April 28, 2023
The Honorable, the Senate:
Pursuant to Wisconsin State Statute, I am making the following appointment. The appointment of the minority member is based on the nomination from Minority Leader Senator Agard. Please do not hesitate to contact my office with any questions.
Historical Society of Wisconsin Board of Curators
Senator Melissa Agard
Please do not hesitate to contact my office with any questions.
Sincerely,
DEVIN LEMAHIEU
Majority Leader
_____________
State of Wisconsin
Office of the Senate Majority Leader
April 28, 2023
The Honorable, the Senate:
Pursuant to Wisconsin State Statute, I am making the following appointment. The appointment of the minority member is based on the nomination from Minority Leader Senator Agard. Please do not hesitate to contact my office with any questions.
Migrant Labor Council
Senator Bob Wirch
Please do not hesitate to contact my office with any questions.
Sincerely,
DEVIN LEMAHIEU
Majority Leader
_____________
State of Wisconsin
Office of the Senate Majority Leader
April 28, 2023
The Honorable, the Senate:
Pursuant to Wisconsin State Statute, I am making the following appointment. The appointment of the minority member is based on the nomination from Minority Leader Senator Agard. Please do not hesitate to contact my office with any questions.
Council on Military and State Relations
Senator Bob Wirch
Please do not hesitate to contact my office with any questions.
Sincerely,
DEVIN LEMAHIEU
Majority Leader
_____________
State of Wisconsin
Office of the Senate Majority Leader
April 28, 2023
The Honorable, the Senate:
Pursuant to Wisconsin State Statute, I am making the following appointment. The appointment of the minority member is based on the nomination from Minority Leader Senator Agard. Please do not hesitate to contact my office with any questions.
Council on Tourism
Senator Jeff Smith
Please do not hesitate to contact my office with any questions.
Sincerely,
DEVIN LEMAHIEU
Majority Leader
_____________
State of Wisconsin
Office of the Senate Majority Leader
April 28, 2023
The Honorable, the Senate:
Pursuant to Wisconsin State Statute, I am making the following appointment. The appointment of the minority member is based on the nomination from Minority Leader Senator Agard. Please do not hesitate to contact my office with any questions.
Commission on Uniform State Laws
Senator Kelda Roys
Please do not hesitate to contact my office with any questions.
Sincerely,
DEVIN LEMAHIEU
Majority Leader
_____________
State of Wisconsin
Claims Board
April 28, 2023
Attached is the report of the State Claims Board covering the claims considered at the April 6, 2023 meeting of the Board.
This report is for the information of the Legislature, The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
ANNE L. HANSON
Secretary
STATE OF WISCONSIN CLAIMS BOARD
On April 6, 2023, the State of Wisconsin Claims Board met in the State Capitol Building and via Zoom videoconference to consider the following claims:
Hearings were conducted for the following claims:
Claimant Agency Amount
11.
Stephen Brasch Natural Resources $1,510.56 22.
Vonaire Washington Innocent $150,000,000.00 Convict
Compensation
The following claims were decided without hearings:
Claimant Agency Amount
33.
George Vukotich University of $300,000.00 Wisconsin
44.
Rodac, LLC University of $705,025.00 Wisconsin
55.
Jacquese Harrell, Sr. Corrections $1,750.43 66.
Phil Keller Corrections $110.86 With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
1. Stephen Brasch of Dousman, Wisconsin claims $1,510.56 for damage caused by a tree that fell from DNR property. During a snow event on March 23, 2022, a tree limb originating from the Wolf River State Fishery Area (Pearson, WI) fell onto an overhead power line, causing an electrical service pole on adjacent property owned by Brasch to fall and cut power. The electrical service poll was approximately 40 years old and owned by Brasch, who was unaware or any other damage or rot to the pole itself. Brasch contends he was without power until May 27, 2022, and incurred costs from WPS and an electrician to repair damage. After contacting several electricians, Brasch, was unable to locate a company to install a new private pole as that was no longer the norm. It was recommended he have a new underground service installed, which he did. Prior to the March 2022 incident, a “major catastrophic storm” passed through the Pearson area on July 19, 2019, resulting in widespread tree damage. After the July 2019 storm, DNR had its property logged and salvaged but left some trees along the property line, which Brasch believes exposed surviving pines (including the subject tree) to increased weather elements. Brasch holds that DNR was negligent in how it left its property after the July 2019 logging operation, which contributed to the March 2022 damage. Brasch contends that he notified DNR of the subject tree when he signed a boundary cutting line agreement in 2019 and left a handwritten note stating, “please take tall aspens right up to the garage.”
DNR contends it is not liable for the damage and recommends the claim be denied. Liability for tree falls depends on whether a tree owner was negligent in causing the tree to fall onto a neighboring property, or whether the owner was aware of an unacceptable risk (i.e., nuisance) and failed to exercise due care. DNR uses best management practices to identify trees that constitute a nuisance. A tree is a nuisance when it becomes a “menace to the safety of others” through decay, structural changes, changes to surroundings, etc. Upon notification to the owner of a nuisance tree, the owner becomes responsible for resulting injuries. DNR holds that Brasch never provided notice that the subject tree was a nuisance. In July 2019, DNR hired a logging company to perform logging and salvaging activity, wherein it set out to remove trees known or suspected to be a nuisance – specifically, any pine that was down, root spring or leaning more than 30 degrees, or otherwise had 50% or more crown damage or split and broken crotches. The subject tree was within the salvage operation boundary and evaluated by the logging company. It was healthy; it had green needles and no obvious signs of decay and, therefore, was not removed. Brasch’s note in 2019 refers to aspens, however, the subject tree is a white pine. DNR further indicates that after being notified of the damage in March 2022, it responded to Brasch’s property and found the limb had already been removed by WPS. DNR staff was notified by WPS that the pole that supported the electrical line had evidence of rot. While it is unknown what role, if any, the condition of the pole played in this incident, it is possible that the limb fall would not have been sufficient on its own to cause the full extent of the damage. Again, because there was no notice, DNR had no duty of care. DNR holds that it was not negligent and is not liable under Wisconsin law.
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 neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles. [Members Finkelmeyer, Dallman, and Wimberger dissenting.]
2. Vonaire Washington. The Board’s conclusion for Mr. Washington’s claim for innocent convict compensation will be issued in a separate decision.
