1 | 1 | | LRB-0504/1 |
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2 | 2 | | EAW:emw&wlj |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 59 |
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5 | 5 | | February 23, 2023 - Introduced by Representatives SORTWELL, STEFFEN, BEHNKE, |
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6 | 6 | | DUCHOW, GREEN, GUNDRUM, MURPHY, MURSAU, PENTERMAN and TUSLER, |
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7 | 7 | | cosponsored by Senators WANGGAARD and TAYLOR. Referred to Committee on |
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8 | 8 | | Judiciary. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to renumber and amend 949.01 (6), 949.03 (intro.), (1m), (2), (3) and |
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11 | 11 | | (4) and 949.05; to amend 949.035 (1), 949.04 (3), 949.06 (1) (intro.), 949.06 (3) |
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12 | 12 | | (intro.), 949.08 (1), (1m) (a) and (2) (a) and (b) and 949.15 (1); and to create |
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13 | 13 | | 949.01 (6) (b), 949.03 (2m), 949.05 (2m) and 949.06 (3m) of the statutes; |
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14 | 14 | | relating to: providing victim compensation for damage to a building by means |
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15 | 15 | | of fire or explosives. |
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16 | 16 | | Analysis by the Legislative Reference Bureau |
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17 | 17 | | This bill adds intentional damage to a building by means of fire or explosives |
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18 | 18 | | to the types of injury that may be compensated under the victim compensation |
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19 | 19 | | program. |
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20 | 20 | | Under current law, the Department of Justice administers a program that |
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21 | 21 | | compensates victims and their relatives for economic loss due to personal injury or |
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22 | 22 | | death that results from the commission of a crime. Allowable expenses include loss |
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23 | 23 | | of income, medical treatments, replacement value for property held for evidence, and |
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24 | 24 | | certain other types of expenses that are not paid by insurance or paid for by the |
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25 | 25 | | perpetrator of the crime. Under current law, a person may not receive an award |
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26 | 26 | | under the victim compensation program unless the victim suffered personal injury |
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27 | 27 | | or death as a result of the crime, and the allowable expenses to be paid do not |
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28 | 28 | | generally include property damage as a result of the crime. Current law limits the |
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29 | 29 | | amount to be paid for each personal injury or death to $40,000. |
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35 | 35 | | 6 - 2 -2023 - 2024 Legislature LRB-0504/1 |
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36 | 36 | | EAW:emw&wlj |
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37 | 37 | | ASSEMBLY BILL 59 |
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38 | 38 | | Under the bill, if a building is intentionally damaged by means of fire or |
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39 | 39 | | explosives, the owner of the building may receive compensation from the victim |
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40 | 40 | | compensation program. The amount of the award is equal to the difference between |
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41 | 41 | | the amount paid by insurance and the cost of necessary repairs or the fair market |
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42 | 42 | | value of the building, whichever is less. The bill maintains the $40,000 cap on an |
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43 | 43 | | award from the victim compensation program for damage to a building. |
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44 | 44 | | For further information see the state fiscal estimate, which will be printed as |
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45 | 45 | | an appendix to this bill. |
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46 | 46 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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47 | 47 | | enact as follows: |
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48 | 48 | | SECTION 1. 949.01 (6) of the statutes is renumbered 949.01 (6) (intro.) and |
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49 | 49 | | amended to read: |
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50 | 50 | | 949.01 (6) (intro.) “Victim" “Victim,” except as provided under s. 949.165, |
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51 | 51 | | means a any of the following: |
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52 | 52 | | (a) A person who is injured or killed by an incident specified in s. 949.03 (1m) |
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53 | 53 | | (1) (a), or by any act or omission of any other person that is within the description |
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54 | 54 | | of any of the offenses listed in s. 949.03 (2) (1) (b) or within the description of the |
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55 | 55 | | offense listed and the condition provided in s. 949.03 (4). This definition does not |
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56 | 56 | | apply to s. 949.165 (1) (d). |
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57 | 57 | | SECTION 2. 949.01 (6) (b) of the statutes is created to read: |
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58 | 58 | | 949.01 (6) (b) A person who owns a building that was damaged or destroyed by |
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59 | 59 | | means of fire or explosives under s. 943.02. |
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60 | 60 | | SECTION 3. 949.03 (intro.), (1m), (2), (3) and (4) of the statutes are renumbered |
