As is often the case, the first sixth months of the 2023-24 legislative session were largely focused on the biennial budget process. The Wisconsin Civil Justice Council (WCJC) has worked to maintain and improve the state’s civil litigation climate by providing input on the state budget and other relevant pieces of legislation.
State Budget Enacted: Problematic Liability Provisions Removed; No Funding for Wisconsin Judicial Council
On July 5, Gov. Tony Evers (D) announced his signing of 2023 Act 19, the Wisconsin state budget for the 2023-25 fiscal biennium, which began July 1. The final version of the budget bill passed the Senate on June 28 by a vote of 20-13. Two Republicans, Sens. Hutton (R-Brookfield) and Nass (R-Whitewater), joined all 11 Democrats in voting against the bill. The Assembly approved the bill along party lines (63-34) on June 29, and it was presented to Gov. Evers the following day.
As we wrote in February, Gov. Evers’ executive budget proposed several problematic civil justice policies, including the creation of multiple new private causes of action, the restoration of qui tam actions for false claims against the state, and the elimination of a prohibition on judicial deference to agency interpretations of state law.
WCJC worked with the Joint Committee on Finance to ensure that these provisions were removed from the budget. The final budget also included no funding and no position authority for the Wisconsin Judicial Council.
Passed Assembly: “Lemon Law” for Implements of Animal Husbandry
Assembly Bill 14, authored by Sen. Jacque (R-De Pere) and Rep. Tittl (R-Manitowoc), creates “lemon law”-type requirements for the repair & replacement of implements of animal husbandry. WCJC worked to remove a provision to create a new civil cause of action for violations of the bill’s provisions, including the award of certain damages and costs. WCJC thanks Rep. Tittl for authoring this amendment.
The Assembly amended and passed the bill by voice vote on June 7. It has not yet received a committee hearing or further action in the Senate.
Recommended by Committee: Deicer Certification and Liability Protection
Senate Bill 52, authored by Sen. Jacque and Rep. Behnke (R-Oconto), creates a voluntary certification and registration program for commercial deicer applicators. It is intended to encourage applicators to take measures to protect water quality when engaging in deicing and snow removal procedures. For such registrants and the property owners (including businesses) who hire them, WCJC successfully worked with Sen. Jacque to provide protections from civil liability for applicators who follow particular deicing and snow removal protocols.
The bill has been amended and recommended for passage by the relevant Senate and Assembly committees.
Committee Action Pending: Recovery of Damages for Failure to Wear a Safety Belt
Assembly Bill 81/Senate Bill 77, authored by Rep. Spiros (R-Marshfield) and Sen. James (R-Altoona), would eliminate Wisconsin’s cap on damages recovery for failure to wear a safety belt. Under current state law, if an individual fails to wear a safety belt, damages recovery may be reduced by no more than 15 percent in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle.
This legislation would remove the limit on damages recovery reduction, essentially leaving it to the jury (or in the case of a trial by the court without a jury, the judge) to decide how much of a reduction is fair for failure to wear a safety belt.
The bill is pending committee action in both houses.
Circulating: Consumer Data Protection
Rep. Zimmerman (R-River Falls) is circulating a bill to regulate how companies manage consumer data and to give consumers certain rights and greater control over their data. Rep. Zimmerman has introduced updated versions of this bill over the last several sessions and has consistently worked with stakeholders to incorporate amendments and address their concerns. The latest version of his legislation retains a provision, previously requested by WCJC, stating these protections do not give rise to a new private right of action.
Circulating: Social Media Regulation and Civil Liability
Rep. Steffen (R-Green Bay) has circulated a bill to create new regulations on social media companies and platforms, particularly the use of social media by minors. The original draft of the bill included a private cause of action allowing a Wisconsin resident to sue a social media company for violating one of the bill’s requirements. Because of WCJC’s work, this provision is expected to be removed from the bill before it is introduced.