13. Thomas R. Hubl of Boscobel, Wisconsin claims $389.70 for damage to a fence and porch caused by a falling tree limb. The claimant owns property adjacent to property owned by the Department of Natural Resources. During a wind storm in July 1995, a large limb from an oak tree on the DNR land fell on a building owned by the claimant, damaging the porch. The repair estimate for the damage is $389.70. The claimant has insurance for the damage but has a $250.00 deductible. The claimant believes that the claim should be paid since he would be held responsible if a tree on his property damaged a building on his neighbor's property. 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.
14. Security Health Plan of Marshfield, Wisconsin claims $3,699.94 for subrogation damages related to an accident involving the claimant's insured. On July 25, 1995, the claimant's insured tripped on the concrete pad at the entrance to the rest room area at Interstate Park, sustaining injuries to her hand, face and teeth. Based on its long standing tradition of denying subrogation claims, 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.
15. Mary Lou Dorzok of Tipler, Wisconsin claims $5,811.66 for refund of overpayment of income taxes for 1974. The claimant worked with her parents in the family business, a small chain of service stations. The claimant ran one of the stations and she filed her taxes separately. The claimant and her parents made an error on their income statements when they filed their 1974 federal taxes. The IRS conducted an audit and assessed additional taxes. The Department of Revenue assessed additional taxes against the claimant based on the IRS audit and adjustments. The claimant's father refused to cooperate with the IRS or the DOR and ordered the claimant to do the same. The claimant did not feel she could disobey since he was her father, her landlord, and her supplier. The claimant disputes some of the adjustments made by the IRS, specifically, their estimated profit margin of 3.8 cents per gallon of gasoline. The claimant contends that the IRS never supported this estimate and that her margin was only 1 cent per gallon. She was not able to produce records prior to 1976, to prove the 1 cent profit margin, because the records were lost during her divorce. The DOR intercepted 10 tax refunds between 1980 and 1994. In February 1996, pursuant to a compromise petition, she paid $4,500 to settle her delinquency. The claimant maintains that she only owed $114.02 and therefore overpaid the DOR by $5,811.66. She does not feel it is fair that the DOR can collect 50 times what she really owed and then not refund her the overpayment. 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:
Jan & Jerry Tesch
Tim Kumbalek
Malacological Consultants
Alice Carter
Susan & Lewis Norman
Milwaukee Assoc. of Life Underwriters
James Sarlund
Henry Podgorak
Mike & Susan LeClair
Thomas Hubl
Security Health Plan
Mary Lou Dorzok
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Wanda Bowers $100.00
Bradford's Pianos & Organs $457.50
Theresa Uicker $483.24
Dated at Madison, Wisconsin this 3rd day of June, 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
__________________
State of Wisconsin
Office of the Governor
June 7, 1996
To the Honorable, the Senate:
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The following bill(s), originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Sincerely,
TOMMY G. THOMPSON
Governor
State of Wisconsin
Office of the Governor
June 7, 1996
To the Honorable, the Senate:
I have approved
Senate Bill 563 as
1996 Wisconsin Act 416 and have deposited it in the Office of the Secretary of State. I have exercised my partial veto authority in Section 8.
Senate Bill 563 provides critical resources to manage unanticipated inmate population growth and other budget adjustments which will allow the Department of Corrections (DOC) to fulfill its responsibilities to provide public safety in Wisconsin for the remainder of the 1995-97 biennium.
Section 8 allows DOC to establish a secure work program in which the inmates are assigned to work, while away from the grounds of the institution to which they are assigned and while appropriately restrained for security purposes, on property that is owned, leased or managed by the department. I am partially vetoing this section to remove the restriction on DOC which limits the department's assignment of work crews to work on property that is owned, leased or managed by the department. This language is too restrictive for DOC to make effective use of the work crews. I believe that it is important to demonstrate maximum utilization of the tax dollars spent on corrections.
The department is still required to promulgate rules before implementing a secure work program.
