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Bills · 2013-2014 Regular Session

AB 19

Became law Official bill text Atom feed

Relating to: torts and personal injury trusts. (FE)

Court — Procedure Damage _personal injury_ Public safety Trust fund Unemployment

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill creates discovery and scheduling requirements for certain types of tort

actions and limits a defendant's liability for a plaintiff's injury under certain

circumstances. Under the bill, a plaintiff who files a tort action must disclose, within

30 days after he or she files the action, whether he or she has filed or anticipates filing

a claim against a personal injury trust. A personal injury trust is a trust or

compensation fund that is established pursuant to a bankruptcy or other legal action

in order to compensate persons who file claims as a result of harm potentially

compensable in the plaintiff's tort action, for which the entity that established the

personal injury trust is alleged to be responsible.

Under the bill, if the plaintiff indicates that he or she has filed or anticipates

filing a claim against a personal injury trust, the bill requires the court to stay the

immediate proceedings until the plaintiff produces a final executed proof of claim

against the personal injury trust. The bill also allows a defendant to identify a

personal injury trust not named by the plaintiff, but against whom the defendant

believes the plaintiff has a legitimate claim. If the court agrees that there is a good

faith basis for the plaintiff to file a claim against the personal injury trust, the bill

requires the court to order the plaintiff to file a claim against the trust and stay the

proceedings until the plaintiff produces a final executed proof of claim against the

personal injury trust.

Under the bill, the plaintiff must provide all parties to his or her immediate suit

with all documents, records, trial or discovery materials, and other information

relevant to any claim against a personal injury trust. The bill allows any party to use

these materials in the immediate action to prove alternate causation of, or to allocate

liability for, the plaintiff's injury. The bill allows a defendant in the immediate action

to seek discovery from a personal injury trust against which the plaintiff has filed

or anticipates filing an action.

The bill requires the court to enter into the record a list that identifies each

personal injury the claim the plaintiff has made against a personal injury trust.

Under the bill, if a defendant in the immediate action is found liable for the

plaintiff's injury, the defendant is entitled to a setoff in the amount of any money the

plaintiff received from a personal injury trust for a substantially similar injury. If

the immediate action proceeds to trial before the plaintiff's claim against a personal

injury trust is resolved, the bill requires the court to establish an attributed value

to the plaintiff's claim against the personal injury trust and to afford the defendant

a setoff in that amount.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Honadel (R) , Jacque (R) , Kuglitsch (R) , Murphy (R) , Schraa (R) , Spiros (R) , Stone (R) , Strachota (R) , Thiesfeldt (R) , Weininger (R)

2 cosponsors

Grothman (R) , Lasee (R)

Votes

Assembly: Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 7, Noes 1

Passed 7–1 May 1, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 6, Noes 2

Passed 6–2 May 1, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Judiciary, Ayes 6, Noes 2

Passed 6–2 May 1, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 2 to Assembly Substitute Amendment 1 laid on table, Ayes 59, Noes 39

Passed 59–39 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 3 to Assembly Substitute Amendment 1 laid on table, Ayes 59, Noes 39

Passed 59–39 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Substitute Amendment 3 laid on table, Ayes 59, Noes 39

Passed 59–39 May 8, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 58, Noes 39

Passed 58–39 May 8, 2013 official source full page

Aye · 58

Nay · 39

Not voting · 2

Senate: Report concurrence recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

Passed 3–2 Oct 10, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Refused to refer to committee on Judiciary and Labor, Ayes 14, Noes 18

Failed 14–18 Mar 11, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Placed at the foot of the 12th on the calendar of 3-11-2014, Ayes 18, Noes 15

Passed 18–15 Mar 11, 2014 official source full page

Senate: Read a third time and concurred in as amended, Ayes 17, Noes 16

Passed 17–16 Mar 12, 2014 official source full page

Assembly: Assembly Amendment 1 to Senate Substitute Amendment 1 laid on table, Ayes 55, Noes 38

Passed 55–38 Mar 20, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Senate Substitute Amendment 1 concurred in, Ayes 55, Noes 38, Paired 2

Passed 55–38 Mar 20, 2014 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Feb 15, 2013 · Assembly

    Introduced by Representatives Jacque, Honadel, Kuglitsch, Murphy, Schraa, Spiros, Stone, Strachota, Thiesfeldt and Weininger; cosponsored by Senators Grothman and Lasee

  2. Feb 15, 2013 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Apr 4, 2013 · Assembly

    Fiscal estimate received

  4. Apr 4, 2013 · Assembly

    Public hearing held

  5. Apr 4, 2013 · Assembly

    Assembly Substitute Amendment 1 offered by Representative J. Ott

  6. Apr 9, 2013 · Assembly

    LRB corrections (Assembly Substitute Amendment 1)

  7. Apr 23, 2013 · Assembly

    Assembly Substitute Amendment 2 offered by Representative Wachs

  8. Apr 23, 2013 · Assembly

    LRB correction (Assembly Substitute Amendment 1)

  9. Apr 24, 2013 · Assembly

    Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative J. Ott

  10. Apr 25, 2013 · Assembly

    Executive action taken

  11. May 1, 2013 · Assembly

    Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 7, Noes 1

  12. May 1, 2013 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Committee on Judiciary, Ayes 6, Noes 2

  13. May 1, 2013 · Assembly

    Report passage as amended recommended by Committee on Judiciary, Ayes 6, Noes 2

  14. May 1, 2013 · Assembly

    Referred to Committee on Rules

  15. May 2, 2013 · Assembly

    Placed on calendar 5-8-2013 by Committee on Rules

  16. May 7, 2013 · Assembly

    Assembly Substitute Amendment 3 offered by Representatives Hebl, Wachs and Goyke

  17. May 7, 2013 · Assembly

    Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representatives Wachs, Hebl and Goyke

  18. May 7, 2013 · Assembly

    Assembly Amendment 3 to Assembly Substitute Amendment 1 offered by Representatives Wachs, Hebl and Goyke

  19. May 7, 2013 · Assembly

    Made a special order of business at 1:01 PM on 5-8-2013 pursuant to Assembly Resolution 9

  20. May 8, 2013 · Assembly

    Read a second time

  21. May 8, 2013 · Assembly

    Assembly Substitute Amendment 3 laid on table, Ayes 59, Noes 39

  22. May 8, 2013 · Assembly

    Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  23. May 8, 2013 · Assembly

    Assembly Amendment 2 to Assembly Substitute Amendment 1 placed after Assembly Amendment 3 to Assembly Substitute Amendment 1

  24. May 8, 2013 · Assembly

    Assembly Amendment 3 to Assembly Substitute Amendment 1 laid on table, Ayes 59, Noes 39

  25. May 8, 2013 · Assembly

    Assembly Amendment 2 to Assembly Substitute Amendment 1 laid on table, Ayes 59, Noes 39

  26. May 8, 2013 · Assembly

    Assembly Substitute Amendment 1 adopted

  27. May 8, 2013 · Assembly

    Ordered to a third reading

  28. May 8, 2013 · Assembly

    Rules suspended

  29. May 8, 2013 · Assembly

    Read a third time and passed, Ayes 58, Noes 39

  30. May 8, 2013 · Assembly

    Ordered immediately messaged

  31. May 9, 2013 · Senate

    Received from Assembly

  32. May 10, 2013 · Senate

    Read first time and referred to committee on Judiciary and Labor

  33. Oct 9, 2013 · Senate

    Executive action taken

  34. Oct 10, 2013 · Senate

    Report concurrence recommended by Committee on Judiciary and Labor, Ayes 3, Noes 2

  35. Oct 10, 2013 · Senate

    Available for scheduling

  36. Mar 7, 2014 · Senate

    Placed on calendar 3-11-2014 pursuant to Senate Rule 18(1)

  37. Mar 11, 2014 · Senate

    Placed at the foot of the 12th on the calendar of 3-11-2014, Ayes 18, Noes 15

  38. Mar 11, 2014 · Senate

    Senate Amendment 1 offered by Senators Carpenter, Hansen, L. Taylor, Vinehout, Shilling, Miller, T. Cullen, C. Larson and Lassa

  39. Mar 11, 2014 · Senate

    Senate Substitute Amendment 1 offered by Senator Grothman

  40. Mar 11, 2014 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senators Carpenter, Hansen, L. Taylor, Vinehout, Shilling, Miller, T. Cullen, C. Larson and Lassa

  41. Mar 11, 2014 · Senate

    Read a second time

  42. Mar 11, 2014 · Senate

    Senate Amendment 1 to Senate Substitute Amendment 1 laid on table

  43. Mar 11, 2014 · Senate

    Refused to refer to committee on Judiciary and Labor, Ayes 14, Noes 18

  44. Mar 11, 2014 · Senate

    Senate Substitute Amendment 1 adopted

  45. Mar 11, 2014 · Senate

    Ordered to a third reading

  46. Mar 12, 2014 · Senate

    Read a third time and concurred in as amended, Ayes 17, Noes 16

  47. Mar 12, 2014 · Senate

    Ordered immediately messaged

  48. Mar 12, 2014 · Assembly

    Received from Senate amended and concurred in as amended (Senate Substitute Amendment 1 adopted)

  49. Mar 18, 2014 · Assembly

    Referred to committee on Rules

  50. Mar 18, 2014 · Assembly

    Made a special order of business at 10:01 AM on 3-20-2014 pursuant to Assembly Resolution 28

  51. Mar 20, 2014 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 offered by Representatives Hebl, Goyke, Wachs and Hulsey

  52. Mar 20, 2014 · Assembly

    Assembly Amendment 1 to Senate Substitute Amendment 1 laid on table, Ayes 55, Noes 38

  53. Mar 20, 2014 · Assembly

    Senate Substitute Amendment 1 concurred in, Ayes 55, Noes 38, Paired 2

  54. Mar 20, 2014 · Assembly

    Action ordered immediately messaged

  55. Mar 26, 2014 · Assembly

    Report correctly enrolled on 3-26-2014

  56. Mar 26, 2014 · Assembly

    Presented to the Governor on 3-26-2014

  57. Mar 27, 2014 · Assembly

    Report approved by the Governor on 3-27-2014. 2013 Wisconsin Act 154

  58. Mar 27, 2014 · Assembly

    Published 3-28-2014