Veto message excerpts

Here are excerpts of the governor’s 2001-03 budget veto message that pertain to UW System programs.

4. University of Wisconsin System Fleet Merger
Section 9156 (3s)
This section transfers to the Department of Administration the assets and liabilities of the board of regents of the University of Wisconsin System relating to its fleet maintenance functions at the Madison campus, as determined by the secretary of the Department of Administration.

I am vetoing this section because it is unnecessary. An interagency committee is already studying how to optimize state fleet maintenance and is working toward this same goal. Combining the University of Wisconsin–Madison and Department of Administration fleet maintenance operations at this time would be premature until those study efforts have been completed.

12. University of Wisconsin Special Education Study
Sections 1351zb and 2638m
This provision requires the board of regents to direct the University of Wisconsin–Madison’s School of Education and Department of Neurology to study methods of identifying and remediating special education pupils with dyslexia and irlen syndrome and to distribute the completed report to each school district.

I am vetoing these provisions because the Legislature and the university have the authority to conduct a study without a budget provision. Furthermore, while I believe this research could be of significant value, the University of Wisconsin does not require statutory language to conduct studies. In light of the potential value of research on dyslexia and irlen syndrome, I strongly encourage the board of regents to direct that such a study be done.

UNIVERSITY OF WISCONSIN SYSTEM
20. Nonresident Student Tuition and Base Reduction
Sections 395 [as it relates to s. 20.285 (1) (a)] and 9156 (3pn)
Section 9156 (3pn) requires the board of regents to increase nonresident undergraduate tuition by 2.5 percent in each year of the 2001-03 biennium in addition to the regular tuition increases approved by the board.

I am partially vetoing this provision to increase the amount of the surcharge to five percent in each year. I believe the high quality of a University of Wisconsin education justifies increasing tuition for nonresident undergraduates. For example, the University of Wisconsin–Madison’s nonresident undergraduate tuition is currently $6,000 less than the nonresident tuition charged at the University of Michigan. Even with a five percent annual surcharge, the difference would still be approximately $4,500.

The increased revenue obtained from the five percent surcharge will allow for additional reductions to the state’s general purpose revenue spending, thereby helping to improve the state’s overall fiscal condition. By lining out the University of Wisconsin System’s s. 20.285 (1) (a) appropriation and writing in a smaller amount that deletes $2,000,000 GPR in fiscal year 2001-02 and $4,000,000 GPR in fiscal year 2002-03, I am vetoing the part of the bill that reflects my intent to use the additional revenue from increasing the nonresident undergraduate tuition to replace GPR. I am also requesting the Department of Administration secretary not to allot these funds.

21. Transfer of Credits Between the University of Wisconsin and the Wisconsin Technical College System
Sections 1351x and 1370m
Section 1351x requires the University of Wisconsin System institutions to accept all general education credits transferred from both the Wisconsin Technical College System and from within the University of Wisconsin System, as well as credits included in cooperative agreements between the two systems. The provision also authorizes the Assembly and Senate Committees on Higher Education to block credits on a case-by-case basis, by a majority vote. Section 1370m requires the Wisconsin Technical College System to accept credits transferred between its campuses and from the University of Wisconsin System institutions.

I am vetoing sections 1351x and 1370m because I believe the University of Wisconsin System and Wisconsin Technical College System should continue to expand the number of transferable credits through the plan developed under the 1999-2001 biennial budget act. I fully support increasing the ease of movement between Wisconsin institutions of higher learning. As the economy becomes more knowledge-based, many workers with less than baccalaureate degrees are finding it necessary to pursue additional postsecondary education in order to advance in their careers. However, in order to maintain the academic quality of both systems, I believe it is more appropriate for the decisions to be made through existing negotiations between the two systems than by legislative mandate. I urge the University of Wisconsin and the Wisconsin Technical College Systems to continue their dialogue toward establishing a credit transfer policy. I am retaining the provision that requires regular reporting on progress in implementing the credit transfer plan. This should provide policymakers with up-to-date information on credit transfer arrangements.

22. Sex Offender Notification
Sections 1351zd, 3352p, 3352w and 9311 (7c)
Section 3352p requires the Department of Corrections to immediately provide to the board of regents detailed information regarding registered sex offenders who are either employed by the University of Wisconsin or are students attending a University of Wisconsin institution. Section 1351zd requires the board of regents to provide the information received from the Department of Corrections regarding registered sex offenders to students attending the institutions at which the registered sex offenders are employed or attend and to the students’ parents or guardians.

I am vetoing this provision in its entirety. While I agree with the intent of this provision to protect the well-being of students at the University of Wisconsin, I am concerned that the provision as drafted may not accomplish its intended purpose. By limiting the information to registered sex offenders who are employed by or attend the University of Wisconsin, the provision does not provide students with information about other registered sex offenders who may live in the same community, but are not associated with the university. Should a registered sex offender be a threat to the safety of students, it is as likely to be someone not affiliated with the University of Wisconsin as it is a fellow student or employee.

Current law authorizes law enforcement agencies to provide other organizations with the same information required under this provision if the law enforcement agencies determine that providing this information is necessary to protect the public. In the case of the University of Wisconsin, the information provided could include registered sex offenders not affiliated with the university. I request that the board of regents make use of the authority under current law to obtain information on registered sex offenders in those communities where the university has a presence.

In addition, I urge the Department of Corrections to consider adding the University of Wisconsin to the list of organizations to which the department can directly provide information on request under the s. 301.46 (4) (a) 14. If the department has legal concerns about its authority under this provision, I will support the introduction of legislation to include the board of regents on the statutory list. The effect of this veto will be to provide students with more comprehensive information on registered sex offenders than would be provided under this provision.

23. Resident Tuition for Certain Undocumented Persons
Section 1360m
This section provides an exemption from nonresident tuition to citizens of other countries who are not citizens of the United States, if they graduate from a Wisconsin high school (or receive a Wisconsin graduation equivalency), reside in the state for three years following high school graduation and submit an affidavit of their intent to apply for permanent residency as soon as they are eligible.

I am vetoing this provision because under the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who are not lawfully present in the United States are not eligible for any postsecondary education benefit based on residency in a specific state unless all legal residents of the United States are eligible for the same benefit. Under this act, all nonresident students would be eligible for resident tuition if that benefit is provided to persons living in Wisconsin who are not citizens or permanent residents of the United States. I object to potentially obligating state taxpayers to subsidize the tuition of out-of-state students.

Similar legislation passed by the California Legislature was recently vetoed by Governor Gray Davis due to concerns about the requirements of federal law and the potential cost to the state. While I appreciate the academic accomplishments many noncitizens have made in Wisconsin high schools, until Congress changes the eligibility status of undocumented persons for this benefit, the focus of taxpayer subsidized postsecondary education needs to remain on students who are legal residents of the state.

24. Provide Full Fringe Benefits to Certain Limited Term Appointments at the University of Wisconsin–Madison
Section 9156 (3e)
This section requires the University of Wisconsin–Madison to provide paid vacation and sick leave benefits to limited term appointment employees (LTEs) who meet the requirements of participating employees as defined in section 40.02 (46).

While I support the pilot program to convert fifty long-term LTE positions to permanent status, included under another provision of this bill, I am vetoing the extension of benefits to other LTE employees who are not granted permanent status. Extending benefits to these employees raises issues with respect to the classified civil service system, to LTE positions in other state agencies, which are excluded by this provision, and to the cost of this expansion. This is an issue that should only be considered after a complete and objective analysis, including a review of the results of the fifty LTE conversion pilot program.

25. Tribal Logo Development
Section 1351t
This provision creates a requirement that the Robert M. La Follette Institute of Public Affairs at the University of Wisconsin–Madison develop a tribal logo that is representative of federally recognized American Indian tribes and bands in Wisconsin for use on official state notifications of grants funded all or in part by Indian gaming receipts.

I am vetoing this provision because it is unnecessary. It is not appropriate to assign the task of developing a tribal logo to a school of public policy. In addition, the development of and use of a tribal logo for state notifications does not require a statutory mandate.

26. Domestic Abuse Training Requirements
Section 1351za
This provision requires the University of Wisconsin System board of regents to increase the amount of domestic abuse training it provides to medical and nursing students. I am vetoing this provision because the University of Wisconsin already provides domestic abuse training to medical and nursing students. The provision also does not define increased training or demonstrate that current training by the university is inadequate.

In addition, the provision was apparently added to the budget bill without the involvement of the Wisconsin Coalition Against Domestic Violence, the Wisconsin Women’s Health Foundation or the Department of Health and Family Services. These organizations are currently involved in a two-and-one-half year project to review domestic violence standards and protocols. It is appropriate to wait until the project is completed before considering changes to existing training efforts.

27. Study of Postsecondary Education Commission
Section 9101 (21jm)
This section requires the Department of Administration to conduct a study of the feasibility of creating a Postsecondary Education Commission to provide a comprehensive and coordinated framework for all postsecondary education and training and report the study results to the Legislature by January 1, 2003.

I am vetoing this provision because the Legislature does not need a statutory mandate to study this issue. The Legislature has the authority to direct the Joint Legislative Council, Legislative Fiscal Bureau or the Legislative Audit Bureau to undertake such a study.

28. Aquaculture Demonstration Facility
Section 1349v
This provision prohibits any person from releasing sturgeon raised in an aquaculture demonstration facility into any natural body of water in the state.

I am vetoing this provision because it is unnecessary and may inhibit research. Under existing law, the rearing of lake sturgeon in an aquaculture facility is limited to the Department of Natural Resources. In addition, current law prohibits any person from releasing fish into the waters of the state without a permit from the department and also explicitly prohibits the release of any species of lake sturgeon. I believe these existing provisions adequately protect the state’s natural fish stock.

The original intent of the Joint Committee on Finance was to limit the prohibition to commercially-bred sturgeon. However, as drafted, the provision applies to all sturgeon. Given the broad wording of the initiative, concerns have been raised that it could have a chilling effect on the ability of researchers in their efforts to improve the quality and productivity of fish farming in the state. The effect of this veto will be to maintain current law. I would consider legislation that was more narrowly drafted.