Respectfully,
tommy g. thompson
Governor
State of Wisconsin
Office of the Governor
June 11, 1996
To the Honorable, the Senate:
The following bill(s), originating in the Senate, have been approved, signed and deposited in the office of the Secretary of State:
Sincerely,
TOMMY G. THOMPSON
Governor
executive order #283
Relating to the Transfer to the Department of Administration of Responsibilities for Higher Educational Aid Programs Currently Assigned to the Higher Educational Aids Board and to the Transfer to the Department of Administration of Responsibilities for the Regulation of Proprietary Schools and the Approval of Schools and Courses of Instruction for the Training of Veterans Receiving Assistance from the Federal Government Currently Assigned to the Educational Approval Board and to the Creation of the Higher Educational Aids Council and the Educational Approval Council
WHEREAS, 1995 Wisconsin Act 27 created a cabinet-level Department of Education under the direction and supervision of an Education Commission; and
WHEREAS, 1995 Wisconsin Act 27 repealed the Higher Educational Aids Board and the Educational Approval Board effective July 1, 1996 and transferred the responsibilities assigned to these two boards to the Education Commission and the Department of Education; and
WHEREAS, the Wisconsin Supreme Court in Thompson v. Craney, et al. (1996) held the establishment of the Education Commission and the Department of Education unconstitutional, but did not address the transfer of the responsibilities of the Higher Educational Aids Board and the Educational Approval Board to the Education Commission and the Department of Education; and
WHEREAS, the Wisconsin Supreme Court's decision creates uncertainty regarding responsibilities for distributing higher educational aid grants and regulating proprietary schools after June 30, 1996; and
WHEREAS, action is required to ensure that in state fiscal year 1996-97 students eligible for financial aid receive their grants and proprietary schools are properly regulated;
NOW, THEREFORE, I, TOMMY G. THOMPSON, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the laws of this State of Wisconsin, and specifically by Section
14.019 of the Wisconsin Statutes, DO HEREBY
1. Direct the Secretary of the Department of Administration, effective July 1, 1996, to assume responsibility for programs formerly administered by the Higher Educational Aids Board and the Educational Approval Board;
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2. Establish the Higher Educational Aids Council. The Higher Educational Aids Council shall consist of a chair and such other members as the Governor determines necessary and will, to the extent possible, include members of the current Higher Educational Aids Board. The purpose of the Higher Educational Aids Council will be to advise the Secretary of the Department of Administration on the administration of the financial aid appropriations pursuant to Section
20.235 of the Wisconsin Statutes;
3. Establish the Educational Approval Council. The Educational Approval Council shall consist of a chair and such other members as the Governor determines necessary and will, to the extent possible, include members of the current Educational Approval Board. The purpose of the Educational Approval Council will be to advise the Secretary of the Department of Administration on the administration of responsibilities formerly assigned to the Educational Approval Board pursuant to Section
38.51 of the Wisconsin Statutes.
4. Direct the Secretary of the Department of Administration, pursuant to Section
13.101 of the Wisconsin Statutes, to request that the Joint Committee on Finance create a twelve (12) month unclassified project position to provide staff support to the Higher Educational Aids Council and the Educational Approval Council, effective July 1, 1996;
5. Direct the Secretary of the Department of Administration, pursuant to Section
13.101 of the Wisconsin Statutes, to request that the Joint Committee on Finance transfer the funds and positions associated with the administration of higher educational aids from the Department of Public Instruction to the Department of Administration, effect July 1, 1996;
6. Direct the Secretary of the Department of Administration, pursuant to Section
13.101 of the Wisconsin Statutes, to request that the Joint Committee on Finance transfer the funds and positions associated with the administration of Educational Approval Board responsibilities from the Department of Public Instruction to the Department of Administration, effective July 1, 1996.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the city of Madison this ninth day of June in the year one thousand nine hundred and ninety-six.
TOMMY G. THOMPSON
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
State of Wisconsin
Office of the Governor
June 10, 1996
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Boyle
, Patrick G.,
of Madison, as a member of the Board of Regents of the University of Wisconsin System, to serve for the term ending May 1, 2003.
Sincerely,
TOMMY G. THOMPSON
Governor
Read and referred to committee on Education.
State of Wisconsin
Office of the Governor
June 10, 1996
The Honorable, The Senate:
