children with mental health needs. Counties would lose these revenues if they were lapsed under section 9223 (5zk). The effect of this veto will be to allow the department to use income augmentation revenues to meet the required lapse and allow counties to continue to use the targeted case management funds.
40.
Income Augmentation
Sections 732q, 1557jd, 1557k, 9123 (9bk) and 9323 (16k)
Sections 732q,1557jd and 9323 (16k) require the Department of Health and Family Services to perform activities to augment the amount of federal moneys received by the state and prohibits the department from contracting with any person to perform these augmentation activities. Section 9123 (9bk) authorizes 1.0 FTE FED position, funded with income augmentation revenues, to perform income augmentation activities. I am partially vetoing section 732q and vetoing sections 1557jd, 9123 (9bk) and 9323 (16k) because I want the department to have the flexibility to augment federal income in a manner that maximizes the amount of revenue the state receives from the federal government. The work of the vendor currently under contract with the department has enabled the state to receive over $102,000,000 in additional federal revenue. I am requesting the Department of Administration secretary not to authorize the 1.0 FTE FED position in fiscal year 2001-02 and not to allot $43,800 FED in fiscal year 2001-02 and $49,700 FED in fiscal year 2002-03 for the cost of the position.
Section 1557k repeals the current law provision that allows the department to submit a plan to the Department of Administration secretary for use of income augmentation revenues for purposes other than the operational costs exclusively related to augmenting federal income. I am vetoing section 1557k because I want the administration to retain the flexibility to use income augmentation funding to meet state and department needs with the approval of the Joint Committee on Finance.
41.
Food Pantry Grants
Sections 395 [as it relates to s.
20.435 (3) (fp)], 701h, 1568b and 9123 (4h)
Sections 395 [as it relates to s.
20.435 (3) (fp)], 701h and 1568b: (a) appropriate $750,000 GPR in each fiscal year for grants to food pantries to purchase, store, transport and distribute food to needy households; (b) specify that the total amount of each grant cannot exceed $15,000 and that each grant awarded be in proportion to the number of persons served by the food pantry; (c) specify the criteria for allocating funding between rural food pantries and the rest of the state; (d) specify the requirements for a food pantry to be eligible for a grant; (e) limit the amount that the Department of Health and Family Services may use for administration of the program to five percent of the total amount appropriated; and (f) require each grantee to submit a report to the department on how the funds were used and require the department to compile the reports and submit the results to the Legislature. Section 9123 (4h) requires the department, within ninety days after the effective date of the budget bill, to submit a plan to the Joint Committee on Finance, under a 14-day passive review process, for distributing grants to food pantries.
I am concerned about the future funding commitment created by this new program. I am vetoing the second year funding of $750,000 GPR and directing the secretary of the Department of Health and Family Services to ensure that applicants receive funding on a one-time basis and that the funding be used for emergency assistance. I am vetoing the provisions that specify a $15,000 limit on a grant, the criteria for awarding grants to individual food pantries and allocating grants between rural pantries and the rest of the state, and the requirements for food pantries to be eligible for a grant. The department, because of its expertise in the state's food programs, is best able to determine how the funds should be allocated to meet the needs of individual communities. I am directing the secretary of the Department of Health and Family Services to develop a distribution method and to distribute grants to the state's existing emergency food assistance programs that meet the state and federal standards.
S338
I am vetoing the provision that restricts state administrative costs to five percent of the amount appropriated because it limits program flexibility. I am directing the secretary of the Department of Health and Family Services to limit administrative costs to five percent and to set aside $50,000 for distribution and storage of federal bonus food. This will ensure that the state has the necessary funding for the next delivery of federal bonus food. I am also vetoing the provision that requires the grantees to submit a report to the department on the use of the funds and requires the department to compile the reports and submit them to the Legislature because the funding will be one-time and for emergency assistance. The department can summarize the results of the program in its annual hunger report which is submitted to the Legislature. Finally, I am vetoing section 9123 (4h) because I want the department to quickly distribute the grants for emergency assistance.
42.
Publicity for Alzheimer's Disease Registration and Funding for Assistive Technology
Sections 395 [as it relates to s.
20.435 (6) (a)], 721r, 721s, 725, 726p, 726q, 1568c, 9123 (15j) and 9423 (18j)
Sections 395 [as it relates to s.
