Sections 9104 (8) and 9121 (1t)
Section 9104 (8) specifies that bonds cannot be issued for the construction of the Wisconsin History Museum, as enumerated, without prior approval from the Joint Committee on Finance. The Wisconsin Historical Society must also demonstrate fundraising for the facility in the amount of $30 million. Section 9121 (1t) requires the Wisconsin Historical Society and Department of Veteran Affairs to jointly submit, no later than June 30, 2021, a report to the Joint Committee on Finance concerning improvements to museum facilities in the city of Madison.
I am partially vetoing section 9104 (8) related to the restriction of bond issuance for the Wisconsin History Museum because I object to the creation of burdensome additional administrative hurdles. The Building Commission will provide appropriate project oversight and approval by the Joint Committee on Finance is duplicative and unnecessary. In addition, I am vetoing section 9121 (1t) in its entirety because I object to such a report being submitted to the Joint Committee on Finance as it is not the appropriate state entity to review proposals related to building projects. I am directing both the Wisconsin Historical Society and Department of Veteran Affairs to jointly submit a report to the Governor and Secretary of Administration, by July 1, 2020, that outlines the long-term vision and plans for current and future museum facilities in the city of Madison.
Finally, I object to the undemocratic increasing concentration of power in the Joint Committee on Finance. It is inconsistent with our constitution's requirements for a legislative quorum, bicameral passage, and presentment to the Governor contained in Article 4, § 7 and Article 5, § 10 of the Wisconsin Constitution. 28. Grants to Lakeland STAR Schools
Sections 126 [as it relates to s. 20.255 (2) (fa)], 163s, 163t, 9134 (5p), 9134 (6p) and 9434 (8p) These sections provide $250,000 in fiscal year 2019-20 in a newly-created biennial appropriation for grants to the Lakeland STAR School and the Lakeland STAR Academy. Specifically, they require the Department of Public Instruction to provide a grant of $83,000 during the biennium to the Minocqua J1 School District for the Lakeland STAR School and a grant of $167,000 during the biennium to the Lakeland UHS School District for the Lakeland STAR Academy. No payments could be made from this appropriation after June 30, 2021. The schools must demonstrate matching funds from private donors prior to receiving the funds and the school districts must provide a report to the Legislature and the State Superintendent.
I am vetoing these sections in their entirety to eliminate the grant program for Lakeland STAR Schools. I object to providing state grants to specific schools when the Legislature has continued to drastically underfund Wisconsin's public school system as a whole. I believe that every kid in Wisconsin should be able to get a great education in a public school regardless of what district they live in, and that state funding decisions should not pick winners and losers among our children. Further, I believe that the federal grant the schools were recently awarded should effectively support students attending Lakeland STAR Schools.
29. Personal Electronic Computing Devices Grant Program
Section 126 [as it relates to s. 20.255 (2) (aw)] This provision provides $9,187,500 GPR in each year for a grant program for schools to purchase mobile devices and supporting software and curriculum.
I am partially vetoing section 126 [as it relates to s. 20.255 (2) (aw)] by lining out the amounts under s. 20.255 (2) (aw) and writing in smaller amounts that reduce the appropriation by $9,187,500 GPR in each fiscal year. I object to providing funds to districts on a per student basis using a membership calculation that does not match students enrolled in ninth grade. In addition, I believe that districts may choose to invest in technology through flexibility provided by the revenue limit increase and through the existing TEACH program. Further, these funds could more effectively be spent on programs that close achievement gaps. By lining out the amounts under s. 20.255 (2) (aw) and writing in smaller amounts, I am vetoing the part of the bill that funds this provision. I am also requesting the Department of Administration secretary not to allot these funds. 30. Grants for Robot-Assisted Educational Programs for Pupils with Autism
Sections 126 [as it relates to s. 20.255 (2) (bi)], 146e and 1437p These sections create a grant program for robot-assisted educational program for pupils with autism. A cooperative educational service agency (CESA) could apply to the Department of Public Instruction for a grant to implement a program that uses all the following to teach social and behavioral skills to pupils with autism: (a) interactive, facially expressive, humanoid robots; (b) a curriculum with embedded evidence-based practices; (c) visual supports; (d) video modeling; (e) an automated data collection system; (f) a comprehensive curriculum facilitator; and (g) a pupil activity manual with extension activities. A CESA must include with its application to the department a proposal of how it plans to spend the grant moneys and an estimate of the number of students served. In addition, these sections require a CESA to use the funds to develop, implement and provide the program and to ensure that a licensed special education teacher is present at the location where the program is provided.
