WDC Legislative Tracking Report 2011-2012

Assembly Bills

Links	Summary/Status
AB-544 Doyle History	Product Liability Law Summary: Makes changes to product liability law and the law governing remedies against manufacturers, distributors, sellers, and promoters of a product (2011 Wis. Act 2). Status: Introduced Feb. 8, 2012. Referred to committee on Judiciary and Ethics;
AB-538 Kooyenga History	Product Liability Law Summary: Makes changes to product liability law and the law governing remedies against manufacturers, distributors, sellers, and promoters of a product (2011 Wis. Act 2). Status: Introduced Feb. 7, 2012. Referred to committee on Judiciary and Ethics;
AB 459 Richards History	Punitive Damages Summary: Eliminates the limitation on the amount of punitive damages that may be awarded to a plaintiff. Status: Introduced Jan. 4, 2012; Referred to the committee on Judiciary and Ethics;
SS AB 22 Committee History	Trespasser Liability Summary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land. Status: Introduced Oct. 18, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (7-1) Nov. 1; Laid on the table Nov. 3, 2011.
SS AB 14 Committee History	Interest Rates on Judgments Summary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Passage as amended recommended (5-3) Nov. 1. Laid on the table Nov. 3, 2011.
SS AB 13 Committee History	Product Liability Summary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances. Status: Introduced on Oct. 11, 2011. Referred to committee on Judiciary and Ethics; Failed to pass pursuant to SJR 1.
SS AB 12 Committee History	Attorney Fees Summary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 21; Failed to pass pursuant to SJR 1.
AB-289 Litjens History	Employment Discrimination - Compensatory/Punitive Damages Summary: Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing. Status: Introduced Sept. 29, 2011; Referred to the committee on Judiciary and Ethics; Public hearing held Oct. 27.
AB-286 Kleefisch History	Employment Discrimination - Felony Convictions Summary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law. Status: Introduced Sept. 29, 2011. Referred to Assembly committee on Labor and Workforce Development; Public hearing held Oct. 12; Passage recommended (6-3) Dec. 7;
AB-223 Mursau History	Administrative Agency Actions Summary: Eliminates financial and entity size limitations for prevailing parties to be eligible to receive costs in administrative agency actions, allowing an award of costs to any trust or person, other than the state, that is a prevailing party unless the court finds the agency was substantially justified in taking its position or if such an award would be unjust under the circumstances. Status: Introduced Aug. 18, 2011. Referred to Assembly committee on Judiciary and Ethics. Public hearing held Sept. 29.
AB-199 Berceau History	New Cause of Action - Statute of Limitations Summary: Creates a new cause of action for violence motivated by gender. Sets statutue of limitations at seven years after victim turns 18, or seven years if the victim is 18 or older. Status: Introduced July 14, 2011. Referred to Criminal Justice and Corrections.
AB-147 Severson History	Statements of Condolence by Healthcare Provider Summary: A statement or conduct of a health care provider that expresses apology, condolence, or sympathy to a patient or patient’s relative or representative is not admissible into evidence. Status: Introduced May 23, 2011. Referred to Health; Public hearing held June 1; Passage as amended recommended (7-3) Sept. 7; Passed the Assembly (62-33, paired 2) Nov. 1; Referred to Senate committee on Judiciary, Utilities, Commerce, and Government Operations;
AB-40 Finance History	State Budget Summary: State finances and appropriations. Status: Introduced Mar. 1, 2011. Referred to Joint Finance.
AB-4 Nygren History	Insurance Summary: Makes changes to automobile insurance, permissible policy provisions, and proof of financial responsibility. Status:Introduced Jan.14, 2011. Referred to Insurance. Signed by the Governor on Apr. 12, 2011 as 2011 Wis. Act 14.
JR-1/AB-1 Assembly Organization History	Tort Reform Summary: Makes changes to the award of noneconomic damages, confidentiality of health care services reviews, evidence of expert witnesses, damage for frivolous claims and punitive damages. Status: Introduced Jan. 4, 2011. Referred to Judiciary and Ethics. Report passage as ammended by Judiciary and Ethics Jan. 18, 2011. Referred to Committee on Rules Jan. 18, 2011. Laid on table Jan. 20, 2011.

Senate Bills

Links	Summary/Status
SB-373 Grothman History	Product Liability Summary: 2011 Wisconsin Act 2 (Act 2) made a number of changes to the law governing civil actions involving product liability claims brought under a theory of strict liability and to civil actions against manufacturers, distributors, sellers, and promoters of products. This bill makes several changes to certain provisions enacted under Act 2. Status: Jan. 10, 2012; Referred to committee on Judiciary, Utilities, Commerce, and Government Operations.
SS SB-22 Committee History	Trespasser Liability Summary: Codifies existing common law as it pertains to the duty of care that possessors of land owe to trespassers and to prevent courts from adopting the new Restatement Third Torts, which expands liability for possessors of land. Status: Introduced Oct. 18, 2011; Public hearing held Oct. 26, 2011; Passage as amended recommended (5-0) Nov. 1; Passed the Senate Nov. 2; Passed the Assembly (80-15, paired 2) Nov. 3; Failed to pass pursuant to SJR 1.
SS SB-14 Committee History	Interest Rates on Judgments Summary: Under current law, Wisconsin has one of the highest pre- and post-judgment interest rates in the nation at 12 percent. This bill sets the interest rate on judgments for tort cases and consumer protection cases at one percent plus the prime rate as reported by the Federal Reserve Board until the amount is paid. Status: Introduced Oct. 11, 2011; Referred to the committee on Judiciary, Utilities, Commerce, and Government Operations; KPublic hearing held Oct. 26; Pfassage as amended recommended Nov. 1; Passed the Senate (17-16) Nov. 2; Passed the Assembly (59-36, paired 2) Nov. 3; Signed by the Governor as 2011 Wis. Act 69 on Nov. 18, 2011.
SS SB-13 Committee History	Product Liability Summary: Provides immunity from liability to drug and device manufacturers and sellers under certain circumstances. Status: Introduced on Oct. 11, 2011. Referred to Judiciary, Utilities, Commerce, and Government Operations. Failed to pass pursuant to SJR 1.
SS SB-12 Committee History	Attorney Fees Summary: Requires courts to consider 14 criteria when awarding reasonable attorney fees and caps court awarded attorneys fees at three times compensatory damages. Status: Introduced on Oct. 11, 2011. Referred to Judiciary, Utilities, Commerce, and Government Operations. Public hearing held Oct. 19; Passage as amended recommended (3-2) Oct. 26; Passed the Senate (17-15) Oct. 27; Passed the Assembly Nov. 4; Signed by the Governor as 2011 Wis. Act 92 on Dec. 8, 2011.
SB-207 Darling History	Employment Discrimination - Felony Convictions Summary: Permits an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony and preempting cities, villages, towns, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law Status: Introduced Sept. 28, 2011. Referred to committee on Labor, Public Safety, and Urban Affairs; Public hearing held Oct. 24; Passage as amended recommended (4-1) Nov. 2;
SB-202 Darling History	Employment Discrimination - Compensatory/Punitive Damages Summary: Eliminates compensatory and punitive damages for acts of employment discrimination or unfair honesty or genetic testing. Status: Introduced Sept. 27, 2011. Referred to committee on Judiciary, Utilities, Commerce, and Government Operations; Public hearing held Oct. 19; Passage recommended (3-2) Oct. 26; Passed the Senate (17-16) Nov. 3; Referred to the Assembly.
SB-145 Coggs History	New Cause of Action - Statute of Limitations Summary: Creates a new cause of action for violence motivated by gender. Sets statutue of limitations at seven years after victim turns 18, or seven years if the victim is 18 or older. Status: Introduced on July 6, 2011. Referred to Judiciary, Utilities, Commerce, and Government Operations.
SB-103 Galloway History	Medical Malpractice Summary: A statement or conduct of a health care provider that expresses apology, condolence, or sympathy to a patient or patient’s relative or representative is not admissible into evidence. Status:Introduced on May 24, 2011. Referred to Judiciary, Utilities, Commerce, and Government Operations. Passage as amended (5-6) July 6;
SB-27 Finance History	State Budget Summary: State finances and appropriations. Status: Introduced Mar. 1, 2011. Referred to Joint Finance;
SB-7 Lasee History	Insurance Summary: Makes changes to automobile insurance, permissible policy provisions, and proof of financial responsibility. Status: Introduced Jan. 14, 2011. Referred to Insurance and Housing. Laid on the Table Apr. 12, 2011.

Updated Feb. 14, 2012.