SB492: Bill Text

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

SB492,5,6 Subchapter IV Employee freedom of speech protection

Note: Section 895.65 is renumbered s. 230.90 by this bill. Because that section is about a subject of the same kind as that in subch. III of ch. 230, but with a different legal and constitutional framework and history, subch. IV of ch. 230 is created for it by this bill.

SB492, s. 14 Section 14. 252.15 (5) (a) 11. of the statutes is amended to read:

SB492,5,14 252.15 (5) (a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician, based on information provided to the physician, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.

Note: Section 895.48 (2) and (3) are renumbered ss. 895.4802 and 895.4803 by this bill.

SB492, s. 15 Section 15. 252.15 (5m) (a) of the statutes is amended to read:

SB492,6,5 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, and if a physician, based on information provided to the physician, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d).

Note: Section 895.48 (2) and (3) are renumbered ss. 895.4802 and 895.4803 by this bill.

SB492, s. 16 Section 16. 253.10 (6) (b) of the statutes is amended to read:

SB492,6,10 253.10 (6) (b) A person who has been awarded damages under par. (a) shall, in addition to any damages awarded under par. (a), be entitled to not less than $1,000 nor more than $10,000 in punitive damages for a violation that satisfies a standard under s. 895.85 895.043 (3).

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

SB492, s. 17 Section 17. 285.61 (2) (a) 1. of the statutes is amended to read:

SB492,6,17 285.61 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified in s. 895.20 995.20, after receipt of the application the department shall provide written notice to the applicant describing specifically all of the plans, specifications, and any other information necessary to determine if the proposed construction, reconstruction, replacement, or modification will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

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

SB492, s. 18 Section 18. 285.62 (2) (a) 1. of the statutes is amended to read:

SB492,7,2 285.62 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified in s. 895.20 995.20, after receipt of the application the department shall provide written notice to the applicant describing specifically any additional information required under sub. (1) necessary to determine if the source, upon issuance of the permit, will meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.

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

SB492, s. 19 Section 19. 345.48 (1) of the statutes is amended to read:

SB492,7,5 345.48 (1) In this section, "working days" means all days except Saturdays, Sundays, and legal holidays under s. 895.20 995.20.

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

SB492, s. 20 Section 20. 562.01 (3m) of the statutes is amended to read:

SB492,7,8 562.01 (3m) "Business day" means a business day, as defined in s. 421.301 (6), that is not a legal holiday under s. 895.20 995.20 or a federal legal holiday.

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

SB492, s. 21 Section 21. 801.15 (1) (a) of the statutes is amended to read:

SB492,7,12 801.15 (1) (a) In this subsection, "holiday" means any day which that is a holiday provided in s. 230.35 (4) (a) or a statewide legal holiday provided in s. 895.20 995.20 or both, and a full day on Good Friday.

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

SB492, s. 22 Section 22. 813.122 (3) (b) 2. of the statutes is amended to read:

SB492,7,17 813.122 (3) (b) 2. That all persons, other than the parties, their attorneys, witnesses, child victim advocates, service representatives, as defined in s. 895.73 895.45 (1) (c), court personnel and any guardian ad litem, be excluded from any hearing under this section.

Note: Section 895.73 is renumbered s. 895.45 by this bill.

SB492, s. 23 Section 23. 814.04 (intro.) of the statutes, as affected by Supreme Court Order 03-06, is amended to read:

SB492,8,3 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 802.05, 895.035 (4), 895.10 (3), 895.75 895.443 (3), 895.77 895.444 (2), 895.79 895.445 (3), 895.80 895.446 (3), 943.212 (2) (b), 943.245 (2) (d) and, 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

Note: Sections 895.10, 895.75, 895.77, 895.79, and 895.80 are renumbered ss. 995.10, 895.443, 895.444, 895.445, and 895.446 by this bill.

SB492, s. 24 Section 24. 893.585 of the statutes is amended to read:

SB492,8,7 893.585 Sexual exploitation by a therapist. (1) Notwithstanding ss. 893.54, 893.55, and 893.57, an action under s. 895.70 895.441 for damages shall be commenced within 3 years after the cause of action accrues or be barred.

SB492,8,12 (2) If a person entitled to bring an action under s. 895.70 895.441 is unable to bring the action due to the effects of the sexual contact or due to any threats, instructions, or statements from the therapist, the period of inability is not part of the time limited for the commencement of the action, except that this subsection shall not extend the time limitation by more than 15 years.

SB492,8,13 (3) This section does not apply to damages incurred under s. 895.71 895.442.

Note: Section 895.70 is renumbered s. 895.441 by this bill, and s. 895.71 is renumbered s. 895.442 by this bill.

SB492, s. 25 Section 25. 893.587 of the statutes is amended to read:

SB492,8,18 893.587 Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, or 948.095 or would create a cause of action under s. 895.71 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.

Note: Section 895.71 is renumbered s. 895.442 by this bill.

SB492, s. 26 Section 26. 893.93 (1) (e) of the statutes is amended to read:

SB492,8,20 893.93 (1) (e) An action under s. 895.77 895.444.

Note: Section 895.77 is renumbered s. 895.444 by this bill.

SB492, s. 27 Section 27. Chapter 895 (title) of the statutes is amended to read:

SB492,9,4 Chapter 895 Damages, liability, and miscellaneous general provisions regarding actions in courts

Note: Makes chapter 895 (title) more specific.

SB492, s. 28 Section 28. Subchapter I (title) of chapter 895 [precedes 895.01] of the statutes is created to read:

SB492,9,7 Chapter 895

SB492,9,11 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.

SB492, s. 29 Section 29. 895.045 (2) of the statutes is amended to read:

SB492,9,16 895.045 (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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 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:

SB492,10,4 995.12 (1) (b) "Cigarette" has the meaning given in s. 895.10 995.10 (1) (d).

SB492,10,6 (e) "Master settlement agreement" has the meaning given in s. 895.10 995.10 (1) (e).

SB492,10,7 (h) "Qualified escrow fund" has the meaning given in s. 895.10 995.10 (1) (f).

SB492,10,9 (j) "Tobacco product manufacturer" has the meaning given in s. 895.10 995.10 (1) (i).

SB492,10,10 (k) "Units sold" has the meaning given in s. 895.10 995.10 (1) (j).

SB492,10,17 (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).

SB492,10,19 5. c. That the nonparticipating manufacturer is in full compliance with this section and s. 895.10 995.10.

SB492,10,22 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).

SB492,11,2 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).

SB492,11,5 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.

SB492,11,9 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.

SB492,11,13 (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.

SB492,11,16 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.

SB492,12,2 (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.

SB492,12,9 (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.

SB492,12,15 (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.