Civil Justice
Legislative Bill Tracking Report: Civil Justice
| Bill Number/Author | Summary/Status | WMC Position |
|---|---|---|
| AB 147 /SB – 103 (Severson/Galloway) Bill Text Bill History | Summary:This legislation protects statements of apology by health care providers to patients and families from being used in a lawsuit.Status: AB 147 was adopted by the Assembly on Nov. 1, 2011, by a vote of 62-33. No action was taken in the Senate. | Support |
| AB 147 /SB 103 – Health Care Apology (Severson/Galloway) Bill Text Bill History | Summary:This legislation protects statements of apology by health care providers to patients and families from being used in a lawsuit.Status: AB 147 was adopted by the Assembly on Nov. 1, 2011, by a vote of 62-33. No action was taken in the Senate. | Support |
| AB 147 /SB 103 – Inadmissibility of a Statement of Apology or Condolence by a Health Care Provider (Severson/Galloway) Bill Text Bill History | Summary:This bill 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: The Senate bill has passed through committee and is waiting for Senate Floor action. The assembly bill received a public hearing in June, 2011. | Support |
| AB 156 /SB 117 – Venue for State Actions (Kramer/Vukmir) Bill Text Bill History | Summary:This legislation allows a plaintiff to designate the county in which to bring a legal action if the sole defendant is the state or an agent of the state. Under current law, all such actions must be brought in Dane County alone. The bill also allows for appeals to be brought in one of the state’s four court of appeals districts if the case was not considered in a circuit court that is part of the appellate district.Status: A public hearing was held on AB 156 in the Assembly Judiciary and Ethics Committee on June 9th. | Support |
| AB 199 /SB 145 – Gender-Based Crimes (Berceau/Coggs) Bill Text Bill History | Summary:This legislation creates a civil cause for action for someone who suffers physical, emotional, or economic harm due to an action based on the person’s gender. The bill would also add gender to the list of victim characteristics that would qualify for a penalty enhancement as a hate crime.Status: No action was taken on AB 199. | Oppose |
| AB 223 – Legal Fee Recovery in State Agency Actions (Mursau/Grothman) Bill Text Bill History | Summary:This legislation lifts the current restrictions limiting the types of private parties eligible to recover costs against state agencies. Instead, any private party prevailing in a court action or administrative proceeding would be allowed to recover eligible costs from the state agency, with very limited exceptions.Status: A public hearing was held on AB 223 in the Assembly Judiciary and Ethics Committee on September 29, 2011. No further action was taken. | Support |
| AJR 49 /SJR 36 – Supreme Court Chief Justice Selection (August/Zipperer) Bill Text Bill History | Summary:This constitutional amendment would change the method of selecting the chief justice of the state’s Supreme Court. Currently the chief justice is selected based on seniority. This amendment would allow the justices to elect the chief justice each time a new justice is seated on the court.Status: AJR 49 was approved by the Assembly Judiciary and Ethics Committee on Feb. 22, 2012, by a vote of 5-3. It was not approved by the full Assembly. | Support |
| SB 103 /AB 147 – Health Care Apology (Galloway/Severson ) Bill Text Bill History | Summary:This legislation protects statements of apology by health care providers to patients and families from being used in a lawsuit.Status: SB 103 was passed by the Senate Judiciary Committee by a 3-2 vote on July 6, 2011; it was not considered by the full Senate. | Support |
| SB 103 /AB 147 – Health Care Apology (Galloway/Severson ) Bill Text Bill History | Summary:This legislation protects statements of apology by health care providers to patients and families from being used in a lawsuit.Status: SB 103 was passed out of the Senate Judiciary Committee on July 6, 2011, by a vote of 3-2. | Support |
| SB 103 /AB 147 – Inadmissibility of a Statement of Apology or Condolence by a Health Care Provider (Galloway/Severson ) Bill Text Bill History | Summary:This bill 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: The Senate bill has passed through committee and is waiting for Senate Floor action. The assembly bill received a public hearing in June, 2011. | Support |
| SB 145 /AB 199 – Gender-Based Crimes (Coggs/Berceau ) Bill Text Bill History | Summary:This legislation creates a civil cause for action for someone who suffers physical, emotional, or economic harm due to an action based on the person’s gender. The bill would also add gender to the list of victim characteristics that would qualify for a penalty enhancement as a hate crime.Status: No action was taken on SB 145. | Oppose |
| SJR 36 /AJR 49 – Supreme Court Chief Justice Selection (Zipperer/August ) Bill Text Bill History | Summary:This constitutional amendment would change the method of selecting the chief justice of the state’s Supreme Court. Currently the chief justice is selected based on seniority. This amendment would allow the justices to elect the chief justice each time a new justice is seated on the court.Status: SJR 36 was approved by the Senate Judiciary Committee on Feb. 22, 2012, by a vote of 3-2. No further action was taken. | Support |
| SSSB 1 – Lawsuit Reform (Zipperer/J. Ott ) Bill Text Bill History | Summary:A cornerstone of Governor Walker’s January 2011 special session on jobs, this legislation consists of seven major components: • Actions Against Manufacturers – After a product is manufactured, claims are required to be filed within 25 years. A plaintiff is also required to prove damages were actually caused by a manufacturer’s product. • Strict Liability – Liability is now placed solely on the manufactured product. Manufacturers, distributors, and sellers could be held liable under previous law even if they were not negligent. • Punitive Damages – Punitive damages are capped at $200,000 or two times the compensatory damages, whichever is higher. Recovering for actual loss remains uncapped. • Damages for Frivolous Claims – Originally passed in 1986 but struck down by the activist state Supreme Court in 2005, the frivolous claims statute has been re-drafted to pass constitutional muster. • Expert Testimony – The practice of tying an expert witness’ compensation to the outcome of the case is now prohibited. Clarification is also made for the difference between expert and lay testimony. • Medical Malpractice — Wisconsin’s current $750,000 cap on economic damages is extended to long-term care providers. • Health Care Records — Best-practices peer review information is prohibited from being the target of frivolous lawsuits.Status: SS SB 1 passed the Senate on January 18th by a vote of 19-14 and concurred in by the Assembly on January 20th with a 57-36 vote. The bill was signed into law as 2011 Wisconsin Act 2 on January 27th, 2011. | Support |
