Friday, April 23, 2004
Ninety-Sixth Regular Session
The Chief Clerk makes the following entries under the above date:
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Executive Communications
State of Wisconsin
Office of the Governor
Madison
April 22, 2004
To the Honorable Members of the Assembly:
The following bills, originating in the Assembly, have been approved, signed and deposited in the office of the Secretary of State:
Bill Number Act Number Date Approved
Assembly Bill 195288April 20, 2004
Assembly Bill 209289April 20, 2004
Assembly Bill 554290April 20, 2004
Assembly Bill 628291April 20, 2004
Assembly Bill 709292April 20, 2004
Assembly Bill 730293April 20, 2004
Assembly Bill 755294April 20, 2004
Assembly Bill 925295April 20, 2004
Assembly Bill 932296April 20, 2004
Assembly Bill 306306April 22, 2004
Assembly Bill 728307April 22, 2004
Assembly Bill 732308April 22, 2004
AB 926 (in part)310April 22, 2004
Assembly Bill 396316April 22, 2004
Respectfully submitted,
Jim Doyle
Governor
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Governor's Veto Message
April 21, 2004
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 67. The bill expands the circumstances under which a health care provider may refuse to provide certain medical procedures based on moral or religious convictions. Current law already allows providers to refuse to perform sterilizations and abortions. The bill would also allow such an objection as a basis for not participating in procedures involving human embryos and fetal tissue or organs. Health care providers could also refuse to honor a patient's request to a physician to abide by their living will.
This bill improperly places a higher priority on a health care provider's own ideological beliefs than on a patient's medical well being and right to make their own health care decisions. Not only could a health care provider refuse treatment, there are no requirements that the health care professionals advise patients of their treatment options, provide a referral to the patient, transfer certain patients, or render care if the patients' health or life is threatened. While I respect the sincerity of health care providers' personal beliefs, they must not prevent access by all Wisconsin citizens to critical medical care.
This bill also poses significant problems for patients who have limited access to a choice of doctors. The personal ideological beliefs of scarce health care providers in rural or other under-served parts of the state should not dictate the legitimate medical options available to those areas' citizens. A clinic's doors are not truly open to the community if the services available within the clinic are limited to anything less than the full range of needed treatments.
This bill should be called the "Unconscionable Clause" because it would be unconscionable to deny our citizens the full range of needed medical treatment in order to satisfy the ideological views of some health care professionals.
Respectfully submitted,
Jim Doyle
Governor
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April 21, 2004
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 131. This bill reduces the initial effective period of an emergency rule from 150 to 90 days. While the bill also lengthens the maximum duration of any subsequent individual extensions of an emergency rule from 60 to 90 days and increases the maximum cumulative time period for all extensions, I believe the reduction in the initial effective period to be an impediment to the efficient, effective, and necessary use of emergency rules. The current time period for emergency rules provides consistency and reliability to individuals and businesses that work with the state.
A930
Furthermore, I object to this intrusion into the ability of the Governor to manage the agencies within his or her cabinet. Emergency rules are a long-standing tool and are necessary to ensure that state agencies correctly implement new and existing programs. The current system leaves rules in effect for a minimum of 150 days and allows the Joint Committee for Review of Administrative Rules to consider existing and proposed administrative rules. This process provides for the necessary legislative oversight, ensures the appropriate checks and balances, and permits new programs to begin in a timely fashion while permanent rules are developed.
Respectfully submitted,
Jim Doyle
Governor
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April 21, 2004
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 411. The bill exempts from nonmetallic mining reclamation requirements the removal of soils for the purpose of creating a pond or wetland that has an area of three acres or less.
This bill creates an unnecessary statutory exemption and creates a competitive advantage for operators who qualify for the exemption over those who do not. Non-exempt operators would incur the costs of obtaining permits and approvals, and developing and implementing reclamation plans as required under current law. This advantage is not in line with the principle of creating a "level playing field" which was the foundation for developing the existing nonmetallic mining reclamation rules.
Additionally, local reclamation programs and the Department of Natural Resources staff have the ability within the current regulatory framework to address problems arising under nonmetallic mining reclamation requirements from pond and wetland excavations.
Respectfully submitted,
Jim Doyle
Governor
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April 21, 2004
To the Honorable Members of the Assembly:
I am vetoing Assembly Bill 423. This bill limits the liability of a dog owner for double damages to those circumstances where the dog's bite breaks the skin and causes permanent scarring or disfigurement and where the owner was notified or knew that the dog had previously caused such an injury without provocation. The bill eliminates liability for double damages where a dog causes injury to a domestic animal or to property.
This bill also raises the maximum forfeiture that can be imposed on a dog owner when the dog injures persons, property, domestic animals and certain game animals from $500 to $2,500. The bill raises the maximum forfeiture to $5,000 if the owner was notified or knew that the dog previously caused an injury. The bill also allows any person to seek a court order to have certain public officials put down a dangerous dog.
I recognize that increasing maximum forfeitures for dog owners may increase the financial incentive for a dog owner to provide proper socialization and control of a dog. I also recognize that allowing any person to seek a court order to have an officer put a dog down may relieve some of the burden on state and municipal officials.
However, the severe restriction of the circumstances in which a dog owner is liable for double damages outweighs the potential benefits of these two provisions. The bill eliminates the liability for double damages except in those cases where the dog's bite actually breaks the skin of an individual and causes permanent scarring or disfigurement. Serious injury can result from a dog attack that does not involve biting, and the harm caused by aggressive and poorly controlled dogs is not limited to scarring but includes bruising, bone breakage, heart attack and mental trauma, as well as damage to other animals and to property. To reduce liability for these types of injuries would remove the most powerful financial consequence for irresponsible dog owners.