3. Dispensing Fee Increase for Certain Generic Prescriptions
4. Report on FoodShare Employment and Training Program Participation
5. Reducing Fetal and Infant Mortality and Morbidity
6. Council on Developmental Disabilities
E. STATE GOVERNMENT OPERATIONS
EMPLOYMENT RELATIONS COMMISSION
1. Disciplinary Procedures for Law Enforcement Officers and Firefighters
F. TAX, LOCAL GOVERNMENT AND TRANSPORTATION
REVENUE
1. Three-Tier Liquor Distribution System
2. Inventory Tax for Moist Snuff
SHARED REVENUE AND PROPERTY TAX RELIEF
3. Levy Limit
TRANSPORTATION
4. Reports and Approvals
5. State Bicycle and Pedestrian Facilities Program
6. Value Engineering for Highway Improvement Projects
7. Division of Motor Vehicles Service Centers
8. Department of Transportation Permits for Activities Along State Trunk Highways Within Municipal Limits
9. Vehicle Immobilization and Impoundment for Repeated Parking Violations
10. Construction Schedule for STH 23 Major Highway Development Project
11. Kenosha-Racine-Milwaukee Commuter Rail Extension Project
A.
EDUCATION AND WORKFORCE DEVELOPMENT
HIGHER EDUCATIONAL AIDS BOARD AND DEPARTMENT OF ADMINISTRATION
1.
The Wisconsin Covenant Scholars Program
Section 748 creates the Wisconsin Covenant Scholars Program. The language also establishes eligibility criteria that students must meet to receive Wisconsin Covenant Scholars grants, including a determination of financial need. I am partially vetoing section 748 to remove references to eligibility criteria related to financial need because I object to establishing specific financial need eligibility criteria at this time.
The Covenant program is intended to encourage all Wisconsin eighth graders to make a commitment to good grades, good behavior and public service in return for a guarantee that there will be an affordable place for them within Wisconsin's public or private higher education system. The first class of Covenant scholars will be entering college in the fall of 2011. I support the provisions established in section 748 requiring that Covenant grant recipients be Wisconsin residents, enroll at least half-time at an eligible campus, are not in default on child support payments and receive a grant for no more than ten semesters of undergraduate education.
I also agree that financial need must be factored into grant decisions. However, it is premature to establish explicit financial eligibility criteria four years before the first class of Covenant scholars enters college. These criteria will depend on a number of factors, such as the level of federal aid available. It is more appropriate and realistic to wait until the 2009-11 biennium to determine what financial need criteria will best serve the Covenant program. Over the next 20 months, I will work with the Legislature to develop financial need criteria that reflect the level of Covenant program participation, the status of existing need-based financial aid programs and the condition of state revenues.
S379
Section 78 provides for the coordination of promotional services related to the Covenant program between the Department of Administration and the Wisconsin Covenant Foundation, Incorporated. Sections 177 [as it relates to s.
20.505 (4) (bm)] and 520 create a new annual GPR appropriation, s.
20.505 (4) (bm) which provides aid to the foundation to help pay for promotional activities once the foundation is operational. I support the coordination of state and private efforts related to the Wisconsin Covenant. However, as drafted, these sections do not reflect the original intent of supporting operation of the Covenant program. While the new appropriation includes funding and positions to address the department's administrative responsibilities for the Covenant program, the language only authorizes payments to the foundation for promotional activities.
I am partially vetoing these sections to allow the department to pay the costs of operating the Office of the Wisconsin Covenant. Furthermore, I direct the Department of Administration secretary to request annual reports from the Wisconsin Covenant Foundation on its activities.
UNIVERSITY OF WISCONSiN HOSPITAL AND CLINICS AUTHORITY
2.
Modify Board Membership, Eliminate Limit on Bonding and Other Changes
Sections 3w, 28e, 28m, 30c, 30g, 68k, 68L, 68m, 68n, 235m, 1799m, 2710e, 2710m, 2710s, 2875e, 2898g, 2898r, 3023a, 3023b, 3023c, 3023d, 3023e, 3023f, 3023g, 3023h, 3023i, 3023j, 3023k, 3023L, 3023m, 3023n, 3023o, 3023p, 3023q, 3023r, 3023s,3023t, 3023u, 3036m, 9150, 9151, 9350, 9351 and 9451
These sections reduce the ability of the Governor and the Legislature to provide oversight and accountability over the University of Wisconsin Hospitals and Clinics Authority in relation to bonding authority, board membership and lease agreements. These sections also relieve the University of Wisconsin Hospitals and Clinics Authority of responsibilities relating to disabled children, public safety and health care regulation.
Specifically, these sections delete the authority of the Superintendent of the Department of Public Instruction to apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired.
In addition, these sections delete the authority of the Joint Committee on Finance to review and make recommendations concerning the University of Wisconsin Hospitals and Clinics Authority lease agreements; remove the phrase “comprehensive, high quality" from language describing the purpose of the University of Wisconsin Hospitals and Clinics Authority; delete references to one-time transfer of funds; delete prohibitions that prevent the University of Wisconsin Hospitals and Clinics Authority from accepting research grants in which the investigator is an employee of the University of Wisconsin Board of Regents; delete the requirement that the University of Wisconsin Hospitals and Clinics Authority use the Building Commission as the financial consultant when issuing bonds; delete a requirement that the University of Wisconsin Hospitals and Clinics Authority operates a poison control center; delete a requirement that the University of Wisconsin Hospitals and Clinics Authority is subject to state law under Chapter
150, Wisconsin Statutes, that regulates health care providers; and clarify current law relating to collective bargaining as it applies to the University of Wisconsin Hospitals and Clinics Authority.
The sections also modify current law relating to the appointment, terms, membership and quorum requirements for the University of Wisconsin Hospitals and Clinics Authority Board of Directors. The sections remove limits on the amount of bonds the University of Wisconsin Hospitals and Clinics Authority can issue and restrict issuance of bonds unless certain conditions related to refinancing and rating are met, the Joint Committee on Finance has approved issuance of bonds and the secretary of the Department of Administration has issued written approval.
I am vetoing these provisions because I object to the placement of these nonfiscal policy items in the budget. These provisions, taken together, constitute major changes to the operations of the University of Wisconsin Hospitals and Clinics Authority and should be subject to the full legislative process where the merits of these provisions can be fully and openly debated. Furthermore, I am concerned that the requirements, if enacted, would adversely affect students at the schools for the Deaf and Hard of Hearing and the Blind and Visually Impaired. While I am vetoing all of these provisions, I am willing to consider more narrowly focused legislation that protects services for disabled children and maintains executive and legislative oversight.
UNIVERSITY OF WISCONSIN SYSTEM
3.
Independent Purchase of Telecommunications Services
Section 2929v
This section allows the University of Wisconsin System to use funding from the universal service fund to pay for telecommunications services at any campus and allows the system to use universal service fund revenue to purchase its own telecommunications services apart from those provided by the Department of Administration. Under current law, these funds may only be used by the River Falls, Stout, Superior and Whitewater campuses, and telecommunications services must be purchased from the Department of Administration under the unified state BadgerNet contract.
While I support allowing the University of Wisconsin System to spend universal service fund moneys at any campus, I object to creating a possible exemption for the system from the state telecommunications contract. The use of a statewide telecommunications network ensures the coordination and efficient delivery of telecommunications services among all state agencies and institutions.
4.
Information on Instructors
Section 732p
S380
This section requires the University of Wisconsin System to provide information to students when they register for a class regarding who will be teaching the class on a daily basis and whether the teacher will be a tenured or probationary faculty member, a member of the academic staff, or a teaching assistant. I am vetoing this section in its entirety because it provides system campuses with too little flexibility to address the realities of providing instructional services.
At the time of registration, which is several months before classes actually begin, system campuses are often unable to assign specific individuals to teach every course section. In addition, circumstances such as retirements, faculty accepting positions at other universities and illness that were not anticipated during the registration period can require the assignment of academic staff and teaching assistants to teach course sections.
WISCONSIN TECHNICAL COLLEGE SYSTEM
5.
Levy Limits on Technical College Districts
Sections 737m, 737r and 9446
This provision limits, for calendar years 2007 and 2008, the increase in property taxes that a technical college district may levy. Under this provision, technical college districts are limited to an annual increase in property tax levies of four percent. This provision also establishes adjustments to the limits for debt service and allows for the limits to be exceeded by referenda. This provision would sunset on November 30, 2009.
Wisconsin's technical colleges have had levy restraints in place longer than any other unit of local government. In total, technical college levies comprise less than eight percent of the average property tax bill. Collectively, the state's technical colleges do not even use the full levy authority provided under current law. Property taxes can be controlled without placing limits on technical colleges because this budget increases funding for K-12 education and the school levy tax credit, and retains the existing 1.5 mill rate limit on technical college levies.
I am vetoing this provision because it restricts economic development and hinders educational attainment and job training. These restrictive limits threaten the ability of the Wisconsin Technical College System to help Wisconsin's economy thrive. If technical colleges do not have the ability to respond to the rapidly changing needs of businesses in Wisconsin, economic growth will suffer.
These levy limits also hinder educational attainment and job training. The limits on technical college levies will require students to pay more for classes or reduce the course availability at the technical colleges. In either case, this diminishes the state's ability to provide individuals with the skills necessary to improve their earnings and compete for better paying jobs.
6.
Limitations on Workforce Advancement Training Grants to Small Businesses
This provision creates a limit of $20,000 for Workforce Advancement Training Grants to small businesses and requires small businesses to provide a 50 percent match on all grant funding received.
I am vetoing this provision because I object to setting different criteria for grants to small businesses than for other grants distributed under the Workforce Advancement Training Grant program. The 50 percent statutory match requirement for grants to small businesses stands out in contrast to the 25 percent match established by administrative rule for all other Workforce Advancement Training grants. I am directing the Technical College System Board to address this discrepancy by including a match requirement for small businesses that is comparable to the requirement for other grants under this program.
In addition, I am vetoing the proposed $20,000 statutory grant ceiling because it creates an inequitable situation for small businesses compared with other grant awards under this program for which no statutory ceiling exists. The Technical College System Board needs the flexibility to adjust the size of grants to small businesses within a reasonable range to ensure that the recipients can achieve meaningful workforce advancement goals. I am also directing the Technical College System Board to set reasonable guidelines for the maximum grant award to small businesses.
B.
ENVIRONMENTAL AND COMMERCIAL RESOURCES
Commerce
Loans for Pulp and Paper Mill
Sections 198 [as it relates to loans for a pulp and paper mill] and 9108 (5x)
These provisions require the Department of Commerce to make two loans of $1,000,000 each from the Wisconsin development fund repayments appropriation under s.
20.143 (1) (ie), Wisconsin Statutes, to a paper mill in this state to emerge from bankruptcy.
I am partially vetoing section 198 to remove a cross reference related to the repayments appropriation. I am partially vetoing section 9108 (5x) to remove the requirement that the loans come from the Wisconsin development fund repayments appropriation. I object to requiring that the loans be made from the repayments appropriation because funds are limited in that program. I am requesting the secretary of the Department of Commerce to make these loans from the Wisconsin development fund grants and loans; recycling fund appropriation under s.
20.143 (1) (tm), Wisconsin Statutes.
2.
