Civil Trial Counsel of Wisconsin
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Legislative Archive___
This page tracks Wisconsin legislative activity that is relevant to CTCW members. Check back, as this page will be updated to reflect fast-changing political events, and contact us if there is anything additional that you would like to see here.
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Click here to view a detailed memo on the petition pending before the Wisconsin Supreme Court proposing the deletion of the "insurance defense exception" to the requirement that a client consent to the lawyer's fee being paid by a third party.

Prepared for Civil Trial Counsel of Wisconsin
Monday, July 15, 2002

SB 495
Baumgart (D-Sheboygan)
Environmental Improvement Program
Summary:
Creates an Environmental Improvement Program and Environmental Results Program to be administered by the Department of Natural Resources.
Status:
Introduced Mar. 11, 2002. Referred to Environmental Resources. Reported out of Committee Mar. 12. Dead pursuant to SJR 1.
SB 458
Risser (D-Madison)
Immunity - Transportation
Summary:
Provides civil immunity for the acts or omissions of persons who administer a transportation program and the individuals who drive a motor vehicle in the transportation program.
Status:
Introduced Feb. 22, 2002. Referred to Judiciary. Dead pursuant to SJR 1.
AB 766
Kedzie (R-Elkhorn)
Solid Waste Projects
Summary:
Relating to immunity for the use of solid waste for public projects.
Status:
Introduced Jan. 31, 2002. Referred to Environment. Public hearing held Feb. 19. Reported out of Committee Feb. 26. Referred to Rules. Dead pursuant to SJR 1.
SB 341
Huelsman (R-Waukesha)
Civil Liability
Summary:
Provides that no civil liability may be imposed on a person for the act of offering to furnish transportation for another person who is or later becomes intoxicated and then failing to provide transportation if the intoxicated person causes the death of or injury to a third party by means of the intoxicated person's operation of a motor vehicle.
Status:
Introduced Dec. 6, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
AB 638
Plale (D-South Milwaukee)
Medical Malpractice
Summary:
Provides that a parent and adult child have the right to recover for loss of society and companionship if the parent's adult child or the adult child's parent dies as the result of medical malpractice.
Status:
Introduced Nov. 13, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
SB 251
Hansen (D-Green Bay)
Worker's Compensation
Summary:
Makes various changes to the worker's compensation law.
Status:
Introduced Sept. 26, 2001. Referred to Labor. Public hearing held Sept. 25. Reported out of Committee Oct. 2. Passed Senate Oct. 16. Referred to Labor. Public hearing and executive action taken on Nov. 6. Passed Assembly Nov. 8. Signed by Governor Dec. 12. 2001 Wisconsin Act 37.
AB 505
Hundertmark (R-Clintonville)
Worker's Compensation
Summary:
Makes various changes to the worker's compensation law.
Status:
Introduced Sept. 19, 2001. Referred to Labor. Public hearing held Sept. 26. Reported out of Committee Oct. 2. Passed Assembly Oct. 16. Referred to Labor. Dead pursuant to SJR 1.
AB 499
Ladwig (R-Racine)
Worker's Compensation
Summary:
Adds as a condition for worker's compensation liability a condition that the employee's injury not result from the intoxication of the employee by alcohol beverages or use of a controlled substance or a controlled substance analog.
Status:
Introduced Sept. 19, 2001. Referred to Labor. Dead pursuant to SJR 1.
AB 479
Duff (R-New Berlin)
Environmental Improvement Program
Summary:
Creates an environmental improvement program to be administered by the DNR under which a participant may be able to avoid forfeitures for an environmental violation that the participant reports to DNR.
Status:
Introduced Aug. 21, 2001. Referred to Environment. Public hearing held  Sept. 25. Reported out of Committee Mar. 7. Passed Assembly Mar. 7. Referred to Environmental Resources. Bill failed to pass pursuant to SJR 1. Proposal was included in Assembly Republican Caucus budget, but was removed.
SB 232
Hansen (D-Green Bay)
Job Discrimination
Summary:
Authorizes the Department of Workforce Development to order a person who discriminates in promotion, compensation, or in terms, conditions, or privileges of employment on the basis of sex, race, color, national origin, or ancestry to pay compensatory and punitive damages.
Status:
Introduced Aug. 16, 2001. Referred to Labor. Public hearing held Sept. 4. Referred to Finance. Dead pursuant to SJR 1.
SB 217
George (D-Milwaukee)
Medical Malpractice
Summary:
Removes the maximum amount recoverable for noneconomic damages in future medical malpractice.
Status:
Introduced July 10, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
SB 193
George (D-Milwaukee)
Medical Malpractice
Summary:
Provides that a parent dos have the right to recover for loss of society and companionship if the parent's adult child dies as a result of medical malpractice.
Status:
Introduced May 23, 2001. Referred to Judiciary. Public hearing held June 5. Passed Senate Oct. 30. Referred to Judiciary. Public hearing held Feb. 21. Dead pursuant to SJR 1.
SB 186
Burke (D-Milwaukee)
Medical Records
Summary:
This bill reduces, from 40 to 20, the number of days before a trial or hearing by which time a party must either serve health care records on the other parties or notify the other parties of the location where the health care records may be inspected or photocopied, in order for the health care records to be admissible into evidence at the trial or hearing without authentication testimony for the custodian of the records.
Status:
Introduced May 23, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
SB 170
Risser (D-Madison)
Medical Malpractice
Summary:
This bill removes the requirement that a person must serve a notice of a claim for medical malpractice involving a state officer, employee, or agent on the Attorney General within 180 days after injury. Instead, the bill requires a person who was injured as a result of medical malpractice by a state officer, employee, or agent to commence that action within the same time period that is required when the claim is against a private medical provider.
Status:
Introduced May 3, 2001. Referred to Judiciary. Public hearing held June 5. Passed Senate Jan. 29. Referred to Judiciary. Public hearing held Feb. 21. Dead pursuant to SJR 1.
AB 305
La Fave (D-Brown Deer)
Property Inspection
Summary:
Adds county and local governmental unit officers, employees or agents to those who receive immunity from civil liability for safety inspections and advisory services.
Status:
Introduced Apr. 12, 2001. Referred to Judiciary. Public hearing held May 31. Dead pursuant to SJR 1.
>AB 198
Albers (R-Reedsburg)
Compulsory Counterclaims
Summary:
This bill would adopt the counterclaim policy in effect under the federal rules of civil procedure which would require a party to counterclaim any claim that a party has against the opposing party in a civil action if the claim arises out of the occurrence that is the subject of the opposing party's claim and the claim does not require the presence of a third party over whom the court cannot acquire jurisdiction. Under the bill, the party would not be required to bring the counterclaim if, at the time that the current action was commenced, the claim was the subject of another pending action or if the opposing party brought the action by a court process that did not provide the court with personal jurisdiction on that claim.
Status:
Introduced March 13, 2001. Referred to Judiciary. Public hearing held Feb. 21. Dead pursuant to SJR 1.
AB 174
Pettis (R-Hertel)
Immunity to Campground Owners
Summary:
Provides immunity from civil liability to owners and operators of private campgrounds and to their employees and agents.
Status:
Introduced March 6, 2001. Referred to Tourism. Public hearing held Apr. 3. Reported out of Committee Feb. 20. Dead pursuant to SJR 1.
SB 75
Risser (D-Madison)
Notaries Public
Summary:
Allows a notary public to charge a reasonable fee for any service that he or she provides in his or her capacity as a notary public.
Status:
Introduced March 6, 2001. Referred to Universities. Public hearing held Mar. 6. Reported out of Committee Mar. 11. Passed Senate Mar. 12. Dead pursuant to SJR 1.
SB 74
Risser (D-Madison)
Jury Service
Summary:
Allows a court, or clerk if authorized by th ejudge, to excuse a person from jury service if the person requests being excused because he or she has been selected to serve on a jury in this sate on two or more previous occasions.
Status:
Introduced March 6, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
SB 71
Decker (D-Weston)
Health Care Records
Summary:
Uniform fees chargeable for certified duplicate health care records, x-ray reports and referral of x-rays.
Status:
Introduced Feb. 28, 2001. Referred to Health. Public hearing held Mar. 14. Reported out of Committee Apr. 4. Passed Senate May 1. Referred to Insurance. Included in the budget bill, however, vetoed by Governor McCallum.
SB 32
Welch (R-Redgranite)
Recovery of Damages
Summary:
Prevents a preson from recovering damages for any injury that he or she incurs or from his or her death if the injury or death resulted from his or her act that is a felony regardless of cause of the injury or negligence of the parties.
Status:
Introduced Jan. 29, 2001. Referred to Judiciary. Dead pursuant to SJR 1.
AB 6
Albers (R-Reedsburg)
Highway Repair
Summary:
Eliminates the specific immunity exception under which cities, villages, towns and counties may be held liable for an insufficiency or want of repaifs of a highway.
Status:
Introduced Jan. 16, 2001. Referred to Urban & Local Affairs. Public hearing held Feb. 6. Reported out of Committee feb. 8. Passed Assembly Feb. 13. Referred to Senate Judiciary. Public hearing held Dec. 18. Bill failed to pass pursuant to SJR 1. Proposal was included in Assembly Republican Caucus budget, but removed from budget repair bill.
SB 9
Huelsman (R-Waukesha)
UCC Article 9 - Secured Transactions
Summary:
Revises UCC Article 9 - Secured Transactions which involve the granting of credit secured by personal property of a debtor and allowing the creditor to take the property if the debtor defaults on the debt.
Status:
Introduced Jan. 12, 2001. Referred to Judiciary. Public hearing held Feb. 20. Emergency statement attached by Governor April 18. Reported out of Committee May 3. Passed Senate May 8. Passed Assembly Jun. 12. Signed into law on June 22. 2001 Wisconsin Act 10.

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