SB492: Bill Text

SB492,13,8 895.37 (title) Abrogation of defenses in employee personal injury actions.

Note: Makes title more specific to clarify the applicability of the statute.

SB492, s. 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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 43 Section 43. Subchapter II (title) of Chapter 895 [precedes 895.475] of the statutes is created to read:

SB492,14,1 Chapter 895

SB492,14,4 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.

SB492, s. 44 Section 44. 895.48 (title) of the statutes is amended to read:

SB492,14,8 895.48 (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.

SB492, s. 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:

SB492,14,11 895.4802 (1) (intro.) In this subsection section:

SB492,14,12 (3) (intro.) The immunity under par. (b) sub. (2) does not extend to any person:

SB492,14,17 (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.

SB492,14,19 (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.

SB492, s. 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.

SB492, s. 47 Section 47. 895.4802 (title) of the statutes is created to read:

SB492,15,3 895.4802 (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.

SB492, s. 48 Section 48. 895.4803 (title) of the statutes is created to read:

SB492,15,6 895.4803 (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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 53 Section 53. 895.51 (title) of the statutes is amended to read:

SB492,15,13 895.51 (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.

SB492, s. 54 Section 54. 895.515 (title) of the statutes is amended to read:

SB492,16,3 895.515 (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.

SB492, s. 55 Section 55. 895.517 (title) of the statutes is amended to read:

SB492,16,6 895.517 (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.

SB492, s. 56 Section 56 . 895.525 (title) of the statutes is amended to read:

SB492,16,9 895.525 (title) Participation in recreational activities; restrictions on civil liability, assumption of risk.

Note: Makes title more specific to clarify the applicability of the statute.

SB492, s. 57 Section 57 . 895.527 (title) of the statutes is amended to read:

SB492,16,12 895.527 (title) Sport shooting range activities; limitations on liability and restrictions on operation.

Note: Makes title more specific to clarify the applicability of the statute.

SB492, s. 58 Section 58. 895.53 (title) of the statutes is amended to read:

SB492,16,15 895.53 (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.

SB492, s. 59 Section 59. 895.555 (title) of the statutes is amended to read:

SB492,16,17 895.555 (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.

SB492, s. 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.

SB492, s. 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.

SB492, s. 62 Section 62. 895.70 of the statutes is renumbered 895.441, and 895.441 (title), as renumbered, is amended to read:

SB492,17,4 895.441 (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.

SB492, s. 63 Section 63. 895.71 of the statutes is renumbered 895.442, and 895.442 (title) and (5), as renumbered, are amended to read:

SB492,17,7 895.442 (title) Sexual exploitation by a member of the clergy; action for.

SB492,17,13 (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.

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 Section 64. 895.73 of the statutes is renumbered 895.45, and 895.45 (title), as renumbered, is amended to read:

SB492,17,17 895.45 (title) Service representatives for adult abusive conduct complainants.

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 Section 65. 895.75 of the statutes is renumbered 895.443, and 895.443 (title), as renumbered, is amended to read:

SB492,18,4 895.443 (title) Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

Note: Moves s. 895.75, Physical injury, emotional distress, loss or damage suffered by members of certain groups, which allows for recovery for emotional damages in certain actions, 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. 66 Section 66. 895.76 of the statutes is renumbered 895.455.

Note: Moves s. 895.76, Limits on recovery by prisoners, 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. 67 Section 67. 895.77 of the statutes is renumbered 895.444, and 895.444 (title), as renumbered, is amended to read:

SB492,18,8 895.444 (title) Injury caused by criminal gang activity; action for.

Note: Moves s. 895.77, Injury caused by criminal gang activity, which creates 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. 68 Section 68. 895.78 of the statutes is renumbered 895.457.

Note: Moves s. 895.78, Limiting felon's right to damages, 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. 69 Section 69. 895.79 of the statutes is renumbered 895.445, and 895.445 (title), as renumbered, is amended to read:

SB492,18,12 895.445 (title) Damage to certain machines ; action for.

Note: Moves s. 895.79, Damage to certain machines, which creates 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. 70 Section 70. 895.80 of the statutes is renumbered 895.446, and 895.446 (title), as renumbered, is amended to read:

SB492,19,3 895.446 (title) Property damage or loss caused by crime; action for.