SB492: Bill Text

LRB-0953/1

BEM:cjs:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 492

December 27, 2005 - Introduced by Law Revision Committee. Referred to Committee on Judiciary, Corrections and Privacy.

SB492,1,3 An Act relating to: renumbering and reorganizing various provisions of chapter 895 of the statutes and creating chapter 995 of the statutes. (Revisor's Revision Bill).

Analysis by the Legislative Reference Bureau

This bill is proposed under authority of s. 13.93 (1) (b) for the purpose of renaming chapter 895 of the statutes from "Miscellaneous General Provisions" to "Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts" to more accurately reflect the chapter's contents, to reorganize statutes within chapter 895 of the statutes into subchapters, and to move unrelated material into a new chapter 995 of the statutes titled "Miscellaneous Statutes." Chapter 895 was originally numbered as chapter 331 by Chapter 4, Laws of 1925, as part of Title XXX, Provisions Common to Actions and Proceedings in all Courts, indicating that the original intent was to create a chapter for miscellaneous provisions relating to court proceedings. Over time miscellaneous provisions unrelated to courts have been placed in chapter 895, apparently due to its title. This bill returns chapter 895 to being a chapter related to court proceedings and creates a new chapter for truly miscellaneous statutes unrelated to courts and not falling within the subject area of any other chapter. In accordance with current drafting style, commas before the last item in a series are added throughout this bill. "Which" is replaced by "that" where grammatically correct. Specific changes are explained in the Notes provided by the revisor of statutes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Note: This bill is not intended to make any substantive changes.

SB492, s. 1 Section 1. 35.095 (1) (c) of the statutes is amended to read:

SB492,2,3 35.095 (1) (c) "Working day" means each day except Saturdays, Sundays, and federal and statewide legal holidays designated in s. 895.20 995.20.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 2 Section 2. 66.0601 (2) of the statutes is amended to read:

SB492,2,7 66.0601 (2) Celebration of holidays. A town, county, school board, or school district may appropriate money for the purpose of initiating or participating in appropriate celebrations of any legal holiday listed in s. 895.20 995.20.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 3 Section 3. 101.58 (2) (g) of the statutes is amended to read:

SB492,2,9 101.58 (2) (g) "Legal holiday" has the meaning provided in s. 895.20 995.20.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 4 Section 4. 106.52 (3) (d) of the statutes is amended to read:

SB492,2,17 106.52 (3) (d) Nothing in this subsection prohibits a domestic abuse services organization, as defined in s. 895.67 995.67 (1) (b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes.

Note: Section 895.67 is renumbered s. 995.67 by this bill.

SB492, s. 5 Section 5. 134.43 (3) of the statutes is amended to read:

SB492,3,3 134.43 (3) Any person who is the victim of an intrusion of privacy under this section is entitled to relief under s. 895.50 995.50 (1) and (4) unless the act is permissible under ss. 968.27 to 968.37.

Note: Section 895.50 is renumbered s. 995.50 by this bill.

SB492, s. 6 Section 6. 146.38 (3) (dm) of the statutes is amended to read:

SB492,3,6 146.38 (3) (dm) With regard to an action under s. 895.70 895.441, to a court of record after issuance of a subpoena;

Note: Section 895.70 is renumbered s. 895.441 by this bill.

SB492, s. 7 Section 7. 146.38 (3) (e) of the statutes is amended to read:

SB492,3,9 146.38 (3) (e) With regard to any criminal matter, to a court of record, in accordance with chs. 885 to 895 and 995 and after issuance of a subpoena; and

Note: Parts of ch. 895 are renumbered to ch. 995 by this bill.

SB492, s. 8 Section 8. 168.05 (2) and (4) of the statutes are amended to read:

SB492,3,18 168.05 (2) If such petroleum product is received on a regular business day between the hours of 7:45 a.m. and 4:30 p.m., such notice shall be given forthwith upon receipt of such petroleum product. If received at any other time, such notice shall be given between the next succeeding hours of 7:45 a.m. and 10 a.m. of a regular business day. Provided, that if any petroleum product is received on Saturday, Sunday, or any legal holiday, designated in s. 895.20 995.20, such notice shall be given on the next following regular business day between the hours of 7:45 a.m. and 10 a.m.

SB492,4,4 (4) For the purpose of this section, the following shall constitute a reasonable length of time in which an inspector shall take the sample herein required: If notice is properly given to an inspector before the hour of 11:45 a.m., the inspector shall take such sample before the hour of 4:30 p.m. of the day; if notice is properly given between the hours of 11:45 a.m. and 4:30 p.m., such sample shall be taken before the hour of 11:45 a.m. of the next following regular business day. Saturdays, Sundays, and legal holidays, designated in s. 895.20 995.20, shall not be considered regular business days.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 9 Section 9. 175.35 (1) (c) of the statutes is amended to read:

SB492,4,7 175.35 (1) (c) "Working day" means each day except Saturday, Sunday, or a legal holiday under s. 895.20 995.20.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 10 Section 10. 187.33 (3) (a) 5. of the statutes is amended to read:

SB492,4,11 187.33 (3) (a) 5. Proceedings based upon a cause of action for which the volunteer is immune from liability under s. 146.31 (2) and (3), 146.37, 895.44 895.475, 895.48, 895.4802, 895.4803, 895.482, 895.51, or 895.52.

Note: Section 895.44 is renumbered s. 895.475, and s. 895.48 (2) and (3) are renumbered ss. 895.4802 and 895.4803, by this bill.

SB492, s. 11 Section 11. 187.43 (3) (a) 5. of the statutes is amended to read:

SB492,4,15 187.43 (3) (a) 5. Proceedings based upon a cause of action for which the volunteer is immune from liability under s. 146.31 (2) and (3), 146.37, 895.44 895.475, 895.48, 895.4802, 895.4803, 895.482, 895.51, or 895.52.

Note: Section 895.44 is renumbered s. 895.475, and s. 895.48 (2) and (3) are renumbered ss. 895.4802 and 895.4803, by this bill.

SB492, s. 12 Section 12. 215.26 (5) of the statutes is amended to read:

SB492,4,21 215.26 (5) Legal holidays. The division shall designate such of the legal holidays listed in s. 895.20 995.20 as days on which no association may transact business or be open for the purpose of transacting business. For purposes of this subsection, operation of a remote service unit as defined in s. 215.13 (46) (a) 1. or an unstaffed facility does not constitute the transaction of business.

Note: Section 895.20 is renumbered s. 995.20 by this bill.

SB492, s. 13 Section 13 . Subchapter IV (title) of chapter 230 [precedes 230.90] of the statutes is created to read:

SB492,5,3 Chapter 230