I am vetoing these sections in their entirety because I object to creating a grant that is insufficient to support the cost of acquired technology in a limited number of CESAs. In addition, because the Legislature failed to provide a sufficient increase for special education, this program will have limited effectiveness as the sections require that a licensed special education teacher is present at the location where the program is provided, and Wisconsin's current level of special education funding is insufficient to meet districts' and students' needs. Further, I am concerned there may only be one vendor that meets these grant requirements and I oppose earmarking funds.
C. GENERAL GOVERNMENT, CHILDREN AND FAMILIES
31. Report on Capitol Security
Section 9101 (1f)
This provision requires the Department of Administration to study the security and safety of the State Capitol and Capitol grounds in consultation with the city of Madison Police Department. A report would then be submitted to the Governor and the Legislature by January 1, 2020, which would include recommendations for ensuring safety and security.
While I strongly support ensuring the safety of visitors and employees who come to the State Capitol, I object to releasing information about potential security vulnerabilities in a public report as it would negate the very efforts of this study. In addition, it is already the duty of the Division of Capitol Police to ensure the safety and security of all state employees, legislators and visitors to the State Capitol. I am, therefore, vetoing this provision, but am directing the Division of Capitol Police to review and update, if necessary, its existing plans for the security and safety of the State Capitol, including input from the Madison Police Department.
32. Capital Planning and Building Construction Balance Lapse
Section 9201 (1j)
This provision requires the Department of Administration to lapse $5,000,000 from the capital planning and building construction services appropriation to the general fund in fiscal year 2020-21.
I am vetoing this provision because I object to this lapse which, when coupled with the additional $10,000,000 transfer of funds from the capital planning and building construction services appropriation to the building trust fund in fiscal year 2019-20 under section 9201 (1i), will leave an insufficient balance in the appropriation, which is used to manage and oversee the state building program. Collection of fees does not always coincide with the biennium in which the project is approved, particularly for larger, more complex building projects, which can create a cashflow problem.
33. Discretionary Merit Compensation Awards for the Department of Corrections
Sections 315p, 1854d and 1854f
This provision prohibits the administrator of the Division of Personnel Management within the Department of Administration from approving a request from the Department of Corrections for money from the appropriation under s. 20.865 (1) (dm) for discretionary merit compensation awards authorized under s. 20.928 (1f). I am vetoing this provision because it encroaches on the authority of the Department of Administration to administer state employee compensation policy pursuant to the provisions of the compensation plan, as approved by the Joint Committee on Employment Relations.
Furthermore, I object to this provision because it would prevent the Department of Corrections from receiving a general purpose revenue supplement for discretionary merit compensation awards provided to administrative and central office staff, which would be afforded to every other state agency. Considering the corrections workforce shortages that have increased over the past eight years, we need to have every tool available for recruiting and training employees for this important work.
34. Volkswagen Settlement Funds
Sections 55c and 9101 (2i)
These sections require the Department of Administration to establish a program to award $3,000,000 in grants of Volkswagen settlement funds for the replacement of school buses owned and operated by school boards during the 2019-21 fiscal biennium. This is part of the total $25,000,000 of remaining settlement funds appropriated under s. 20.855 (4) (h), with the rest to be used for additional a public transit vehicle replacement. Related to the new grant program, I object to the narrow use of Volkswagen settlement funds only for school buses under this provision, given the limited number of school districts to which these provisions would apply. In addition, the state has a responsibility to be a leader in adopting and encouraging the use of alternative fuels as part of an overall strategy to address climate change. Therefore, I am partially vetoing section 55c to remove language directing the Department of Administration to establish a grant program that would award settlement funds to school boards for the replacement of school buses and require school boards to provide matching funds equal to the amount of the grant award, and vetoing section 9101 (2i) to remove the allocation of $3 million for this purpose. As a result of the veto, the Department of Administration shall establish a more flexible grant program under s. 16.047 (4s) that will award Volkswagen settlement funds to advance the use of alternative fuels in accordance with the settlement guidelines. I am directing the Department of Administration to allocate up to $10,000,000 of the settlement funds to this revised grant program for electric vehicle charging stations, and at least $15,000,000 for the transit capital assistance grant program under s. 16.047 (4m). 35. Appropriation for Board of Commissioners of Public Lands Operations
Sections 282j, 335g, 335h, 335i, 335j, 335k, 335L, 335m, 335n, 335p, 335q, 335r, 335s and 335t
These sections remove the deposit of revenues from earnings associated with the Board of Commissioners of Public Lands' management of the common school fund, normal school fund, university fund and agricultural college fund (trust funds) and other revenues associated with management of lands under the board's jurisdiction to the board's trust lands and investments – general program operations appropriation. The provisions also remove the board's ability to deduct or make payments of expenses from these revenues.
I am partially vetoing section 282j and vetoing sections 335g, 335h, 335i, 335j, 335k, 335L, 335m, 335n, 335p, 335q, 335r, 335s and 335t because I object to limiting the board's ability to utilize interest and other earnings for the management of the trust funds and lands. With this veto, I am restoring these provisions to ensure that the board may request additional expenditure authority if needed to effectively manage the trust funds and lands to maximize earnings that are distributed to support library services.
36. Milwaukee County Shared Revenue Reduction for Child Welfare Services
Section 522m
This section modifies Milwaukee County's financial contribution for child welfare services provided by the Department of Children and Families' Division of Milwaukee Child Protective Services. The modification increases Milwaukee County's total contribution from $58,893,500 per fiscal year to the greater of that amount or the amount in the chapter 20 schedule for the child welfare services aids appropriation for Milwaukee County. As a result, Milwaukee County's shared revenue payment would be reduced by an additional $6,824,500 GPR in fiscal year 2020-21.
I am vetoing this section because I object to this reduction to Milwaukee County's shared revenue payment, which does nothing to improve the lives of children and their families. The immediate and only result of this reduction in shared revenue will be cuts to vital government services provided by Milwaukee County, and this leaves the county little time to prepare for these cuts. Furthermore, the budget bill as written will not accomplish the legislative intent because the additional shared revenue funds from Milwaukee County would be deposited in a sum certain program revenue child welfare appropriation, which was not increased. As a result, the related GPR child welfare appropriation will be fully spent, and no lapse to the general fund will occur from that appropriation or the shared revenue appropriation.
37. Child Care YoungStar Bonuses
Section 9106 (5f)
This section directs the Department of Children and Families to increase YoungStar bonuses under the Wisconsin Shares child care program to 15 percent for four-star child care providers and to 30 percent for five-star child care providers for the duration of the 2019-21 biennium, after which the department would have the authority to set the amount of the YoungStar bonuses in the future.
I object to this section as it unnecessarily infringes upon the department's management of this program. Therefore, I am vetoing this section to remove this requirement. The department has sufficient authority and funding under current law such that it has already announced that it increased YoungStar bonuses to these levels on July 1, 2019.
38. Elections Commission Materials and Services Lapse
Section 9212 (1c)
This section requires the Elections Commission to lapse $9,700 from the program revenue appropriation under s. 20.510 (1) (h) to the general fund in fiscal year 2019-20. I am vetoing this section because I object to reducing the balance in the Elections Commission's materials and services appropriation. This appropriation is meant to fund certain administrative processes, such as publications and mailings, and the commission can still make use of these funds in the manner for which they were intended.
39. Wisconsin Employment Relations Commission Program Revenue Lapse
Section 9214 (1c)
This section requires the Wisconsin Employment Relations Commission to lapse to the general fund any unencumbered balance exceeding 10 percent of annual expenditures from the program revenue appropriation under s. 20.425 (1) (i) at the end of each fiscal year during the 2019-21 biennium. I am vetoing this section because it is administratively burdensome, and I object to reducing the commission's flexibility to spend program revenue on labor relations functions.
D. HEALTH SERVICES AND INSURANCE
40. FoodShare Employment and Training for Able-Bodied Adults with Dependents
Section 126 [as it relates to s. 20.865 (4) (a)] This provision retains the requirement that able-bodied adults with school age dependents must meet a work requirement to receive FoodShare benefits. One way to meet that requirement is through participation in the FoodShare Employment and Training program. This provision provides funding in the Joint Committee on Finance GPR supplemental appropriation to fund the increased utilization of the FoodShare Employment and Training program.
I am partially vetoing section 126 [as it relates to s. 20.865 (4) (a)] by lining out the amounts under s. 20.865 (4) (a) and writing in smaller amounts that reduce the appropriation by $4,893,300 GPR in fiscal year 2019-20 and by $15,659,800 GPR in fiscal year 2020-21. I object to subjecting able-bodied adults with school age dependents to a work requirement, which does not appropriately balance the needs for parental involvement in children's lives, the demands of the workforce and the costs of expenses like child care. The additional barriers that some parents face in meeting work requirements should be taken into account, and children's health, safety and well-being should be our priority. Furthermore, if the Legislature believes this is a priority, it should budget the funding in the Department of Health Services in separate legislation. I am directing the Department of Health Services to maintain the FoodShare Employment and Training program for able-bodied adults without dependents with the funding appropriated under ss. 20.435 (4) (bp) and 20.435 (4) (np). I am further directing the Department of Health Services to exempt able-bodied adults with school age dependents from sanctions under the work requirement in s. 49.79 (9) (a) 1g., as allowed under 7 CFR 273.7 (d) (4) (v). This partial veto is part of a larger write-down of the Joint Committee on Finance GPR supplemental appropriation. I am requesting the Department of Administration secretary not to allot these funds. 41. FoodShare Employment and Training Drug Screening Funding
This provision retains the drug screening requirement for able-bodied adults without dependents, who intend to meet a work requirement through the FoodShare Employment and Training program.
I object to subjecting individuals receiving food assistance in the FoodShare program to drug screening as the costs of this type of program outweigh the benefits, and there is no reason to treat recipients of this type of state aid differently than Wisconsinites who use any other type of state program or assistance. I am, therefore, partially vetoing section 126 [as it relates to ss. 20.435 (4) (b), 20.435 (4) (bn), 20.435 (4) (nn) and 20.435 (4) (o)] by lining out the amounts under s. 20.435 (4) (b) and writing in smaller amounts that reduce the appropriation by $23,700 GPR in fiscal year 2019-20 and $31,400 GPR in fiscal year 2020-21; lining out the amounts under s. 20.435 (4) (bn) and writing in smaller amounts that reduce the appropriation by $4,100 GPR in fiscal year 2019-20 and $5,500 GPR in fiscal year 2020-21; by lining out the amounts under s. 20.435 (4) (nn) and writing in smaller amounts that reduce the appropriation by $4,100 PR-F in fiscal year 2019-20 and $5,400 PR-F in fiscal year 2020-21; and by lining out the amounts under s. 20.435 (4) (o) and writing in smaller amounts that reduce the appropriation by $34,500 PR-F in fiscal year 2019-20 and $46,200 PR-F in fiscal year 2020-21. This partial veto is part of a larger write-down of the Income Maintenance appropriations and the Medical Assistance appropriations. I am requesting the Department of Administration secretary not to allot these funds. 42. Disproportionate Share Hospital Payments
Section 9119 (10p)
This section requires the Department of Health Services to pay hospitals that serve a disproportionate share of low-income patients an additional $30,000,000 GPR and associated federal match in each year of the 2019-21 biennium only for Disproportionate Share Hospital supplemental payments, and increases the maximum allotment any one hospital may receive under this program to $9,600,000 in the 2019-21 biennium only.
While I am supportive of funding hospitals for uncompensated care, I object to using the Disproportionate Share Hospital supplemental payment mechanism as a primary way to do so without the infusion of federal tax dollars and resulting state savings from Medicaid expansion that would have allowed us to make these investments. Expanding Medicaid to individuals up to 138 percent of the poverty line not only ensures access to affordable, quality healthcare for Wisconsinites, it would have allowed a robust investment in our provider networks here in Wisconsin. However, in the absence of these critical federal dollars and resulting state savings, the Department of Health Services will need flexibility to prioritize the needs of patients.
