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LEVONIAN, PETER, of Madison, as a Genetic Counselor on the Genetic Counselors Affiliated Credentialing Board, to serve for the term ending July 1, 2027.
hist173331Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
MCNEIL, LISA, of Sussex, as a Massage/Bodywork Therapist Representative on the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board, to serve for the term ending July 1, 2027.
hist173335Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
MULLANE, MICHAEL PATRICK, of Milwaukee, as a Medicine and Surgery Representative on the Genetic Counselors Affiliated Credentialing Board, to serve for the term ending July 1, 2024.
hist173337Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
MURIELLO, MICHAEL J., of Brookfield, as a Medicine and Surgery Representative on the Genetic Counselors Affiliated Credentialing Board, to serve for the term ending July 1, 2023.
hist173339Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
MURIELLO, DR. MICHAEL, of Brookfield, as a Medicine and Surgery Representative on the Genetic Counselors Affiliated Credentialing Board, to serve for the term ending July 1, 2027.
hist173341Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
NOVAK, LAURA, of Madison, as a Massage/Bodywork Therapist Representative on the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board, to serve for the term ending July 1, 2027.
hist173343Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
PABST, REBECCA L., of La Crosse, as a Genetic Counselor on the Genetic Counselors Affiliated Credentialing Board, to serve for the term ending July 1, 2025.
hist173345Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
PALARSKI, VALERIE A., of Aniwa, as a Public Member on the Board on Aging and Long Term Care, to serve for the term ending May 1, 2026.
hist173347Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
PAZAK, KATHLEEN, of Deerfield, as a Speech/Language Pathologist Representative on the Hearing and Speech Examining Board, to serve for the term ending July 1, 2027.
hist173349Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
PORTER, EDWARD, of Elm Grove, as a Professional Member on the Cemetery Board, to serve for the term ending July 1, 2027.
hist173351Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
TRUDEAU, RAMONA, of Waldo, as a Massage or Bodywork Therapy School Representative on the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board, to serve for the term ending July 1, 2027.
hist173353Confirmation.
Ayes: 5 - Senators Jacque, Bradley, Carpenter, Wirch and Knodl.
Noes: 0 - None.
The committee on Licensing, Constitution and Federalism reported:
LYNCH-DECOMBHS, DIANE, of Fort Atkinson, as a Nursing Home Administrator Representative on the Nursing Home Administrator Examining Board, to serve for the term ending July 1, 2024.
hist173333Confirmation.
Ayes: 2 - Senators Carpenter and Wirch.
Noes: 3 - Senators Jacque, Bradley and Knodl.
ANDRÉ JACQUE
Chairperson
_____________
Petitions and Communications
hist173213Pursuant to Senate Rule 17 (5), Representative Joers added as a cosponsor of Senate Bill 23.
hist173357Pursuant to Senate Rule 17 (5), Representative O'Connor added as a cosponsor of Senate Bill 121.
hist173362Pursuant to Senate Rule 17 (5), Representative C. Anderson added as a cosponsor of Senate Bill 400.
hist173317Pursuant to Senate Rule 17 (5), Representative Rettinger added as a cosponsor of Senate Bill 427.
hist173363Pursuant to Senate Rule 17 (5), Representative Billings added as a cosponsor of Senate Bill 430.
_____________
State of Wisconsin
Claims Board
September 28, 2023
Attached is the report of the State Claims Board covering the claims considered at the September 7, 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 HANSON
Secretary
STATE OF WISCONSIN CLAIMS BOARD
On September 7, 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
1
1.
Budget Dumpster LLC   Revenue   $88,518.58
2
2.
Sandra Beulen     Corrections $2,414.14
The following claims were decided without hearings:
Claimant   Agency   Amount
3
3.
Brendan Ingenthorn   Corrections $274.99
4
4.
Martha Vazquez   Transportation   $17,064.89
5
5.
Jacquese Harrell, Sr.   Corrections   $1,750.43
6
6.
Eugene Cherry Corrections   $162.39
7
7.
Patrick Fowler     Corrections   $242.02
8
8.
De’Angelo Carter   Corrections   $467.60
9
9.
Jennifer Arndt     Natural Resources $567.59
11
22
With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
1. Budget Dumpster, LLC of Westlake, OH claims $88,518.58 for refund of sales/use taxes levied by DOR. Claimant contracts with third parties to provide waste removal services for customers in Wisconsin. Claimant alleges that it registered for a Wisconsin seller’s permit in 2011, but later determined a permit was not necessary because taxable services were not being provided. Claimant did not cancel the permit and did not file sales/use tax returns in Wisconsin. DOR eventually sent estimated assessments in 2018, 2019, and 2020. In June 2021, DOR began levying funds to cover the assessments. Claimant started working with MCE Salt Solutions LLP (a sales and use tax consulting firm) in March 2022. MCE confirmed with DOR that Claimant’s services were not taxable. Claimant indicates that the permit was cancelled at that time, and in-process assessments were closed. Claimant sought to recover the funds that had been levied but was advised by DOR those refunds would not be released until income/franchise returns were filed. Claimant filed and paid the tax returns in July and August 2022, totaling $23,293.00. At that time, Claimant was not aware that the funds would not be fully refunded. Claimant received refunds in 2022 for the periods of 12/31/19 to 12/31/21, totaling approximately $12,000, but was notified by DOR that per Wis. Stat. § 77.59(4)(b), the statute of limitations (SOL) had closed for the tax periods ending 3/31/2011 to 9/30/2019. Claimant disagrees and believes the SOL for applying for a refund does not close until June 2023, because the funds were levied (i.e., paid) in June 2021. Claimant holds it had no reason to apply for a refund by September 2020 (the SOL calculated by DOR), because levies did not begin until June 2021. Claimant further believes that the remaining levied AMEX funds should be refunded based on “compromise” authority available to DOR.
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