S224
The DOT recommends denial of this claim. The DOT states that this road project was extremely difficult and complicated to conduct under traffic. The DOT states that the primary objective of this project was to increase the safety and flow of traffic. The DOT points to the fact that, despite the size and scope of the project, the claimant admits that drive by traffic remained at 50% to 65% of the normal volume. The DOT maintained access to the claimant's business throughout the entire project. The DOT believes that traffic interruptions and inconveniences, while unfortunate, are a part of every highway reconstruction project in the State. The DOT states that it makes every effort to keep the roads open to as much traffic as possible while balancing the safety of the public with the goals of the project. It is neither the practice nor the policy of the DOT to subsidize businesses during construction projects. The DOT points to the fact that the improvements made by this project will increase the volume of drive by traffic in the future and provide better access to the claimant's business, potentially increasing his sales in the future.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees 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.
11. Barbara Hill of Oregon, Wisconsin claims $500.00 for automobile damage caused when claimant's vehicle was used for work related purposes. The claimant is a supervisor at UW-Madison. In September 2000, the claimant's department had a large shipment of packages that needed to be sent out according to a previously published schedule. Arrangements had been made to deliver supplies for the shipment to Delta Storage to prepare the packages. The claimant called UW Fleet several weeks before the shipment date to arrange for a van to transport the materials to Delta Storage, however, no vehicle was available. The claimant's personal van was large enough to transport the materials and staff. The staff member chosen to drive the claimant's vehicle had a good driving record and had been previously cleared by UW Risk Management to drive Fleet vehicles. The claimant states that while the driver was backing into a darkened loading dock area at Delta, he failed to notice a black truck parked in the area and backed into it. Damage to both vehicles was minor. The repair estimate for the claimant's van is over $600 and the claimant's deductible is $500.
The UW System recommends payment of this claim. The claimant was forced to use her vehicle because no state vehicles were available. Ordinarily, employees who use their own vehicles on state business assume the responsibility for all repairs associated with that use. In this case, however, the UW believes there is an equitable basis for payment, since the claimant did not have access to a state vehicle and was making every effort to meet a work-related deadline.
The Board concludes the claim should be paid in the amount of $500.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the University of Wisconsin appropriation s.
20.285(1)(i), Stats.
12. Lebanon Athletic Association of Watertown, Wisconsin claims $1,478.79 plus interest for refund of overpayment of sales taxes. The claimant states that the treasurer of his organization made an error when filing sales tax returns in 1997. The treasurer mistakenly paid taxes on both taxable income from sales and non-taxable income from donations that had been made to the claimant's organization. The claimant states that the DOR never informed them of any delinquency but that the DOR instead contacted the local town board, who revoked the claimant's liquor license, which forced them temporarily out of business. The claimant states that a new treasurer found the error in 1999 but that the DOR would not refund the money. The claimant believes that the overpayment, which was made in error, should be returned to his organization.
The DOR recommends denial of this claim. The claimant's sales and use quarterly tax return for June 30, 1997, was not timely filed and DOR issued an assessment in September 1997. DOR records indicate that this assessment was paid in November 1997. The DOR states that it received the missing quarterly sales tax return in October 1999. The claimant requested refund of a portion of the amount previously paid on the estimated assessment. The DOR states that it denied refund of the overpayment pursuant to s.
77.58 (4)(b), Stats. The DOR states that, based on the information provided by the claimant, it appeared that the tax was not being refunded to a customer and the request was not received until more than two years after the notice of assessment was issued.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees 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.
The Board concludes:
1. The claims of the following claimants should be denied:
Lois A. Endres
Arthur Polk
Jack & Margot Raz
Julie & Ken Ganske
Lynette Henderson
JT Roofing, Inc.
Danette M. Sebastian
Ray Wilkinson Buick Cadillac, Inc.
Lebanon Athletic Association
2.
Payment of the following amounts to the following claimants is justified under s.
16.007, Stats:
Angelika Johnson $2,000.00
David J. Beranek $648.77
Barbara M. Hill $500.00
Dated at Madison, Wisconsin this __7__ day of June 2001.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Chad Taylor
Representative of the Governor
__________________
Relating to uniform dwelling code inspection agencies.
Submitted by Department of Commerce.
Report received from Agency, June 11, 2001.
Referred to committee on Universities, Housing, and Government Operations, June 12, 2001
.
Relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Submitted by Department of Regulation and Licensing.
Report received from Agency, June 8, 2001.
Referred to committee on Health, Utilities, Veterans and Military Affairs, June 12, 2001
.
Relating to the USMLE examination.
Submitted by Department of Regulation and Licensing.
Report received from Agency, June 8, 2001.
Referred to committee on Health, Utilities, Veterans and Military Affairs, June 12, 2001
.
Senator Risser, with unanimous consent, asked that the Senate adjourn until Thursday, June 14 at 10:00 A.M..
Adjourned.
10:01 A.M.
__________________
Senate amendment 1 to Senate Bill 168 offered by Senator Cowles.
Senate amendment 2 to Senate Bill 168 offered by Senator Cowles.
Senate amendment 3 to Senate Bill 168 offered by Senator Cowles.
