SB 613 — Relating to: limiting the recovery of noneconomic damages from a commercial motor vehicle carrier.

-Date 2024of LEGISLATUREenactment: LRB-4847/1 KRP:cjs SENATE BILL 613 November 7, 2023 - Introduced by Senator T OMCZYK , cosponsored by Representatives G UNDRUM , SPIROS, ARMSTRONG , CALLAHAN , DONOVAN , R ETTINGERand D ALLMAN.

ReferredSenate toBill Committee613 onDate Judiciaryof andpublication*: Public Safety.

WISCONSIN ACT A N A CT to createcreate895.30 895.30 of the statutes;

limiting the recovery of noneconomic damages from a commercialcommer- cial motor vehicle carrier.

AnalysisThe bypeople theof Legislative Reference Bureau This bill limits the totalstate amount of noneconomicWisconsin, damages,represented suchin as pain and suffering, that a person may recover from a commercial motor vehicle carrier for injury, death, or other loss resulting from an act or omission by an employee of the commercial motor vehicle carrier while acting within the scopesenate ofand employmentassembly, todo $1,000,000.enact as follows:

Thescope people of theemployment statemay ofnot Wisconsin,exceed represented$1,000,000. in senate and assembly, do enact as follows:

SECTION(3) A court in an action tried without a jury shallmake S ECTION 1.

a finding as to noneconomic damages without regard to 895.30 Claims against commercial motor vehicle carriers;the limit under sub.

(2).

If the court finds that noneco- carriers;

(a)nomic “Commercialdamages motorexceed vehicle”the meanslimit, athe motorcourt vehicleshall designedmake orany used(a) to“Commercial transportmotor propertyvehicle” andmeans havinga onemotor orvehi- morereduction ofrequired the characteristics described under s.

340.01895.045 (8)and (a),shall (b),award as noneconomic damages the lesser of the reduced amount cle designed or (d).used to transport property and having one or the limit.

-If 2024an Legislatureaction -is 2before -a LRB-4847/1jury, KRP:cjsthe SENATEjury BILLshall 613or Smore ECTIONof 1the (b)characteristics “Commercialdescribed motorunder vehicles. carrier" means any person that transports property by commercial motor vehicle upon the public highways.

(2)340.01 Themake total noneconomic damages a personfinding mayas recoverto fromnoneconomic adamages commercialwithout motor(8) vehicle(a), carrier(b), in a civil action founded on tort for injury, death, or other(d). loss resulting from an act or omission by an employee of the commercial motor vehicle carrier while acting within the scope of employment may not exceed $1,000,000.

(3)(b) A“Commercial courtmotor invehicle ancarrier” actionmeans triedany without a jury shall make a finding as to noneconomic damages without regard to the limit under sub.

If the courtjury finds that person that transports property by commercial motor noneconomic damages exceed the limit, the courtjury shall make any reduction required under s.

895.045895.045, and shall award as noneconomic damages the lesservehicle ofupon the reducedpublic amounthighways. or the limit.

Ifcourt anshall actionaward isas beforenoneconomic adamages jury, the jurylesser shallof make(2) aThe findingtotal as to noneconomic damages withouta regardperson tomay the limitreduced underamount sub.or the limit.

(2).recover from a commercial motor vehicle carrier in a SECTION 2.0Initial applicability.

Ifcivil theaction juryfounded findson tort for injury, death, or other loss (1) This act first applies to an act or omission that noneconomicresulting damagesfrom exceedan theact limit,or omission by an employee of the juryoccurs shallon makethe anyeffective reductiondate requiredof underthis s.subsection.

895.045,* andSection the991.11ISCONSINSTATUTE: court shall award as noneconomic damages the lesser of the reduced amount or the limit.

SEffective ECTIONdate 2.Initialof applicability.acts.

(1)“Every This act firstand appliesevery toportion of an act orenacted omissionby thatthe occurslegislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the effectiveday after its date of thispublication.” subsection.

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