Wisconsin Legislature: 155,33

Subchapter I
Damages, Recovery, and
Miscellaneous Provisions
Regarding Actions in Courts

Note: Chapter 895 is divided into two subchapters, one for exemptions to liability and one for all other provisions currently contained in chapter 895 that are directly related to court actions.

155,29 Section 29. 895.045 (2) of the statutes is amended to read:

895.045 (2) Concerted action. Notwithstanding sub. (1), if 2 or more parties act in accordance with a common scheme or plan, those parties are jointly and severally liable for all damages resulting from that action, except as provided in s. 895.85 895.043 (5).

Note: Section 895.85 is renumbered s. 895.043 by this bill.

155,30 Section 30. 895.10 of the statutes is renumbered 995.10.

Note: Moves s. 895.10, Tobacco product agreement, to new Chapter 995, Miscellaneous Statutes.

155,31 Section 31. 895.11 of the statutes is renumbered 995.11.

Note: Moves s. 895.11, Payments under the tobacco settlement agreement, to new Chapter 995, Miscellaneous Statutes.

155,32 Section 32. 895.12 of the statutes is renumbered 995.12, and 995.12 (1) (b), (e), (h), (j) and (k), (2) (a) 1., 5. c., d. and g., 7. and 8. and (b) 2. a. and b., (3) (a), (4) (b) and (c) and (12) as renumbered, are amended to read:

995.12 (1) (b) "Cigarette" has the meaning given in s. 895.10 995.10 (1) (d).

(e) "Master settlement agreement" has the meaning given in s. 895.10 995.10 (1) (e).

(h) "Qualified escrow fund" has the meaning given in s. 895.10 995.10 (1) (f).

(j) "Tobacco product manufacturer" has the meaning given in s. 895.10 995.10 (1) (i).

(k) "Units sold" has the meaning given in s. 895.10 995.10 (1) (j).

(2) (a) 1. Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the attorney general a certification to the department and attorney general, no later than the 30th day of April each year, certifying that as of that date the tobacco product manufacturer is either a participating manufacturer or is in full compliance with s. 895.10 995.10 (2) (b).

5. c. That the nonparticipating manufacturer is in full compliance with this section and s. 895.10 995.10.

d. The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required under s. 895.10 995.10 (2) (b).

g. The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other qualified escrow fund into which it ever made escrow payments under s. 895.10 995.10 (2) (b).

7. A nonparticipating manufacturer may not include a brand family in its certification unless it affirms that the brand family constitutes its cigarettes for purposes of s. 895.10 995.10.

8. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of s. 895.10 995.10.

(b) 2. a. An escrow payment required under s. 895.10 995.10 (2) (b) for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general.

b. Any outstanding final judgment, including interest on that judgment, for a violation of s. 895.10 995.10 has not been fully satisfied for the brand family or manufacturer.

(3) (a) Requirement for agent for service of process. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory under sub. (2) (b), appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against it concerning or arising out of the enforcement of this section and s. 895.10 995.10, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to the attorney general.

(4) (b) Disclosure of information. The department is authorized to disclose to the attorney general any information received under this section and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this section. The department and attorney general shall share with each other the information received under this section, and may share such information with other federal, state, or local agencies only for purposes of enforcement of this section, s. 895.10 995.10, or corresponding laws of other states.

(c) Verification of qualified escrow fund. The attorney general may require at any time from the nonparticipating manufacturer proof, from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with s. 895.10 995.10, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit into the fund, and the amount and date of each withdrawal from the fund.

(12) Construction. If a court finds that the provisions of this section and of s. 895.10 995.10 conflict and cannot be harmonized, then the provisions of s. 895.10 995.10 shall control. If any part of this section causes s. 895.10 995.10 to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this section is not valid.

Note: Moves s. 895.12, Certification under the tobacco settlement agreement, to new Chapter 995, Miscellaneous Statutes. Section 895.10 is renumbered to s. 995.10 by this bill.

155,33 Section 33. 895.20 of the statutes is renumbered 995.20.

Note: Moves s. 895.20, Legal holidays, to new Chapter 995, Miscellaneous Statutes.

155,34 Section 34. 895.22 of the statutes is renumbered 995.22.

Note: Moves s. 895.22, Wisconsin family month, week and Sunday, to new Chapter 995, Miscellaneous Statutes.

155,35 Section 35. 895.225 of the statutes is renumbered 995.225.

Note: Moves s. 895.225, Fire Prevention Week, to new Chapter 995, Miscellaneous Statutes.

155,36 Section 36. 895.23 of the statutes is renumbered 995.23.

Note: Moves s. 895.23 Indian Rights Day, to new Chapter 995, Miscellaneous Statutes.

155,37 Section 37. 895.36 (title) of the statutes is amended to read:

895.36 (title) Process against corporation or limited liability company officer.

Note: Makes title more specific to clarify the applicability of the statute.

155,38 Section 38. 895.37 (title) of the statutes is amended to read:

895.37 (title) Abrogation of defenses in employee personal injury actions.

