SB492: Bill Text

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

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: