LRB-3478/3
JTK:kmg:km
1999 - 2000 LEGISLATURE
March 24, 2000 - Introduced by Senator Shibilski. Referred to Joint committee on
Finance.
SB510,1,2
1An Act relating to: expenditure of a sum sufficient from the general fund in
2payment of a claim against the state made by Terrence Bauer.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of a sum sufficient from the general fund in
payment of a claim against the state made by Terrence Bauer against the department
of commerce. The claimant was employed by the former department of industry,
labor and human relations (DILHR) as a flammable and combustible liquid system
coordinator. During that employment, the claimant became the owner of a company,
Central Wisconsin Inspection Service, Inc. (CWI), that began bidding on requests for
bids solicited by DILHR for underground storage tank inspections. After the
department of employment of relations determined that this posed a conflict of
interest, DILHR entered into an agreement with the claimant and CWI on July 15,
1994, under which the claimant resigned his position with DILHR as of that date,
and under which DILHR agreed that it would not discriminate against CWI in the
award of any contracts for which CWI was the low bidder on a specific named bid
number then pending and further agreed that if DILHR did so the claimant would
be entitled to reinstatement with full wages and benefits retroactive to his date of
termination. According to the claimant, DILHR and its successor, the department
of commerce, have failed since July 15, 1994, to award several contracts to CWI when
CWI was the low bidder or would have been the low bidder had the department of
commerce properly categorized its work, and the department of commerce
terminated its contracts with CWI on October 30, 1996. According to the
department, its alleged failure to describe certain tanks within certain categories in
its bid solicitations is immaterial since payments are based on the number of tanks
that are registered on the date of payment and all bidders operate from the same
information. The department also alleges that its agreement with the claimant does
not apply to the award of contracts for which bids were due to be filed after the date
of the agreement. The claimant claimed $149,511.92, which the claimant
determined is the cost of the wages and benefits that he would have received for the
period from July 15, 1994, to December 31, 1996, plus the cost of wages and benefits
calculated by the same methodology to his date of reinstatement. On October 30,
1997, the claims board recommended denial of this claim (see 1997 Senate Journal,
p. 334).
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:
SB510, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 1997 and 1999, a sum sufficient in payment of a claim against the state made by
4Terrence Bauer, Custer, Wisconsin, equal to the cost of wages and benefits that would
5have been paid to or on behalf of the claimant from July 15, 1994, to the date of his
6reinstatement to his position as a state employe to compensate him for the breach
7of an agreement entered into between the claimant, Central Wisconsin Inspection
8Service, Inc., and the former department of industry, labor and human relations on
9July 15, 1994. Acceptance of this payment releases this state and its officers,
10employes and agents from any further liability resulting from this agreement.
