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LRB-2838/1
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September 2011 Special Session
2011 - 2012 LEGISLATURE
October 11, 2011 - Introduced by Committee on Senate Organization, by request
of Governor Scott Walker, Senator Zipperer, and Representative Farrow.
Referred to Committee on Judiciary, Utilities, Commerce, and Government
Operations.
SB14,1,3 1An Act to renumber and amend 807.01 (4) and 815.05 (8); to amend 814.04
2(4); and to create 807.01 (4) (b) and 815.05 (8) (b) of the statutes; relating to:
3interest rates on judgments in certain civil actions.
Analysis by the Legislative Reference Bureau
Under current law, interest accrues on a judgment involving the recovery of
money at the rate of 12 percent per year from the date of entry of judgment until the
judgment is paid. Also under current law, if an offer of settlement is made and
rejected, the party making the offer of settlement prevails, and the judgment is
greater than or equal to the offer of settlement, interest accrues on the amount
recovered at the rate of 12 percent from the date of the offer of settlement until the
amount is paid.
This bill changes the interest rate on judgments for the recovery of money in
civil actions in tort, in actions brought by a customer to enforce rights under
Wisconsin's Consumer Act, and in consumer protection actions commenced by the
Department of Agriculture, Trade and Consumer Protection (DATCP) to an annual
rate of 1 percent plus the prime rate in effect on the day the judgment is entered, as
reported by the Federal Reserve Board, until the amount is paid. This bill also
changes the interest rate on amounts recovered by a party who prevails in a civil
action in tort or, if the party is a customer, in an action brought to enforce rights under
the Wisconsin Consumer Act, or in a consumer protection action commenced by
DATCP, after that party made an offer of settlement that was rejected, to an annual
rate of 1 percent plus the prime rate, as reported by the Federal Reserve Board, in

effect on the day the judgment is entered from the date of the offer of settlement until
the amount is paid.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB14, s. 1 1Section 1. 807.01 (4) of the statutes is renumbered 807.01 (4) (a) and amended
2to read:
SB14,2,83 807.01 (4) (a) If Except as provided in par. (b), if there is an offer of settlement
4by a party under this section which is not accepted and the party recovers a judgment
5which is greater than or equal to the amount specified in the offer of settlement, the
6party is entitled to interest at the annual rate of 12% on the amount recovered from
7the date of the offer of settlement until the amount is paid. Interest under this
8section paragraph is in lieu of interest computed under ss. 814.04 (4) and 815.05 (8).
SB14, s. 2 9Section 2. 807.01 (4) (b) of the statutes is created to read:
SB14,2,1910 807.01 (4) (b) If, in a civil action in tort, in an action brought by a customer to
11enforce rights under chs. 421, to 427, or in a consumer protection action commenced
12by the department of agriculture, trade and consumer protection, there is an offer of
13settlement by a party under this section which is not accepted and the party recovers
14a judgment which is greater than or equal to the amount specified in the offer of
15settlement, the party is entitled to interest at an annual rate equal to 1 percent plus
16the prime rate in effect on the day the judgment is entered, as reported by the federal
17reserve board in federal reserve statistical release H.15 on the amount recovered
18from the date of the offer of settlement until the amount is paid. Interest under this
19paragraph is in lieu of interest computed under ss. 814.04 (4) and 815.05 (8).
SB14, s. 3 20Section 3. 814.04 (4) of the statutes is amended to read:
SB14,3,4
1814.04 (4) Interest on verdict. Except as provided in s. ss. 807.01 (4) and
2815.05 (8)
, if the judgment is for the recovery of money, interest at the rate of 12%
3per year from the time of verdict, decision or report until judgment is entered shall
4be computed by the clerk and added to the costs.
SB14, s. 4 5Section 4. 815.05 (8) of the statutes is renumbered 815.05 (8) (a) and amended
6to read:
SB14,3,107 815.05 (8) (a) Except as provided in par. (b) and s. 807.01 (4), every execution
8upon a judgment for the recovery of money shall direct the collection of interest at
9the rate of 12% per year on the amount recovered from the date of the entry of the
10judgment until it is paid.
SB14, s. 5 11Section 5. 815.05 (8) (b) of the statutes is created to read:
SB14,3,1912 815.05 (8) (b) An execution upon a judgment for the recovery of money in a civil
13action founded in tort, in an action brought by a customer to enforce rights under chs.
14421 to 427, or in a consumer protection action commenced by the department of
15agriculture, trade and consumer protection shall direct the collection of interest at
16an annual rate equal to 1 percent plus the prime rate in effect on the day the
17judgment is entered, as reported by the federal reserve board in federal reserve
18statistical release H.15 on the amount recovered from the date of the entry of the
19judgment until it is paid.
SB14, s. 6 20Section 6. Initial applicability.
SB14,3,2221 (1) This act first applies to an execution on a judgment entered on the effective
22date of this subsection.
SB14,3,2323 (End)
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