3880

VETOES

collections. If there were only one person that was in RICA for
180 days, the amount would be $100 x 1 x 180 = $18,000. If there
were two persons in RICA each with 180 days, the amount would be
$100 x 2 x 360 = $72,000 (or four times the amount for one).
Using the literal language of the bill and the estimates for the
fiscal note of 191 patients with an average of 365 days, the cost
would be $1.3 billion. The intent was probably to multiply the
census by the average bed days, but that is not the language in
the bill. When the calculation is done, the obligation is not
subtracted as is described in the introductory section.

The State has not yet started collecting the Federal
reimbursement funds referred to in the bill and until we do so,
there is tremendous uncertainty as to how much will be collected
and what the General Fund obligation for the private facilities
will be (since the State has never before had any obligation to
fund placements in private facilities). The fiscal note estimate
$4,526,000 is very speculative and the estimates used for the
budget are different from what is indicated in the fiscal note.

This bill presents the added problem of requiring monies to
be placed in Fiscal Year 1988 for services that in practice would
be an on-going requirement.

The Constitutional provision added in 1978 permitting the
General Assembly to mandate future executive budget funding
levels contemplates that a bill lay out a mathematic formula or
other method of establishing a specific amount, outside executive
discretion. This bill's formula is so unclear as to make
whatever funding level is proposed highly questionable, and a
possible subject of litigation.

While we could support the concept of additional monies for
community programs for mentally ill youth, this Department
opposes this bill which dedicates General Funds to particular
programs. The level of support for programs for mentally ill
youths should be subject to the same budgetary review which is
applied to programs for mentally ill adults and to the budget in
general.

For the above reasons, we would respectfully request a veto
of Senate Bill 1061.

Sincerely,

H. Louis Stettler, III

Secretary

Senate Bill No. 1061

AN ACT concerning

Mental Hygiene Administration - Supplemental
Funding - Community Services