LRB-5431/2
RPN:skg&mkd:kat
1995 - 1996 LEGISLATURE
February 28, 1996 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary.
SB574,1,1
1An Act to amend 893.12 of the statutes;
relating to: statute of limitations.
Analysis by the Legislative Reference Bureau
Under current law, if a payment is made on behalf of an injured party, that
payment extends the time for the running of the statute limiting the time a person
has to commence an action to 3 years after the date of the last payment. In Parr v.
Milwaukee Building and Construction Trades, AFL-CIO, 177 Wis. 2d 140, 501 N.W.
2d 858 (Ct. App. 1993), the court states that the term "payment" is ambiguous
because it does not clarify whether a check tendered but not cashed is considered a
payment under the statute. The court decided that, if a check is not cashed, there
has not been a "payment" for purposes of running of the statute of limitations. This
bill codifies that court decision.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is introduced by the law revision
committee under s. 13.83 (1) (c) 1., stats. After careful consideration of the court of
appeals decision in Parr v. Milwaukee Building and Construction Trades, AFL-CIO, 177
Wis.2d 140, 501 N.W. 2d 858 (Ct. App. 1993), the law revision committee has determined
that codifying this decision is desirable as a matter of public policy.
SB574, s. 1
2Section
1. 893.12 of the statutes is amended to read:
SB574,2,4
3893.12 Advance payment of damages; limitation extended. The period
4fixed for the limitation for the commencement of actions, if a payment is made as
5described in s. 885.285 (1), shall be either the period of time remaining under the
1original statute of limitations or 3 years
from
after the date of the last payment made
2under s. 885.285 (1), whichever is greater.
If payment is by check, draft or other
3order, payment is considered made under s. 885.285 (1) when the check, draft or other
4order is cashed or negotiated.
