Amendment AA3-AB453

LRBa1502/1

RPN:bjk:jf

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2009 ASSEMBLY BILL 453

February 25, 2010 - Offered by Representative Staskunas.

AB453-AA3,1,1 At the locations indicated, amend the bill as follows:

AB453-AA3,1,3 1. Page 1, line 3: after "child" insert "and limits on recovery against the state and local political subdivisions".

AB453-AA3,1,4 2. Page 2, line 18: after that line insert:

AB453-AA3,1,5 " Section 4d. 893.587 (4) of the statutes is created to read:

AB453-AA3,1,8 893.587 (4) The limits on the amount recoverable under ss. 893.80 (3) and 893.82 (6) do not apply to an action to recover damages for a cause of action described under sub. (2).

AB453-AA3, s. 5g Section 5g. 893.80 (3) of the statutes is amended to read:

AB453-AA3,2,10 893.80 (3) Except as provided in this subsection and s. 893.587 (4), the amount recoverable by any person for any damages, injuries or death in any action founded on tort against any volunteer fire company organized under ch. 181 or 213, political corporation, governmental subdivision or agency thereof and against their officers, officials, agents or employees for acts done in their official capacity or in the course of their agency or employment, whether proceeded against jointly or severally, shall not exceed $50,000. The Except as provided in s. 893.587 (4), the amount recoverable under this subsection shall not exceed $25,000 in any such action against a volunteer fire company organized under ch. 181 or 213 or its officers, officials, agents or employees. If Except as provided in s. 893.587 (4), if a volunteer fire company organized under ch. 181 or 213 is part of a combined fire department, the $25,000 limit still applies to actions against the volunteer fire company or its officers, officials, agents or employees. No punitive damages may be allowed or recoverable in any such action under this subsection.

AB453-AA3, s. 6m Section 6m. 893.82 (6) of the statutes is amended to read:

AB453-AA3,2,18 893.82 (6) The Except as provided in s. 893.587 (4), the amount recoverable by any person or entity for any damages, injuries or death in any civil action or civil proceeding against a state officer, employee or agent, or against a nonprofit corporation operating a museum under a lease agreement with the state historical society, including any such action or proceeding based on contribution or indemnification, shall not exceed $250,000. No punitive damages may be allowed or recoverable in any such action.".

AB453-AA3,2,19 (End)