20.435 (6) (a)], 721r, 721s and 1568c appropriate $30,000 GPR in each fiscal year for the Department of Health and Family Services to publicize the existence of a program administered by a nongovernmental entity that registers persons with Alzheimer's disease or other related dementias and provides identification products in order to facilitate the safe return of persons who become lost or wander. Although there is no language in the budget bill that authorizes these increases, the Legislature passed a motion and an amendment during its deliberations to authorize the funding increase.
I am partially vetoing section 395 [as it relates to s.
20.435 (6) (a)] and vetoing section 1568c because, while this provision has laudable goals, the state cannot afford the cost of a publicity campaign in this budget. In addition, the department currently funds the Alzheimer's Family and Caregiver Support program and provides funding for training and information on Alzheimer's disease. Thus, I am decreasing the department's s.
20.435 (6) (a) appropriation by $30,000 GPR in fiscal year 2001-02 and $30,000 GPR in fiscal year 2002-03. I am also requesting the Department of Administration secretary not to allot these funds.
Sections 721r, 721s, 725, 726p, 726q, 9123 (15j) (a), (b), (c) and (d) and 9423 (18j) provide one-time funding for the following: (a) $15,000 GPR annually to the Department of Health and Family Services for technical assistance; (b) $15,000 GPR annually to Easter Seals for specialized assistance to persons in the agricultural industry; (c) $20,000 GPR annually for the Wheelchair Recycling program; and (d) $150,000 GPR annually to Independent Living Centers. I am vetoing sections 726p, 726q and 9123 (15j) (a), (b) and (d) and 9423 (18j), and partially vetoing sections 725 and 9123 (15j) (c) because this funding increase is unreasonable. The net effect of these vetoes is to only provide $20,000 GPR in fiscal year 2001-02 for the Wheelchair Recycling program.
The department currently provides funds to Independent Living Centers and Easter Seals for assistive technology projects. I am concerned that the projects in this budget proposal are ongoing despite only receiving one-time funding. I am directing the secretary of the Department of Health and Family Services to ensure that the grant for the Wheelchair Recycling program involves only one-time projects.
Because sections 721r and 721s contain language related to both publicity activities for Alzheimer's disease registration and the objectionable portions of the assistive technology initiative, I am partially vetoing section 721r and vetoing section 721s.
I am requesting the Department of Administration secretary to: (a) place $15,000 GPR in fiscal year 2001-02 and $15,000 GPR in fiscal year 2002-03 in unallotted reserve in appropriation s.
20.435 (6) (a) to lapse to the general fund; (b) place $15,000 GPR in fiscal year 2001-02 and $35,000 GPR in fiscal year 2002-03 in unallotted reserve in appropriation s.
20.435 (7) (bc) to lapse to the general fund; and (c) place $150,000 GPR in fiscal year 2001-02 and $150,000 GPR in fiscal year 2002-03 in unallotted reserve in appropriation s.
20.435 (7) (c) to lapse to the general fund.
Tobacco control board
43.
Tobacco Control Board Membership
Sections 173p, 173r, 173s and 9423 (12mk)
These provisions require that the Tobacco Control Board have fifteen members, including one legislator from each party in both houses and the Attorney General or his designee. I am vetoing these provisions because they unreasonably limit the executive branch. Board members must have the necessary backgrounds to ensure the state's tobacco control efforts are effective.
WORKFORCE DEVELOPMENT
44.
W-2 Contract Prohibitions
Sections 1660d and 9358 (8c) [as it relates to s.
49.143 (2g)]
Section 1660d removes flexibility that the Department of Workforce Development currently has to manage resources for the Wisconsin Works (W-2) program, by prohibiting the department from transferring funds initially allocated for cash benefits to pay for costs associated with providing direct services to W-2 participants and administration of the W-2 program.
Section 1660d also stipulates that funding provided under a W-2 contract could not be expended by a W-2 agency for public relations activities, unless those activities are directly related to providing community outreach and informing participants about the services available under the W-2 program.
I object to this provision because it prevents the department from reallocating resources to the areas where they may be most needed, in order to manage the W-2 program efficiently and serve W-2 participants effectively. In addition, the prohibition on public relations spending is duplicative of federal law; the department currently administers a test to determine whether a W-2 agency's public relations activities conform to federal regulations. Further, it is unclear what activities constitute "community outreach," as the term is not defined.
S339
I am vetoing section 1660d in its entirety, and partially vetoing section 9358 (8c), as it relates to s.
49.143 (2g), thereby maintaining current law. This will ensure that the department has the management tools necessary to administer the W-2 program efficiently and effectively.
45.
Review of Expenditures and Reallocations
Sections 255p, 1716m, 1716o, 1716q, 1716s, 1716v and 1718
These sections eliminate the Department of Workforce Development's current authority to transfer funds from one allocation to another allocation under the Temporary Assistance for Needy Families (TANF) program [under s.
49.175 (1)] with approval from the Department of Administration secretary. Instead, these provisions stipulate that the department must meet certain requirements and obtain approval from both the Department of Administration secretary and the Joint Committee on Finance in order to reallocate funds under the TANF program. In addition, the department would be required to report annually to the Department of Administration secretary and the co-chairs of the Joint Committee on Finance on TANF expenditures for the previous fiscal year.
The transfer authority, which exists under current law, allows the department flexibility in making adjustments to its public assistance allocations, which are funded primarily with GPR and the federal TANF block grant. This flexibility is necessary in maintaining the department's ability to manage and respond to needed changes in the Wisconsin Works (W-2) program.
I am vetoing all of the new requirements concerning reallocation of funds, so that the department will retain the flexibility to reallocate resources as needed in order to administer the program efficiently and serve W-2 participants effectively. As with current practice, I direct the department to not request any reallocation that transfers more than ten percent from one allocation to another. I would be willing to support separate legislation to restore Joint Committee on Finance review of any transfer greater than ten percent.
I am also vetoing the requirement that the department submit annual reports on TANF expenditures to the Department of Administration secretary and the co-chairs of the Joint Committee on Finance, because I believe that it is unnecessary to require the report in statute. However, I do feel that such a report would provide useful information; therefore, I am directing the department to submit an annual report to the Department of Administration secretary on TANF expenditures for the previous fiscal year.
46.
W-2 Contingency Fund
Section 961r
This section creates an appropriation for the Joint Committee on Finance to supplement appropriations for cash benefits for Wisconsin Works (W-2) participants, child care benefits, and kinship care and long-term kinship care benefits.
While I do not object to the contingency fund itself, I disagree with the purposes for which the fund may be used, as specified in the bill. Historically, the intent of the W-2 contingency fund was for cash assistance payments only, as a safeguard against times of economic downturn and increased caseloads.
The bill removes over $12,000,000 associated with community reinvestment funds from the 1997-99 W-2 contracts, some of which was held by W-2 agencies as their own contingency funds. Further, as a means of fully funding the anticipated costs of the Wisconsin Shares child care subsidy program, the Legislature modified funding in the W-2 contracts from what my proposed budget included, by reducing funds for direct services and administration and by providing no increase for cash benefits. Given these reductions to the W-2 contracts and the loss of community reinvestment dollars for W-2 agencies, it would seem prudent to provide the contingency fund for the purpose that W-2 agencies suggest it would be most needed, namely, cash benefits.
I am partially vetoing this section to remove child care benefits and kinship care and long-term kinship care benefits as eligible uses for the W-2 contingency fund, in order to reserve the fund for the purpose for which it is most needed.
47.
Changes to W-2 Geographical Regions in Milwaukee County
Section 1660g
This section requires the Department of Workforce Development to consult with the Milwaukee County Department of Human Services prior to implementing any changes to the Wisconsin Works (W-2) geographic regions in Milwaukee County. The department would also be required to hold at least one public hearing in each of the Milwaukee W-2 regions that would be affected by any proposed change.
I object to this provision because it is unnecessary for the Legislature to add this type of requirement to the statutes. The department will solicit feedback and input from all affected parties on any plans to change the geographic regions in Milwaukee County.
I am vetoing this section to maintain current law.
48.
Performance Bonuses and Performance Standards for W-2 Agencies
Sections 9158 (9e) (b) and 9158 (9e) (d)
Section 9158 (9e) (b) specifies in session law the amount that the Department of Workforce Development would be required to include in Wisconsin Works (W-2) contracts for performance bonuses for W-2 agencies that meet performance benchmarks, based on criteria established by the department. Section 9158 (9e) (d) codifies in session law several performance standards that the department would be required to include in W-2 contracts. The standards would be used to determine whether a W-2 agency meets benchmarks for base contract terms, restricted and unrestricted bonuses and renewal of contracts under the right-of-first selection option.
S340
I object to specifying in law the amount the department must build into contracts for bonuses, because such a requirement would prohibit the department from adjusting performance bonuses, which may become appropriate as the program changes.
While I support the use of performance standards in the decision-making process, I object to including specific performance standards in law. The department already includes several performance criteria in the contracts with W-2 agencies. Further, I believe the department should have the flexibility to adjust benchmarks and change standards as the W-2 program evolves.
I am vetoing sections 9158 (9e) (b) and 9158 (9e) (d) in their entirety. This will allow the department to set standards, measure the performance of W-2 agencies and award bonuses to W-2 agencies as the department deems appropriate. More generally, it will provide the department with the flexibility it requires to administer the W-2 program effectively.
49.
Oversight of W-2 Agencies in Milwaukee County
Section 1660e
This section requires the department to provide certain oversight and coordination services for Wisconsin Works (W-2) agencies in Milwaukee County. Specifically, the Department of Workforce Development would be required to monitor compliance with W-2 contracts, provide technical assistance to W-2 agencies and assist in coordination among those agencies for services offered to W-2 participants in Milwaukee County.
Currently, the Milwaukee Private Industry Council (PIC) receives $1,000,000 annually to provide these functions for Milwaukee W-2 agencies. In my proposed budget, I reduced funding for the Milwaukee PIC by $500,000 each year, with the idea that while this function is valuable, it could be performed at a lower cost. The Legislature removed all funding for the Milwaukee PIC and specified in the budget bill that the department conduct these oversight and coordination activities.
While I believe that these oversight and coordination activities are important, I object to specifying in statute that the department itself must be responsible for performing this function.
I am vetoing this section, but I also am directing the department to either conduct the oversight and coordination activities itself, or contract with a provider to perform this valuable function for Milwaukee W-2 agencies.
50.
Community Youth Grants
Sections 1700b and 9158 (8x)
Section 1700b allocates an additional $500,000 each fiscal year in Temporary Assistance for Needy Families (TANF) funding above what my budget provided for community youth grants. Section 9158 (8x) specifically earmarks the $500,000 in each fiscal year for grants to the Wisconsin Chapters of the Boys and Girls Clubs of America.
Community youth grants are administered by the Department of Workforce Development and are generally awarded on a competitive basis. The grants are intended to fund programs that improve the social, academic and employment skills of youth who are eligible to receive TANF benefits. For this reason, I do not object to providing some funding for grants to the Boys and Girls Clubs of America. However, I do not agree with earmarking such a large portion of what is essentially a competitive grant program for one organization. Further, the TANF fund is constrained by several spending pressures at this time and cannot support excessive spending on additional programs.
I am partially vetoing the amount earmarked for the Wisconsin Chapter of Boys and Girls Clubs of America in each fiscal year of the 2001-03 biennium, so as to reduce the amount from $500,000 to $50,000 in each fiscal year. I am also partially vetoing the amount allocated for community youth grants in fiscal year 2002-03 so as to reduce the amount from $500,000 to $50,000. Further, I am requesting the Department of Administration secretary to place $450,000 into unallotted reserve in appropriation s.
20.445 (3) (md) in 2002-
03. This veto will have the effect of providing $50,000 in each fiscal year specifically for grants to the Wisconsin Chapter of Boys and Girls Clubs of America, and of adding $450,000 in fiscal year 2002-03 to the TANF balance.
51.
After-School Care Grant Program
These sections allocate $150,000 of Temporary Assistance to Needy Families (TANF) block grant funding for transfer from the Department of Workforce Development to a newly created appropriation in the Department of Public Instruction, for an after-school care grant program beginning in fiscal year 2002-03. Under this new grant program, school boards would be able to apply to the State Superintendent of Public Instruction to fund an after-school care program for TANF-eligible children who would otherwise be unsupervised by an adult in the afternoon after school.
S341
I believe that children who would normally be unsupervised after school hours would benefit from a program like this; thus, I do not object to the idea of the program itself. However, the TANF fund is currently constrained by several spending pressures, ranging from cash assistance, to education and job skills training, and other work supports, especially child care benefits. While providing after-school care for all children is a worthwhile goal, the TANF fund cannot support spending on additional programs at this time.
I am vetoing this section to delete this new grant program, in order to conserve resources for the many important programs that are currently supported with TANF funds. I am also requesting the Department of Administration secretary to place these funds into unallotted reserve in s.
20.445 (3) (md).
52.
Study of Unclaimed Impounded Vehicles
Section 9158 (3f)
This section requires the Department of Workforce Development, in consultation with the Department of Transportation and local governmental entities, to conduct a study of the feasibility of a program that would provide or sell unclaimed impounded vehicles to low-income individuals at below-market prices. The departments would be required to submit the findings of the study to the Joint Committee on Finance and other appropriate standing committees by June 30, 2002. The Legislature provided no funding to the Department of Workforce Development to conduct the study.
I object to this provision, because, while the study may produce valuable information, it is not one of the department's priorities for use of its base resources.
I am vetoing this section to remove the requirement that the department conduct this study.
53.
Prevailing Wage Law
Sections 2026nz, 2026p, 2026r, 2558i, 2558j, 2558m, 2559d and 9458 (3z)
These sections affect the prevailing wage law, which requires workers employed on state or local public works projects to be paid the prevailing wage, as determined by the Department of Workforce Development, for the worker's trade or occupation in the area where the project is located. Specifically, these provisions would: (a) include wage data from public works projects where the wage paid is higher than the current prevailing wage in the annual wage rate survey; (b) require contractors and subcontractors to allow any individual to have access to their payroll records for projects subject to prevailing wage law to the same extent as if those records were public documents subject to the open records law; (c) prohibit the department from establishing swimming pool installer as a separate job classification; and (d) require the department to modify the metal building assembler job classification to include work on prefabricated, packaged metal buildings among the duties of that job classification.
I am vetoing sections 2026p and 2558j because including public works projects in the annual wage rate survey would violate the principles on which prevailing wage laws are based. Prevailing wage laws are intended to ensure that workers on public building projects are paid wages comparable to wages paid by the private sector for similar work. Including public construction projects when computing the prevailing wage rate would artificially inflate the prevailing wage rate for the county.
Sections 2026r, 2558m and 2559d require contractors and subcontractors to allow access to their payroll records for projects subject to prevailing wage laws. Under current law, if an individual has questions regarding a contractor's records for a public building project, that individual may request the department to examine the payroll records. Following the investigation, the payroll records become public documents and may be examined by any individual. I am vetoing these provisions because allowing any individual to obtain payroll records directly from contractors would create an unnecessary burden on private employers. If individuals wish to obtain these documents, they need only to file a request with the department.
Current law gives the department the power to establish prevailing wage rate job classifications and the power to establish the prevailing wage for those job classifications. Sections 2026nz, 2558j and 9458(3z) would require the department to modify the metal building erector job classification and prohibit the department from establishing a swimming pool installer job classification. I am vetoing these provisions because the statutes should not be used to modify the job classifications of selected occupations. If an individual or organization would like to create, delete or modify a job classification, then that individual or organization can file a request with the department. The department will then seek comment from individuals and organizations that would be affected by the change. It is inappropriate to include these changes through a process that does not allow the people and businesses who will be affected a chance to comment on the proposed change. I am sensitive to concerns about how prevailing wage data are calculated, and I encourage the department to review and evaluate its methodology for computing the prevailing wage rate.
54.
Grant to the Milwaukee Metropolitan Fair Housing Council – Discriminatory Lending Practices
Section 395 [as it relates to s.
20.445 (1) (a)] provides $150,000 GPR for the Department of Workforce Development to award a grant to the Milwaukee Metropolitan Fair Housing Council for the investigation of predatory residential real estate lending practices in Milwaukee County. As a condition of receiving these funds, the Milwaukee Metropolitan Fair Housing Council would be required to submit a report evaluating the results of the investigation to the department by January 1, 2004.
By lining out the department's s.
20.445 (1) (a) appropriation and writing in a smaller amount that deletes $150,000 GPR in fiscal year 2001-02, I am vetoing the part of the bill which funds this provision. Furthermore, I am requesting the Department of Administration secretary not to allot these funds.
S342
I object to this provision because it is more appropriate to select an organization to conduct the study through an open and objective process rather than through targeted legislation. This is also an issue that may be better served by a broader review that involves significant input from policy experts, lenders, homebuyers and the general public. In addition, it has not been demonstrated that the council lacks the resources to internally fund a study. My veto is not intended to reflect on the quality of work and level of commitment to fair housing of the Milwaukee Metropolitan Fair Housing Council.
D.
JUSTICE
CIRCUIT COURT
Family Court Counseling Fee
Sections 3832k and 9309 (4w)
