Read and referred:
Senate Joint Resolution 21
Relating to: urging the Wisconsin congressional delegation to work to enact legislation that would remove social security numbers from hunting and fishing license applications.
By
Senators
Erpenbach, Baumgart, Breske, Cowles, Darling, Decker, Farrow, George, Hansen, Huelsman, Schultz, Shibilski, Wirch and Zien; cosponsored by Representatives Balow, Albers, Berceau, Boyle, Gronemus, Grothman, Gunderson, Hebl, Hubler, Johnsrud, Kreuser, Krug, F. Lasee, Meyerhofer, Petrowski, Pettis, Plale, Plouff, Pocan, Powers, Reynolds, Schneider, Sherman, Shilling, Skindrud, Sinicki, Staskunas, Stone, Sykora and Young.
To committee on Privacy, Electronic Commerce and Financial Institutions.
__________________
Read first time and referred:
Senate Bill 51
Relating to: requiring certain cemetery authorities to provide for burials during each season.
By
Senators
Moen, M. Meyer, Schultz and Plache; cosponsored by Representatives Montgomery, Ryba, Underheim, Huebsch, Ladwig and Starzyk.
To committee on Human Services and Aging.
Senate Bill 52
Relating to: contracts with persons who take depositions.
By
Senators
George, Burke, Darling, Schultz and Rosenzweig; cosponsored by Representatives Walker, Balow, Sykora, Huber, Wade, Ryba, Pettis, Townsend, Albers, Powers, Stone, J. Lehman, Hundertmark, Colon, Huebsch, Olsen and Staskunas.
To committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.
__________________
State of Wisconsin
February 13, 2001
The Honorable, The Senate:
Pursuant to Senate Rule
20(2)(a), I have appointed Senator Sheila Harsdorf to the Wisconsin Environmental Education Board.
With regard to members of the minority party, the appointment is based on the nomination of that caucus.
Sincerely,
Chuck Chvala
Chair, Committee on Senate Organization
State of Wisconsin
Department of Administration
February 5, 2001
The Honorable, The Legislature:
Included with this correspondence, I am submitting the report of the Department of Administration, Division of Gaming (Gaming), for the second quarter of fiscal year 2001 (October 1, 2000 through December 31, 2000). As required by s.562.02(1)(g), Wis. Stats., the attached materials contain pari-mutuel wagering and racing statistical information, as well as the revenues for the program areas of Racing, Charitable Gaming and Indian Gaming. Please note that Bingo revenues are now captured in a new appropriation (836) and therefore are shown on a separate chart from the rest of Charitable Gaming.
If you have any questions or comments regarding this report, please do not hesitate to contact Richard Pedersen at (608) 270-2546.
Sincerely,
F. Scott Scepaniak
Administrator
State of Wisconsin
Claims Board
February 13, 2001
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on January 26, 2001.
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.
Edward D. Main
Secretary
The State Claims Board conducted hearings in the State Capitol, Grand Army of the Republic Memorial Hall, Madison, Wisconsin, on January 26, 2001, upon the following claims:
Claimant Agency Amount
In addition, the following claims were considered and decided without hearings:
Claimant Agency Amount
In addition, the following claim, which was considered at a previous meeting, was considered and decided without hearing:
Claimant Agency Amount
The Board Finds:
1. Braeger Chevrolet of Milwaukee, WI claims $2,700.00 for damages allegedly related to an incorrect WI vehicle title. The claimant acquired a 1993 GMC Suburban as a trade in vehicle for $12,000. The claimant then sold that vehicle at a wholesale auction and received $11,700 for the vehicle, after fees. The wholesaler who purchased the vehicle ran a check and discovered that the vehicle had a previous IL title marked as salvage. The claimant had to buy back the vehicle and get a proper WI title with salvage indicated. The claimant was then only able to sell the vehicle for $9,000, incurring a loss of $2,700.
The DOT recommends payment of this claim. Miguel Estrada purchased the 1993 GMC on 6/16/98, with an IL salvage title. Mr. Estrada subsequently applied for a WI title and did not note on his application that the vehicle should be titled as salvage. However, the DOT states that the title processor should have noticed the salvage brand on the IL title and carried it forward to the WI title. The DOT believes that Pennie Wix, the DOT employee who processed the title, was negligent for not carrying forward the salvage brand.
The Board concludes the claim should be paid in the amount of $2,700.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Transportation appropriation s.
20.395 (5)(cq), Stats.
2. H. Joseph Slater of Lake City, MN claims $4,607.12 for income tax refunds for the years 1992, 1994 and 1995, which were withheld by the DOR to satisfy assessments for the years 1977-1985. The claimant states that he late filed his 1977-1985 returns in 1995. The claimant has a copy of a certified mail receipt dated 11/26/95 for 12 pages sent to E. Munson at the DOR. The claimant also has a copy of the signed, certified mail return receipt, showing that the returns were received by the DOR and a letter from E. Munson at the DOR dated several days after receipt of the certified mail, stating "(w)e have received your late filed 1977 through 1988 Wisconsin income tax returns." Despite this acknowledgement, the DOR withheld the claimant's 1992, 1994 and 1995 income tax returns to satisfy allegedly delinquent assessments for the years 1977-1985. The claimant states that he contacted the DOR and offered them the above evidence that he had indeed filed the returns in question. The claimant states that in March 2000, he received a letter from the DOR stating that the returns had never been received and that E. Munson "inadvertently listed having received late filed returns for tax years 1977 through 1988 when, in fact he meant 1986 through 1992." The claimant believes that this statement, issued by another auditor five years after Mr. Munson clearly stated he had received the returns, has no credible basis in fact.
DOR records show that the claimant has not filed 1977-1981 income tax returns. The DOR alleges that the claimant was incorrectly informed by E. Munson that DOR had received the 1977-1981 returns. The DOR states that it informed the claimant of the error in its March 2000 letter and that his refunds were held to satisfy the delinquent assessments for these years. DOR states that it has also issued an estimated assessment for 1996 that is now delinquent.
Based on additional DOR testimony at hearing, the Board concludes the claim should be paid in the reduced amount of $1,702.50 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Revenue appropriation s.
20.566 (1)(a), Stats.
