Wednesday, March 24, 2004
Ninety-Sixth Regular Session
The Chief Clerk makes the following entries under the above date.
__________________
The committee on Labor, Small Business Development and Consumer Affairs reports and recommends:
Gordon
, Paul,
of Chippewa Falls, as a Commissioner of the Wisconsin Employment Relations Commission, to serve for the term ending March 1, 2009.
Confirmation.
Ayes, 5 - Senators
Reynolds, Kedzie, Zien, Decker and Hansen.
Noes, 0 - None.
Thomas Reynolds
Chairperson
__________________
State of Wisconsin
Office of the Governor
March 17, 2004
The Honorable, The Senate:
I am vetoing Senate Bill 49. This bill would change the state standard for admissibility of lay and expert witness testimony in our courts and administrative hearings to conform with federal rules. Under current law, the reliability of the evidence is a weight and credibility issue for the jury, and any challenges to this evidence are made through vigorous cross-examination or other means of impeachment. In contrast, this bill would require trial judges to assume a significant "gatekeeper" function in keeping from the jury scientific evidence that they determine is not reliable.
I am vetoing this bill because there is no evidence that Wisconsin's existing rules governing the admissibility of lay and expert witness testimony has produced unfair or illogical results. Moreover, under current law, Wisconsin judges already may reject evidence because it is superfluous, prejudicial, or inherently improbable.
Furthermore, this bill adds potential confusion to the administration of justice. Although the bill was amended in the Senate to exclude its applicability to criminal cases and Chapter
980 sexual predator cases, applying two separate standards to the admissibility of lay/expert witness testimony based on whether the case is civil or criminal is nonsensical. Under the bill as amended, the admissibility standard that would apply to a psychologist that testifies in a criminal sexual assault trial would be different than that applied to the same psychologist in a civil sexual assault trial.
In sum, the proponents of change in the evidentiary rules governing expert testimony bear the burden of demonstrating a compelling need for such change and the superiority of proposed new measures. The standard for the admissibility of lay and expert witness testimony in Wisconsin has worked effectively for decades because it places the final determination of reliability where it belongs: in the hands of a jury.
Sincerely,
Jim Doyle
Governor
State of Wisconsin
March 12, 2004
The Honorable, The Senate:
Please withdraw my name as a cosponsor of Senate Resolution 32.
Sincerely,
Ted Kanavas
State Senator
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
Department of Health and Family Services
March 4, 2004
The Honorable, The Legislature:
The biennial budget bill,
1983 Wisconsin Act 27, created s.
46.275, Community Integration Program (CIP) for Residents of State Centers. The intent of this program "is to relocate persons from the state centers for the developmentally disabled into appropriate community settings with the assistance of home and community-based services and with continuity of care. The intent of the program is also to minimize its impact on state employees through redeployment of employees into vacant positions." S.
46.275(5m) requires the Department to submit a report to the Joint Committee on Finance and to the Chief Clerk of each house of the Legislature describing the program's impact during the preceding calendar year on state employees, including the Department's efforts to redeploy employees into vacant positions and the number of employees laid off.
For the period of January 1, 2003 to December 31, 2003, 23 center residents were placed into the community. In state fiscal year 2003, the center budgets were reduced by $821,250 and 16.89 FTE as a result of CIP placements. For the period July 1, 2003 through December 31, 2003, sufficient reductions in the fiscal year 2004 operating budget will be made to reflect reductions for CIP placements. During this time period, the Department has begun the significant downsizing of Northern Wisconsin Center (NWC). A total of four layoffs have occurred as of December 31, 2003 at NWC due to the downsizing effort. There have been only 10 layoffs at the centers because of the CIP program since the program began in 1983. All other reductions were absorbed through attrition of employees.
Sincerely,
Helene Nelson
Secretary
State of Wisconsin
Department of Health and Family Services
March 4, 2004
The Honorable, The Senate:
1999 Wis. Act 113 established requirements intended to strengthen protections for children from harmful lead exposures in their homes. The provisions require, among other things, that the Department develop and maintain a statewide registry of lead-free and lead-safe housing, the standards that properties must meet to be certified lead-free or lead-safe, and implement the voluntary and mandatory provisions of the registry.
Attached is the annual status report to the legislature, as required by
1999 Wisconsin Act 113, Section
32, (9c)(a), that provides the required facts about activities related to reducing lead-based paint hazards in residential property. The report includes facts about the Lead-Free/Lead-Safe Registry of properties, the Lead Training, Accreditation and Certification Program, and the Wisconsin Childhood Lead Poisoning Prevention Program.
As also required by
1999 Wisconsin Act 113, the Department will submit a report evaluating the success or failures of Act 113 and rules promulgated under Act 113, in reducing the incidence of lead poison in children by March 1, 2005.
Thank you for distributing this report to members of the Senate.
Questions about this report may be referred to Gail Boushon at 608-267-2289.
Sincerely,
