Final Disposition of 2013-2014 Legislation

Assembly Bills

Links Summary/Status

AB 19

Jacque

History

Torts and Personal Injury Trusts

Summary: Provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.

Status: Introduced Feb. 15, 2013; Referred to the committee on Judiciary; Public hearing held Apr. 4; Passage as amended recommended (6-2) May 1; Passed the Assembly (58-39) May 8; Referred to Senate committee on Judiciary and Labor; Concurrence recommended (3-2) Oct. 10; Senate concurrence Mar. 12, 2014. Senate Substitute Amendment 1 concurred in, Ayes 55, Noes 38, Paired 2 Mar. 20. Enrolled, Mar. 26; Signed by the Governor as 2013 Wis. Act 154 on March 27, 2014.

AB 27

Kuglitsch

History

Contingent Fees

Summary: Prohibits a state agency from contracting to provide legal services for the state on a contingent fee basis unless the governor makes a written determination that entering into such a contract is cost-effective and in the public interest.

Status: Introduced Feb. 18, 2013; Referred to the committee on Judiciary. Passage as amended recommended (5-3) April 15; Passed the Assembly (60-36) May 8; Referred to Senate committee on Judiciary and Labor; Concurrence recommended (4-1) Oct. 2; Passed the Senate (23-10) Oct. 8; Signed by the Governor as 2013 Wis. Act 105 on Dec. 13, 2013.

AB 29

Jacque

History

Collateral Source

Summary: Allows juries in personal injury cases to see all the evidence when determining the amount owed to compensate the plaintiff for his or her medical expenses..

Status: Introduced Feb. 18, 2013; Referred to the committee on Judiciary. Public hearing held Apr. 11; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 120

Severson

History

Inadmissibility of Statement of Apology by Healthcare Provider

Summary: Provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient’s relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.

Status: Introduced Apr. 4, 2013. Referred to committee on Judiciary; Withdrawn and referred to committee on Health May 13; Public hearing May 29; Passage as amended recommended (7-4) June 20. Passed the Assembly Feb. 18, 2014. Referred to Senate committee on Health and Human Services Feb. 19. Public hearing Mar. 6. Concurrence recommended (3-2);Public hearing held Mar. 6; Concurrence recommended (3-2); Concurred in by Senate (19-14), April 1; Enrolled on April 4;

AB 139

Ott

History

Medical Liability – Informed Consent

Summary: Overturns a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with informed consent in medical liability cases.

Status: Introduced April 5, 2013; Referred to the committee on Judiciary. Public hearing held Apr. 11; Passage as amended recommended (6-2) May 1; Passed the Assembly (65-31) May 8; Referred to Senate committee on Judiciary and Labor May 10; Concurrence as amended recommended (3-2) Oct. 10; Public hearing waived; Am.1 adopted. Passed the Assembly Oct. 15; Signed by the Governor as 2013 Wis. Act 111 on Dec. 14, 2013.

AB 200

Kramer

History

Motor Vehicle Warranties – Lemon Law Reform

Summary: The bill would repeal the double damage provision that encourages attorneys to seek jackpot justice, but keep the obligation that a manufacturer provide a comparable vehicle or refund, whichever remedy the consumer chooses. If the manufacturer fails to provide the vehicle or refund within the specified deadline, a consumer may bring an action to recover for any damages. If he or she prevails, the court may award any pecuniary loss (including the cost of the vehicle), along with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate. The bill makes other changes that also bring Wisconsin law more in line with other states.

Status: Introduced May 13, 2013; Referred to the committee on Judiciary. Passage as amended recommended (8-0) June 6; Passed the Assembly (88-8, paired 2) June 12; Referred to Senate committee on Transportation, Public Safety, and Veterans and Military Affairs; Public hearing held July 18; Concurrence recommended (5-0) Aug. 22; Passed the Senate (32-1) Sept. 17; Signed by the Governor as 2013 Wis. Act 101 on Dec. 13, 2013.

AB 225

Stone

History

Campaign Finance Law

Summary: Makes several changes to the campaign finance laws.

Status: Introduced May 31, 2013; Referred to the committee on Campaigns and Elections. Public hearing held June 4; Passage as amended recommended (8-1) June 10; Passed the Assembly June 12; Referred to Senate committee on Elections and Urban Affairs; Public hearing held Dec. 18, 2013; Failed to concur in pursuant to Senate Joint Resolution 1.

AB 265

Pasch

History

Statute of Limitations for Sexual Contact with a Child

Summary: Removes the time limit for bringing actions for sexual contact with a child and applies this unlimited time period to a broader range of actions. No limit on the time a person has to bring an action for injury resulting from being subject, as a child, to any sexual contact by an adult or by an adult member of the clergy. The bill also revives any cause of action that was barred by the present statute of limitations and allows an injured party to bring that action for his or her injury within two years after the effective date of the billt.

Status: Introduced July 17, 2013; Referred to the committee on Criminal Justice; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 269

Sinicki

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damages.

Status: Introduced July 30, 2013; Referred to the committee on Judiciary;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 342

Taylor

History

Employment Discrimination

Summary: Provides that employment discrimination because of conviction record includes requesting an applicant to supply information regarding his or her conviction record, or otherwise inquiring into or considering the conviction record of an applicant for employment, before the applicant has been selected for an interview.

Status: Introduced Aug. 27, 2013; Referred to the committee on Labor;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 543

Hebl

History

Campaigns for Supreme Court Justice

Summary: creates a democracy trust fund under which eligible candidates for the office of justice of the supreme court may receive public grants derived from general purpose revenues to finance their campaigns.

Status: Introduced Dec. 9, 2013; Referred to the committee on Campaigns and Elections; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 553

Richards

History

Civil Actions Involving Health Care Providers

Summary: This bill makes several changes to current law regarding contractual agreements between long-term care facilities and their clients, civil actions for negligence in long-term care facilities, punitive damages in civil actions, certain criminal actions against health care providers, and the confidentiality and use of reviews, incident reports, and evaluations of health care providers.

Status: Introduced Dec. 9, 2013; Referred to the committee on Judiciary;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 604

Smith

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment on the basis of military service to pay compensatory and punitive damages.

Status: Introduced Jan. 7, 2014; Referred to the committee on Labor;Refused to withdraw from committee on Labor (36-57), March 20; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 656

Neylon

History

Patent Trolls

Summary:Regulates written communications attempting to enforce or assert rights in connection with a patent or pending patent.

Status:Introduced Jan. 24, 2014; Referred to committee on Jobs, Economy and Mining; Public hearing held Feb. 17; Passage as amended [AA1, AA2] (16-0), Feb. 18; Passed by Assembly with amendments [AA1, AA2], Feb. 20; Referred to Senate committee on Senate Organization; Failed to concur in pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Senate Bill 498.

AB 706

Ott

History

Liability of Parents/Sponsors of Minor Drivers

Summary: Places a cap of $300,000 for parents of minor drivers. Wisconsin is currently one of only 12 states that impose unlimited liability for parents whose minor children are involved in an automobile accident..

Status: Introduced Jan. 31, 2014; Referred to the committee on Judiciary. Public hearing Feb. 6; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

AB 746

Nerison

History

Agricultural Tourism Activities Liability

Summary:Provides immunity from civil liability to an agricultural tourism provider for the death of or injury to a participant in an agricultural tourism activity under certain circumstances.  The bill extends liability protection to the agricultural tourism provider if the participant’s death or injury occurs as a result of a risk inherent in the agricultural tourism activity and the agricultural tourism provider posts and maintains, in a clearly visible location at the entrance to the property or at the location of each agricultural tourism activity, a sign that contains a notice concerning the risk inherent in the agricultural tourism activity.

Status: Introduced Feb. 10, 2014; Referred to the committee on Agriculture. Public hearing Feb. 12; Passed the Assembly Committee on Agriculture (10-6) Feb. 13. Passed the Assembly (85-9) Feb. 20. Referred to Senate committee on Agriculture, Small Business, and Tourism Feb. 24, 2014. Public hearing Mar. 6. Concurrence recommended (9-0);Concurred in by Senate, April 1; Enrolled, April 7;

Senate Bills

Links Summary/Status

SB 13

Grothman

History

Torts and Personal Injury Trusts

Summary: Provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.

Status: Introduced Feb. 12, 2013; Referred to committee on Judiciary and Labor. Public hearing held Apr. 11; Passage as amended recommended (3-2) Oct. 10; Failed to pass pursuant to Senate Joint Resolution 1. See companion, Assembly Bill 19

SB 19

Grothman

History

Contingent Fees

Summary: Prohibits a state agency from contracting to provide legal services for the state on a contingent fee basis unless the governor makes a written determination that entering into such a contract is cost-effective and in the public interest..

Status: Introduced Feb. 13, 2013; Referred to the committee on Judiciary and Labor. Public hearing held Apr. 11; Public hearing held Apr. 11; Passage as amended recommended (4-1) Oct. 2;Failed to pass pursuant to Senate Joint Resolution, April 8, 2014. See companion, Assembly Bill 27.

SB 22

Farrow

History

Collateral Source

Summary: Allows juries in personal injury cases to see all the evidence when determining the amount owed to compensate the plaintiff for his or her medical expenses.

Status: Introduced Feb. 13, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 137

Grothman

History

Medical Liability – Informed Consent

Summary: Overturns a negative Wisconsin Supreme Court decision (Jandre v. Wisconsin Injured Patients and Families Compensation Fund) dealing with informed consent in medical liability cases.

Status: Introduced April 10, 2013; Referred to the committee on Judiciary and Labor. Public hearing held Apr. 11; Passage as amended recommended (3-2) Oct. 10;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Assembly Bill 139.

SB 143

Hansen

History

Employment Discrimination

Summary: Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damages.

Status: Introduced April 17, 2013; Referred to the committee on Judiciary and Labor. Refused to withdraw from committee; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 182

Petrowski

History

Motor Vehicle Warranties – Lemon Law Reform

Summary: The bill would repeal the double damage provision that encourages attorneys to seek jackpot justice, but keep the obligation that a manufacturer provide a comparable vehicle or refund, whichever remedy the consumer chooses. If the manufacturer fails to provide the vehicle or refund within the specified deadline, a consumer may bring an action to recover for any damages. If he or she prevails, the court may award any pecuniary loss (including the cost of the vehicle), along with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate. The bill makes other changes that also bring Wisconsin law more in line with other states.

Status: Introduced May 16, 2013; Referred to the committee on Transportation, Pubic Safety, and Veterans and Military Affairs; Public hearing held July 18; Passage as amended recommended (5-0) Aug. 22; Available for scheduling;Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014. See companion, Assembly Bill 200.

SB 225

Lassa

History

Statute of Limitations for Sexual Contact with a Child

Summary: Removes the time limit for bringing actions for sexual contact with a child and applies this unlimited time period to a broader range of actions. No limit on the time a person has to bring an action for injury resulting from being subject, as a child, to any sexual contact by an adult or by an adult member of the clergy. The bill also revives any cause of action that was barred by the present statute of limitations and allows an injured party to bring that action for his or her injury within two years after the effective date of the billt.

Status: Introduced July 9, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 233

Taylor

History

Abusive Work Environments – Civil Actions

Summary: Provides an exception to the exclusive remedy of worker’s compensation that permitting an employee who alleges being subjected to an abusive work environment or other unlawful employment practices to bring an action in circuit court.

Status: Introduced July 31, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 460

Harris

History

Loss of Society and Companionship – Medical Malpractice Claims

Summary: Provides that a parent does have the right to recover for loss of society and companionship if the parent’s adult child is injured as the result of medical malpractice (Makes changes to current law, as stated in Estate of Wells v. Mt. Sinai Medical Center). Also provides that an adult child does have the right to recover for loss of society and companionship if the adult child’s parent dies as the result of medical malpractice (Makes changes to current law, as stated in Czapinski v. St. Francis Hospital, Inc.).

Status: Introduced Dec. 20, 2013; Referred to the committee on Judiciary and Labor; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.

SB 498

Farrow

History

Patent Trolls

Summary:Regulates written communications attempting to enforce or assert rights in connection with a patent or pending patent.

Status: Introduced Jan. 15, 2014; Referred to the committee on Government Operations, Public Works, and Telecommunications. Public hearing Feb. 6. Passage as amended recommended (7-0) Mar. 6. Passed the Senate Mar. 11. Passed the Assembly Mar. 20; Enrolled March 26;

SB 592

Grothman

History

Liability of Parents/Sponsors of Minor Drivers

Summary: Places a cap of $300,000 for parents of minor drivers. Wisconsin is currently one of only 12 states that impose unlimited liability for parents whose minor children are involved in an automobile accident..

Status: Introduced Feb. 13, 2014; Referred to the committee on Judiciary and Labor. Public hearing Feb. 20. Passage recommended (3-2) Feb. 27. Passed the Senate (17-16) Mar. 12. Referred to Assembly committee on Rules; Failed to pass pursuant to Senate Joint Resolution 1, April 8, 2014.