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
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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:
Page 2, line 4: substitute "well-known" for "well known".
2. Page 2, line 6: substitute "assembly" for "Assembly".
3. Page 2, line 7: substitute "legislature" for "Legislature"; and substitute "state" for "State".
Corrections In:
1995
Senate JOINT RESOLUTION 14
Prepared by the Legislative Reference Bureau
(March 9, 1995)
