Ayes, 7 - Senators
Lehman, Jauch, Erpenbach, Hansen, Olsen, Grothman and Hopper.
Noes, 0 - None.
Senate Bill 326
Relating to: the model academic standards for personal financial literacy.
Passage.
Ayes, 6 - Senators
Lehman, Jauch, Erpenbach, Hansen, Olsen and Hopper.
Noes, 1 - Senator
Grothman.
Senate Bill 359
Relating to: directing school boards to provide instruction about the recent history of the Hmong people.
Adoption of Senate Substitute Amendment 1.
Ayes, 7 - Senators
Lehman, Jauch, Erpenbach, Hansen, Olsen, Grothman and Hopper.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators
Lehman, Jauch, Erpenbach, Hansen, Olsen, Grothman and Hopper.
Noes, 0 - None.
John Lehman
Chairperson
Pursuant to Senate Rule 17 (5), Senator Wirch added as a coauthor of
Senate Bill
419
.
__________________
__________________
State of Wisconsin
Legislative Audit Bureau
December 18, 2009
The Honorable, The Legislature:
We have completed a financial audit of the State of Wisconsin Educational Communications Board (ECB) Radio Network to meet our audit requirements under s.
13.94, Wis. Stats., and as requested by ECB to fulfill the audit requirements of the Corporation for Public Broadcasting. The Corporation requires audited financial statements of public broadcasting entities to determine future funding levels.
ECB, which is an agency of the State of Wisconsin, operates a radio network of 13 FM stations and 1 AM station, as well as a television network of 5 digital stations. The ECB Radio Network reported $9.4 million in support and revenue during fiscal year 2008-09, including state support, member contributions, funding from the Corporation for Public Broadcasting, and various other grants.
Our audit report contains the ECB Radio Network's financial statements and related notes as of and for the periods ending June 30, 2009, and June 30, 2008. We were able to issue an unqualified independent auditor's report on these statements. However, our report on internal control and compliance includes a recommendation that ECB implement additional steps and safeguards in its financial reporting process to prevent and detect financial statement errors.
We appreciate the courtesy and cooperation extended to us by ECB staff during the audit.
Sincerely,
Janice Mueller
State Auditor
__________________
State of Wisconsin
Legislative Audit Bureau
December 18, 2009
The Honorable, The Legislature:
We have completed a financial audit of the State of Wisconsin Educational Communications Board (ECB) Television Network to meet our audit requirements under s.
13.94, Wis. Stats., and as requested by ECB to fulfill the audit requirements of the Corporation for Public Broadcasting. The Corporation requires audited financial statements of public broadcasting entities to determine future funding levels.
ECB, which is an agency of the State of Wisconsin, operates a television network of 5 digital stations, as well as a radio network of 13 FM stations and 1 AM station. The ECB Television Network reported $10.3 million in support and revenue during fiscal year 2008-09, including state support, member contributions, funding from the Corporation for Public Broadcasting, and various other grants.
Our audit report contains the ECB Television Network's financial statements and related notes as of and for the periods ending June 30, 2009, and June 30, 2008. We were able to issue an unqualified independent auditor's report on these statements. However, our report on internal control and compliance includes a recommendation that ECB implement additional steps and safeguards in its financial reporting process to prevent and detect financial statement errors.
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We appreciate the courtesy and cooperation extended to us by ECB staff during the audit.
Sincerely,
Janice Mueller
State Auditor
__________________
State of Wisconsin
Department of Health Services
December 14, 2009
The Honorable, The Senate:
The Department of Health Services is pleased to provide you with the annual report of plans and progress in addressing food insecurity under s.46.76(4) and (5).
•The Wisconsin Food Security Consortium (WFSC) remained active during 2009.
•Early in the year, the Consortium elected to visit other areas of the state to study local issues which have an
impact on food security rather than having all quarterly meeting in Madison.
•The WFSC wrote letters of recommendation for two funded projects: the Waukesha County U.W. Extension - $35,296, and the Wisconsin Apple Growers
Association - $13,900
•The American Recovery and Reinvestment Act contains a number of provisions designed to strengthen Wisconsin's food assistance safety net:
•FoodShare - Provides a 14 persent increase in benefits, effective April 2009, as well as additional funding for
administrative costs.
