2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representatives Albers and Ziegelbauer,
cosponsored by Senator Burke, by request of Claims Board. Referred to Joint
committee on Finance.
1An Act relating to: expenditure of $12,600 from the general fund in payment
2of a claim against the state made by Alan and Marlene Sieker.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $12,600 from the general fund in payment of a
claim made by Alan and Marlene Sieker against the department of agriculture, trade
and consumer protection (DATCP). In September 1997, DATCP condemned and
ordered the claimants to destroy 14 elk that they owned as a part of the bovine
tuberculosis control program under s. 95.25, stats. Under s. 95.25 (5), 1995 stats.,
DATCP compensated persons whose animals were condemned at the rate of
two-thirds of the difference between the net salvage value and the appraised or
agreed value of the animals, but not more than $600 per animal. In this case, the
claimants received $600 per animal for a total of $8,400. In 1995 Wisconsin Act 450
the legislature increased the maximum rate of reimbursement to $1,500 per animal. 1995 Wisconsin Act 450
was enacted on June 24, 1996, but did not take effect until
November 1, 1997. The claimants assert that, if 1995 Wisconsin Act 450
in effect at the time that their animals were condemned, they would have been paid
$1,500 per animal. They claim the difference between the amount they were paid
($8,400) and the maximum amount they could have been paid had 1995 Wisconsin
been in effect ($21,000), for a total of $12,600. The claims board
recommended payment of this claim on December 17, 1998 (see 1997 Senate Journal
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB326, s. 1
1. Claim against the state.
There is directed to be expended from 2
the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts 3
of 1999 and 2001, $12,600 in payment of a claim against the state made by Alan and 4
Marlene Sieker, Manitowoc, Wisconsin, to compensate them for a portion of the value 5
of 14 elk that they owned that were condemned by the department of agriculture, 6
trade and consumer protection in September 1997. Acceptance of this payment 7
releases this state and its officers, employees, and agents from any further liability 8
resulting from this condemnation action.