(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.
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.
155,48
Section
48. 895.4803 (title) of the statutes is created to read:
895.4803 (title) Civil liability exemption; information concerning paternity.
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.
155,49
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:
895.525 (title) Participation in recreational activities; restrictions on civil liability, assumption of risk.
Note: Makes title more specific to clarify the applicability of the statute.
155,57
Section
57
. 895.527 (title) of the statutes is amended to read:
895.527 (title) Sport shooting range activities; limitations on liability and restrictions on operation.
Note: Makes title more specific to clarify the applicability of the statute.
155,58
Section
58. 895.53 (title) of the statutes is amended to read:
895.53 (title) Liability
Civil and criminal liability exemption; tests for intoxication.
Note: Conforms title to other section titles within Subchapter II of Chapter 895, consistent with the subject matter of the section.
155,59
Section
59. 895.555 (title) of the statutes is amended to read:
895.555 (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.
155,60
Section
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.
155,61
Section
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.
155,62
Section
62. 895.70 of the statutes is renumbered 895.441, and 895.441 (title), as renumbered, is amended to read:
895.441 (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.
155,63
Section
63. 895.71 of the statutes is renumbered 895.442, and 895.442 (title) and (5), as renumbered, are amended to read:
895.442 (title) Sexual exploitation by a member of the clergy; action for.
(5) Silence agreements. Any contract or agreement concerning the settlement of any claim under this section that limits or eliminates the right of the injured person to disclose the sexual contact described under sub. (2) to another member of the religious organization to which the member of the clergy under sub. (2) belongs, to a therapist, as defined in s. 895.70 895.441 (1) (e), to a person listed under s. 48.981 (2) (a), or to a district attorney, is void.