Petroleum Environmental Cleanup Fund Award (PECFA) Program Sunset
Sections 2616c, 2616e, 2616g, 2616i, 2622e, 2622j, 2622L, 2622p and 9308 (2f)
These sections authorize the Department of Commerce and the Department of Natural Resources to determine that no further action is necessary at a site, even if the site owner does not request the agencies to make the determination, and identifies conditions under which a site would not be eligible for PECFA reimbursement, thereby beginning the phaseout of the program.
S381
I am vetoing these sections because it is premature to require phaseout of the program. The departments are actively monitoring activity in the program and are best equipped to determine when the program has met its goals. To impose a sunset on the program could potentially leave many sites unnoticed and contaminated, creating potential threats to the environment and prohibiting further development at those sites.
NATURAL RESOURCES
3.
Chronic Wasting Disease (CWD) and Wildlife Damage Funding
Sections 707d and 9135 (3k)
Section 707d prohibits the Department of Natural Resources from expending more than $2,360,000 from nonfederal funds in the conservation fund for chronic wasting disease, thereby limiting the department's ability to manage and test for the disease. Section 9135 (3k) requires the department to prepare a plan by January 1, 2008, that describes methods for administering the Wildlife Damage Abatement and Claims Program in fiscal year 2008-09 so that the amounts expended by the department for those programs, as authorized under s.
29.889, Wisconsin Statutes, do not exceed the revenues received by the department.
I am partially vetoing section 707d because I object to the limitation on the department's ability to determine how best to use limited resources. The effect of this veto is to eliminate the provision's restriction on the use of nonfederal funds in the conservation fund for management of and testing for chronic wasting disease.
I am also partially vetoing section 9135 (3k) because the language inhibits the department from pursuing alternative solutions to the deficit facing the wildlife damage program. I understand the need to address the deficit, but the department needs the flexibility to explore alternative feasible options and not be constrained by the January 1, 2008, report requirement.
4.
Stewardship Review
Sections 9335 (2c), 9336 (1) and 9337 (1)
Section 9335 (2c) relates to initial applicability of Stewardship appraisals. Section 9336 (1) relates to initial applicability of public defender representation in civil commitment, protective placement and involuntary medication cases. Section 9337 (1) relates to initial applicability of Department of Public Instruction school breakfast programs.
I am partially vetoing these sections because the provisions related to review of certain land acquisitions by the Joint Committee on Finance should become effective with the reauthorized Stewardship program, which begins July 1, 2010.
5.
Muskellunge Fishing Season and Catch and Release Bass Fishing
Sections 712m and 712r
Section 712m prohibits a person from using any hook, bait or lure, other than an artificial lure that has a barbless hook, while fishing during a catch and release bass fishing season established by the Department of Natural Resources. Section 712r requires the department to establish a fishing season that authorizes catch and release muskellunge fishing on inland waters north of U.S. Highway 10 other than the boundary waters between this state and the state of Michigan. It also prohibits a person from using any hook, bait or lure, other than an artificial lure that has a barbless hook, while fishing during the catch and release muskellunge fishing season established by the department.
I am partially vetoing sections 712m and 712r because they would apply to more people than those who are only fishing catch and release for bass and muskellunge.
STATE FAIR PARK BOARD
6.
Quarterly and Annual Reports
Section 781v
This section requires the State Fair Park Board to submit quarterly reports to the Department of Administration and the Joint Committee on Finance, projecting revenues and expenditures for the coming quarterly period for the park's program revenue appropriations. This section also requires the board to submit an annual plan to the Department of Administration, for bringing park expenditures in line with revenues and reducing the existing deficit. The plan must then be submitted, with or without modifications by the Department of Administration, to the Joint Committee on Finance, under 14-day passive review procedures, by November 15th of each year. These requirements would sunset on December 31, 2013.
I am vetoing this section because I object to the infringement on executive branch authority to manage programs and because it is unnecessary. The board must have flexibility to operate the State Fair and other nonfair events. While I am concerned with the status of the board's finances, the board and its staff have taken several measures to address factors that are not under the board's control and to better manage the operations that the board does control.
