Wisconsin Legislature: SJ95305

10. Judith Sarbacker of Portage, Wisconsin claims $50,000.00 for loss of society and companionship related to the death of her husband. The claimant's husband was admitted to UW hospital on June 25, 1991, with Acute Gastrointestinal Hemorrhage. When the claimant arrived at the hospital, she was told that her husband had a hole in his esophagus, but that he was in stable condition. Later that evening, the claimant's husband told the nurse he wanted some water. She refused, but after he persisted, she gave him a cup of shaved ice chips. He sucked on the ice and then began to cough and spit up blood. Twenty minutes later a surgeon arrived and the claimant's husband was rushed to surgery. He died at 10:32 that evening. The claimant sued the UW Hospital but the case was dismissed. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the 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. Andrea Krueger of Appleton, Wisconsin claims $150.00 insurance deductible for medical costs incurred as a result of an accident at the UW-Whitewater theater. The claimant was a cast member in a production at the UW. During a rehearsal, the claimant was walking up a staircase which was part of the set. As she stepped on the top stair, the staircase disconnected from the platform to which it was attached, causing the claimant to fall 8-10 feet to the floor below. The claimant was transported by ambulance to the emergency room where she was treated for cuts and bruises and examined for broken bones and internal injuries. The claimant believes the set was not properly constructed and requests reimbursement of her $150 insurance deductible. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s. 20.285 (1)(h), Stats.

12. Wausau Insurance Companies of Wausau, Wisconsin claims $ 630.45 for subrogation damages related to injuries sustained by the claimant's insured, James Shallue, at the October 30, 1993 UW-Michigan football game at Camp Randall. At the end of the game, students rushed the field, causing a stampede during which a number of spectators were injured. The claimant's insured was among those injured. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the 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. John W. Frank of Madison, Wisconsin claims $1,061.77 for vehicle damages related to an incident on April 11, 1995. The claimant is employed by the Educational Communications Board as a Radio Maintenance Engineer. He was working at a radio tower that is under construction when ice fell from the tower and damaged his truck. Although the claimant is employed by the ECB, the tower is owned by the University of Wisconsin. The repair total was $1,061.77 and the claimant has a $1,000 insurance deductible. The Board concludes the claim should be paid in the reduced amount of $500.00, based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s. 20.285 (1)(a), Stats.

14. Frank Henningfield of Burlington, Wisconsin claims $51.10 for damage to a bus window related to an incident at Southern Wisconsin Center. The claimant was transporting patients from the center. While they were boarding the bus, one of the patients banged his head on the bus window, breaking the window. The claimant requests reimbursement of the cost to replace the window. The damage was not covered by the claimant's insurance. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from Department of Health and Social Services appropriation s. 20.435 (2)(gk), Stats.

15. Ann Nesmith of Neenah, Wisconsin claims $121.00 for auto repairs and car rental costs related to an incident at Winnebago Mental Health Institute. On May 13, 1995, the claimant's vehicle was parked in the Winnebago parking lot. On May 14, 1995, the claimant discovered a long scratch down the side of her van. The claimant believes the damage was caused by a patient at WMHI, and may possibly be related to a confrontation she had with two patients on May 13, 1995. She requests reimbursement for her insurance deductible ($100), and for a 2 day car rental ($21). The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the 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. Linda Suda of Appleton, Wisconsin claims $100.00 for reimbursement of vehicle repair and towing costs incurred due to an accident on December 15, 1994. The claimant is an employe of Winnebago Mental Health Institute. She was instructed by her supervisor to attend a leadership class sponsored by H & SS in Madison. She chose to drive her personal vehicle to the class in order to keep the WMHI vehicle available for patient use. While traveling on Highway 151, an oncoming vehicle crossed the yellow line into the claimant's lane. The claimant swerved to avoid the vehicle and ended up in a ditch. She was unable to get her car out and had to have it towed. Either during the accident or as a result of the towing, a CV boot on the claimant's car was damaged. The car repairs came to $138.58 and the towing cost $40.00. The claimant is requesting reimbursement of her $100.00 insurance deductible. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.

17. Anita L. Ryan of Delavan, Wisconsin claims $100.00 for vehicle damages incurred on August 8, 1995. The claimant is employed at the Wisconsin School for the Deaf. On August 8, 1995, she was instructed to move her car, which was parked near the WSD powerhouse, to the parking area in front of the dorm. The claimant moved the car at approximately 2 p.m. The claimant then left WSD later that day to travel to a conference in Minnesota. The claimant did not take her personal vehicle. At approximately 6 p.m. on August 8, the claimant's husband picked up the car from WSD and noticed that there were two scrapes on the right side of the car. The claimant has received two repair estimates: $486.99 and $620.55. The claimant's insurance deductible is $100.00. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.