Note: Makes title more specific to clarify the applicability of the statute.

155,39 Section 39. 895.38 of the statutes is renumbered 112.09.

Note: Moves s. 895.38, Surety, how discharged, to Chapter 112, Fiduciaries, for more logical placement.

155,40 Section 40. 895.41 of the statutes is renumbered 103.165.

Note: Moves s. 895.41, Employee's cash bonds to be held in trust; duty of employer; penalty, to Chapter 103, Employment Regulations, for more logical placement.

155,41 Section 41. 895.437 of the statutes is renumbered 134.96.

Note: Moves s. 895.437, Use of lodging establishments, which contains various regulations relating to the use of lodging establishments for purposes relating to alcohol consumption by minors and illegal use of controlled substances and allowing lodging establishments to require a deposit when lodging is applied for, to Chapter 134, Miscellaneous Trade Regulations, for more logical placement.

155,42 Section 42. 895.44 of the statutes is renumbered 895.475.

Note: Moves s. 895.44, Exemption from civil liability for furnishing safety inspection or advisory services, so that it is located in Subchapter II, Exemptions From Liability.

155,43 Section 43. Subchapter II (title) of Chapter 895 [precedes 895.475] of the statutes is created to read:

Chapter 895

Subchapter II
Exemptions From, And Limitations
on, Liability

Note: Ch. 895 is divided into two subchapters, one for exemptions to liability and one for all other provisions currently contained in ch. 895 that are directly related to court actions.

155,44 Section 44. 895.48 (title) of the statutes is amended to read:

895.48 (title) Civil liability exemption; emergency medical care, athletic events health care, hazardous substances and information concerning paternity.

Note: This bill renumbers s. 895.48 (2) and (3) to be separate sections because the subject matter of each, actions regarding hazardous materials emergencies and distributing information to new parents about paternity, does not relate to emergency medical care. The bill retains under s. 895.48 subsections (1), (1m), and (4), which relate to emergency medical care.

155,45 Section 45. 895.48 (2) of the statutes is renumbered 895.4802, and 895.4802 (1) (intro.), (3) (intro.) and (4) (b) and (c) as renumbered, are amended to read:

895.4802 (1) (intro.) In this subsection section:

(3) (intro.) The immunity under par. (b) sub. (2) does not extend to any person:

(4) (b) The good faith of any hazardous substance predictor or any person who provides the technology to make a prediction is presumed in any civil action. Any person who asserts that the acts or omissions under subd. 1. par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.

(c) The immunity under subd. 1. par. (a) does not extend to any person described under par. (c) 1., 2. or 3 sub. (3) (a), (b), or (c).

Note: This bill renumbers s. 895.48 (2) to be a separate section, s. 895.4802, because the subject matter, actions regarding hazardous materials emergencies, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

155,46 Section 46. 895.48 (3) of the statutes is renumbered 895.4803.

Note: This bill renumbers s. 895.48 (3) to be a separate section, s. 895.4803, because the subject matter, distributing information to new parents about paternity, does not relate to emergency medical care, the subject of s. 895.48 after treatment by this bill.

155,47 Section 47. 895.4802 (title) of the statutes is created to read:

895.4802 (title) Civil liability exemption; hazardous materials.

155,48 Section 48. 895.4803 (title) of the statutes is created to read:

895.4803 (title) Civil liability exemption; information concerning paternity.

155,49 Section 49. 895.49 of the statutes is renumbered 895.447.

Note: Moves s. 895.49, Certain agreements to limit or eliminate tort liability void, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, And Miscellaneous Provisions Regarding Actions In Courts.

155,50 Section 50. 895.495 of the statutes is renumbered 895.448.

Note: Moves s. 895.495, Safety devices on farm equipment, ordinary negligence, so that it is not located in Subchapter II, Exemptions From Liability, and is located in Subchapter I, Damages, Recovery, And Miscellaneous Provisions Regarding Actions In Courts.

155,51 Section 51. 895.50 of the statutes is renumbered 995.50.

Note: Moves s. 895.50, Right of privacy, to new Chapter 995, Miscellaneous Statutes.

155,52 Section 52. 895.505 of the statutes is renumbered 134.97.

Note: Moves s. 895.505, Disposal of records containing personal information, which is applicable to financial institutions, medical businesses, and tax preparation businesses, to Chapter 134, Miscellaneous Trade Regulations, for more logical placement.

155,53 Section 53. 895.51 (title) of the statutes is amended to read:

895.51 (title) Liability Civil liability exemption: food donation, sale or distribution.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

155,54 Section 54. 895.515 (title) of the statutes is amended to read:

895.515 (title) Liability Civil liability exemption; equipment or technology donation.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

155,55 Section 55. 895.517 (title) of the statutes is amended to read:

895.517 (title) Liability Civil liability exemption: solid waste donation or sale.

Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.

155,56 Section 56 . 895.525 (title) of the statutes is amended to read: