By
Senators
Robson, Chvala, Clausing, Darling, Panzer and Roessler; cosponsored by Representatives Schooff, Black, Bock, Boyle, Hebl, La Fave, Plouff, Pocan, Staskunas, Turner and Ward, by request of WI Chronic Fatigue Syndrome Assoc., Inc..
To committee on Human Services and Aging.
__________________
Read first time and referred:
Senate Bill 214
Relating to: notice to a victim of the right to make a statement at sentencing or disposition.
By
Senator
Burke
; cosponsored by Representative Huber
.
To committee on Judiciary and Consumer Affairs.
__________________
State of Wisconsin
Legislative Audit Bureau
July 28, 1999
The Honorable, The Legislature:
In response to recent legislative inquires, we have reviewed the administration and funding of the State's railroad crossing safety program. We had previously reviewed the railroad crossing safety program and reported our results in a January 29, 1996 letter report. We have updated selected information from that report and reviewed the State's use of federal funds for railroad crossing safety.
As of July 1999, Wisconsin has 7,999 railroad crossings. However, the State's primary safety concern is the 4,406 crossings that intersect with public roads at grade level. Responsibility for safety at crossings is shared by the Office of the Commissioner of Railroads and the Wisconsin Department of Transportation. Both identify safety projects and fund them, but only the Commissioner has the authority to order safety improvements.
Although the number of accidents involving motor vehicles at railroad crossings has decreased from 165 in 1994 to 88 in 1998, safety concerns continue to be raised, in part because a number of safety projects that have been ordered for completion by the Commissioner of Railroads have not yet been funded. One list of pending projects maintained by the Office includes 165 warning device projects, with an estimated cost of $14.0 million to complete, that will use all of the federal funding expected to be available to the Office through September 30, 2005. The other list includes 29 projects, with an estimated cost of $2.4 million. The Commissioner has not yet determined when these projects will be funded.
On its own initiative, the Department also identifies railroad crossing safety projects for the federal funds it controls. In fiscal year 1998-99, the Department received federal approval to obligate $6.0 million from federal railroad crossing safety funds for two large bridge projects. While these projects qualify for federal railroad crossing safety funding, they will make less funding available for more common railroad crossing safety projects, such as installing lights or gates at crossings.
The interplay between the federal and state appropriation process is complex, and some flexibility is needed to ensure the State receives the maximum amount of federal funding available. However, if the Legislature is concerned about the current project-selection process, it may wish to play a more active role in determining the use of federal funding for the railroad crossing safety program. To do this, it will need more complete information on the funding available and the Department's plans to use that funding.
Enclosed is a more complete discussion of our finding s with regard to the railroad crossing safety program. We appreciate the courtesy and cooperation extended to us by staff of the Department of Transportation and the Office of the Commissioner of Railroads.
Sincerely,
Janice Mueller
State Auditor
State of Wisconsin
Department of Natural Resources
July 15, 1999
The Honorable, The Legislature:
As directed by the Legislature in Section
9137 of
1997 Wisconsin Act 25, I am submitting on behalf of the Department of Natural Resources proposed legislation to encourage the practice of sustainable forestry.
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Enclosed is a proposal that was developed by the Department in collaboration with a wide array of individuals and groups with an interest in Wisconsin's forests. I am pleased to say that there is widespread agreement that it is in the public interest to keep forestland as forestland. The Natural Resource Board approved this proposal at their most recent meeting.
This process has already afforded us a valuable opportunity to work with many of our partners and customers to begin to address the tensions that exist between issues such as resource management, resource protection, private rights and local ordinances and zoning. We look forward to working with the Legislature and our other partners as this proposal moves forward.
Sincerely,
George E. Meyer
Secretary
State of Wisconsin
Department of Health and Family Services
July 23, 1999
The Honorable, The Senate:
Pursuant to Section
50.04(5)(fr), Wis. Stats., effective June 17, 1998, the Department is required to submit an annual report to the Legislature related to Class A violations committed by nursing homes and forfeitures assessed on nursing homes for those violations.
1997 Act 237 made a number of revisions to statutes governing the operations of nursing homes, including the maximum forfeiture amounts that the Department may assess against homes for violations. The Department has issued 9 Class A violations to nursing homes (including facilities for the developmentally disabled) in the time period June 17, 1998 through May 31, 1999.
The attached chart details the Class A violations issued in this reporting period, the amount of forfeiture assessed for each violation, and if known, the amount of the forfeiture paid and collected. There were no assessments for Class A violations that were less than $2,500.
Sincerely,
joe leean
Secretary
State of Wisconsin
Department of Regulation and Licensing
July 1, 1999
The Honorable, The Legislature:
1997 Wisconsin Act 311 mandated a joint study by the Medical Examining Board and Wisconsin medical schools of whether the physicians licensed by the medical examining board are sufficiently informed, educated or trained about advances in techniques and procedures for making a diagnosis or providing treatment.