S423 18. Franchise Finance Corporation of America of Scottsdale, Arizona claims $19,886.00 for overpayment of fees related to the filing of the claimant's 1995 Foreign Corporation Annual Report. The claimant incorrectly reported paid-in capital as $783,053,466 and paid a fee of $66,544 based on that amount. The correct amount of paid-in capital is $549,168,000. This amount would have resulted in a fee of $46,658. The claimant filed articles of correction with the Secretary of State when the error was discovered. The claimant requests reimbursement of the difference between the two fees. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.

19. George N. Scheifen of Milwaukee, Wisconsin claims $123.38 for refund of interest and penalties assessed on his 1993 sales tax return. The claimant, a first time business owner, did not receive his sales tax report form for 1993 because the Department of Revenue had him listed under an incorrect address. When he filed his personal income tax returns, the error was discovered and the claimant filed his sales tax return. The claimant was assessed penalties and interest because of the late filing. On August 2, 1994, the claimant received a delinquent tax notice for payment of the interest and penalties. The claimant's accountant contacted the DOR and protested that the interest and penalties were excessive. Ross Brown, a DOR revenue agent, agreed with him and said that he would take care of it. On October 3, 1994, the claimant received another delinquent tax notice. The claimant's accountant again contacted Mr. Brown at DOR, who seemed surprised that the problem was not yet cleared up. Mr. Brown again assured the accountant that he would take care of it. The claimant received delinquent tax notices again in November and December of 1994. In December Mr. Brown told the claimant that it was impossible to remove the interest and penalties from the computer at his end. He suggested that the claimant pay the $123.38 and request a refund. The Board concludes the claim should be paid in the reduced amount of $67.89, based on equitable principles. The Board further concludes the claim should be paid from Claims Board appropriation s. 20.505 (4)(d), Stats.

20. Gospel Mennonite School of Almena, Wisconsin claims $780.00 for costs involved in testing the school's drinking water for pesticides. In March 1995, the school received "form 1" from the DNR. This form indicated that the school needed to test their drinking water for pesticide contamination. One week later, the school received "form 2" which omits the pesticide test requirement. The school contacted the DNR and asked if they needed to perform the test. The DNR indicated that since the first form had a more recent date, they should have the test done. On March 28, the school sent a water sample to a laboratory for the test. On April 10, they received a call from the DNR saying that "form 1" was incorrect, and that the test was not needed. The school contacted the laboratory, but the test had already been run. The claimant requests reimbursement for the $780.00 lab fee. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s. 20.370 (2)(ma), Stats.

21. Clifford C. Hill of St. Germain, Wisconsin claims $330.00 for compensation for lost glasses. The claimant is a Limited Term Employe at the State Fish Hatchery in Woodruff, WI. While performing his duties, he accidentally hit himself alongside the head with a pole handle attached to the net he was using. His eyeglasses were knocked off and carried away. The Hatchery Supervisor approved reimbursement for the claimant, however, his claim was later denied because he is an LTE. He requests $330 to cover the cost of his glasses, which are not covered by his insurance policy. The Board concludes the claim should be paid in the reduced amount of $100.00, based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s. 20.370 (1)(mu), Stats.

22. Arthur J. Fariole of Plymouth, Wisconsin claims $850.00 for back pay and overtime pay related to his job at Kettle Moraine Correctional Institute. The claimant, an inmate at KMCI, has a job sweeping floors in the housing unit in which he resides. The claimant states that he has worked 15 hours per day, 7 days per week for the past 18 months but has only been paid for 6 hours of work per day on weekdays and 5 hours of work per day on weekends. The claimant points to the Administrative Code which states that "Full-time program assignments other than vocational training and school are equivalent to 8 hours a day" [DOC 309.55 (6) (d)]. Therefore, the claimant believes that he is entitled to be paid 8 hours per day and requests $850.00 for back wages. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.

23. William Sid DuPree of Oshkosh, Wisconsin claims $25,000.00 for compensation under s. 755.05, Stats., for innocent convicts. The claimant was arrested on August 22, 1984, by the Beloit Police Department and charged with misdemeanor battery as a repeater. The case was prosecuted by A.D.A. Kate Buker. The claimant was convicted by a jury and sentenced to three years in prison on September 13, 1987. The claimant appealed his conviction and the case was reversed and remanded in July 1988. The Rock County District Attorney's office did not re-prosecute the claimant and in 1992 the case was dismissed for failure to prosecute. The appeals court found that the trial court had abused its discretion when admitting evidence of the claimant's past convictions. The trial court had ruled that all 23 of the claimant's past convictions were admissible. The appeals court ruled that many of them were extremely old and should not have been admitted. Because there was no evidence collaborating the testimony of either the claimant or his alleged victim, their credibility was the critical issue and the large number of prior convictions admitted into evidence may have influenced the jury and damaged the claimant's credibility. The claimant points to the fact that the trial judge stated on the record that he believed much of the claimant's testimony. The claimant states that he did not commit battery against the alleged victim. He states that she was grabbing at him in an attempt to initiate sexual activity and that he resisted and rejected her advances. The claimant believes that she attempted to have sex with him in order to later accuse him of rape or that she wanted to kill him and claim that she had acted in self defense because he had raped her. The claimant requests the maximum compensation of $25,000. The Board concludes the claimant has not shown by clear and convincing evidence that he was innocent of the crime for which he was imprisoned and, therefore, the claim is denied.

