9. Mareen Reeson $372.32
10. Bill Resop $107.06
11. Carlton P. Severson $58.03
12. John L. Syftestad $83.52
13. Kenneth Wittenwyler $21.00
14. Robert & Alice Yaeger $126.22
15. Douglas W. Brown of Sun Prairie, Wisconsin claims $171.33 for vehicle damage allegedly caused by a lawnmower at the University of Wisconsin. The claimant's vehicle was backed into a stall in lot 59 on the UW campus. When he returned to his vehicle, the claimant noticed a scratch on one end of his rear bumper. He contacted the UW grounds department and spoke with Tom Hamburg, who allegedly admitted that the damage could have been caused by a UW lawnmower. However, when the claimant submitted his claim to UW Risk Management, Mr. Hamburg would not support his previous statement in writing. The claimant has paid for the repairs but has not submitted a claim to his insurer. The claimant has insurance coverage for the damage, minus a $50 deductible. The University of Wisconsin recommends this claim be denied. There is no evidence to support the claimant's contention that a lawnmower caused the damage to his vehicle. There is nothing in the record to suggest that any lawn mower touched the claimant's car, and thus there is no basis for concluding that there was negligence on the part of a state employe. 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. Amy Freed of Madison, Wisconsin claims $62.25 for repair of a retinoscope. The claimant's retinoscope was accidentally knocked off a table by a proctor during a Department of Regulation & Licensing optometry licensing exam. The Department of Regulation & Licensing concurs with the facts as presented by the claimant and recommends payment of this claim. 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 the Department of Regulation & Licensing appropriation s.
20.165 (1)(i), Stats.
17. Glacier State Distribution Services, Inc., of Brodhead, Wisconsin claims $31,010.00 for damages related to bids for road salt contracts with the Department of Transportation. The claimant transports its salt by rail in covered cars and stores the salt indoors. Most salt producers transport their salt by barge and do not store it indoors, which, according to the claimant, results in the salt being contaminated by water and dirt. Therefore, the claimant contends that its product is superior in quality to that supplied by water based transportation. The claimant claims that the Department of Transportation is being unjustly enriched by paying the same price for both the claimant's superior product and that of water based suppliers. The claimant believes that section
16.75 (1m), Stats., which directs the Department to use life cycle costing, requires the Department to pay a premium for superior quality salt. The claimant further states that the Department did pay a premium of $.50/ton for higher quality salt in its 1994-95 contracts. The claimant requests payment of this premium for their 1995-96 road salt contracts in the amount of $5,850. The claimant also claims that the Department failed to award it the Taylor County road salt contract, despite the fact that the claimant was the lowest responsive bidder. The claimant claims $4,520 in lost profits from the Taylor County contract. The claimant's lost revenues total $10,370 and the claimant requests trebel damages along with costs and attorneys fees pursuant to Chapter
133 of the Wisconsin Statutes. The Department of Transportation recommends denial of this claim. In its 1994-95 contracts, the Department did offer a premium for indoor storage of salt in order to encourage vendors to use indoor storage, not because of life cycle costing. The Department has chosen not to offer this premium on subsequent bids because no reliable data exists to support the value of storing salt as provided pursuant to the premium. Furthermore, section
16.75 (1m), Stats., states that life cycle cost estimates are required whenever such action is appropriate. The Department had no information indicating that life cycle cost estimates are appropriate for the acquisition of salt and therefore did not apply them to the 1995-96 road salt contracts. Finally, the claimant was not awarded the Taylor County contract because the bid required 100% storage of the salt by December 31. The claimant's bid only provided 80% of the salt in storage by December 31. This was unacceptable to the Department because of the risks associated with not having adequate salt supplies on hand when needed. 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. (Members Main and Lee not participating.)
S492
18. Kelly Lang of Roscoe, Illinois claims $1,627.44 for damages related to a title error. In July 1996, the claimant purchased a 1985 Buick Regal from Robert Passow. The purchase price was $1400 and the vehicle title indicated actual mileage of 68,349. Approximately six months later, the vehicle completely broke down and the claimant was told by a mechanic that the engine, which probably had several hundred thousand miles on it, had worn out. The claimant did a title search and discovered that there was actually in excess of 200,000 miles on the vehicle. When a Wisconsin title was issued on April 11, 1992, it was mistakenly issued as "actual miles" when it should have been recorded as "in excess" of 100,000 miles. The claimant contacted the former owners and discovered that they were not aware of the title error. The claimant states that she would not have purchased the vehicle, had she known the actual mileage. The claimant has incurred damages other than the loss of the purchase price. She spent roughly $300 on new tires and small repairs shortly after purchasing the vehicle. It cost $91.80 for a rental car, $34.04 for gas, and $101.60 for a diagnosis when the car broke down. The claimant was able to sell the vehicle for $300. She requests reimbursement of her remaining expenses, since the error was made by a Department of Transportation employe, and was not fault of either the claimant or the previous owner. The Department of Transportation recommends payment of this claim in the amount of $1,327.44. The Department does find negligence on the part of a state employe for not correctly processing the title. The Department recommends payment of $1,327.44. This amount represents the purchase price, the vehicle rental fee and gas, and the engine diagnostic work, minus the $300 the claimant was able to sell the vehicle for. The Board concludes the claim should be paid in the reduced amount of $1,327.44 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 fund, unappropriated revenue.
19. William Medina of Florence, Colorado claims $50.00 for reimbursement of a money order allegedly stolen by personnel at the Waupun Correctional Institution. The claimant alleges that he received the money order from an acquaintance. WCI refused to deposit the funds in his account or send him the money order when he was transferred to another institution. He believes the Department of Corrections does not have the authority to keep the money order from him and requests $50 reimbursement. The Department of Corrections recommends this claim be denied. The money order in question was from an inmate named Robert Ciarpaglini and was made out to the order of a Daniel Furseth. The money order had then been modified to show it as coming from Mr. Furseth to the order of the claimant, another WCI inmate. Section
DOC 303.40, Wis. Adm. Code prohibits unauthorized transfer of money between inmates. Because of this rule and concerns about the alterations on the face of the money order, the WCI business office declined to deposit the money in the claimant's account and instead re-deposited it in the account of Mr. Ciarpaglini. If Mr. Ciarpaglini wishes to send another draft to the claimant, nothing is stopping him from doing so. WCI staff acted appropriately and there is no merit to this claim. 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. Veronica Miller of Las Vegas, Nevada claims $1,354.64 for uninsured medical bills allegedly incurred due to an accident at State Fair Park on August 5, 1996. The claimant states that she broke her wrist and ankle when she stepped on a hump that was part of a storm sewer. She states that her ankle twisted into the drain and she fell, landing on her wrist. She requests reimbursement for her uninsured medical expenses. Wisconsin State Fair Park recommends this claim be denied. State Fair Park has no evidence or reports that indicate the claim should be paid. 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.
21. Jack P. Peters of Horicon, Wisconsin claims $20.05 for replacement of a damaged boat light. The claimant's rear boat light was broken when a Department of Natural Resources warden bumped her boat into the back of the claimant's boat. The claimant did not realize there was a 120 day deadline for filing with State Risk Management and is requesting reimbursement of the cost to replace the damaged light. The Department of Natural Resources recommends the claim be paid. 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 the Department of Natural Resources appropriation s.
20.370 (3)(mu), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
Scott Air Charter
Mark and Barbara Lucius
Douglas W. Brown
Glacier State Distribution Services, Inc.
William Medina
Veronica Miller
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats:
Russell L. Gray $450.00
Ronald J. Anderson $155.40
Candi Boley $300.00
Warren Burger $90.40
Bonnie Gerner $280.59
Gary and Carol Larsen $265.71
Mareen Reeson $372.32
Bill Resop $107.06
Carlton P. Severson $58.03
John L. Syftestad $83.52
Kenneth Wittenwyler $21.00
Robert and Alice Yaeger $126.22
Amy Freed $62.25
Kelly Lang $1,327.44
Jack P. Peters $20.05
Dated at Madison, Wisconsin this 4 th day of March 1998.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Brian Burke
Senate Finance Committee
Stewart Simonson
Representative of the Governor
State of Wisconsin
Joint Legislative Council
March 5, 1998
The Honorable, The Senate:
I am pleased to transmit to you the following report to the 1997 Legislature on legislation introduced bythe Joint Legislative Council:
RL 97-8 Legislation on Recodification of Fish and Game Laws (1997 Assembly Bill 864)
I would appreciate your including this letter in the Journal for thein formation of the membership. Additional copies of this report are available at the Legislative Council Staff offices, One East Main, Suite 401, or from our web page at
www.legis.state.wi.us/lc/jlcrecs.html.
Sincerely,
David J. Stute
Director
S493
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
__________________
Relating to long-term care insurance.
Submitted by Department of Employe Trust Funds.
Report received from Agency, March 9, 1998.
Referred to committee on Labor, Transportation and Financial Institutions, March 10, 1998
.
Relating to kennel license fees.
Submitted by Department of Administration.
Report received from Agency, March 5, 1998.
Referred to committee on Economic Development, Housing and Government Operations, March 10, 1998
.
Relating to the physician and health care provider loan assistance programs.
Submitted by Department of Commerce.
Report received from Agency, March 9, 1998.
Referred to committee on Health, Human Services, Aging, Corrections, Veterans and Military Affairs,
March 10, 1998 .
__________________
The committee on Economic Development, Housing and Government Operations reports and recommends:
Relating to funding emergency grants under the community development block grant program.
No action taken.
Gwendolynne Moore
Chairperson
__________________
Senator Risser, with unanimous consent, asked that the Senate adjourn until Thursday, March 12 at 10:00 A.M..
Adjourned.