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61 | 61 | | 949.03 (1) (intro.), (a), (b), (c) and (d), and 949.03 (1) (a), as renumbered, is amended |
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62 | 62 | | to read: |
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63 | 63 | | 949.03 (1) (a) Preventing or attempting to prevent the commission of a crime; |
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64 | 64 | | apprehending or attempting to apprehend a suspected criminal; aiding or |
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65 | 65 | | attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding |
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83 | 83 | | 18 - 3 -2023 - 2024 Legislature |
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84 | 84 | | LRB-0504/1 |
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85 | 85 | | EAW:emw&wlj |
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86 | 86 | | SECTION 3 |
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87 | 87 | | ASSEMBLY BILL 59 |
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88 | 88 | | or attempting to aid a victim of a crime specified in sub. (2) par. (b); or aiding or |
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89 | 89 | | attempting to aid a victim of the crime specified and the condition provided in sub. |
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90 | 90 | | (4) par. (d). |
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91 | 91 | | SECTION 4. 949.03 (2m) of the statutes is created to read: |
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92 | 92 | | 949.03 (2m) The department may order the payment of an award for damage |
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93 | 93 | | to a building that results from a violation of s. 943.02. |
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94 | 94 | | SECTION 5. 949.035 (1) of the statutes is amended to read: |
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95 | 95 | | 949.035 (1) If a Wisconsin resident suffers injury or death in a situation |
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96 | 96 | | described in s. 949.03 (1) except that the act occurred outside this state, the resident |
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97 | 97 | | has the same rights under this subchapter as if the act had occurred in this state |
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98 | 98 | | upon a showing that the state, territory, country or political subdivision of a country |
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99 | 99 | | in which the act occurred does not have a compensation of victims of crimes law which |
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100 | 100 | | covers the injury or death suffered by the person. |
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101 | 101 | | SECTION 6. 949.04 (3) of the statutes is amended to read: |
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102 | 102 | | 949.04 (3) MEDICAL AND DENTAL RECORDS. The For an application for an award |
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103 | 103 | | payment under s. 949.03 (1), the applicant shall submit to the department reports |
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104 | 104 | | from all physicians, osteopaths, dentists, optometrists, chiropractors or podiatrists |
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105 | 105 | | who treated or examined the victim at the time of or subsequent to the victim's injury |
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106 | 106 | | or death. The department may also order such other examinations and reports of the |
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107 | 107 | | victim's previous medical and dental history, injury or death as it believes would be |
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108 | 108 | | of material aid in its determination. |
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109 | 109 | | SECTION 7. 949.05 of the statutes is renumbered 949.05 (1m), and 949.05 (1m) |
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110 | 110 | | (intro.), as renumbered, is amended to read: |
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111 | 111 | | 949.05 (1m) (intro.) In any case in which a person is injured or killed by an |
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112 | 112 | | incident specified in s. 949.03 (1m) (1) (a), by any act or omission of any other person |
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137 | 137 | | 25 - 4 -2023 - 2024 Legislature LRB-0504/1 |
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138 | 138 | | EAW:emw&wlj |
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139 | 139 | | SECTION 7 ASSEMBLY BILL 59 |
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140 | 140 | | that is within the description of crimes under s. 949.03 (2) (1) (b) or by any act or |
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141 | 141 | | omission of any person that is within the description of the crime listed and the |
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142 | 142 | | condition provided under s. 949.03 (4) (1) (d), the department may order the payment |
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143 | 143 | | of an award: |
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144 | 144 | | SECTION 8. 949.05 (2m) of the statutes is created to read: |
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145 | 145 | | 949.05 (2m) In any case in which a building is damaged or destroyed by means |
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146 | 146 | | of fire or explosives under s. 943.02, the department may order the payment of an |
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147 | 147 | | award to the owner of the building. If 2 or more persons have ownership interest in |
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148 | 148 | | the building, the department shall apportion the award among the persons. |
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149 | 149 | | SECTION 9. 949.06 (1) (intro.) of the statutes is amended to read: |
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150 | 150 | | 949.06 (1) (intro.) In accordance with this subchapter, the department shall |
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151 | 151 | | make awards, as appropriate, for any of the following economic losses incurred as a |
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152 | 152 | | direct result of an injury under s. 949.03 (1): |
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153 | 153 | | SECTION 10. 949.06 (3) (intro.) of the statutes is amended to read: |
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154 | 154 | | 949.06 (3) (intro.) Any award made under this section shall be reduced by the |
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155 | 155 | | amount of any payment received, or to be received, as a result of the injury or, death, |
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156 | 156 | | or property damage: |
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157 | 157 | | SECTION 11. 949.06 (3m) of the statutes is created to read: |
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158 | 158 | | 949.06 (3m) For damage to a building under s. 949.03 (2m), the department |
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159 | 159 | | may make an award for the difference between the amount paid by insurance for the |
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160 | 160 | | damage, if any, and the lesser of the following, as proven by the victim: |
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161 | 161 | | (a) The amount of necessary repairs. |
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162 | 162 | | (b) The fair market value of the building. |
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163 | 163 | | SECTION 12. 949.08 (1), (1m) (a) and (2) (a) and (b) of the statutes are amended |
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164 | 164 | | to read: |
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189 | 189 | | 25 - 5 -2023 - 2024 Legislature |
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190 | 190 | | LRB-0504/1 |
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191 | 191 | | EAW:emw&wlj |
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192 | 192 | | SECTION 12 |
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193 | 193 | | ASSEMBLY BILL 59 |
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194 | 194 | | 949.08 (1) No order for the payment of an award may be made unless the |
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195 | 195 | | application was made within 1 year after the date of the personal injury or, death, or |
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196 | 196 | | property damage, and the personal injury or, death, or property damage was the result |
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197 | 197 | | of an incident or offense which had been reported to the police within 5 days of its |
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198 | 198 | | occurrence or, if the incident or offense could not reasonably have been reported within |
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199 | 199 | | such period, within 5 days of the time when a report could reasonably have been made. |
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200 | 200 | | The department may waive the requirements under this subsection in the interest of |
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201 | 201 | | justice. |
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202 | 202 | | (1m) (a) Except as provided in par. (b), the department may not make an award |
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203 | 203 | | of more than $40,000 for any one injury or, death, or damaged property and the |
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204 | 204 | | department may not make any award for expenses incurred after 4 years from the |
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205 | 205 | | date of the injury or, death, or property damage. |
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206 | 206 | | (2) (a) Engaged in conduct which substantially contributed to the infliction |
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207 | 207 | | of the victim's injury or, death, or property damage or in which the victim could |
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208 | 208 | | have reasonably foreseen could lead to the injury or, death, or property damage. |
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209 | 209 | | This does not apply to awards to victims under s. 949.03 (1m) (1) (a). |
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210 | 210 | | (b) Committed a crime which caused or contributed to the victim's injury or, |
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211 | 211 | | death, or property damage. |
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212 | 212 | | SECTION 13. 949.15 (1) of the statutes is amended to read: |
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213 | 213 | | 949.15 (1) Whenever the department orders the payment of an award under |
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214 | 214 | | this subchapter as a result of the occurrence of an event that creates a cause of action |
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215 | 215 | | on the part of a claimant against any person, the department is subrogated to the |
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216 | 216 | | rights of the claimant and may bring an action against the person for the amount of |
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217 | 217 | | the damages sustained by the claimant. If an amount greater than that paid under |
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218 | 218 | | the award order is recovered and collected in any such action, the department shall |
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243 | 243 | | 25 - 6 -2023 - 2024 Legislature LRB-0504/1 |
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244 | 244 | | EAW:emw&wlj |
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245 | 245 | | SECTION 13 ASSEMBLY BILL 59 |
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246 | 246 | | pay the balance to the claimant. If the person responsible for the injury or, death, |
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247 | 247 | | or property damage has previously made restitution payments to the general fund |
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248 | 248 | | under s. 973.20, any judgment obtained by the department under this section shall |
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249 | 249 | | be reduced by the amount of the restitution payments to the general fund. |
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250 | 250 | | (END) |
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