11. Michael & Mary Brown of Brookfield, Wisconsin claim $88.12 for damage to tire allegedly caused by negligence of the DOT. The claimant states that at 10:30 PM on December 8, 2000, he was driving through a construction zone on Greenfield Avenue in Waukesha County. He states that there was a pole-style lane divider bent into his lane, which he had to swerve to avoid and that when he swerved, he hit a large pothole and damaged his tire and rim. The claimant states that he contacted the road contractor in charge of the project and was told that they would not pay the bill. He requests reimbursement for his tire damage.
The DOT recommends that this claim be denied. The DOT states that the area in which the accident occurred was at that time in a construction zone. The DOT states that all state construction contracts have a hold harmless agreement, which says that the contract will indemnify and save harmless the state from all claims brought because of damages received by any person on account of any act, omission, neglect or misconduct of the contractor. Therefore, the DOT believes that any responsibility to address claims of negligence resulting in damage rests with Zignego, Inc., the prime contractor on this project. The DOT finds no negligence on the part of any state employee.
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 not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles. The Board further concludes that the claimants' remedy rests with the contractor, Zignego, Inc.
12. Bryce Garrett of Boscobel, Wisconsin claims $157.80 for court costs incurred by the claimant. The claimant, an inmate at Supermax Correctional Institution, alleges that the DOC wrongly charged him with a violation of Wisconsin Administrative Code. The claimant appealed the discipline imposed on him, and filed a Writ of Certiorari in Dane County Circuit Court. The claimant states that Dane County Circuit Court reversed the decision of the DOC to discipline the claimant and ordered that the discipline be expunged from his correctional file. The claimant requests reimbursement for his court filing fee and the sheriff's fee to serve papers on the DOC. The claimant states that he will file two more lawsuits if the Claims Board does not pay this claim. He claims that the typical inmate lawsuit costs the state $4,100 and believes that the board should pay the claim rather than have the state incur $8,200 in lawsuit costs.
The DOC requests that this claim be denied. The claimant filed a motion for costs under s.
814.245(3), Wis. Stats., which the court denied, finding that the DOC was substantially justified in its position and that the claimant was therefore not entitled to costs. In addition, the DOC states that the claimant failed to serve the motion for costs on the assistant attorney general who represented the DOC in these matters. The DOC believes there is no legal basis to grant this claim. The claimant has not presented any reason why the Claims Board should ignore the circuit court decision or s.
814.25, Stats.
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 not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
Reconsideration of funding source for payment of claim of Kenneth C. Ketterer against the Department of Revenue.
On September 21, 2001, the Claims Board decided to pay the claim of Kenneth C. Ketterer against the Department of Revenue in the amount of $4,221.92. The Board further indicated that this payment should be made from the Department of Revenue appropriation s. 20.566(1)(a), Stats. The Department of Revenue has requested that the Board reconsider their decision to pay the claim from DOR funds and instead consider paying the claim from the Claims Board appropriation s. 20.505(4)(d), Stats.
After reconsideration of the funding source for payment of the claim, the board declines to change its previous decision to pay the claim from the Department of Revenue appropriation s.
20.566(1)(a), Stats.
Consideration of motion to refer innocent convict claim of Frederick Saecker to a hearing examiner.
Frederick Saecker has filed an innocent convict claim under s. 775.05, Stats., with the Claims Board. Claims Board Chairperson, Alan Lee, has made a motion that the claim should be heard by a hearing examiner designated by the board, rather than by the entire Claims Board. The hearing examiner would conduct the hearing for the claim and would submit a proposed Findings of Fact and Decision to the Claims Board for their approval.
After consideration of the issue, the Board concludes that the claim of Frederick Saecker should be considered by a designated hearing examiner, who will then submit to the Board a proposed Findings of Fact and Decision for their approval.
The Board concludes:
1. The claims of the following claimants should be denied:
Patrick D. Horkan
Pastori M. Balele
Marquita Phillips
James A. Mentek, Jr.
Geoffrey T. Hermsen
Terri Nielson/Tech Trak Consulting
James Cape & Sons, Inc.
Michael & Mary Brown
Bryce Garrett
2.
Payment of the following amounts to the following claimants from the following appropriations is justified under s.
16.007, Stats:
Alicia Bowman $156.00
Willie J. Wilks $5,000.00
West Side Garage, Inc. $2,579.34
3. The board declines to change its previous decision to pay the claim from the Department of Revenue appropriation s.
20.566(1)(a), Stats.
4. The Board concludes that the claim of Frederick Saecker should be considered by a designated hearing examiner, who will then submit to the Board a proposed Findings of Fact and Decision for their approval.
Dated at Madison, Wisconsin this 21st day of December 2001.
Alan Lee, Chair
Representative of the Attorney General
S495
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Chad Taylor
Representative of the Governor
Sheryl Albers
Assembly Finance Committee
State of Wisconsin
University of Wisconsin System
December 10, 2001
The Honorable, The Legislature:
The 2001-03 State of Wisconsin Biennial Budget,
1999 Wisconsin Act 9, included a provision to change the University of Wisconsin System's appropriation for tuition and fee revenues (Academic Student Fees, Fund 131) from an annual, sum certain appropriation to a continuing appropriation.
Wisconsin Act 9 required the Board of Regents to report annually, beginning on December 15, 2000, the amount by which actual expenditures in the previous fiscal year, in this case, 2000-2001, exceeded the amount in the schedule for that appropriation in the previous fiscal year. That report, including the purposes for which the additional revenues were spent and the amount spent for each purpose, is attached. The Board of Regents approved this report for submission at its December 7, 2001 meeting.
Please contact Freda Harris at (608) 263-5679, if you have any questions related to this report.
Sincerely,
Deborah A. Durcan
Vice President for Finance
State of Wisconsin
Joint Legislative Council
December 6, 2001
The Honorable, The Senate:
I am pleased to transmit to you the following report to the 2001 Legislature on legislation introduced by the Joint Legislative Council:
RL 2001-01 Legislation on recodification of Operating While Intoxicated and Safety Laws Pertaining to Motor Vehicle, All-Terrain Vehicle, Boat or Snowmobile Operation
(2001 Assembly Bill 667 and Senate Bill 335)
(2001 Assembly Bill 668 and Senate Bill 336)
(2001 Assembly Bill 669 and Senate Bill 337)
(2001 Assembly Bill 670 and Senate Bill 338)
I would appreciate your including this letter in the journal for the information of the membership. Additional copies of this report are available at the Legislative Council Staff Offices, One East Main, Suite 401, or from our web site at
http://www.legis.state.wi.us/lc/reports_by_topic.htm.
Sincerely,
Terry C. Anderson
Director
State of Wisconsin
Joint Legislative Council
December 11, 2001
The Honorable, The Senate:
I am pleased to transmit to you the following report to the 2001 Legislature on legislation introduced by the Joint Legislative Council:
RL 2001-10 Legislation recommended by the Special Committee on Use of Prescription Drugs for Children
(2001 Assembly Bill 672)
I would appreciate your including this letter in the journal for the information of the membership. Additional copies of this report are available at the Legislative Council Staff Offices, One East Main, Suite 401, or from our web site at
http://www.legis.state.wi.us/lc/reports_by_topic.htm.
Sincerely,
Terry C. Anderson
Director
State of Wisconsin
Department of Natural Resources
December 27, 2001
The Honorable, The Legislature:
Sec. 292.65(3)(3e) requires that no later than January 1, 2002, the Department of Natural Resources shall complete a review of the Dry Cleaner Environmental Response Fund Program and submit a report on the results of that report to the Joint Committee on Finance and to the appropriate standing committee of the legislature as determined by the speaker of the House and the president of the Senate. Attached is that report for your information and review. This report also contains an addendum by the Governor's Council on the Dry Cleaner Environmental Response Fund Program, as part of their required program review.
If you have any questions on this program or this report, please contact me at 267-7569.
Sincerely,
Robin Schmidt
Bureau for Remediation and Redevelopment
Referred to committee on Environmental Resources.
Ice Age Park & Trail Foundation
December 20, 2001
The Honorable, The Senate:
In 1999 the State Legislature included a $75,000 annual grant in the state budget to be matched with $25,000 of private funds for the purpose of establishing, maintaining and promoting the Ice Age National and State Scenic Trail. The Ice Age Park and Trail Foundation (IAPTF) was delighted to be the recipient of that grant in 2000 and 2001. It is with a great deal of pride that I submit our final report for the year 2001, as required by statute s.
23.295.
The protection, development and management of the Ice Age Trail is dependent on partnerships. The Trail's primary partners, including the National Park Service, Wisconsin Department of Natural Resources and IAPTF, work closely with county governments and other municipalities and with local volunteers from around the state. In 2000 alone, over 4,882 volunteers provided an "in kind" match of 60,323 hours spent in support of the trail. When translated into dollars their contribution equals almost $900,000 annually - really quite extraordinary.
The grant from the DNR has allowed IAPTF to:
Support the work of volunteers who develop, maintain and promote the Ice Age Trail.
Build partnerships for the Ice Age Trail area with local governmental units and nonprofit organizations.
Promote the protection of a corridor for the Ice Age Trail by providing information about acquiring land, or an interest in land in the corridor.
