9. Mark E. Leistickow of Green Bay, WI and James T. Barry, Jr. of Milwaukee, WI claim $2,500.00 for the difference between the Petroleum Environmental Cleanup Fund Act (PECFA) deductible effective on November 22, 1991, and the deductible which went into effect on December 11, 1991. In May, 1991, the Claimants discovered petroleum contamination, for which they were not responsible, on their property. On November 22, 1991, DILHR informed them that the property qualified for PECFA assistance and that the deductible would be $5,000. The letter also stated that the deductible would increase to $10,000 on July 1, 1993, and therefore, they should complete remediation prior to that date. The Claimants did so, but in April, 1994, DILHR told them that, because of legislation that went into effect on December 11, 1991, they were now responsible for a $7,500 deductible. This legislation changed the statutory provisions for calculating the deductible from "the greater of $5,000 or 5% of the eligible costs" to "$2,500 plus 5% of the eligible costs but no more than $7,500 per occurrence." The Claimants point out that the legislature passed this change on November 5, 1991, 17 days before DILHR sent the November 22nd letter. The Claimants find it hard to believe that DILHR was unaware of the legislature's action and do not understand why they did not include information regarding this change in the November 22nd letter, since the letter would become out of date 19 days later, when the change went into effect. The Claimants believe DILHR was negligent in withholding information regarding the change and that they should only be responsible for the $5,000 deductible. 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.
10. Lee Schiesser of Madison, WI claims $48.48 for replacement of stolen cassette player and tape, and for replacement of destroyed potted plant. The Claimant is an employe at the Department of Corrections, Division of Intensive Sanctions. The window in his office was broken out and the cassette player and tape were stolen. The potted plant near the cassette player was knocked down and destroyed. The Claimant requests $34.95 for the cassette player, $1.00 for the tape, and $10.00 for the plant and $2.53 sales tax. 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.
11. Ring Medical, Inc. of North Billerica, MA claims $50,469.00 for breach of a contract with the University of Wisconsin for the sale and installation of a communications system. On May 5, 1993, the Claimant contracted to sell a communications system to the UW for a total price of $252,480.00. The amounts were to be paid as follows: $126,240 upon signing the contract; $75,744 upon delivery of the hardware; $25,248 upon acceptance of the system; and $25,248 upon acceptance of the software. The Claimant installed the system in accordance with the parties discussion regarding implementation of the delivery and installation of the system. The UW has been using the system since the installation of the first phase on October 28, 1993. During the installation, the Claimant and the UW had discussions regarding the UW's need for a certain piece of faxing equipment, the "Faxcom Unit 4000." The "Faxcom Unit 2000", a less expensive unit, had been installed by the Claimant. The Claimant provided the UW with information on the Faxcom 4000 so that the UW could properly assess its need for the unit. In addition, the Claimant offered to credit the UW the difference in price between the two units. In March, 1994, the UW requested the Faxcom 4000. The Claimant delivered the equipment to the UW on April 13, 1994. The Claimant requested that it be allowed access to the UW premises to install the new unit. The UW refused to allow the Claimant access to UW premises. The Claimant continued to work with the UW, responding to other requests and inquiries regarding the system. The Claimant made repeated requests to be allowed access to UW premises, however, the UW has refused these requests. The Claimant believes that the UW has not worked in good faith with them towards completion of the acceptance process, and therefore, has delayed the final payments due the Claimant under the contract in the amount of $50, 496.00. 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.
S129
12. The Jackson County Clerk of Circuit Court claims $61,711.66 for reimbursement of fines incorrectly given to the state. Money from traffic citations with statute numbers 341-347 and 351 should be split 50/50 between the state and county. A county employe inadvertently used a 90/10 state/county split for these fines collected from January 1, 1986 through December 31, 1992. This resulted in the state being overpaid $61,711,66. The error was found when the county moved its records to the new CCAP computer system. 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.
13. Florence Fredrickson of Waupaca, WI claims $1,041.84 for damages to the meter and siding of her house and also her television. On June 17, 1994, a tree on the property of the Wisconsin Veterans' Home was struck by lightning. The tree fell, taking down the power and telephone wires and landed in the Claimant's front yard, ripping the meter out of her house and damaging the siding. The Claimant's television was damaged when the electrical lines were torn down. The repairs were as follows: $320.00 to fix the siding, $39.72 to fix the television, and $682.12 to repair the meter and damaged electrical system for the Claimant's house. The Claimant's insurance deductible is $100. The claim was previously considered in Executive Session on October 27, 1994. At the October meeting, the Board requested additional insurance information before deciding the claim. Specifically, why had the insurance company only paid $509.72, if the Claimant's deductible was $100.00? The insurance company indicated that they only paid $509.72 because not all of the repairs performed were caused by the falling tree. Only $250.00 of the $682.12 Bauer Electric, Inc. bill was related to the damage caused by the tree. The Board concludes the claim should be paid in the reduced amount of $100.00, based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Veterans Affairs appropriation 20.485 (gk), Stats.
14. Robert H. Hischke of Eau Claire, WI claims $1,008.00 for reimbursement of attorney fees related to a traffic accident on May 14, 1994. He was on duty as a traffic counter for the Department of Transportation (DOT) when he struck a deer with a DOT vehicle. Another state employe was following him and witnessed the accident. They both stopped to verify that the deer was dead and not obstructing traffic. The Claimant's vehicle was still able to be driven, so he decided to return to the DOT office in Eau Claire. The other state employe, notified the Eau Claire County Highway Department of the accident and then followed the Claimant back to the office. As he was turning into the DOT parking lot in Eau Claire, the Claimant was stopped by an Eau Claire County Sheriff Deputy, who observed the damage to the vehicle. He told the Deputy the cause of the damage and the Deputy gave him a $170 citation for failing to report an accident. He hired an attorney to contest the citation and was found not guilty. The Claimant does not believe he was negligent in any way and does not feel that he should have to bear the cost of obtaining justice. 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.
15. Jeffrey A. Pippenger of Eau Claire, WI claims $177.52 for reimbursement of expenses related to the cancellation of a Department of Employment Relations Engineer Equivalency Examination on October 27, 1994. Applicants were allowed to use specific types of reference materials during the examination. After the exam had started, some of the applicants were found to have unauthorized materials. After review of the confiscated materials, DER decided to void the examination not only for those who had unauthorized materials, but for all of the applicants. The Claimant believes the situation could have been avoided if the proctors had checked the reference materials of the applicants prior to the examination and that they were negligent in not doing so. He requests reimbursement for: one days pay ($10.75 X 8 hrs. = $86.00) and gas mileage (352 mi. X $0.26 = $91.52) for a total of 177.52. The Claimant would have preferred collecting money through the judicial system, from those applicants who compromised the test, however, their names could not be disclosed to him pursuant to s.
230.13 (2), Stats. 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.
16. John Shultis of Oshkosh, WI claims $1,319.96 for car damages related to an incident at Winnebago Mental Health Institute on September 15, 1994. The Claimant, an employe at Winnebago, had parked his car in his regular lot, which is located near the Winnebago Mental Health Power Plant. During that day, hot ashes from the power plant were put into an uncovered dump truck. Conditions were very windy and some of the ashes were blown from the truck onto the cars in the adjacent parking lot. The Claimant's car was damaged by the hot ashes, which melted into the clear coat on the body of the vehicle and also into the vinyl roof. The surface of the vehicle was covered in a grit that would not blow or rub off. The vehicle had been repainted and the vinyl roof re-dyed, prior to the incident, in August, 1994. The Claimant requests reimbursement of the cost to repair the paint job and roof: $997.50. He also requests reimbursement for the cost of a rental car during the two week period it will take to repair the car. The cost of the rental car would be: $22.99 per day for 14 days = $321.86. The Claimant has insurance coverage for the repairs, but not for the rental, and has a $250.00 deductible. The Board concludes the claim should be paid in the reduced amount of $250.00. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from Department of Health and Social Services appropriation 20.435 (2) (gk), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Dated at Madison, Wisconsin this 28th day of February, 1995.
Joseph Leean
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Alan Lee
Representative of Attorney General
Representative of Secretary of Administration
Christopher Green
Representative of the Governor.
__________________
Relating to rail passenger excursion permits on state-owned rail lines.
Submitted by Department of Transportation.
Report received from Agency, March 10, 1995.
Referred to committee on Transportation, Agriculture and Local Affairs, March 15, 1995.
Relating to the uniform standards of professional appraisal practice as promulgated by the appraisal standards board of the appraisal foundation.
Submitted by Department of Regulation and Licensing.
Report received from Agency, March 9, 1995.
Referred to committee on Business, Economic Development and Urban Affairs, March 15, 1995.
Relating to sex offender registration.
Submitted by Department of Justice.
Report received from Agency, March 10, 1995.
Referred to committee on Judiciary, March 15, 1995.
The Committee on Environment and Energy reports and recommends:
Relating to emission standards for hazardous air pollutants and perchloroethylene dry cleaning facilities.
Review period waived.
Ayes, 5 - Senators Cowles, Panzer, Farrow, Burke and Clausing.
Noes, 0 - None.
Robert Cowles
Chairperson
The Committee on State Government Operations and Corrections reports and recommends:
Relating to the apportionment method of reporting income.
No action taken.
Gary Drzewiecki
Chairperson
__________________
Senate Enrolled Proposals
The Chief Clerk records:
Senate Joint Resolution 8
Senate Joint Resolution 9
Senate Joint Resolution 10
Report correctly enrolled on March 10, 1995.
The Chief Clerk records:
Senate Joint Resolution 4
Senate Joint Resolution 15
Senate Joint Resolution 16
Report correctly enrolled on March 15, 1995.
__________________
Senate amendment 1 to Senate Bill 17 offered by Senator C. Potter, by request of the Department of Justice.
__________________
Corrections In:
1995 Senate Joint Resolution 4
Prepared by the Legislative Reference Bureau
(March 13, 1995)
In enrolling, the following correction was made:
1. Page 1, line 13: substitute "assembly" for "Assembly".
Corrections In:
1995
Senate JOINT RESOLUTION 8
Prepared by the Legislative Reference Bureau
(March 9, 1995)
In enrolling, the following correction was made:
Page 2, line 1: substitute "assembly" for "Assembly".
Corrections In:
1995 Senate Joint Resolution 9
Prepared by the Legislative Reference Bureau
(March 13, 1995)
In enrolling, the following correction was made:
Page 1, line 16: substitute "assembly" for "Assembly".
Corrections In:
1995 Senate Joint Resolution 10
Prepared by the Legislative Reference Bureau
(March 13, 1995)
In enrolling, the following correction was made:
