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LRB-4314/1
SWB:cdc
2021 - 2022 LEGISLATURE
September 10, 2021 - Introduced by Representatives Tittl, Armstrong,
Brandtjen, Cabral-Guevara, Dittrich, Edming, Gundrum, Horlacher,
Mursau, Rozar, Subeck, Thiesfeldt and Knodl, cosponsored by Senators
Jacque and Ballweg. Referred to Committee on Judiciary.
AB538,1,2 1An Act to create 895.508 of the statutes; relating to: liability exemption for the
2provision of previously owned eyeglasses.
Analysis by the Legislative Reference Bureau
This bill establishes a liability exemption for charitable organizations for
damages arising out of providing previously owned eyeglasses. For purposes of the
bill, “charitable organizations” are certain organizations that are exempt from
federal income tax under section 501 (a) of the Internal Revenue Code.
Under the bill, a charitable organization is not liable for any damages arising
out of providing previously owned eyeglasses to an individual if the recipient of the
eyeglasses is at least 14 years old and the eyeglasses are provided without charge.
The bill also requires that the eyeglasses be provided by a licensed optometrist or
ophthalmologist who has either personally examined the individual who will receive
the eyeglasses and issued a prescription for the eyeglasses or personally consulted
with the licensed optometrist or ophthalmologist who issued the prescription for the
eyeglasses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB538,1 3Section 1 . 895.508 of the statutes is created to read:
AB538,2,2 4895.508 Liability exemption; provision of previously owned
5eyeglasses.
(1) In this section, “charitable organization” means an organization

1described in section 501 (c) of the Internal Revenue Code and exempt from federal
2income tax under section 501 (a) of the Internal Revenue Code.
AB538,2,4 3(2) A charitable organization is not liable for any damages arising out of
4providing previously owned eyeglasses to an individual if all of the following are true:
AB538,2,55 (a) The recipient of the eyeglasses is at least 14 years of age.
AB538,2,66 (b) The eyeglasses are provided without charge.
AB538,2,87 (c) For distribution of eyeglasses, the eyeglasses are provided by a licensed
8optometrist or ophthalmologist who has done any of the following:
AB538,2,109 1. Personally examined the individual who will receive the eyeglasses and
10issued a prescription for the eyeglasses.
AB538,2,1211 2. Personally consulted with the licensed optometrist or ophthalmologist who
12issued the prescription for the eyeglasses.
AB538,2,1313 (End)
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