hist192401To the committee on Labor, Regulatory Reform, Veterans and Military Affairs. Relating to: reimbursement of emergency services under the Medical Assistance program when a patient is not transported; emergency medical services education; tuition and materials reimbursement for emergency medical responders and emergency medical services practitioners; reporting on changes to the scope of practice of emergency medical responders and emergency medical services practitioners; a levy limit exemption for regional emergency medical systems; eligible expenses of fire dues program; a live 911 pilot program; eligibility for the expenditure restraint incentive program; and making an appropriation.
By Senators Marklein, Ballweg, Testin, Quinn and Felzkowski; cosponsored by Representatives Kurtz, Summerfield, Dittrich, Green, Maxey, Melotik, Michalski, Mursau, Novak, O'Connor, Palmeri, Rozar, Schmidt, Snodgrass and Tranel.
Relating to: requiring local approval for certain wind and solar projects before Public Service Commission approval.
By Senators Tomczyk, Felzkowski, Jacque, Marklein and Wanggaard; cosponsored by Representatives Schutt, Bodden, Behnke, Goeben, Green, Gundrum, Hurd, Krug, Maxey, Mursau, Penterman, Rettinger, Schmidt, Tranel and Wichgers.
hist192403To the committee on Natural Resources and Energy. Relating to: creating WisEARNS and making an appropriation.
By Senators Hesselbein, Agard, Carpenter, L. Johnson, Larson, Roys and Spreitzer; cosponsored by Representatives Bare, Goyke, Baldeh, C. Anderson, Conley, Considine, Emerson, Jacobson, Joers, Ohnstad, Palmeri, Ratcliff, Shankland, Sinicki, Snodgrass, Stubbs and Subeck.
hist192404To the committee on Universities and Revenue. _____________
Report of Committees
The committee on Insurance and Small Business reported and recommended:
Senate Bill 386
Relating to: requirements for and insurance related to peer-to-peer motor vehicle sharing programs.
Ayes: 4 - Senators Felzkowski, Hutton, Jagler and Pfaff.
Noes: 1 - Senator Wirch.
Ayes: 3 - Senators Felzkowski, Hutton and Jagler.
Noes: 2 - Senators Pfaff and Wirch.
Senate Bill 899
Relating to: local regulation of certain businesses operated by minors.
Ayes: 5 - Senators Felzkowski, Hutton, Jagler, Pfaff and Wirch.
Noes: 0 - None.
MARY FELZKOWSKI
Chairperson
_____________
Petitions and Communications
hist192354Pursuant to Senate Rule 17 (5), Senator Wirch added as a coauthor of Senate Bill 1022. hist192377Pursuant to Senate Rule 17 (5), Senator James added as a coauthor of Senate Bill 1059. _____________
State of Wisconsin
Legislative Reference Bureau
February 26, 2024
The Honorable, the Legislature:
The following rules have been published in the February 26, 2024 Wisconsin Administrative Register No. 818: Clearinghouse Rules Effective Date(s)
(part) 4-1-2024
Sincerely,
JILL KAUFFMAN
Senior Legislative Editor
_____________
Petitions and Communications
State of Wisconsin
Claims Board
February 16, 2024
Attached is the report of the State Claims Board covering the claims considered at the January 30, 2024, 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 January 30, 2024, the State of Wisconsin Claims Board met in person and via Teams videoconference to consider the following claims:
Hearings were conducted for the following claims:
Claimant Agency Amount
11.
Michael Mudler Natural Resources $3,026.45 22.
C&C Services, LLC Administration $58,000.00 The following claims were decided without hearings:
Claimant Agency Amount
33.
Budget Dumpster, Revenue $88,518.58 LLC
44.
Remington Oil Co., Agriculture, Trade $785.21 Inc. & Consumer
Protection
55.
Jerome Walker Corrections $364.95 With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
1. Michael Mudler of Sherwood, Wisconsin claims $3,026.45 for vehicle damage caused by a boulder in the middle of a road within Interstate State Park. On August 21, 2023, Mr. Mudler was camping at the park and used his phone GPS for directions to a destination outside the park, where he planned to meet friends. Mr. Mudler left his campsite (#16) in his vehicle using the GPS directions and proceeded towards a park exit when his vehicle was abruptly stopped by a boulder in the middle of the road. Mr. Mudler reports that the boulder was surrounded by weeds, and that there was no signage warning the road was closed. Mr. Mudler inspected his car, determined it was drivable, and exited the park from a different direction to meet his friends. He reported the incident to park staff the same day. Mr. Mudler alleges he was later told by a park ranger that there used to be signage warning of the boulder, but it was no longer there. Mr. Mudler received a preliminary estimate for vehicle repairs, totaling $3,026.45. At the hearing, Mr. Mudler indicated that he had contacted his insurance company and was told to go through the Claims Board process first, before filing an insurance claim.
DNR initially recommended this claim be paid, pending proof of actual damages. DNR indicates there is an unmaintained path that connects N. Campground Road to the St. Croix State Fish Hatchery Property, which has been closed to vehicle traffic for over a decade. DNR placed a large boulder in the road as a physical barrier to prevent vehicles from traveling that area. There was previously signage restricting the area to pedestrian traffic, but it was vandalized and DNR had not yet replaced it. There was no signage in place at the time of this incident, but DNR believes the boulder would have been visible given the incident occurred during daylight hours. DNR concedes it bears some responsibility for the damage but initially contested basing an award on the preliminary estimate provided by Mr. Mudler. At the hearing, DNR indicated it no longer questioned the preliminary estimate and recommends payment in full.
The Board concludes the claim should be paid in the amount of the claimant’s insurance deductible, $1,000, with the expectation that Mr. Mudler will pursue the remainder of his damages through his insurer. The Board further concludes, under authority of Wis. Stat. § 16.007 (6m), payment should be made from the Department of Natural Resources appropriation Wis. Stat. § 20.370(1)(ma). 2. C&C Services, LLC of Schofield, Wisconsin claims $58,000 for damages related to a 2021 roof replacement project for a DOT building in Wausau. C&C’s bid for the project was significantly less than any other bidder. C&C won the contract and began work in April 2021. In May 2021, DOT notified C&C that it intended to terminate the contract due to allegedly poor workmanship. C&C acknowledges that there were a several issues that needed to be addressed (nails driven too far into the roof by a subcontractor and one instance of water leaking into the building) but claims that it made all necessary repairs and/or remediations. C&C disputes DOA’s claim that C&C inadequately supervised the project. C&C hired an experienced subcontractor, whose work was appropriately overseen by C&C. C&C notes that an inspector hired by C&C’s bonding company determined that the roof was adequately installed. C&C alleges that it had substantially completed the project by June 21, 2021, however, DOA terminated the contract on June 29, 2021 and refused to pay C&C for its work. C&C believes it provided a fully functional roof as evidenced by the fact that DOA has not replaced or repaired the roof since it was installed. C&C believes the state has been unjustly enriched and requests reimbursement in the full amount of the contract.