24. Sarah Laughlin of Ellsworth, Wisconsin claims $492.25 for uninsured medical expenses resulting from an accident at the Sellery Hall dormitory at UW-Madison. The fire extinguisher on the seventh floor hall of the dormitory was broken and a piece of metal was protruding from the case. The claimant fell against the case and seriously cut her hand on the protruding metal. Her medical bills totaled $492.25 and were not covered by health insurance. Health insurance is made available to all UW students prior to enrollment. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.

S424 25. Dov Jelen of Chicago, Illinois claims $703.95 for uninsured medical expenses resulting from an accident at the UW-Madison Art School. The claimant is an art student at the UW. He was helping unload some large sheets of steel for the Art Department when one of the sheets slid loose and cut the claimant's arm. The wound was very severe and accompanied by much loss of blood. The claimant was taken by ambulance to the UW Hospital Emergency Room, where he received treatment. The claimant does not have health insurance. It is not clear whether or not the claimant was specifically instructed to help unload the metal sheets. However, the claimant is part of a group of students who are granted 24 hour access to the art studio. Students with this access are generally expected to help with the maintenance of the studio and to assist whenever necessary with the operation of the studio. It was in this context that the claimant was assisting with the unloading of the sheet metal and was injured. The Board concludes the claim should be paid in the reduced amount of $350.00 based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s. 20.285 (1)(a), 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 25th day of October, 1995.

Timothy Weeden

Senate Finance Committee

Ben Brancel

Assembly Finance Committee

Alan Lee

Representative of the Attorney General

Edward D. Main,

Representative of the Secretary of Administration

Stewart Simonson

Representative of the Governor

State of Wisconsin
Office of the Secretary of State

To the Honorable, the Senate:

Sincerely,
Douglas La follette
Secretary of State

State of Wisconsin

Ethics Board

October 24, 1995

To the Honorable the Senate:

At the direction of s. 13.685(7), Wisconsin Statutes, I am notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers.

Organization's authorization of additional lobbyists:

The following organizations previously registered with the Ethics Board as employers of lobbyists have authorized to act on their behalf these additional licensed lobbyists:

Fire Fighters of Wisconsin, Professional

Strohl, Joseph

PrimeCare Health Plan

Tries, John

RAM Center, Inc.

O'Connor, Alice

Solid Wastes Management Assn, National

Hilbert, Lisa

Organization's termination of lobbyists:

Each of the following organizations previously registered with the Ethics Board as the employer of a lobbyist has withdrawn, on the date indicated, its authorization for the lobbyist identified to act on the organization's behalf.

Manufacturers & Commerce, Wisconsin

Theo, Peter 10/20/95

Milwaukee Brewers Baseball Club

Selig-Prieb, Wendy 10/23/95

Selig, Allan 10/23/95

Prieb, Laurel 10/23/95

Hackett, Richard 10/23/95

Bablitch, Stephen 10/23/95

Jentz, Robert 10/23/95

Klauser, David 10/23/95

Bando, Salvatore 10/23/95

Pharmacists Assn, Wisconsin

Theo, Peter 10/23/95

Also available from the Wisconsin Ethics Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by the organizations that employ lobbyists.

Sincerely,

R. Roth Judd

Executive Director

S425 State of Wisconsin

Ethics Board

October 31, 1995

To the Honorable the Senate:

At the direction of s. 13.685(7), Wisconsin Statutes, I am furnishing you with the name of an organization recently registered with the Ethics Board that employs one or more individuals to affect state legislation or administrative rules, and notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers. For the recently registered organization I have included the organization's description of the general area of legislative or administrative action that it attempts to influence and the name of each licensed lobbyist that the organization has authorized to act on its behalf.

Organization recently registered:

Below is the name of an organization recently registered with the Ethics Board as employing one or more individuals to affect state legislation or administrative rules.

Pupil Services Assn, Wisconsin Federation of

We are concerned about areas that affect the delivery of Pupil Services in the public schools, including budgeting, staffing, curriculum and related areas.

Buckley, James

Organization's authorization of additional lobbyists:

The following organizations previously registered with the Ethics Board as employers of lobbyists have authorized to act on their behalf these additional licensed lobbyists:

CARE CPA

Stenger, Scott

Dental Management Services, Inc

Tries, John

Primary Health Care Assn, Wisconsin

Wall, Mari

Organization's termination of lobbyists:

CARE CPA

Theo, Peter 10/19/95