| 1 | 1 | | LRB-0345/1 |
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| 2 | 2 | | ZDW:amn |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 81 |
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| 5 | 5 | | February 28, 2023 - Introduced by Representatives SPIROS, GREEN and NEDWESKI, |
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| 6 | 6 | | cosponsored by Senators JAMES, MARKLEIN and FEYEN. Referred to Committee |
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| 7 | 7 | | on Judiciary. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | AN ACT to amend 347.48 (2m) (g) of the statutes; relating to: recovery of |
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| 10 | 10 | | damages for failure to wear a safety belt. |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | This bill eliminates the cap on the amount that recovery for injuries or damages |
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| 13 | 13 | | may be reduced for failure to wear a safety belt. |
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| 14 | 14 | | Under current law, evidence of whether an individual complied with the |
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| 15 | 15 | | requirement to wear a safety belt for the operator of the motor vehicle and passengers |
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| 16 | 16 | | is admissible in a civil action for injuries or damages resulting from the use or |
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| 17 | 17 | | operation of a motor vehicle. If the individual failed to wear a safety belt, the recovery |
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| 18 | 18 | | for injuries or damages may be reduced by the amount determined to be caused by |
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| 19 | 19 | | the failure to wear a safety belt, but the reduction may not be more than 15 percent. |
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| 20 | 20 | | The bill allows the reduction in recovery but eliminates the 15-percent limit. |
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| 21 | 21 | | Under current law and under the bill, the calculation in reduction of recovery for |
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| 22 | 22 | | failure to wear a safety belt does not affect the determination of causal negligence |
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| 23 | 23 | | in the civil action. |
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| 24 | 24 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 25 | 25 | | enact as follows: |
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| 26 | 26 | | SECTION 1. 347.48 (2m) (g) of the statutes is amended to read: |
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| 27 | 27 | | 347.48 (2m) (g) Evidence of compliance or failure to comply with par. (b), (c), |
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| 28 | 28 | | or (d) is admissible in any civil action for personal injuries or property damage |
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| 33 | 33 | | 5 - 2 -2023 - 2024 Legislature LRB-0345/1 |
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| 34 | 34 | | ZDW:amn |
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| 35 | 35 | | SECTION 1 ASSEMBLY BILL 81 |
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| 36 | 36 | | resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045, |
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| 37 | 37 | | with respect to injuries or damages determined to have been caused by a failure to |
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| 38 | 38 | | comply with par. (b), (c), or (d), such a failure shall not may reduce the recovery for |
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| 39 | 39 | | those injuries or damages by more than 15 percent. This paragraph does not affect |
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| 40 | 40 | | the determination of causal negligence in the action. |
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| 41 | 41 | | (END) |
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