Ayes, 7 - Senators Plache, C. Potter, Moore, Decker, Zien, Darling and Farrow.
Noes, 0 - None.
Senate Bill 119
Relating to: hours of labor and one day of rest in 7 for persons employed in the manufacture of butter, cheese or other dairy products from nonperishable milk, in the distribution of nonperishable milk or cream or in canning or freezing nonperishable agricultural commodities and granting rule-making authority.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators Plache, C. Potter, Moore, Decker, Zien, Darling and Farrow.
Noes, 0 - None.
Passage as amended.
Ayes, 5 - Senators Plache, C. Potter, Moore, Decker and Zien.
Noes, 2 - Senators Darling and Farrow.
Senate Bill 180
Relating to: the sale of advertising space in folded highway maps, the sale of highway service maps and making an appropriation.
Passage.
Ayes, 6 - Senators Plache, C. Potter, Decker, Zien, Darling and Farrow.
Noes, 1 - Senator Moore.
Kimberly Plache
Chairperson
__________________
State of Wisconsin
Department of Workforce Development
November 4, 1997
The Honorable, The Legislature:
The purpose of this letter is to report to the Governor and Legislature regarding allegations of worker's compensation fraud reported to the Department of Workforce development.
Section
102.125, Wis. Stats., created by
1993 Wisconsin Act 81, requires the Department to record allegations of worker's compensation fraud, and if there is a reasonable basis to believe that a violation of s.
943.395, Stats., (insurance fraud) has occurred, to refer the case for prosecution by the district attorney of the county in which the violation occurred. It also requires the Department to report annually to the Governor and Legislature regarding the number of allegations and referrals, and the results of the referrals.
This report shows that the program continues to be very effective at discharging its statutory duties and combating fraud, with a minimum of public expenditure. These achievements are founded on close partnerships with insurance carriers, prosecutors, and the employer community.
Sincerely,
Linda Stewart
Secretary
State of Wisconsin
Department of Revenue
October 17, 1997
The Honorable, The Senate:
In accordance with section 71.55(10)(e), Wis. Stats. (1995-96), I am enclosing copies of the Department of Revenue reports on distribution of enrollment cards for the Wisconsin State Medical Society "Partnercare" Program.
Sincerely,
Cate Zeuske
Secretary
State of Wisconsin
Public Service Commission of Wisconsin
November 4, 1997
The Honorable, The Senate:
Piepgras Holding Company was formed on April 16, 1991, when the majority of stock in St. Croix Valley Natural Gas Company was transferred to Donald Piepgras through a sale from his father. Section
196.795 (7), Stats, requires a Public Service Commission (Commission) investigation of the impact of the operation of the holding company on the utility no sooner than thirty-six months after a holding company is formed. Section
196.795 (7) (ar), Stats., provides that the Commission report its findings as a result of its investigation to the chief clerk of each house of the legislature for distribution to the legislature under s.
13.172 (2).
Commission staff have completed its investigation. The attached audit report discusses the scope of the audit and associated findings. In summary, no problems have appeared as a result of the formation of the holding company. Should you wish to discuss this report with Commission staff, please contact me at (608) 267-3590.
Sincerely,
Anita Sprenger
Administrator
Natural Gas Division
State of Wisconsin
Ethics Board
November 11, 1997
To the Honorable the Senate:
At the direction of s.
13.685(7),
Wisconsin Statutes, I am furnishing you with the names of organizations recently registered with the Ethics Board that employ one or more individuals to affect state legislation or administrative rules, and notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers. For each recently registered organization I have included the organization's description of the general area of legislative or administrative action that it attempts to influence and the name of each licensed lobbyist that the organization has authorized to act on its behalf.
Organizations recently registered:
Below are the names of organizations recently registered with the Ethics Board as employing one or more individuals to affect state legislation or administrative rules.
EMJ Association, Wisconsin
Subject(s): Any and all rules and legislation relating to emergency medical technicians including regulations, skill, compensation, ambulances, volunteers and others.
McIntosh, Forbes
Organization's authorization of additional lobbyists:
The following organizations previously registered with the Ethics Board have authorized to act on their behalf these additional licensed lobbyists:
S333
Blue Cross/Blue Shield United of Wisconsin
Lodes, Amy
Dental Hygienists Assn, Wisconsin
Tenuta, James
Also available from the Wisconsin Ethics Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by the organizations that employ lobbyists.
Sincerely,
R. Roth Judd
Executive Director
State of Wisconsin
Claims Board
November 3, 1997
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on October 14, 1997.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s.