I am, therefore, partially vetoing this section to allow an increase to the maximum per hospital payment under this program and broaden the language to allow the Department of Health Services the flexibility to determine the amount of additional funding under the Disproportionate Share Hospital supplemental payments to hospitals that serve low-income individuals. In addition, my partial veto will give the Department of Health Services additional flexibility in determining other potential supplemental payments to hospitals that serve low-income individuals as limited resources may allow. Further, I am directing the Department of Health Services to develop a methodology which ensures that after the new, higher cap is applied, eligible hospitals will receive no less under the Disproportionate Share Hospital supplemental formula than they would have under the current law cap.
43. Mendota Juvenile Treatment Center
Sections 9104 (6) (a) and 9319 (1)
This provision increases authorized general fund supported borrowing for the project identified as "Expansion of the Mendota Juvenile Treatment Center — Madison" from $15,000,000 to $43,994,000.
I am partially vetoing this provision because I object to the Legislature not providing sufficient borrowing authority for the building of an appropriately-sized facility. The Department of Health Services has indicated the need for $59 million to complete the project, and the Legislature's proposal provides only $44 million. Insufficient borrowing authority would result in a reduction in the number of beds the department is able to construct for juvenile treatment and impede the department's ability to provide the Mendota Juvenile Treatment Center's mental health treatment services by not providing adequate space to accommodate juveniles who are at different stages in their treatment progression. This veto results in total of $58,994,000 of general fund supported borrowing being available for this project.
44. Medicaid Reestimate
Section 126 [as it relates to s. 20.435 (4) (b)] Broadly, this provision increases funding under the Medical Assistance program.
I am partially vetoing section 126 [as it relates to s. 20.435 (4) (b)] by lining out the amounts under s. 20.435 (4) (b) and writing in smaller amounts that reduce the appropriation by $15,000,000 in each fiscal year. I object to the appropriation of these funds as it is no longer necessary based upon updated expenditure projections from the Department of Health Services. This partial veto is part of a larger write-down of the department's Medical Assistance appropriation. I am requesting the Department of Administration secretary not to allot these funds.
45. Physician and Behavioral Health Funding
Section 126 [as it relates to s. 20.865 (4) (a)] This provision increases funding in the Joint Committee on Finance GPR supplemental appropriation by $5,000,000 GPR in both fiscal years for Medicaid reimbursement rate increases for physicians and behavioral health providers.
I am partially vetoing section 126 [as it relates to s. 20.865 (4) (a)] by lining out the amounts under s. 20.865 (4) (a) and writing in smaller amounts that reduce the appropriation by $5,000,000 GPR in each fiscal year. Wisconsin is facing a behavioral health provider shortage, and I object to the removal of funding from the Department of Health Services to address this issue while the Legislature retains the funding to potentially use for other purposes. I am directing the department to proceed as soon as is practical with vital rate increases for physicians and behavioral health professionals from its base level resources.
This partial veto is part of larger write-down of the Joint Committee on Finance GPR supplemental appropriation. I am requesting the Department of Administration secretary not to allot these funds.
46. Crisis Intervention Services
Section 681
This provision allows the Department of Health Services to reimburse counties for crisis intervention services provided to Medical Assistance recipients, if the county delivers crisis intervention services on a regional basis and provides a maintenance of effort payment. This provision defines crisis intervention services as services for the treatment of mental illness, intellectual disability, substance abuse and dementia. Under the provision, counties are required to maintain a maintenance of effort equal to 75 percent of the annual average of the county's expenditures for crisis intervention services in calendar years 2016, 2017 and 2018.
I am partially vetoing this provision to remove the reference to calendar years 2016, 2017 and 2018. I object to specifying the maintenance of effort calculation in statute, and I am directing the Department of Health Services to set the county maintenance of effort for crisis intervention services in a manner it determines is appropriate and equitable.
47. Qualified Treatment Trainee Grants
Sections 126 [as it relates to s. 20.435 (1) (be)], 187m and 1763m