12. Wisconsin River Power Company of Wisconsin Rapids, Wisconsin, claims $76,463.00 for reimbursement of fees paid to the Department of Natural Resources from 1990 through 1995. The fees were collected by the Department under s.
23.42, Stats., for costs incurred by the Department for conducting environmental studies of the claimant's hydroelectric power projects. The Department required the claimant to pay the fees and the statute provided no mechanism for protest. Section
23.42, Stats., was declared unconstitutional on January 4, 1996, by US District Court Judge Barbara Crabb and the Department was enjoined from attempting to enforce the statute. The claimant believes the Department of Natural Resources acted beyond its authority when it collected fees pursuant to an unconstitutional statute and that the state was unjustly enriched in the amount of those payments. The claimant requests reimbursement of the moneys it paid to the Department pursuant to s.
23.42, Stats. 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. Wisconsin Valley Improvement Company of Wausau, Wisconsin, claims $78,863.00 for reimbursement of fees paid to the Department of Natural Resources from 1990 through 1995. The fees were collected by the Department under s.
23.42, Stats., for costs incurred by the Department for conducting environmental studies of the claimant's hydroelectric power projects. The Department required the claimant to pay the fees and the statute provided no mechanism for protest. Section
23.42, Stats., was declared unconstitutional on January 4, 1996, by US District Court Judge Barbara Crabb and the Department was enjoined from attempting to enforce the statute. The claimant believes the Department of Natural Resources acted beyond its authority when it collected fees pursuant to an unconstitutional statute and that the state was unjustly enriched in the amount of those payments. The claimant requests reimbursement of the moneys it paid to the Department pursuant to s.
23.42, Stats. 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. Levi Boettcher of Alma, Wisconsin, claims $2,075.00 for the loss of 25 lambs that were killed by coyotes. The lambs are valued at $83 each. The claimant states that the DNR has refused to control the coyotes. The claimant believes that because the DNR has the power to "protect, conserve, and regulate the taking, use, and disposition of wild animals" that the DNR should be held responsible for the damage done by the coyotes. The claimant feels that since the state owns the coyotes, the state should reimburse him for the loss of his lambs. 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. Terry and Buffy Gottowske of Nekoosa, Wisconsin, claim $240.73 for reimbursement of uninsured medical bills related to an incident at Devil's Lake State Park. The claimants' son was bitten by a wild animal while the claimants were camping at the park. The claimants were not able to locate or identify the animal. The claimants' son was treated at the hospital and received a series of rabies shots. Their medical insurance covered all but $240.73. The claimants feel it is only fair for the state to pay the bills, since the incident would not have occurred if they had not been camping at the park. 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.
16. Mark Shepard of Richland Center, Wisconsin, claims $93.60 for replacement and cleaning cost for clothing and a sleeping bag which were damaged while the claimant was camping at Tower Hill State Park, on May 29, 1996. He was unaware that there were picnic tables at the park which had been painted that day. He left his campsite to go for a walk that evening. He laid his sleeping bag on a picnic table so he could look at the stars and he sat down on the table. His sleeping bag, shirt and pants were badly stained by the wet paint on the table. There was no "wet paint" sign on any of the picnic tables. He tried to have the shirt cleaned but the stain would not come out. He requests reimbursement for his cleaning bill, sleeping bag, shirt and pants. The Board concludes the claim should be paid in the amount of $93.60 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Natural Resources appropriation s.
20.370 (1)(mu), Stats.
17. Fen-Tech, Inc., of Superior, Wisconsin, claims $816.00 for reimbursement of overpayment of fees due to incorrect filing of a foreign corporation annual report with the Secretary of State's office. The claimant incorrectly reported 90,000 issued shares of no par value stock, when the correct figure was 8,000 shares. If the claimant had filled out the report correctly, no fee would have been assessed. The claimant requests reimbursement of the $816 fee. 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.
S895
18. The Nitty Gritty Dirt Band of Nashville, Tennessee, claims $3,313.00 for 1993 tax refund withheld due to nonpayment of franchise tax returns. In 1994 the claimants hired a new accounting firm to act as a business manager and prepare tax returns. In January 1995 they received a letter from the Department of Revenue
stating that the claimants' lower withholding request could not be granted since franchise tax returns were not filed for the fiscal years ending 1/31/93 and 1/31/94. The business manager filed the returns for those years and the lower withholding was granted. In May 1995 the claimants received notice of a balance due of $7,081.16. This was the balance after the 1/31/93 tax return had been applied against the total assessment. The business manager contacted the Department of Revenue
regarding the assessment and was told it was due to the claimants not filing returns for FY's 1/31/87 and 1/31/88. The business manager immediately attempted to locate prior IRS returns so that he could prepare the Wisconsin tax returns, however the claimants' former business manager did not have the returns. It took six months to get copies of the returns from the IRS because the original returns had been lost in a fire. The returns were filed in January 1996. The total amount due in refunds for those years was $9,487. The claimants were told that they could not be refunded the money because of the statute of limitations. The claimants understand that the refunds from FY's 1/31/87 and 1/31/88 were denied due to delinquencies. However, they do not believe the 1994 refund should have been used to offset an estimated tax for FY's 1/31/87 and 1/31/88. The Department of Revenue
collected refunds of $6,212 to pay taxes of only $191. The claimants do not believe this is fair or ethical. 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.
19. Tracy Oates of Racine, Wisconsin, claims $5,513.33 for medical bills, lost wages and pain and suffering related to an accident on December 8, 1995, at UW-Milwaukee. The claimant slipped and fell in the stairwell of a parking ramp, dislocating her shoulder. The claimant requests reimbursement for her medical bills which total $2,313.33. She also requests compensation for lost wages. The claimant works out of her home as a hair dresser and was unable to work for about 3 weeks after the accident. She requests $1,200 for lost wages for this period. Finally, the claimant requests payment of $2,000 for her pain and suffering. 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.
20. John Stiefel of Madison, Wisconsin, claims $250.00 for reimbursement of money and property taken when the claimant was robbed at gun point while traveling in New York on business for the Investment Board. The thieves took his wallet ($172 cash, $10 wallet) and watch ($69). The claimant also had to pay $10 for a duplicate key for his lodging and $4 for a duplicate drivers license. His homeowners insurance has a $250 deductible, therefore, only $15 of his $265 loss is covered by his insurance. He requests reimbursement of his insurance deductible, since the incident occurred while he was traveling on state business. The Board concludes the claim should be paid in the amount of $250.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the State of Wisconsin Investment Board appropriation s.
20.536 (1)(k), Stats.
21. Kenneth Vosekuil of Fox Lake, Wisconsin, claims $233.20 for cost of issuing subpoenas and personal time related to a citation the claimant received from the State Patrol. The claimant called a manufacturer to purchase a set of neon perimeter lights for his vehicle. The manufacturer told him to check with state laws to see if the lights were legal in Wisconsin before ordering them. The claimant contacted the local DMV office, the Beaver Dam Police, the Dodge County Police, and the State Patrol, all of whom said that they knew of no law against the lights. A State Patrol officer told the claimant he could have people call the officer for confirmation. Several weeks after he installed the lights, the claimant was pulled over by a Beaver Dam Police officer. The officer checked and found no law under which to cite the claimant so he let him go. Some time later, the claimant was stopped by a State Trooper. He told the officer that he had been informed that the lights were legal. The claimant states that the officer then became angry and told the claimant that he was going to give him as many tickets as he could and went back to the patrol car. The officer later let him go without ticketing him and told him not to run the lights on the highway. The next day the officer called the claimant and told him he was sending him a citation for $85 because the lights were illegal. The claimant contacted the Beaver Dam Police Department and explained the situation. The Beaver Dam Police Department wrote a statement indicating that they had told the claimant that the lights were legal. The claimant's attorney tried to have the citation dismissed to no avail, therefore, subpoenas were issued for Beaver Dam and State Patrol officers. On the day of the trial, after speaking with the subpoenaed officers, the State decided to dismiss the case. Because the case was dismissed before going to trial, the claimant is responsible for the cost of issuing the subpoenas ($183.20). He requests reimbursement of this expense, plus $50 for personal time and out of pocket expenses. The Board concludes the claim should be paid in the reduced amount of $183.20 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Transportation appropriation s.
20.395 (5)(dq), Stats.
22. Tasko Systems, Inc. of Eau Claire, Wisconsin, claims $115,335.00 for damages related to an alleged breach of contract by the Department of Health and Family Services. In July 1993 the Department of Health and Family Services solicited bids for Pre-admission Screenings and Annual Resident Reviews (PASARR). PASARR is required by the federal government to be provided by the state for its participation in the Medical Assistance program and is used to screen nursing home applicants and residents for serious mental illness and developmental disabilities. The Department contracted with the claimant to provide these services. As part of the contract, the Department agreed to pay the claimant within four weeks of the receipt of an invoice. On June 15, 1995, the claimant was notified by the Bureau of Management and Operations that the first year audits of the PASARR program would not be used to determine allowable/reimbursable expenditures under the 1994 and 1995 contract periods. The claimant submitted an invoice for $115,335 for December 1995. On February 9, 1996, the Department of Health and Family Services informed the claimant that this invoice would not be paid due to unresolved audit issues. The claimant requests payment of their December 1995 invoice in the amount of $115,335. The claimants have filed a Notice of Claim with the Attorney General's office under s.
