SB492,12,20
16(12) Construction. If a court finds that the provisions of this section and of
17s.
895.10 995.10 conflict and cannot be harmonized, then the provisions of s.
895.10 18995.10 shall control. If any part of this section causes s.
895.10 995.10 to no longer
19constitute a qualifying or model statute, as those terms are defined in the master
20settlement 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.
SB492, s. 33
21Section
33. 895.20 of the statutes is renumbered 995.20.
Note: Moves s. 895.20, Legal holidays, to new Chapter 995, Miscellaneous
Statutes.
SB492, s. 34
22Section
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.
SB492, s. 35
1Section
35. 895.225 of the statutes is renumbered 995.225.
Note: Moves s. 895.225, Fire Prevention Week, to new Chapter 995, Miscellaneous
Statutes.
SB492, s. 36
2Section
36. 895.23 of the statutes is renumbered 995.23.
Note: Moves s. 895.23 Indian Rights Day, to new Chapter 995, Miscellaneous
Statutes.
SB492, s. 37
3Section
37. 895.36 (title) of the statutes is amended to read:
SB492,13,5
4895.36 (title)
Process against corporation or limited liability company
5officer.
Note: Makes title more specific to clarify the applicability of the statute.
SB492, s. 38
6Section
38. 895.37 (title) of the statutes is amended to read:
SB492,13,8
7895.37 (title)
Abrogation of defenses
in employee personal injury
8actions.
Note: Makes title more specific to clarify the applicability of the statute.
SB492, s. 39
9Section
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.
SB492, s. 40
10Section
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.
SB492, s. 41
11Section
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.
SB492, s. 42
12Section
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.
SB492, s. 43
13Section
43. Subchapter II (title) of Chapter 895 [precedes 895.475] of the
14statutes is created to read:
SB492,14,42
Subchapter II
3
Exemptions From, And Limitations
4
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.
SB492, s. 44
5Section
44. 895.48 (title) of the statutes is amended to read:
SB492,14,8
6895.48 (title)
Civil liability exemption; emergency medical care,
7athletic events health care, hazardous substances and information
8concerning 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.
SB492, s. 45
9Section
45. 895.48 (2) of the statutes is renumbered 895.4802, and 895.4802
10(1) (intro.), (3) (intro.) and (4) (b) and (c) as renumbered, are amended to read:
SB492,14,1111
895.4802
(1) (intro.) In this
subsection section:
SB492,14,12
12(3) (intro.) The immunity under
par. (b) sub. (2) does not extend to any person:
SB492,14,17
13(4) (b) The good faith of any hazardous substance predictor or any person who
14provides the technology to make a prediction is presumed in any civil action. Any
15person who asserts that the acts or omissions under
subd. 1. par. (a) were not made
16in good faith has the burden of proving that assertion by clear and convincing
17evidence.
SB492,14,1918
(c) The immunity under
subd. 1. par. (a) does not extend to any person described
19under
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.
SB492, s. 46
1Section
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.
SB492, s. 47
2Section
47. 895.4802 (title) of the statutes is created to read:
SB492,15,3
3895.4802 (title)
Civil liability exemption; hazardous materials.
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.
SB492, s. 48
4Section
48. 895.4803 (title) of the statutes is created to read:
SB492,15,6
5895.4803 (title)
Civil liability exemption; information concerning
6paternity.
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.
SB492, s. 49
7Section
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.
SB492, s. 50
8Section
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.
SB492, s. 51
9Section
51. 895.50 of the statutes is renumbered 995.50.
Note: Moves s. 895.50, Right of privacy, to new Chapter 995, Miscellaneous
Statutes.
SB492, s. 52
10Section
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.
SB492, s. 53
11Section
53. 895.51 (title) of the statutes is amended to read:
SB492,15,13
12895.51 (title)
Liability
Civil liability exemption: food donation, sale or
13distribution.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 54
1Section
54. 895.515 (title) of the statutes is amended to read:
SB492,16,3
2895.515 (title)
Liability
Civil liability exemption; equipment or
3technology donation.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 55
4Section
55. 895.517 (title) of the statutes is amended to read:
SB492,16,6
5895.517 (title)
Liability
Civil liability exemption: solid waste donation
6or sale.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 56
7Section
56
. 895.525 (title) of the statutes is amended to read:
SB492,16,9
8895.525 (title)
Participation in recreational activities; restrictions on
9civil liability, assumption of risk.
Note: Makes title more specific to clarify the applicability of the statute.
SB492, s. 57
10Section
57
. 895.527 (title) of the statutes is amended to read:
SB492,16,12
11895.527 (title)
Sport shooting range activities; limitations on liability
12and restrictions on operation.
Note: Makes title more specific to clarify the applicability of the statute.
SB492, s. 58
13Section
58. 895.53 (title) of the statutes is amended to read:
SB492,16,15
14895.53 (title)
Liability
Civil and criminal liability exemption; tests for
15intoxication.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 59
16Section
59. 895.555 (title) of the statutes is amended to read:
SB492,16,17
17895.555 (title)
Liability
Civil liability exemption; anhydrous ammonia.
Note: Conforms title to other section titles within Subchapter II of Chapter 895,
consistent with the subject matter of the section.
SB492, s. 60
18Section
60
. 895.65 of the statutes is renumbered 230.90.
Note: Moves s. 895.65, Government employer retaliation prohibited, which
prohibits government employers from retaliating, by engaging in disciplinary action,
against employees lawfully disclosing information, to ch. 230, State Employment
Relations, for more logical placement.
SB492, s. 61
1Section
61. 895.67 of the statutes is renumbered 995.67.
Note: Moves s. 895.67, Domestic abuse services; prohibited disclosures, to new
Chapter 995, Miscellaneous Statutes.
SB492, s. 62
2Section
62. 895.70 of the statutes is renumbered 895.441, and 895.441 (title),
3as renumbered, is amended to read:
SB492,17,4
4895.441 (title)
Sexual exploitation by a therapist; action for.
Note: Moves s. 895.70, Sexual exploitation by a therapist, which provides a cause
of action, 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. Makes title more specific to clarify the applicability of the statute.
SB492, s. 63
5Section
63. 895.71 of the statutes is renumbered 895.442, and 895.442 (title)
6and (5), as renumbered, are amended to read:
SB492,17,7
7895.442 (title)
Sexual exploitation by a member of the clergy; action for.
SB492,17,13
8(5) Silence agreements. Any contract or agreement concerning the settlement
9of any claim under this section that limits or eliminates the right of the injured
10person to disclose the sexual contact described under sub. (2) to another member of
11the religious organization to which the member of the clergy under sub. (2) belongs,
12to a therapist, as defined in s.
895.70 895.441 (1) (e), to a person listed under s. 48.981
13(2) (a), or to a district attorney, is void.
Note: Moves s. 895.71, Sexual exploitation by a member of the clergy, which
provides a cause of action, 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. Makes title more specific to clarify the
applicability of the statute. Section 895.70 is renumbered s. 895.441 by this bill.
SB492, s. 64
14Section
64. 895.73 of the statutes is renumbered 895.45, and 895.45 (title), as
15renumbered, is amended to read:
SB492,17,17
16895.45 (title)
Service representatives
for adult abusive conduct
17complainants.
Note: Moves s. 895.73, Service representatives, which allows adult abuse victims
appearing in court to have a service representative present, 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. Makes title more
specific to clarify the applicability of the statute.
SB492, s. 65
1Section
65. 895.75 of the statutes is renumbered 895.443, and 895.443 (title),
2as renumbered, is amended to read: