S337
15.
Milwaukee Police Association claims $4,500 for recovery of a forfeiture imposed by the Ethics Board. The claimant, a lobbying principal, forfeited $4,500 for making a campaign contribution of the same amount, through a Political Action Committee, outside a "window period" established by the Ethics Board. The Ethics Board imposed this forfeiture based on an opinion that a PAC, which is established by a principal, may only contribute to a candidate during a "window period" between June 1 and the date of the general election. On February 23, 1994, Dane County Circuit Court struck down the Ethics Board ruling with regards to the "window period" campaign contributions, holding that the PAC was not barred from making a contribution outside the "window period" because the PAC does not come within the definition of either "lobbyist" or "principal" and therefore is not subject to restrictions imposed on lobbyists or principals. The claimant's situation is the same as that in the referenced case, therefore, the claimant requests return of the forfeiture imposed by the Ethics Board. The Ethics Board recommends denial of this claim. The claimant voluntarily paid the forfeiture in connection with its acceptance of the Board's settlement offer and the claimant's acceptance of the Settlement Agreement. As a result, the Ethics Board did not conduct an investigation of the matter or proceed to a hearing to make factual determinations. The claimant had every opportunity to allow a full investigation of the matter and to present its legal and factual arguments to an independent hearing examiner. It could have sought review of any adverse decision of the Circuit Court and raised the same legal issues as in the above referenced case. It chose not to do so and instead, now seeks to substitute the Claims Board as its preferred forum. 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. (Member Lee not participating.)
16. Annie Daniel of Racine, Wisconsin claims $5,000 for attorney's fees incurred when the claimant was charged with abuse of a resident by the Racine County District Attorney. The Claimant is employed at Southern Wisconsin Center and was accused of striking a resident while on duty on October 9, 1992. She contracted with legal counsel for a flat fee of $5,000 to defend her against the charge. The case was dismissed after a preliminary hearing on the grounds that the allegations were not plausible. The Racine County DA and the Department of Health & Family Services recommend denial of this claim. Under s.
775.11, Stats., the claimant is entitled to compensation only if she is found not guilty. The Board concludes the claim should be paid in the reduced amount of $3,500 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Claims Board appropriation s.
20.505 (4) (d), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
William Deppen
Gary Heinrichs
Cleansoils Wisconsin, Inc.
Terrence P. Bauer
Central Wisconsin Inspection Services
Paul B. Cogswell
Bank of Homewood
Vera J. Cross
Gerald H. Herbst, Jr.
Thomas C. Smith
Milwaukee Police Association
2.Payment of the following amounts to the following claimants is justified under s.
16.007, Stats:
Lulloff's Used Cars $5,000.00
Robert E. Wilkes $2,100.00
Gloria S. Martell $100.00
InterCon Construction, Inc. $4,000.00
Annie Daniel $3,500.00
Dated at Madison, Wisconsin this _30_th day of October 1997.
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
__________________
By Charles Sanders, chief clerk.
Mr. President:
I am directed to inform you that the Assembly has passed and asks concurrence in:
Assembly Bill 93
Assembly Bill 118
Assembly Bill 167
Assembly Bill 273
Assembly Bill 340
Assembly Bill 342
Assembly Bill 392
Assembly Bill 419
Assembly Bill 455
Assembly Bill 502
__________________
Assembly Bill
93
Relating to: abuse of vulnerable adults and providing penalties.
By Representatives Krusick, Ainsworth, Black, Bock, Carpenter, Dobyns, Freese, Gunderson, Hahn, Hasenohrl, Kelso, Kreuser, Ladwig, La Fave, J. Lehman, Meyer, Musser, Notestein, Olsen, Ott, Ourada, Plale, R. Potter, Powers, Riley, Ryba, Seratti, Springer, Steinbrink, Turner, Walker and Wasserman; cosponsored by Senators Buettner, Drzewiecki, Farrow, Huelsman, Plache, Rosenzweig and Wirch.
Read first time and referred to committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
Relating to: qualified domestic relations orders under the Wisconsin retirement system.
By Representatives R. Young, Baldwin, Boyle, Gronemus, La Fave, Notestein, Robson and Turner; cosponsored by Senators Grobschmidt, Buettner and Adelman.
Read first time and referred to committee on Economic Development, Housing and Government Operations.
Assembly Bill
167
Relating to: changing the name of a minor.
By Representatives Foti, Ladwig, Handrick, Riley, Duff, Dobyns, Goetsch, Gronemus, Williams, Hutchison, Lorge, Musser, M. Lehman, Cullen, Hahn and Ward; cosponsored by Senators Buettner, Farrow, Welch, Panzer and Rosenzweig.
Read first time and referred to committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
Assembly Bill
273
Relating to: the regulation of dental hygienists, creating a dental hygienists affiliated credentialing board, granting rule-making authority and providing penalties.
By Representatives Powers, Robson, Zukowski, Hanson, Kreibich, Turner, Hahn, Musser, Bock, Vander Loop, Notestein, Olsen, Johnsrud, Kaufert and J. Lehman; cosponsored by Senators Clausing, Zien, Plache and Risser.
Read first time and referred to committee on Health, Human Services, Aging, Corrections, Veterans and Military Affairs.
Assembly Bill
340
Relating to: exempting certain vehicles that are used primarily off a highway from vehicle registration
By Representatives Ainsworth, Albers, Gard, Goetsch, Grothman, Hahn, Musser, Nass, Olsen, Ott, Owens, Powers, Seratti, Sykora, Ward and Skindrud; cosponsored by Senators A. Lasee and Zien.
Read first time and referred to committee on Labor, Transportation and Financial Institutions.
Assembly Bill
342
Relating to: rights of victims of crime, granting rule-making authority and providing a penalty.
By Representatives Krug, Green, Rutkowski, Duff, R. Potter, Schneider, Brandemuehl, Baumgart, Dobyns, Black, Freese, Boyle, Hahn, Carpenter, Harsdorf, Coggs, Seratti, Hanson, Sykora, Hasenohrl, Underheim, Ryba, Walker, Springer, Travis, Huebsch, Turner, Vander Loop, Hutchison, Wasserman, Kelso, L. Young, Ladwig, Ziegelbauer, F. Lasee, Hebl, Lazich, Huber, J. Lehman, Kreuser, M. Lehman, La Fave, Lorge, Meyer, Musser, Morris-Tatum, Olsen, Notestein, Plale, Ourada, Plouff, Porter, Riley, Robson, Albers and Bock; cosponsored by Senators Moore, Huelsman, Adelman, Plache, Welch, C. Potter, Wirch, Rosenzweig, Moen, Grobschmidt and Drzewiecki, by request of Attorney General James Doyle; Crime Victims Council; Wisconsin Coalition Against Sexual Assault; Parents of Murdered Children; Mothers Against Drunk Driving; Wisconsin Chiefs of Police Association; Wisconsin Victim/Witness Professionals Association; Coalition of Wisconsin Aging Groups; Wisconsin Merchants Federation; AFSCME, Locals 3021 and 3394 (Correctional Officers).
Read first time and referred to committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
Assembly Bill
392
Relating to: the farm mediation and arbitration program, eliminating the farm mediation and arbitration board, the farmer assistance program, exit from and entry into the dairy industry, granting rule-making authority and making an appropriation.
By Representatives Ott, Otte, Brandemuehl, Sykora, Ward, Hahn, Ainsworth, Powers and Owens; cosponsored by Senator Roessler
.
Read first time and referred to committee on Agriculture and Environmental Resources.
Assembly Bill
419
Relating to: motor vehicle pursuit by law enforcement officers, training of law enforcement officers, requiring the exercise of rule-making authority and providing a penalty.
By Representatives Hanson, Goetsch, Musser, Travis, R. Potter, Cullen, Notestein, R. Young, Ziegelbauer, Murat, Hutchison, Lazich, Olsen, Freese, Nass, Robson, Plouff, Skindrud, M. Lehman, Baldwin, Albers, Owens, Wasserman, Krusick, Hasenohrl, Bock, Gronemus, Staskunas and Walker; cosponsored by Senators Adelman, Huelsman, Drzewiecki, Rude, Roessler, Clausing, Farrow, Risser, Plache, Grobschmidt and Zien.
Read first time and referred to committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
Assembly Bill
455
Relating to: the making of restitution by a juvenile.
By Representatives Goetsch, Ladwig, Dobyns, Ziegelbauer, Olsen, Musser, Turner, Hahn, Freese, La Fave, Powers, Green, Walker, Owens, Vrakas, Gunderson, Otte, Ainsworth, Sykora, Hasenohrl, Staskunas, Springer and Seratti; cosponsored by Senators Drzewiecki, C. Potter, Huelsman, Welch, Darling, Roessler, Schultz, Weeden and Rosenzweig.
Read first time and referred to committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
Assembly Bill
502
Relating to: regulation of grain dealers and grain warehouse keepers.
By Representatives Sykora, Ott, Gronemus, Springer and Zukowski; cosponsored by Senators Shibilski, Zien and Welch.
Read first time and referred to committee on Agriculture and Environmental Resources.
__________________
Senate Joint Resolution 32