893.80(1), Stats. 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:
John Niglis Lois Brucek
Flambeau Paper Corp. Levi Boettcher
Kimberly-Clark Tissue Co. Terry & Buffy Gottowske
Nekoosa Papers, Inc. Fen-Tech, Inc.
Niagara of Wisconsin Nitty Gritty Dirt Band
Northern States Power Co. Tracy Oates
Weyerhaeuser Paper Co. Tasko Systems, Inc.
Consolidated Water Power Co.
Wisconsin Valley Improvement Co.
Wisconsin Power & Light Co.
Wisconsin Public Service Corp.
Wisconsin River Power Co.
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Mark Shepard $93.60
John Stiefel $250.00
Kenneth Vosekuil $183.20
Dated at Madison, Wisconsin this 11th day of September, 1996.
Brian Burke
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
executive order #298
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Spiro T. Agnew, Former Vice President of the United States
WHEREAS, on September 17, 1996, Spiro T. Agnew died at the age of seventy-seven; and
WHEREAS, Spiro Agnew served as Vice President of the United States from 1969 to 1973; and
WHEREAS, Federal law provides that the flag of the United States shall be flown at half-staff from the day of death until the day of interment for a former vice president of the United States (see 36 USCS s. 175 (m);
NOW, THEREFORE, I, TOMMY G. THOMPSON, Governor of the State of Wisconsin, by the authority vested in me by the Federal and State law, do hereby order that the flag of the United States and the flag of the State of Wisconsin shall be flown at half-staff at all buildings, grounds and military installations of the State of Wisconsin equipped with such flags beginning forthwith until sunset on the day of former Vice President Agnew's interment.
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 eighteenth day of September in the year one thousand nine hundred and ninety-six.
TOMMY G. THOMPSON
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
executive order #299
Relating to the Transfer of the Neurointerventional Angiography Program to the University of Wisconsin Hospitals and Clinics
WHEREAS, nearly all necessary neurointerventional angiography service has been provided to University of Wisconsin Hospitals and Clinics (UWHC) patients by the adjoining Middleton Veterans Administration Hospital (VA Hospital) since UWHC's move to the University of Wisconsin Clinical Science Center in 1979; and
WHEREAS, The University of Wisconsin Hospital and Clinics Authority will re-establish a complete neurointerventional angiography program at the University of Wisconsin Clinical Science Center to provide patient access to necessary new technology and to integrate neuroimaging and neurosurgery programs; and
WHEREAS, part of the program to be re-established includes the need for qualified neuroangiography technologists to be employed by the University of Wisconsin Hospitals and Clinics Board (UWHC Board); and
WHEREAS, there is a shortage of qualified neuroangiography technologists; and
WHEREAS, the individuals working in the neurointerventional angiography program were and continue to be under the direction of Dr. Donald R. Yandow, M.D., a University of Wisconsin Medical School faculty member; and
WHEREAS, the transfer of neurointerventional angiography technologist staff will provide a smooth transition and uninterupted quality patient care;
NOW, THEREFORE, I, TOMMY G. THOMPSON, Governor of the State of Wisconsin, by virtue of the authority vested in me by the Constitution and laws of the State of Wisconsin, and in accordance with Secs.111.93(3), 230.15(1m) and 230.15(2), Wis. Stats., and the contract between the State of Wisconsin and the Wisconsin State Employees Union in Article V, Section 1, do hereby direct that:
All employees of the adjoining Middleton VA Hospital neurointerventional angiography program who the Department of Employment Relations determines are eligible for accretion into the classified service of the State of Wisconsin at the UWHC Board shall be given seniority based on their service with the adjoining MIddleton VA Hospital.
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 twentieth day of September in the year one thousand nine hundred and ninety-six.
TOMMY G. THOMPSON
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
__________________
Relating to Wisconsin sales and use taxes.
Submitted by Department of Revenue.
Report received from Agency, September 19, 1996.
Referred to committee on Economic Development, Housing, Government Operations and Cultural Affairs, September 25, 1996.
Relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the state building code, and fees for plan review.
Submitted by Department of Health and Social Services.
Report received from Agency, September 24, 1996.
Referred to committee on Health, Human Services, Aging and Corrections, September 25, 1996.
__________________
The committee on Agriculture, Transportation, Utilities and Financial Institutions reports and recommends:
Relating to egg grading, handling and labeling.
