LRB-3385/1
JTK:skg:km
1995 - 1996 LEGISLATURE
April 19, 1995 - Introduced by Senator Leean, cosponsored by Representative
Brancel. Referred to Committee on Finance.
SB147,1,2 1An Act relating to: the expenditure of $3,500 from the general fund for payment
2of a claim against the state made by Annie Joyce Daniel.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $3,500 from the general fund in payment of a
claim made by Annie Joyce Daniel against the state. The claimant is an employe of
the department of health and social services at the southern center for the
developmentally disabled. The claimant was charged with a violation of s. 940.29 (4),
stats., relating to neglect, abuse and ill treatment of persons in mental health
facilities, as a result of an incident which occurred on October 9, 1992, in which the
claimant was accused of striking a resident while on duty. On January 8, 1993, the
circuit court for Racine county dismissed the charge upon finding, after a
preliminary hearing, that there was no probable cause to believe that the claimant
had committed the alleged offense. The claimant claimed attorney fees in the
amount of $5,000, which she incurred based upon a flat fee agreement with her
attorney.
Under s. 775,11, stats., the claims board is directed to allow reasonable attorney
fees and costs incurred by a state employe who is charged with a violation of s. 940.29,
stats., and found not guilty. Because, in the instant case, the charges did not proceed
to trial, that statute does not apply. On January 31, 1994, the claims board
recommended that payment be made in the amount of $3,500 based on equitable
principles. See 1993 Senate Journal, p. 681.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB147, s. 1
1Section 1. Claim against the state. There is directed to be expended from the
2appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts of
31993 and 1995, $3,500 in payment of a claim against the state made by Annie Joyce
4Daniel, Racine, Wisconsin, to compensate her in part for attorney fees incurred in the
5defense of a charge filed under section 940.29 (4) of the statutes, which was dismissed
6after a preliminary hearing. Acceptance of this payment releases this state, its
7officers, employes and agents from any further claim resulting from the incident
8which gave rise to the filing of this charge.
SB147,2,99 (End)
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