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Legislative Update

Posted by State Senator Jim Sullivan on Oct. 26, 2009 | 24 comments

Fairness for Victims Act, Sullivan, Tort, Intentional Harm, Department of Transportation, DOT, Motorcycle Safety, Roads, U-turn, Personal Flotation Devices, Children, Indoor Air Quality, Schools

Four bills that I authored passed the Senate last week. Read about each piece of legislation below:

Senate Bill 182: The Fairness for Victims Act

Right now, if you are injured as a result of another person’s negligence, you have three years to file a lawsuit. But if someone hurts you in an intentional act, you only have two years to take action. That means if you slip on your neighbor’s walk, you have a three-year window to file suit. But if your neighbor punches you in the face, you have only two years.

It seems counterintuitive to essentially cut a break to a wrongdoer in the case of intentional harm. This bill will level the playing field by giving victims of intentional and unintentional acts three years to file suit.

The bill was inspired by stories of unjust treatment for victims of intentional harm, including a high profile case in 2004 where delinquents spread plastic wrap from one side of the road to the other on a darkened street.  Two bikers crashed their motorcycles as a result. The victims filed suit a little over two years later, expecting the usual three year statute of limitations that applies in most accident cases, only to learn they had missed the statute of limitations deadline simply because the delinquents’ act was intentional.

Due to financial and other barriers to the courts, it can sometimes take several years to prepare for and file a claim, even when a victim has a strong case.   

Senate Bill 278: U-Turns

This bill will help clear up congestion and confusion on Wisconsin roadways. Current law prohibits a driver from making a U-turn at a controlled intersection, even when there is no sign specifically prohibiting U-turns. Wisconsin is currently the only state to completely prohibit U-turns at controlled intersections. 

Senate Bill 278 will allow drivers to perform U-turns at controlled intersections unless there is a sign specifically prohibiting it.  Making traffic laws easier to understand is a major component in making our roads less dangerous. Legalizing U-turns where safe will also allow for lower traffic congestion and better access to businesses.

Senate Bill 162: Personal Flotation Devices for Children

This bill is a mirror of the federal regulations that require all children twelve or under to wear a lifejacket in federal waterways.  It would require all children under ten to have a lifejacket on if the boat is in motion (not tied up or stationary with an anchor) in all Wisconsin waters.

Wisconsin is currently one of only two states that do not have a lifejacket requirement for children.

Senate Bill 41: Indoor Environmental Quality

Senate Bill 41 will help give schools a protocol to follow when dealing with indoor environmental quality issues.  It requires the Department of Public Instruction (DPI) to convene a task force to develop a model management plan for indoor environmental quality in public and private schools.  Using the DPI plan as a model, school districts will be able to adopt a plan that best meets the needs of their community.

28 states already have laws regarding indoor air quality in schools, and it is important to help schools in Wisconsin solve their indoor air quality issues.  An informal survey and records requests from the Wisconsin Department of Commerce and the former Wisconsin Department of Health and Family Services identified almost 100 school buildings with concerns about indoor environmental quality. 

Failure to prevent and respond to indoor air problems promptly can have grave consequences for our teachers and students, including health problems, reduced performance and absenteeism.  This legislation has support from the Association of Wisconsin School Administrators, the Wisconsin Association of School Boards, the Wisconsin Association of School Business Administrators, the Wisconsin Council for Administrators of Special Services, and the Wisconsin Education Association Council (WEAC). The bill passed by a vote of 27 to 5.

All of the above bills will now head to the Assembly.