•The Emergency Food Assistance Program (TEFAP) - Provides $100 million to purchase food to distribute
through food pantries, soup kitchens and meal sites as well as $50 million over two years for additional storage and distribution costs.
•Wisconsin FoodShare Program participation increased 37 percent statewide (between August 2008 and August 2009).
We will continue to build on these successes to fight hunger in Wisconsin, especially among our most vulnerable citizens.
Sincerely,
karen e. timberlake
Secretary
__________________
State of Wisconsin
Claims Board
December 17, 2009
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on December 2, 2009.
Those claims approved for payment pursuant to the provisions of ss.
16.007 and
755.05 Stats., have been paid directly by the Board.
This report is for the information of the Legislature. The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
Cari Anne renlund
Secretary
STATE OF WISCONSIN CLAIMS BOARD
The State of Wisconsin Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on December 2, 2009, upon the following claims:
Claimant Agency Amount
The following claims were considered and decided without hearings:
Claimant Agency Amount
6. Janet M. Hubbard Transportation $398.44
7. Monchello C. Louis Corrections $110.09
8. Jael Speights Corrections $866.25
9. Kathleen Kopp Administration $186.89
10. Dore & Associates Administration $1,761,719.20
The Board Finds:
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1.
William R. Vyvyan, d/b/a Timberline Whitetails of Neillsville, Wisconsin claims $20,000.00 for the value of two buck fawns which allegedly died due to the actions of DNR. The claimant raises whitetail deer. He has participated in the CWD monitoring program for over six years and his herd is TB Accredited. The claimant states that approximately five years ago he sold a single buck to Alligator Creek Hunting Ranch. The claimant states that the animal was harvested within several days of the sale and tested negative for CWD. In September 2008, a doe was harvested at Alligator Creek and tested positive for CWD. In October 2008, DNR told the claimant they needed to inspect the fences on his farm because of his prior sale to Alligator Creek. The claimant did not believe the inspection was necessary. He had a fence inspection certificate issued by DNR in 2003 which was good for 10 years. He states that he was concerned about inspectors coming near his pens because it was close to the rut and his animals were very nervous. The claimant states that he was worried they would spook and injure themselves against the fences. The claimant contacted DATCP about the inspection. The claimant states that DATCP personnel expressed surprise that DNR wanted the inspection. The claimant states that DATCP did not believe his sale to Alligator Creek five years earlier was cause for concern. Three DNR wardens inspected the claimant's farm on October 23, 2008. The claimant states that the wardens were very professional and tried to avoid spooking the deer, however, when they approached the buck fawn pen, the animals spooked. One fawn ran into the fence and died instantly and another died later that night from its injuries. The claimant believes that the inspection by DNR was not necessary and requests reimbursement for the two dead fawns. The claimant does not usually sell buck fawns. He places the value of the animals at $10,000 each based on previous sales of 1-2 year old breeder bucks and bucks sold in ranch hunts.
DNR recommends denial of this claim. DNR states that the claimant's farm was one of 12 farms inspected which had sold deer to Alligator Creek. DNR personnel took great care to avoid spooking the deer. In fact, DNR states that the claimant commented at the time that he did not know why the deer spooked and that he did not blame the wardens. DNR notes that deer fawns can become easily spooked. Based on the fact that the fawns ran towards the warden when they spooked, it appears that something on the other side of the pen set them off. Warden Lundin saw one fawn go down but never saw a second animal hit the fence or become injured and DNR notes that the claimant has submitted no proof that a second animal died as a result of the spook. Furthermore, DNR believes the claimant has over-valued his animals. DNR points to the fact that it is well established under the law of damages that the value of a young animal is not the same as the value of that animal as an adult. DNR states that the claimant's own documentation shows the value of a fawn to be approximately $1500. DNR believes that the inspection was appropriately and carefully conducted pursuant to the agency's duties and responsibility and that there is no evidence that the claimant's damages were caused by DNR personnel.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles. (Member Crawford not participating.)
2. Bonnie Bjodstrup of Milwaukee, Wisconsin claims $14,539.00 for allegedly unpaid amounts due under contracts with the UW-Milwaukee School of Social Welfare. The claimant entered into various contracts between 2000 and 2004. The contracts were for work on five externally funded research projects. The terms of the contracts varied with and within each of the five projects, depending on the needs of the study and the external funding. The claimant states that the multiple contracts became very confusing and made it impossible for her to determine the accuracy of UWM's payments. She states that she did not receive copies of the contracts and that UWM's former business manager signed the claimant's name to the contracts prior to 2003. She also alleges that the business manager made errors regarding her payment time periods and that UWM at times made late payments, lumping together multiple time periods, which added to the confusion. The claimant states that UWM cancelled several contracts in December 2002 but that these contracts covered work completed between July 1 and December 31, 2002. She states that UWM did not notify her of the cancellations until January 28, 2003, by which time all of the work under these contracts had been completed. The claimant does not dispute that the contracts allow for cancellation at any time and for any reason but she finds it impossible to believe that this clause allows for cancellation of contracts for which the work has already been completed and accepted. Although the claimant does not dispute that there was discussion of the contract/payment confusion with UWM in 2003, she states that she was unable to discover the underpayment until she received copies of the contracts. She states that she requested copies in 2003 but was not provided them until her attorney made a public records request in May 2008. She states that when she compared the contracted amounts to her 1099's, she discovered that she had been underpaid in the amount of $14,539.
The UW recommends denial of this claim. UWM states that all of the claimant's payment issues were resolved with her full involvement and agreement. UWM agrees that the multiple contracts caused confusion, however in January 2003, multiple meetings and emails with the claimant brought both parties to the agreement that she would be compensated an additional $5,237 to fully resolve the issue. The claimant received written notice of this agreement on January 28, 2003. UWM notes that the claimed amount only relates to contracts prior to 2003 and that the claimant made no further allegations regarding payment problems during the remaining 2 years that she contracted with UWM. UWM believes that the claimant certainly would have spoken up after receiving the January 28th memo or during the ensuing 2 years if she believed she was still owed over $14,500. UWM states that the claimant's comparison of her 1099's and the contracts to arrive at the alleged underpayment ignores the January 2003 communications, meetings, and the agreed to resolution, as well as the lack of any further complaints by her. UWM also notes that all of the contracts entered into by the claimant allow for termination for any reason upon 60 days notice. Finally, UWM points to the fact that the statute of limitations under §
893.43, Stats., has run out for any payments due prior to December 8, 2002, which disallows her entire claim.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
3. Joseph Starkey of Hudson, Wisconsin claims $2,714.50 for attorneys fees related to investigations conducted by DOC and DOJ in response to a false allegation of sexual assault against the claimant. The claimant is a probation and parole agent and the allegation was made by an offender supervised by the claimant. The claimant denies that he assaulted the probationer or ever visited her home alone. The claimant was suspended with pay from August 1, 2008 to October 5, 2008. The claimant states that the investigation by DOC continued for at least three weeks after he returned to work. The claimant states he was not told by DOC that he was cleared when he returned to work. The claimant also states that DOJ put its investigation on hold pending the outcome of the DOC investigation. The investigations eventually concluded the charge were unfounded. The claimant believes the delay in concluding the investigations was excessive. The claimant states that he hired an attorney to assist him with clearing his name and obtaining records relating to the investigation. He requests reimbursement for that expense.
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DOC recommends denial of this claim. DOC records indicate that on August 1, 2008, an offender alleged she had been sexually assaulted by the claimant during a home visit. On October 18, 2008, DOC received the results of the investigation, which cleared the claimant of wrongdoing. DOC notes that no charges were ever filed against the claimant. DOC also notes that billing records show provided by the claimant show only 3.6 attorney hours incurred as of the date he was cleared. Finally, DOC notes that the claimant's field supervisor has long encouraged agents to conduct home visits in pairs.
DOJ also recommends denial of this claim. DOJ states that it conducted an aggressive investigation of the allegations and cleared the claimant in a timely fashion. DOJ believes that, considering the seriousness of the allegation against the claimant, an 8-9 week investigation is reasonable. DOJ also states that no authority exists for payment of this claim because no charges were filed against the claimant, nor was he accused of abusing a resident of an institution.