16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
Edward D. Main
Secretary
STATE OF WISCONSIN
CLAIMS BOARD
The State Claims Board conducted hearings at 119 Martin Luther King Jr. Blvd., Madison, Wisconsin on October 14, 1997, upon the following claims:
In addition, the following claims were considered and decided without hearings:
In addition, the following claims, previously presented at hearing, were considered and decided:
The Board Finds:
S334
1. William J. Deppen of Madison, Wisconsin claims $1,533.32 for automobile damage allegedly caused by an accident in a state parking lot. The claimant is employed by the University of Wisconsin. The Department of Administration requested the University's assistance with a project at the Badger Road State Office Building. The claimant was scheduled to assist with this project on the afternoon of May 21, 1997. He had planned on using a UW staff vehicle to drive from his office to the Badger Road facility, however, as he was leaving, his supervisor called him into a meeting which did not adjourn until 3:40 p.m. Because he was leaving much later than originally planned, if the claimant had used a staff vehicle, which he would have had to return to the UW, he would have been late picking up his child from day care. The claimant's day care provider charges a $1 per minute late fee; therefore, the claimant had no choice but to use his own vehicle. He parked his car in the visitor parking area at the Badger Road office and was in the building for approximately 15-20 minutes, during which time his car was apparently struck by another vehicle. When he returned to his car he noticed the damage but he was not certain to whom he should make a report and he had to leave to pick up his child, so he did not immediately report the accident. The next day the claimant contacted the Capitol Police and reported the accident. The claimant's auto insurance does not cover his vehicle for business use, however, the insurance company has temporarily agreed to pay for the damage, minus the claimant's $250 deductible. The claimant requests reimbursement of the entire repair amount, as he does not wish to submit a claim to his insurer because his rates would increase and because his policy does not cover work related use of his vehicle. The Department of Administration recommends denial of this claim. The claimant was parked in the visitor area of an open parking lot. The officers inspected the damage to the vehicle and found no evidence that state property caused the damage. The officers also expressed doubt that the damage was caused by another vehicle hitting the claimant's car. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles. (Member Main not participating.)
2. Gary Heinrichs of Stoughton, Wisconsin claims $1,776.13 for vehicle damage and replacement of a car stereo. The claimant, a state employe, checked out a state vehicle from DOA Central Fleet on February 18, 1997. The fenced lot for employe vehicle parking was full and the claimant was instructed to park in the overflow parking lot. The claimant returned for his vehicle the next day and found that a rear window and his antenna were broken and his stereo was destroyed. The claimant feels the state should be held liable for these damages because he was instructed to park there. He claims $69.22 for the broken window and $1,706.91 for the stereo. The Department of Administration recommends denial of this claim. It is the policy of DOA Risk Management that the state will not insure any private vehicles that are parked on state property. The state does not cover damage to vehicles in any state owned parking lot, including the DOA Central Fleet area. The department believes the cost of the replacement stereo excessive and notes that the claimant has submitted no documentation showing the value of the original stereo. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles. (Member Main not participating.)
3. Cleansoils Wisconsin, Inc. of Vadnais Heights, Minnesota claims $175,695.00 for damages allegedly related to a highway construction project in Marathon County in 1995. The site was found to contain hazardous solid waste materials. James Peterson Sons, Inc., was the general contractor on the highway project and Central Wisconsin Engineers & Architects, Inc., was hired as a consulting firm to coordinate and monitor the waste clean up. The claimant provided soil remediation services and believes it has not been fully paid for its services. The claimant claims the balance it is owed, $175,695, for services rendered. The Department of Transportation recommends this claim be denied. The Department had no contract with the claimant and the Department did not hire Central Wisconsin Engineers (CWE) to coordinate or monitor the claimant's work. The Department's contract was with James Peterson Sons, Inc., (Peterson). The work performed by the claimant was not completed on time or in accordance with specifications or with any reasonable standards. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
4. Lulloff's Used Cars of Manitowoc, Wisconsin claims $12,850.36 for damages related to an error on a vehicle title. Mr. Iacucci purchased a truck with an Illinois title in 1994. The truck had 116,458 miles on it and the Illinois title indicated the correct mileage. When Mr. Iacucci applied for a Wisconsin title he received a title that stated the vehicle had 16,458 miles. He did not contact the state about the error. He traded the truck to Patrick Pontiac and disclosed to them that the truck had 17,117 miles, instead of the actual 117,117 miles. In January 1995 the claimant purchased the truck from Patrick Pontiac. The claimant sold the vehicle to a Mr. Reinthaler for $10,300. The truck had many mechanical problems and Mr. Reinthaler, who suspected that the actual mileage on the vehicle was more than 17,117, complained to the claimant and the Department of Transportation. The Department did an investigation and discovered the title error. The claimant bought the truck back from Mr. Reinthaler, reimbursed him for the taxes and fees and also for the repairs he made on the vehicle. The claimant requests reimbursement as follows: $10,300 cost of the truck, $515.00 sales tax, $88.50 fees, $1,769.50 for reimbursement of Mr. Reinthaler's repair bills. In addition, the claimant requests reimbursement for the interest that it is paying on the floor plan of the truck in the amount of $126.72 per month. It has come to the Department's attention that Zale Company, the Illinois company that originally owned the truck, inadvertently checked the wrong box when reassigning the certificate of title. The Department admits there was negligence on its part for not properly processing the title as in excess of its mechanical limits, as indicated in error when Zale sold the vehicle. However, the claim is based on the belief that the claimant has a vehicle with over 100,000 miles, that he thought had original miles. We now know that the vehicle does in fact have the original miles on it. Therefore, the Department recommends denial of this claim. The Board concludes the claim should be paid in the reduced amount of $5,000.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Transportation fund, unappropriated revenue.
