Read and referred:
Senate Joint Resolution 18
Relating to: state sovereignty.
By Senators Drzewiecki, Rosenzweig, Petak, Breske, Farrow, Schultz and Darling; cosponsored by Representatives Porter, Hoven, Plache, Schneiders, Coleman, Musser, Harsdorf, Underheim, Goetsch, Johnsrud, Brandemuehl, Lehman, Ourada, Albers, Nass, Silbaugh, Ainsworth, Hahn, Freese, Dobyns, Skindrud, Seratti, Grothman, Owens, Walker, Lazich, Otte, Zukowski, Handrick, Gunderson, Kelso, F. Lasee, Huebsch and Lorge .
To special committee on State and Federal Relations.
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INTRODUCTION, first reading and reference of bills
Read first time and referred:
Senate Bill 108
Relating to: modifying the definitions of salvage vehicle and flood-damaged vehicle.
By Senator Moen ; cosponsored by Representatives Vander Loop, R. Young and Boyle .
To committee on Transportation, Agriculture and Local Affairs.
Senate Bill 109
Relating to: establishing a statewide technical college system student government and granting rule-making authority.
By Senators Risser, Chvala, Jauch, Moen and Wineke; cosponsored by Representatives Baldwin, Albers, Baldus, Black, Boyle, Hahn, Hanson, Notestein, Plombon, Robson, L. Young and R. Young .
To committee on Education and Financial Institutions.
Senate Bill 110
Relating to: repealing the uniform commercial code bulk transfers provisions.
By Senators George and Huelsman; cosponsored by Representatives Hubler and Prosser .
To committee on Business, Economic Development and Urban Affairs.
Senate Bill 111
Relating to: adjustment of the date of the 1996 spring primary and election and presidential preference primary and certain other dates for election procedures.
By Senators Drzewiecki, Farrow, Cowles, Darling, Panzer, Schultz and Fitzgerald; cosponsored by Representatives Walker, Jensen, Hanson, Porter, Travis, Schneiders, Musser, Johnsrud, Ourada, Boyle, Ott, Duff, Ainsworth, Freese, Hahn, Vrakas, Kreibich, Ladwig, Lazich, Seratti, Ward, Gunderson, Hoven and Olsen .
To committee on State Government Operations and Corrections.
Senate Bill 112
Relating to: notifying victims and witnesses about prisoner escapes.
By Senators Petak, Buettner, Schultz, Darling, Huelsman, Cowles and Drzewiecki; cosponsored by Representatives Seratti, Baumgart, Wood, Wirch, Plache, Ladwig, Porter, Klusman, Green, Schneiders, Musser, Ott, Lorge, Underheim, Brandemuehl, Goetsch, Duff, Lehman, Freese, Gard, Dobyns, Hahn, Silbaugh, Ainsworth, Walker, Lazich, Ziegelbauer, Otte, Grothman, Gunderson, Huebsch and Hoven .
To committee on Judiciary.
Senate Bill 113
Relating to: grounds for suspending or expelling a pupil from school.
By Senators Petak and Drzewiecki; cosponsored by Representatives Turner, Plache, Ladwig, Duff, Porter, Schneiders, Musser, Goetsch, Brandemuehl, Ainsworth, Hahn, Dobyns, Seratti and Huebsch .
To committee on Education and Financial Institutions.
Senate Bill 114
Relating to: prohibiting smoking in the state capitol building.
By Senators Clausing, Burke, Rosenzweig and Risser; cosponsored by Representatives Wirch, Grobschmidt, L. Young, Black, R. Young, Goetsch, Bock, Ladwig, Dobyns, Baldwin, Walker, Ott, Boyle, Wasserman, La Fave, Urban and Riley .
To committee on State Government Operations and Corrections.
Senate Bill 115
Relating to: expanding the coverage of the Wisconsin consumer act to all consumer transactions in which a customer owes a debt to any person.
By Senators Burke, Chvala, George and Risser; cosponsored by Representatives R. Potter, Baldwin, Bell, Black, Boyle, Bock, La Fave, F. Lasee, R. Young and L. Young .
To committee on Judiciary.
S126 Senate Bill 116
Relating to: motor vehicle theft prevention, creating a motor vehicle theft prevention board, establishing a motor vehicle insurer assessment to fund a motor vehicle theft prevention program, granting rule-making authority and making appropriations.
By Senators Burke, Adelman, Chvala, Moen and Plewa; cosponsored by Representatives Riley, Baldus, Bock, Boyle, Carpenter, Cullen, Grobschmidt, Hasenohrl, La Fave, Morris-Tatum, Plache and Turner .
To committee on Transportation, Agriculture and Local Affairs.
Senate Bill 117
Relating to: operating a motor vehicle while under the influence of an intoxicant when a minor is a passenger in the motor vehicle and providing penalties.
By Senators Farrow, Fitzgerald, Rosenzweig, Andrea and Buettner; cosponsored by Representatives Dobyns, Hanson, Grobschmidt, Owens, Gunderson, Ladwig, Olsen, Musser, Goetsch, Kreibich, Seratti, Bock, Nass, Ainsworth, Robson and Walker .
To committee on Judiciary.
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report of committees
The committee on Transportation, Agriculture and Local Affairs reports and recommends:
Assembly Bill 39
Relating to: statement of fertilizer and commercial feed fees on invoices.
Concurrence.
Ayes, 5 - Senators A. Lasee, Drzewiecki, Zien, Andrea and Clausing.
Noes, 0 - None.
Assembly Bill 60
Relating to: requirements for legal fences and the use of markers instead of fences between adjoining properties at least one of which is used for farming or grazing.
Concurrence.
Ayes, 5 - Senators A. Lasee, Drzewiecki, Zien, Andrea and Clausing.
Noes, 0 - None.
Senate Bill 51
Relating to: trespass to land.
Passage.
Ayes, 5 - Senators A. Lasee, Drzewiecki, Zien, Andrea and Clausing.
Noes, 0 - None.
Alan Lasee
Chairperson
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petitions and communications
State of Wisconsin
Claims Board
March 13, 1995
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on February 23, 1995.
The amounts recommended for payment under $4,000 on claims included in this report have, under the provisions of s. 16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $4,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
Edward D. Main
Secretary
State of Wisconsin
Claims Board
The State Claims Board conducted hearings at the State Capitol Building, Madison, Wisconsin on February 23, 1995, upon the following claims.
In addition, the following claims were considered and decided without hearings:
The Board Finds:
1. PSI, Inc. of Wild Rose, WI claims $9,933.60 refund of penalties and interest assessed against their 1989 tax liability. Due to illness of their accountant, the claimant's corporate income taxes for 1989, which were due on March 15, 1990, were not filed until November 19, 1990. In previous years, the claimant has always filed it's corporate taxes in a timely fashion. The penalties and interest of the claimant's tax liability ($14,752.00), amounted to $9,933.60. The claimant has exhausted all appeals with the Department of Revenue. The claimant feels that, in the light of the unusual circumstances that caused the delay in filing, the penalty and interest of $9,933.60 is unreasonable and exorbitant and believes the money should be refunded. 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.
S127 2. Merritt Hanson of Appleton, WI claims $7,056.88 refund of taxes paid for the years 1985 and 1986. The Claimant asserts that, although he retained his Wisconsin driver's license during those years, he was not a WI resident; he was self-employed as an independent trucker. In 1990, the Claimant began working for a WI trucking firm. He was then contacted by the DOR and assessed delinquent taxes for 1985 and 1986. He attempted to gather the records and get the situation straightened out. It was costly to have his accountant do the taxes and he did not have the available funds to expedite the paperwork. The DOR began to garnish his wages in 1991. It was later shown that he would not have owed any taxes for these years, however, by then the 2 year statute of limitations had expired. The Claimant asserts that he was never informed of the statute of limitation and does not believe it is fair for the DOR to withhold his money. 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.
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