Ayes, 5 - Senators
Breske, Grobschmidt, Baumgart, A. Lasee and Schultz.
Noes, 0 - None.
Roger Breske
Chairperson
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The committee on
Labor and Agriculture reports and recommends:
Senate Bill 232
Relating to: authorizing the department of workforce development to order a person who discriminates in promotion, compensation, or in terms, conditions, or privileges of employment on the basis of sex, race, color, national origin, or ancestry to pay compensatory and punitive damages and an assessment, directing the secretary of workforce development to appoint a committee to study wage disparities between men and women and between minority group members and nonminority group members, and making an appropriation.
Passage.
Ayes, 3 - Senators
Hansen, Decker and Baumgart.
Noes, 2 - Senators
A. Lasee and Harsdorf.
Senate Bill 276
Relating to: various changes in the unemployment insurance law, appointment of temporary reserve appeal tribunals, requiring the exercise of rule-making authority, and making an appropriation.
Passage.
Ayes, 5 - Senators
Hansen, Decker, Baumgart, A. Lasee and Harsdorf.
Noes, 0 - None.
David Hansen
Chairperson
__________________
State of Wisconsin
Department of Administration
October 15, 2001
The Honorable, The Legislature:
This report presents statements of fund condition and operations (budgetary basis) of the State of Wisconsin for the fiscal year ended June 30, 2001. This satisfies the requirements of sec. 16.40(3), Wisconsin Statutes. Displayed are major sources of revenues and major categories of expenditures for the General Fund and other funds compared to the prior year.
The General Fund has an undesignated balance of $207.5 million as of the end of the fiscal year. This is $58.4 million higher than the $149.1 million estimate that was projected in the final Chapter
20 fund condition statement. In addition, this reflects only minor variations from the gross ending balance of $197.8 million estimate for fiscal year 2001 by the Legislative Fiscal Bureau in its summary of
2001 Act 16.
General-purpose revenue taxes were $10.063 billion compare to $10.946 billion in the prior year, a decrease of $883 million or 8.1 percent. This decrease is the result of reductions in income tax rates and other changes to state tax laws made in
1999 Wisconsin Act 9. General-purpose revenue expenditures, excluding fund transfers, were $11.078 billion compared to $11.270 billion in the prior year, a decrease of $192 million or 1.7 percent. This reduction reflects the one-time sales tax rebate distributed in fiscal year 2000. If the rebate is excluded, fiscal year 2001 spending increased by $506.9 million or 4.8 percent.
General-purpose revenue spending increases in fiscal year 2001 were largely driven by increases in three areas: School Aids increased by $239.9 million, Corrections increased by $94.1 million, and UW System increased by $93.2 million.
In fiscal year 2001, the State of Wisconsin continued to devote the major share of state tax collections to assistance to local school districts, municipalities and counties. Local assistance accounted for 60.3 percent of total general purpose revenue spending. Aid payments to individuals and organizations represented 16.1 percent of total general purpose revenue expenditures. The University of Wisconsin accounted for 9.4 percent of total general purpose revenue spending and state operations spending for all other state agencies accounted for 14.2 percent of the total.
The State of Wisconsin expects to publish its comprehensive annual financial report in December 2001. The report will be prepared under generally accepted accounting principles.
Sincerely,
George Lightbourn
Secretary
State of Wisconsin
Department of Administration
October 8, 2001
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 September 2001.
On September 17, 2001 the General Fund balance was -$99.7 million. The following day, September 18, 2001 the General Fund balance reached a positive $83.9 million. The shortfall was due to the difference in the timing of revenues and expenditures and the delay in issuing the 2001 Operating Note.
The General Fund shortfall was not in excess of the statutory interfund borrowing limitation and did not exceed the balances of the Funds available for interfund borrowing.
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,
George Lightbourn
Secretary
Referred to the joint committee on Finance.
State of Wisconsin
Department of Public Instruction
October 16, 2001
The Honorable, The Legislature:
Enclosed is a copy of "The 1999-2000 Inter-District Public School Open Enrollment Program: A Report to the Governor and the Legislature," as required by sec. 118.51 (15)(c), Wis. Stats. The report is submitted to you as required by sec. 13.172 (3), Wis. Stats.
Sincerely,
Elizabeth Burmaster
State Superintendent
Referred to committee on Education.
State of Wisconsin
Claims Board
October 11, 2001
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on September 21, 2001.