5. Terrence P. Bauer of Custer, Wisconsin claims $148,511.92 for loss of wages related to the loss of contracts by his business. Since 1993, the Department of Commerce and its predecessor, the Department of Industry, Labor & Human Relations had contracted with Central Wisconsin Inspection Services, Inc. (CWI) as a local program operator to perform tank inspection services. The claimant is one of the owners of CWI and before the creation of CWI, was employed by DILHR. Upon leaving his position with the state because of an alleged potential conflict of interest with his tank inspection business, the claimant entered into an agreement with DILHR. In this agreement DILHR stated it would not discriminate against CWI in any manner regarding CWI's contracts. The agreement also provided that DILHR would proceed with the award to CWI of tank inspection contracts for Bid #JK-1604 for all jurisdictions in which CWI was the low bidder. DILHR further agreed that if, for any reason, any contracts in the bid were not awarded when CWI was the low bidder, the claimant would be entitled to be reinstated to his civil service position with full wages and benefits for the period between his resignation and his reinstatement. On July 29, 1996, CWI was notified that its contracts were being terminated effective October 30, 1996. CWI claims that it became aware of a significant defect in DILHR's bid awarding process in September 1996. The claimant alleges that DILHR and Commerce failed to identify certain tanks within the category of federally regulated out of service or abandoned tanks, which should have been bid on and paid for. As a result, the claimant alleges that CWI was not awarded additional bid inspections contracts under Bid #JK-1604 where CWI was or would have been the low bidder. The claimant states that the loss of contracts by CWI has resulted in a loss of livelihood. Pursuant to his agreement with the state, the claimant requests reimbursement of full wages and benefits since his resignation from the state in the amount of $149,511.92. The Department of Commerce recommends denial of this claim. The claimant's theory of breach of contract is that Commerce was required to retroactively reassess the impact of subsequent changes in the number of tanks registered within a certain category of tanks on bids that had been submitted one or more years before, and then to readjust the jurisdictions accordingly. Nothing within the resignation agreement or any other binding contract supports this interpretation of Commerce's obligation under the agreement. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
S335
6. Central Wisconsin Inspection Services of Custer, Wisconsin claims $1,049,057.00 for lost profits related to termination of tank inspection contracts with the Department of Commerce and its predecessor, the Department of Industry, Labor and Human Relations. Since July 1994 DILHR and Commerce have failed to award several bid inspection contracts under Bid #JK-1604 in jurisdictions where the claimant was the low bidder, in alleged breach of an agreement with Terry Bauer, one of the owners of the claimant company. As part of this agreement, DILHR agreed not to discriminate against the claimant in any manner regarding its contracts. On October 24, 1996, the claimant states that it first became aware of a significant defect in the bid awarding process conducted by DILHR and Commerce, in that DILHR and Commerce failed to identify a particular category of tanks, which should have been bid on and paid for. As a result, the claimant claims it was not awarded additional bid inspection contracts under Bid #JK-1604 where the claimant was or would have been the low bidder. Prior to October 1994, the claimant and other contractors had been charging a fee for the supervision of the removal of underground storage tanks. Thereafter a Cease and Desist Order regarding the charging of such fees was issued by DILHR. Subsequently, several appeals were filed by the claimant and others regarding said Cease and Desist Order, which continues to date. In July 1996 the claimant was notified that its contracts were being terminated effective October 30, 1996. The claimant alleges that this termination is the culmination of a pattern of disparate and discriminatory treatment of the claimant by various DILHR and Commerce employes, based on personal animosities against Terry Bauer and also in retaliation for the filing of a separate lawsuit by the claimant against DILHR. Further, the claimant alleges that by such actions, the state has breached the claimant's contracts with the Department of Commerce and have interfered with the claimant's contracts with DILHR. The claimant states that the loss of the contracts will render the business defunct, which will in turn, result in the loss of livelihood for the shareholders and employes of the claimant. The claimant seeks monetary compensation for all losses resulting from the alleged wrongful termination of its contracts. The Department recommends denial of the claim. The claimant's theory of breach of contract is that Commerce was required to retroactively reassess the impact of subsequent changes in the number of tanks registered within a certain category of tanks on bids that had been submitted one or more years before, and then to readjust the jurisdictions accordingly. Nothing within the resignation agreement or any other binding contract supports this interpretation of Commerce's obligation under the agreement. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
