Amendment AA1-SB49

LRBa2197/1

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2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 SENATE BILL 49

March 3, 2004 - Offered by Committee on Corrections and the Courts.

SB49-AA1,1,1 At the locations indicated, amend the bill as follows:

SB49-AA1,1,2 1. Page 2, line 1: before that line insert:

SB49-AA1,1,3 " Section 1d. 227.45 (1) of the statutes is amended to read:

SB49-AA1,1,12 227.45 (1) Except as provided in sub. (1m) and ss. 19.52 (3) and 901.05, an agency or hearing examiner shall not be bound by common law or statutory rules of evidence. The agency or hearing examiner shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. The agency or hearing examiner shall give effect to the rules of privilege recognized by law. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB49-AA1, s. 1g Section 1g. 227.45 (1m) of the statutes is created to read:

SB49-AA1,2,2 227.45 (1m) Other than cases under s. 59.694 or 62.23 (7) (e), an agency or hearing examiner is subject to the provisions of ss. 907.01, 907.02, and 907.03.".

SB49-AA1,2,3 2. Page 2, line 1: delete " Section 1" and substitute "Section 1q".

SB49-AA1,2,4 (End)