george meyer
Secretary
Referred to the committee on Agriculture and Environmental Resources
State of Wisconsin
Office of Justice Assistance
July 28, 1997
The Honorable, The Legislature:
As the Chair of the Governor's Juvenile Justice Commission and Executive Director of the Office of Justice Assistance, we are pleased to submit the attached Progress Report that describes the calendar year 1996 occurrences and activities that were associated with the Commission's administration of Wisconsin's 1994-1996 Juvenile Justice Plan. Highlights include the following:
* Federal Juvenile Justice & Delinquency Prevention Act (JJDPA) subgrants were awarded to more than 20 projects, including non-secure alternatives to detention, early intervention services, serious/violent offender services, and juvenile justice system improvements.
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* The number of secure detention beds statewide increased from 362 to 500 beds. The new detention centers in Milwaukee and Racine Counties, which began operation in 1996, were the primary contributors to this increase.
* Despite the increased number of detention beds, counties throughout Wisconsin, particularly in the northern and western regions, continued to experience difficulty procuring bedspace, especially on Fridays and weekends. This evidences a continuing need for additional beds in those regions.
*The number of out-of-compliance jail detentions continued to remain very low, enabling Wisconsin to maintain compliance with the juvenile jail removal provisions under the federal JJDPA.
* In July 1996, the Governor's Juvenile Justice Commission approved the University of Wisconsin-Milwaukee Study which examined juvenile justice decisionmaking within five counties to determine what factors contributed to the overrepresentation of minority youth within those juvenile justice systems. The results and recommendations from the Study were incorporated into the Commission's action plan for reducing minority overrepresentation.
* Nine local units of government received Title V Delinquency Prevention Act funds to implement programs and services pursuant to local delinquency prevention plans. Also, Challenge Activities Program Grant funds were awarded to implement intensive supervision programs in 6 -10 counties, provide aftercare services for "graduates" of the juvenile bootcamp program, and to develop transitional education programs and mental health services for juveniles returning to their communities after completing correctional placements.
* The Office of Justice Assistance collaborated with other state agencies and technical colleges in organizing and holding five regional focus groups designed to explore problems and needs in the criminal justice, juvenile justice and alcohol/drug abuse prevention systems. One-hundred fifty-eight local practitioners from around the state participated in these focus groups, providing the State with valuable information concerning system needs.
The Commission and Office of Justice Assistance are proud of the accomplishments of numerous local and state juvenile justice and law enforcement agencies, as well as the other parties affiliated with the many community-based planning efforts. We look forward to continuing to provide funding for effective and diverse programs. The Commission will continue its efforts to promote early intervention services for children committing minor offences, address serious and violent offender needs, and meet the demand for secure and nonsecure detention services.
Sincerely,
kathleen m. arthur,chair
Governor's Juvenile Justice Commission
State of Wisconsin
Department of Agriculture, Trade and Consumer Protection
August 27, 1997
The Honorable, The Senate:
1991 Wisconsin Act 273 created section 1.11(2)(j), Wis. Stats., which requires the submittal of an annual report to the chief clerk of each house of the Legislature by September 15 regarding the preparation of environmental assessments and environmental impact statements.
I am submitting the attached reports prepared by the Department of Agriculture, Trade and Consumer Protection for both fiscal year 1996 and fiscal year 1997 to comply with this requirement.
Please contact Buzz Davis of my staff at 224-4593 if there are any questions regarding the report.
Sincerely,
joseph e. tregoning
Acting Secretary
State of Wisconsin
Office of the Commissioner of Insurance
August 22, 1997
The Honorable, The Senate:
I am pleased to submit the 128th Wisconsin Insurance Report (Report). The Report provides information in the operations of both the Wisconsin insurance industry and the Office of the Commissioner of Insurance (OCI).
Numerous accomplishments were achieved over the past year: here are just a few highlights:
* Announced a record-setting settlement with Prudential Insurance Company of America for improper sales and marketing practices in the life insurance industry:
* Expanded OCI's urban outreach project to include:
* A summer intern project
* Providing training to consumer groups in cooperation with the Community Insurance Information Center
* Conducting urban outreach meetings with insurers and community groups
* Developed quarterly financial statement summaries and enhanced the financial information of health maintenance organizations (HMOs) available on OCI's Web site on the Internet;
* Implemented amendments to administrative rules on allowing the sale of tax-qualified long-term care insurance policies sold in Wisconsin, permitting investments for town mutual insurers; creating a network of providers for the Health Insurance Risk-Sharing Plan; adopting supplemental risk-based capital and surplus requirements; and establishing fees for the Patients Compensation Fund;
* Implemented a health plan performance measures demonstration projection.
I hope this information is useful to you and your constituents. If you have any questions or comments about the material, do not hesitate to contact me.
Sincerely,
josephine W. Musser
Commissioner of Insurance
State of Wisconsin
Ethics Board
September 2, 1997
To the Honorable the Senate:
At the direction of s.
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.
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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:
Education Assn Council, Wisconsin
Krahn, Don
Fair Competition, Wisconsin Coalition for
Wiley, Lawrence A
Termination of lobbying authorizations:
The following individuals are no longer authorized to lobby on behalf of the organizations listed below, as of the dates indicated.
Philip Morris Incorporated
Czerwinski, Joseph 8/29/97
Sicula, Paul 8/29/97
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.
Sincerely,
R. Roth Judd
Executive Director
State of Wisconsin
Claims Board
September 3, 1997
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on August 14, 1997.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s.
16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
Edward D. Main
Secretary
STATE OF WISCONSIN
CLAIMS BOARD
The State Claims Board conducted hearings at the State Capitol Building, Madison, Wisconsin on August 14, 1997, upon the following claims:
In addition, the following claims were considered and decided without hearings:
In addition, the following claim, previously presented at hearing, was considered and decided:
The Board Finds:
1. Amy Keller of Horicon, Wisconsin, claims $25,612.13 for uninsured medical bills and pain and suffering incurred as a result of an accident at Wisconsin State Fair Park. On August 26, 1995, while the claimant was attending the Wisconsin Quarter Horse State Show, she tripped on an unevenly laid rubber mat, broke her ankle and injured her back. Her medical bills totaled $2,101.80 of which her insurance paid $1,489.67, leaving an uninsured balance of $612.13. The claimant also requests $25,000.00 for her pain and suffering. Wisconsin State Fair Park recommends payment of the claimant's uninsured medical expenses. The Board concludes the claim should be paid in the reduced amount of $612.13 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., that payment should be made from the Wisconsin State Fair Park appropriation s.
20.190 (1)(h), Stats.
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2. Todd and Susan Schram of Hartford, Wisconsin, claim $36,920.77 for attorney fees, tuition, travel expenses and other expenses related to the expulsion of their son, Chad, from Hartford Union High School. In October 1995 Chad, along with three other students, was involved in a drug-related incident during school hours. Chad had no prior problems at school. The school board held an expulsion hearing and voted to permanently expel Chad from school. None of the other students involved in the incident were permanently expelled. The claimants appealed the expulsion to the State Superintendent of Schools, however, the expulsion was upheld. Because recent changes in state law allow schools to refuse admittance to students expelled from other districts, the claimants were not able to find another public school that would accept Chad. After pursuing a number of other alternatives, such as technical college and correspondence courses, the claimants eventually found a private school that would accept their son. The claimants feel strongly that there should be a more uniform system for determining the length of a student's expulsion in order to ensure fairness. They feel that the school board acted in an arbitrary and capricious manner in denying their son the right to a public education based on one stupid mistake. The claimants believe the Department of Public Instruction is responsible for their damages because it governs the state educational system and has final jurisdiction for all educational concerns. The claimants request reimbursement for their expenses related to appealing the expulsion and finding another school. The Department of Public Instruction recommends this claim be denied in its entirety. The Department is sympathetic to the claimants' situation and the hardships they have faced because of the permanent expulsion of their son, however, the Department does not have the authority to reverse the school board's decision. If there is an unfairness or inequity here, it is a matter of public policy the legislature may choose to address. 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.
3. Eureka Dam Campsite, Inc., by its owners Norma and Earl Edinger of Omro, Wisconsin, claims $22,400.00 for removal and replacement of dead trees allegedly killed by herbicide sprayed by the Department of Natural Resources. The claimants' property borders property owned by the Department and there is a state owned fence dividing the properties. In August 1991 the Department sprayed "Spike" herbicide along the fence to kill weeds and brush growing along the fence line. The claimants allege that the herbicide drifted and/or was washed onto their land, killing a large number of trees. The claimants believe the Department did not take proper precautions when applying the herbicide. They request reimbursement for 31 trees of various types, which they believe were killed as a result of the Department's actions. The Department recommends payment of this claim in the reduced amount of $3300. The Department believes that some of the trees on the claimants' property were affected by the herbicide, however, it does not agree that the entire extent of the tree mortality was caused by the herbicide. The Board concludes the claim should be paid in the reduced amount of $3,300.00 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.
4. Cori Brantner of Eau Claire, Wisconsin, claims $833.50 for medical bills incurred as a result of an automobile accident. The claimant's daughter was a passenger in a vehicle that was struck by a state owned vehicle driven by an employe of the Department of Justice. The daughter suffered neck injuries that required medical treatment. The claimant corresponded with the State Risk Management office, however, she mistakenly did not return her Notice of Claim by certified mail and her claim was denied. She requests reimbursement of the $833.50 of uninsured medical bills she incurred due to this accident. The Department of Justice recommends payment of this claim based on equitable principles. The Department agrees that the accident occurred and is satisfied that the charges submitted are reasonable. The Board concludes the claim should be paid in the amount of $833.50 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., that payment should be made from the Department of Justice appropriation s.
20.455 (2)(a), Stats. (Member Lee not participating).
5. Harvey Hallgren of Beach Park, Illinois, claims $100.00 for boat damage incurred on July 1, 1995, in Sturgeon Bay. The claimant's boat was tied at the boat launch in a posted "No Wake" zone. A boat operated by a Department of Natural Resources warden sped by, causing a 3-4 foot wake. The wake caused the claimant's boat to slam into the pier several times, damaging to the boat. The claimant later spoke with the warden about the incident. The warden stated that he did not see the claimant's boat until it was "too late." The claimant understands that the Department was responding to an emergency, however, he feels that they acted recklessly by speeding into a "no wake" zone without even looking to see if there were other boats around. He has insurance coverage for the damage and requests reimbursement of his $100 deductible. The Department believes that the claimant was without fault in the situation and that he should be compensated, based on equitable principles, for his uninsured damages. The Board concludes the claim should be paid in the amount $100.00 of based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., that payment should be made from the Department of Natural Resources appropriation s.
20.370 (1)(mu), Stats.