Marlene A. Cummings, Secretary of the Department of Regulation and Licensing, assembled an implementation committee to plan and conduct a meeting to respond to the mandate. She appointed Dr. Barbara Showers, Director, Office of the Examinations to serve as the coordinator and the Medical Examining Board appointed Dr. Sidney Johnson to serve as the Chair of the Committee.
Representatives of the legislature, the Medical Examining Board, the Department of Regulation and Licensing, the medical schools, residency programs, hospitals, health maintenance organizations, continuing medical education providers, equipment providers, medical liability insurers and the State Medical Society convened on March 24, 1999 to discuss the issues and determine whether there were any recommendations for proposed legislation.
The conclusions were:
•
Credentialing by hospitals and insurers is critical to safe practice by physicians. The review process that takes place in these settings should remain and be protected.
•
Voluntary certification programs being developed by the American Medical Association (AMAP) and the American Board of Medical Specialties (ABMS) may permit physicians who are not now reviewed by hospitals and insurers to obtain a review of their practice similar to those in institutional settings.
•
Further legislation is not needed at this time.
The Medical Examining Board will continue to maintain information on disciplinary actions and stipulations. This information will be reviewed periodically to determine whether any trends emerge that may call for legislative action.
Sincerely,
Marlene A. Cummings
Secretary
State of Wisconsin
Southeast Wisconsin Professional Baseball Park District
July 22, 1999
The Honorable, The Legislature:
Attached please find the Miller Park monthly progress report for the month of June 1999 for your review and consideration. As the enclosed report indicates, Miller Park continues to develop with the District Board's "four for four" objectives of building a quality facility, on time, within budget and with strong commnity participation.
Please feel free to contact me if you have any questions or comments regarding the enclosed report.
Sincerely,
Michael R. Duckett, P.E.,R.L.S.
Executive Director
__________________
State of Wisconsin
Office of the Governor
July 29, 1999
To the Honorable, the Senate:
The following bill, originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Sincerely,
TOMMY G. THOMPSON
Governor
State of Wisconsin
Office of the Governor
July 28, 1999
To the Honorable, the Senate:
I have approved
Senate Bill 114 as
1999 Wisconsin Act 5 and have deposited it in the Office of the Secretary of State. I have exercised the partial veto in Sections 22 and 31 of the bill.
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In April of this year, 86% of Wisconsin voters approved the distribution of lottery, bingo and pari-mutuel proceeds to Wisconsin residents for property tax relief. By restoring the lottery credit to principal dwellings only, and enhancing the credit by including bingo and pari-mutuel proceeds in the dollars available for the credit, the bill enacts the will of Wisconsin residents. In doing so, it more than doubles the size of the lottery credit to the typical homeowner to an estimated $90 on the December 1999 property tax bills. It also provides property tax relief to farmers by increasing the maximum farmland tax relief credit from $1000 to $1500 and increasing the share of taxes on farmland for which the credit may be claimed from 10% to an estimated 15%.
My partial vetos are limited to correcting three technical administrative concerns. Section 22 of the bill specifies the mechanics for mobile homes to qualify for the lottery and gaming credit. I am partially vetoing section 22 to remove both January 31 deadline for owners of mobile homes to claim the credit and the requirement that eligibility for the credit for mobile homes be tied to the same date as for real property. I am partially vetoing the January 31 deadline because it is unnecessarily restrictive. My partial veto will enable the Department of Revenue to administratively set the date by which the credit must be claimed. Since homeowners are given until the due date of the first installment of their property taxes to make a claim for the credit, mobile home owners should be given at least the same degree of freedom. I am also partially vetoing the requirement that mobile homes be utilized as principal dwellings on the same date as for real property to gain the lottery credit because this requirement creates an inconsistency. In the bill, for mobile home to be eligible for the credit, the mobile home must be used as a primary dwelling on January 1 of the year prior to the year the credit is received. For assessment of mobile homes, however, taxable value is determined as of January 1 of the year the credit is received (which is the year for which the mobile home parking fee is being determined and paid). My partial veto will allow eligibility for the credit for mobile homes and the assessment for mobile homes to be tied to the same date, rather than dates that are one year apart.
Section 31 specifies that if an overpayment or underpayment is made in the amounts paid to counties or the City of Milwaukee to reimburse these local governments for their costs to precertify principal dwellings to receive the credit, a correction can be made. According to this section, the correction shall be included in the next precertification payment. Since precertification payments will be made only once every five years, however, a local government would need to wait that time period to receive a correcting payment. I am partially vetoing this section to remove the restriction that the adjustment is made on the subsequent distribution because it is too restrictive. My partial veto will permit a correction to an underpayment or overpayment to occur without a five-year wait.
I am pleased that the Legislature acted quickly on this bill so that Wisconsin homeowners will benefit from the revised lottery credit on the first property tax bills following the passage of the constitutional amendment. My partial vetos will improve the administration of the credit.
Sincerely,
tommy g. thompson
Governor
executive order #373