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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,
John E. Rothschild
Secretary
STATE OF WISCONSIN CLAIMS BOARD
The State Claims Board conducted hearings in the State Capitol, Grand Army of the Republic Memorial Hall, Madison, Wisconsin, on September 21, 2001, upon the following claims:
Claimant Agency Amount
In addition, the following claims were considered and decided without hearings:
Claimant Agency Amount
7. Richard W.Hennecke Employe $5,000.00
Trust Funds
8. Ronald P. Bristol Administration $250.00
9. Amy Merrill Corrections $100.00
10. Randall & Cindy Jaskot Revenue $303.49
11. PACE Local 7-0765 Revenue $5,326.51
12. Kenneth C. Ketterer Revenue $7,487.20
The Board Finds:
1. Jerome Schmidt of Brookfield, Wisconsin claims $7,072.20 for property damage allegedly incurred during the Highway 33 construction project in West Bend in 1997. The claimant states that in July 1999 the floor drain in his building backed up and he began to experience drainage problems. The claimant believes that these problems are caused by damage to the sewer lateral leading from his building. The claimant states that he hired plumbers to excavate the sewer lateral and found that the pipe was damaged under the sidewalk, which had been installed as part of the construction project. The claimant also states that, prior to the project, his sewer lateral was attached to the old storm sewer but that the lateral was not reconnected after the project was complete. The claimant states that, according to a letter from the City of West Bend, a new storm sewer main was installed but the sanitary sewer main was not affected, contrary to the assertion by DOT that a new sanitary sewer main was installed. The claimant alleges that there is no evidence that any damage to the building lateral was caused by his excavator as DOT alleges. He states that the lateral was excavated north of the sidewalk, that the damage to the lateral was underneath the sidewalk, and that there was no damage to the lateral in the area of excavation. He provides affidavits from four individuals who were present during the excavation to support these assertions. The claimant points to the fact that DOT's own records show that the contractor apparently damaged the sewer lateral while installing a new water lateral nearby and that they supposedly repaired the damage. The claimant has received no documentation from DOT regarding the exact nature of this damage or the alleged repairs. The claimant states that, contrary to DOT's assertion, he never received a letter regarding the construction project and points to the fact that DOT has been unable to produce any documentation of the letter that was allegedly sent. The claimant believes that DOT's contractor damaged the sewer lateral, failed to repair the damage and did not connect the claimant's lateral to the new storm sewer as they should have. He requests reimbursement of $3,472.20 for his expenses to determine the cause of the drainage problems and $3,600.00 for the estimated costs of repairing the lateral and properly connecting it to the storm sewer.
DOT recommends denial of this claim. DOT does not believe that the sidewalk or parking lot construction associated with the highway project would have affected the claimant's sewer lateral in any way, since it was located approximately 5' below the surface. DOT does not have any evidence to support the claimant's assertion that, prior to the construction project, his sewer lateral was connected to the old storm sewer main. DOT states that the construction project involved the installation of a new sanitary sewer main. DOT further states that, because the purpose of the claimant's sewer lateral is to dispose of "gray water", it falls under the City of West Bend's policy, which states that sewer laterals are the responsibility of the property owner and must be connected to the sanitary sewer main. DOT also alleges that there is evidence that the contractor hired by the claimant damaged the lateral during the excavation. DOT states that its records show that the project contractor did damage the claimant's sewer lateral during installation of the nearby water lateral but that the damage was repaired. DOT states that it sent a letter to all property owners in the project area requesting that they identify any private utilities that might be affected by the construction and that the claimant did not reply. However, DOT could not produce a copy of the letter and states that it would have been hand delivered to the building rather than sent to the address of the owner of the building.
The Board concludes the claim should be paid in the reduced amount of $3,472.20 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 (3)(cq), Stats.
2. Check Cashing Corporation of Racine, Wisconsin claims $9,983.78 for damages related to the cashing of a SSI benefit check. On August 31, 2000, Frances M. Jones presented a SSI benefit check in the amount of $9,983.78 at the claimant business. The claimant cashed the check and was informed on September 9th by its bank that the state had put a stop payment on the check, effective September 6th, and that the check would not be honored. The claimant contacted DHFS and was told by the SSI department that the check was issued for the wrong amount and that Ms. Jones was only due a much smaller benefit of approximately $5300. SSI also stated that Ms. Jones knew that the check was an error and that she was not supposed to cash it. The claimant contacted the Racine Police Department and took steps to pursue charges against Ms. Jones, however, the DA's office felt that there was not sufficient proof of intent to commit a crime and Ms. Jones was not charged. The claimant believes that it is an innocent third party and that it should not pay for the state's error. The claimant believes that it should at least be immediately reimbursed for the amount of SSI benefits legitimately owed to Ms. Jones.
