12. Robert G. Wojcik, Sr., of Green Bay, Wisconsin, claims $285.00 for replacement of a watch lost due to the negligence of a Wisconsin State Trooper. On September 18, 1996, the claimant was arrested for operating a vehicle while intoxicated. The arresting trooper instructed the claimant to remove his watch and place it on the hood of the patrol car so that the trooper could handcuff him. The trooper apparently forgot to remove the claimant's watch from the hood of the car when he left the scene. The claimant alleges that his watch was a Rolex and that the damaged Timex later retrieved from the scene of the arrest is not his watch. He states that he received the watch as a gift and therefore does not have a receipt to show the original purchase price. The department recommends denial of this claim based on the fact that the claimant's watch, which was later recovered, was a Timex worth approximately $30. 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. Antion Delarosa of Plymouth, Wisconsin, claims $63.96 for money allegedly stolen from the his inmate account at Kettle Moraine Correctional Institution (KMCI). The claimant was transferred from one unit to another on July 23. On July 25, KMCI staff handed out the inmates canteen statements, however, the claimant's statement was missing. On August 1 the claimant received his monthly transaction statement showing $63.96 in canteen purchases which he allegedly did not make. The claimant believes someone stole his canteen statement and forged his signature to make the purchases. He requests reimbursement for the amount of the purchases. The department recommends denial of this claim due to the fact that the signature on the canteen statement appears to be the claimant's. Furthermore, the department is not responsible for property loss or damage caused by another inmate. 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.
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14. Terry Holloway of Oregon, Wisconsin, claims $ 309.20 for property allegedly lost when the he was transferred from the John Burke Correctional Center to Fox Lake Correctional Institution. The claimant requests reimbursement for the following items: 1 pair Nike tennis shoes ($150), 7 cassette tapes ($70), 1 T-shirt ($12), 1 photo album ($10), 60 family photographs ($60), and 1 leather key chain ($7.20). The department recommends denial of this claim. Department staff packed the claimant's belongings before transfer and the property inventory indicates that he received his property. Any items the claimant did not receive were most likely loaned to other inmates in violation of policy. 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. Joyce M. Uhren of Hawkins, Wisconsin, claims $50.00 for vehicle damage related to the attempted theft of the claimant's vehicle from the parking lot at Flambeau Correctional Center where the claimant is employed. The vehicle's rear window was broken and the steering column and ignition damaged by an inmate attempting to steal the vehicle. The claimant requests reimbursement of her $50 insurance deductible. The department recommends payment of the claim. The Board concludes the claim should be paid in the amount of $50 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Corrections appropriation s.
20.410 (1)(a), Stats.
16. Raymond Collins of Waupun, Wisconsin, claims $1,743.00 for property allegedly lost by Department of Corrections personnel. The claimant is an inmate at Waupun Correctional Institution (WCI). He alleges that he had 14 bags of property stored in the property room at WCI and that the property was "stolen, sabotaged and missing" when he went to retrieve it. He also claims that all of his receipts for his property were in the bags and are therefore also missing. He believes the officers in charge of the property room destroyed his property because they are racist and that they also falsified his property inventory forms. The department recommends denial of this claim based on the fact that the property inventory documents indicate that the claimant had considerably less than 14 bags of property. The claimant routinely refuses to sign property inventory documents and then claims the documents are incorrect. 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.
17. Tammy M. Leinen of Tigerton, Wisconsin, claims $360.47 for medical bills incurred due to an accident at Rib Mountain State Park. On October 5, 1996, the claimant was walking on the asphalt pathway leading from the park's observation tower, when her foot slipped off the edge of the path, twisting her ankle and causing her to fall. A bystander went to the concession stand and brought back some ice. The claimant waited for assistance, however, after 45 minutes no park personnel had arrived so the claimant's mother went to the concession stand and again requested assistance. Because the claimant was in pain, they decided not to wait for park staff, but instead carried the claimant to the car and drove back down the mountain. They passed a park vehicle on the way down but were unable to get the ranger's attention. The claimant suffered a torn ligament in her ankle and had to wear a brace for 3 weeks. She believes the edge of the asphalt pathway should have been back-filled instead of dropping off sharply. The claimant does not have insurance coverage for her medical bills. The department recommends denial of this claim based on s.
895.52, Stats., which provides that the state has no liability to persons engaged in recreational activities in state parks in the absence of a malicious act or failure to warn against known unsafe conditions. 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.
18. Michael A. Stach of Big Bend, Wisconsin, claims $4,121.00 for overpayment of income taxes for the years 1989 and 1990. When the claimant received the assessment for the delinquent taxes he paid the full amount and then had his accountant file the returns. The claimant's accountant assured him that the returns would be filed in time for the claimant to request a refund of any overpayments, however, the accounting firm failed to file the returns within that time period because the accountant working on the returns went on maternity leave. The claimant requests reimbursement of the overpayment of his income taxes. The department recommends denial of this claim. The returns were not filed until more than four years after the assessment date. S.
71.75 (5), Stats., prohibits the department from refunding the overpayment since no refund was claimed within two years of the assessment date. 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. Clyde H. Lockard of Columbiana, Ohio, claims $396.19 for uninsured medical bills, broken glasses and damaged trousers. The claimant was visiting Circus World Museum when he tripped and fell. The claimant's face hit the pavement, breaking his glasses and injuring his cheek. The claimant's trousers were also torn. He requests reimbursement for his uninsured medical bills and other damages. Circus World Museum recommends denial of 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. The Claims Board originally heard and denied the claim of Robert and Suzanne Saletra on December 4, 1997. The claimants now petition the Board for another hearing of their $10,426.14 claim for reimbursement of overpayment of delinquent taxes. The Board concludes the petition for rehearing should be denied.
The Board concludes:
1. The claims of the following claimants should be denied:
Irene Brown Robert G. Wojcik, Sr.
Violet Thompson Antion Delarosa
Ralph & Caroline Kobb Terry Holloway
Jerome L. Teeters Raymond Collins
Kenosha County Tammy M. Leinen
Waushara County Michael A. Stach
Bradley Copeland Clyde H. Lockard
Sarah Gallow-Czarnecki Robert & Suzanne Saletra
Matthew Steffens
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Jennifer Sargent $220.00
Joyce M. Uhren $50.00
Sandra & Brian Swanson $1,000.00
Dated at Madison, Wisconsin this 29th day of April, 1997.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Stewart Simonson
Representative of the Governor
Department of regulation and Licensing
April 30, 1997
The Honorable, The Senate:
In accordance with WSS 961.36(3) enclosed please find the 1995-1996 Controlled Substances Board Annual Report.
It is hoped that the Senate will find this report useful.
Sincerely,
Patrick D. Braatz
Administrator
Division of Health Professionals and Services Licensing
State of Wisconsin
Department of Administration
April 30, 1997
The Honorable, The Legislature:
This report is transmitted as required by sec. 20.002(11)(f) of the Wisconsin Statutes, (for distribution to the appropriate standing committees under sec. 13.172(3) Stats.), and confirms that the Department of Administration has found it necessary to exercise the "temporary reallocation of balances" authority provided by this section in order to meet payment responsibilities and cover resulting negative balances during the month of March, 1997.
On March 20, 1997 the Wisconsin Health Education Loan Repayment Fund balance was -$1 thousand. This shortfall increased to -$2 thousand on March 31, 1997 and continued through the end of the month. This shortfall was due to the timing of revenues.
On March 19, 1997 the Wisconsin Petroleum Inspection Fund balance was -$2.06 million. This shortfall continued until March 25, 1997 when the balance reached $6.40 million. This shortfall was due to the timing of revenues.
On March 1, 1997 the Information Technology Investment Fund balance was -$550 thousand. This shortfall continued until March 6, 1997 when the balance reached $154 thousand. This shortfall was due to the timing of revenues.
The Wisconsin Health Education Loan Repayment, Wisconsin Petroleum Inspection and Information Technology Investment Fund shortfalls were not in excess of the $400 million ceiling and did not exceed the balances of the Funds available for interfund borrowing. This shortfall was due to the timing of revenues.
The distribution of interest earnings to investment pool participants is based on the average daily balance in the pool and each fund's share. Therefore, the monthly calculation by the State Controller's Office will automatically reflect the use of these temporary reallocations of balance authority.
Sincerely,
Mark D. Bugher
Secretary
Referred to joint committee on Finance.
State of Wisconsin
Ethics Board
May 5, 1997
To the Honorable the Senate:
At the direction of §
13.685(7),
Wisconsin Statutes, I am furnishing you with the names of organizations recently registered with the Ethics Board that employ 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 each 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.
Organizations recently registered:
Below are the names of organizations recently registered with the Ethics Board as employing one or more individuals to affect state legislation or administrative rules.
Harnischfeger Industries Inc.
Subject(s): Legislation affecting manufacturers; mining law issues, tax laws and regulations; environmental laws and regulations; laws and regulations relating to employment issues.
Lundgren, K Thor
Memorial Life Insurance Company, American
Subject(s): Rule-making related to the implementation of Senate Bill 535, which was recently signed into law.
Klauser, David
Kuehn, Ronald W
Peltz Group Inc., The
Subject(s): All matters affecting solid waste management and recycling industry, including environmental, tax and general business matters.
Fassbender, Robert I
Osborne, Patrick
Organization's authorization of additional lobbyists:
The following organizations previously registered with the Ethics Board have authorized to act on their behalf these additional licensed lobbyists:
Cooperatives, Wisconsin Federation of
Arts, James L
Head Start Assn., Wisconsin
Hilbert, Lisa
Jentz, Robert
Lung Assn. of Wisconsin Inc., American
Radtke, Randall
Midwest Express Airlines Inc.
Bright, Michael
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.
