8. Robert J. Wuilleumier of Madison, Wisconsin, claims $81.24 for damage to his boat motor incurred at Governor Nelson State Park on September 4, 1994. The claimant was loading his boat onto a trailer when the motor hit the bottom of a shallow area and was damaged. Due to the bloom in the water, it was not possible to see the shallow depth of the water. Maps of the area show the water depth to be 5 feet. The claimant measured the depth after the accident and found the depth to be 3 feet up to the half-way point of the pier but less than 2 feet from the half-way point to the end of the 30 foot pier. The claimant also discovered that the bottom of this shallow area is very rocky, creating an additional hazard. He feels there should have been shallow water warnings posted. He also believes that a reasonable person would not expect the water depth to decrease toward the end of a 30 foot pier. The claimant does not feel that this water depth is safe for a pier of this size and believes the DNR should have posted warnings. 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.
9. Farmers Savings Bank of Mineral Point, Wisconsin, claims $1,830.00 for overpayment of Wisconsin Consumer Act Notification Fees. The bank incorrectly reported commercial loans and consumer loans that carried an interest rate of less than 12% and, therefore, over reported the dollar amount of their consumer credit transactions. This error was made on seven reports from 1986-1992, resulting in a total overpayment of $1,830.00 in fees. The claimant requests reimbursement of these overpayments. The Board concludes the claim should be paid based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from Office of the Commissioner of Banking appropriation s.
20.124(1)(g), Stats.
10. Luxury Fabrics, Inc. of Grand Rapids, Michigan, claims $216.24 for the cost of repairing a vehicle which was damaged on April 25, 1995. The claimant's car was parked in the Fairfield Inn parking lot in Madison. Three state employes driving a fleet vehicle parked next to the claimant's vehicle. The claimant states that when the state employes exited their vehicle, their left rear door banged into his vehicle, denting the door and nicking the paint. The claimant requests reimbursement for the cost of repairing the vehicle. The claimant has a $250.00 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 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.
S668
11. Elizabeth Martin of Pine River, Wisconsin, claims $317.25 for reimbursement of uninsured medical expenses related to an accident at the DOT Berlin Armory field office on April 11, 1995. The claimant was entering the building when the wind caught the door, which was very heavy. The door blew shut, trapping her foot and knocking her down. The claimant's foot was broken. She feels that the DOT should provide a safe place for all of its clients and that another entrance to the building should be used, rather than one with no landing and a heavy door subjected to the weather. She requests reimbursement of her uninsured medical costs. 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.
12. David D. Wulf of Harshaw, Wisconsin, claims $416.94 for damage to his vehicle. The claimant is employed at the McNaughton Correctional Center in Tomahawk, WI. On December 23, 1994, his vehicle, which was parked in the Center parking lot, was scratched by an unknown person. The scratch is approximately 6 feet long and 1/2 inch wide and is located on the driver's side of the truck box. The claimant is certain that the scratch was not there before he came to work, because he stopped to get gas before work and the gas cap is on the driver's side. The claimant believes the car was vandalized because he parked in the parking slot marked for the social worker. 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. Terrance O. Harvey of Fox Lake, Wisconsin, claims $64,950.00 for damages related to the extension of his probation. The claimant's 2 year probationary period ended at midnight on April 18, 1990. On April 23, 1990, an order was signed by a Rock county Circuit Court judge extending the probation for an additional year, due to an alleged probation violation. As a result, the claimant was incarcerated from October 1, 1990, until January 6, 1992. The claimant requests payment of $150 per day he was incarcerated (433 days) for a total claim of $64,950.00. 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.
The Board concludes:
1. The claims of the following claimants should be denied:
Wesley A. Akers
Richard J. Trgovec
Gerald Blunt
Robert Hinderman
Robert Wuilleumier
Luxury Fabrics, Inc.
Elizabeth Martin
David D. Wulf
Terrance O. Harvey
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Ray K. Miller, Jr. $500.00
Anne Paolini $185.00
Farmers Savings Bank $1,830.00
The Board recommends:
1. Payment of $775,000.00 be made to the City of Superior for refund of taxes paid to the State.
Dated at Madison, Wisconsin this 1st day of March, 1996.
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
__________________
Relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components.
Submitted by Department of Public Instruction.
Report received from Agency, March 13, 1996.
Referred to committee on Education and Financial Institutions, March 14, 1996
.
Relating to 1996-97 premium rates for the health insurance risk-sharing plan.
Submitted by Office of the Commissioner of Insurance.
Report received from Agency, March 13, 1996.
Referred to committee on Insurance,
March 14, 1996
.
__________________
By Charles Sanders, chief clerk.
Mr. President:
I am directed to inform you that the Assembly has passed and asks concurrence in:
Assembly Bill 705
Concurred in:
Senate Bill 340
Amended and concurred in as amended:
Senate Bill 119
Assembly amendment 1
__________________
Assembly Bill
705
Relating to: contracting authority of the group insurance board for the administration of group insurance plans.
By Representatives F. Lasee, Urban, Ainsworth, Brandemuehl, Ziegelbauer, Green, Schneiders, Goetsch, Grothman, Wirch, R. Young, Lazich, Ott and Hanson
.
Read first time and referred to committee on Insurance.
__________________
Senator Rude, with unanimous consent, asked that the Senate adjourn until Tuesday, March 19 at 10:00 A.M..
Adjourned.
10:01 A.M.
__________________
Senate Enrolled Proposals
The Chief Clerk records:
Senate Bill 373
Senate Bill 408
Senate Bill 466
Report correctly enrolled on March 14, 1996.
