Ayes, 6 - Senators Schultz, Huelsman, Buettner, Cowles, C. Potter and Shibilski.
Noes, 1 - Senator Chvala.
Dale Schultz
Chairperson
The committee on Judiciary reports and recommends:
Assembly Bill 115
Relating to: the placement, possession, transportation, loading or discharge of a firearm by certain private security persons.
Concurrence.
Ayes, 4 - Senators Huelsman, Welch, Drzewiecki and Darling.
Noes, 3 - Senators Risser, Adelman and Burke.
Assembly Bill 83
Relating to: battery to an emergency room worker and providing penalties.
Introduction and adoption of Senate amendment 1.
Ayes, 6 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser and Burke.
Noes, 1 - Senator Adelman.
Concurrence as amended.
Ayes, 6 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser and Burke.
Noes, 1 - Senator Adelman.
Assembly Bill 88
Relating to: seized dangerous weapons.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Concurrence as amended.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
McCrory, Marc T.,
of Janesville, as a member of the Public Defender Board, to serve for the term ending May 1, 1998.
Confirmation.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Senate Bill 213
Relating to: polygraph testing of prospective employes of a law enforcement agency.
Passage.
Ayes, 5 - Senators Huelsman, Welch, Drzewiecki, Darling and Burke.
Noes, 2 - Senators Risser and Adelman.
Relating to: disarming a peace officer.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Senate Bill 292
Relating to: creating immunity from liability for the owner of recreational property if a person dies while involved in a recreational activity on the property.
Passage.
Ayes, 5 - Senators Huelsman, Welch, Drzewiecki, Darling and Risser.
Noes, 2 - Senators Adelman and Burke.
Senate Bill 323
Relating to: testing criminal defendants who are found not competent to proceed or not guilty by reason of mental disease or defect for the presence of the human immunodeficiency virus and sexually transmitted diseases.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Senate Bill 72
Relating to: persons who are ordered to be confined as a condition of probation and providing a penalty.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators Huelsman, Welch, Drzewiecki, Darling, Risser, Adelman and Burke.
Noes, 0 - None.
Joanne Huelsman
Chairperson
__________________
State of Wisconsin
Claims Board
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on June 8, 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 June 8, 1995, upon the following claims.
In addition, the following claims were considered and decided without hearings:
The Board Finds:
S414
1. Jeffrey G. Stellings of Oshkosh, Wisconsin claims $250.00 for reimbursement of his insurance. On December 6, 1994, the claimant was en route to work-related training at MATC. He was coming down a hill toward an intersection and was unable to stop his car because of the icy conditions. The claimant's car slid into the rear of a vehicle stopped at the stop sign. The police did not issue any citations for the accident; attributing it to icy road conditions. The vehicle which the claimant struck was not damaged. Since the accident occurred while the claimant was traveling on work-related business, while he was in pay status, and was not the claimant's fault, he requests reimbursement of his $250.00 insurance deductible. The Board concludes there has been 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.
2. Jerome E. Van Natta of Milwaukee, Wisconsin claims $250.00 for vehicle damage which occurred on August 8, 1994. The claimant an employe of DOC, was attending Agent Basic Training in Milwaukee during the week of August 8-12. The Claimant's vehicle was parked in a hotel parking lot and was undamaged as of 8:30 p.m. August 8. At 8:00 a.m. August 9, the Claimant discovered that unknown persons had thrown a piece of concrete through the rear window of his vehicle. The entire window had to be replaced. The Claimant requests reimbursement of his $250 insurance deductible. He feels he should be reimbursed because he had been assigned to be at the training site as a condition of his employment and completion of his probation. The Board concludes there has been 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.
3. P. & M. Processing, Inc. of Juda, Wisconsin claims $118,543.49 damages related to a fire which occurred on January 13, 1992. Dr. Gene Killam, a DATCP veterinarian, visited the plant that day and ordered the condemnation of large quantities of inventory and supplies. No follow-up inspection of any of the inventory ever occurred and the claimants were never informed of their right to an immediate hearing. Almost all of the inventory and supplies that were condemned were located in closed freezers or coolers that remained running at all times and were not affected by the fire, which had been contained in the attic area. The claimants believe that DATCP improperly condemned the inventory in violation of Chapters
93 and
97 of Wisconsin Statutes, Chapter AG 47 of the Wisconsin Administrative Code, and DATCP's internal rules and regulations. The claimants request $96,343.49 for damages related to this condemnation of inventory. The claimants insurer paid $53,118.09; $6,500 of which was for building damage unrelated to this claim. The claimants also request $22,200.00 for lost profits due to DATCP's November 1991 order to cease transporting inedible meat. The Board concludes there has been 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.
4. David and Edith Kinney of Hudson, Wisconsin claim $58,000.00 for damages related to a home which they purchased in 1986. The claimants believe that a North Hudson building inspector improperly passed the dwelling. They state that the building inspector noticed code violations at the initial inspection, was aware of numerous repairs later required to fix the dwelling, and had engineering proof of the structure's deficiencies, yet failed to issue any citations. The claimants understand that the inspector is not a state employe, however, believe that he was inadequately trained and certified by DILHR. The claimants further assert that DILHR was negligent in accepting falsified test results for some of the building materials used in the home, and that DILHR should never have approved these materials. The claimants presented engineering proof to DILHR that the material's test results were falsified, however, DILHR refused to take any action. The Claimants believe DILHR failed in their responsibilities and request reimbursement of $58,000 for the principal and down payment put into the home. In 1993 the claimants were forced to abandon the home, which had no value because of the serious structural defects. The Board concludes there has been 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.
5. William G. Shomler of Sun Prairie, Wisconsin claims $4,400.00 for costs related to the installation of a mound septic system. On March 29, 1993, the claimant received a permit to build an underground septic system on his property in Fox Hills Subdivision. On May 10, 1993, that permit was canceled. The claimant received a letter from the Dane County Division of Public Health explaining that, although the County had originally required mound systems in the subdivision, in 1988 DILHR granted approval for underground systems. However, in May 1993 DILHR discovered that ground water conditions in the subdivision were such that underground septic systems were unsafe and rescinded their 1988 decision. This required landowners to cease construction of underground systems and obtain revised sanitary permits for mound systems. It cost the claimant $4,400 more to install a mound system. (The claimant had not yet begun construction of an underground system.) He believes that DILHR should have heeded the County's warning about the ground water situation, and never given approval for underground tanks. The Board concludes there has been 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.
