895.58
895.58
Liability exemption; use of special waste under public works contracts. 895.58(1)(a)
(a) "Department" means the department of natural resources.
895.58(1)(b)
(b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
895.58(1)(c)
(c) "Public works project" means any work done under contract to a state agency or local governmental unit.
895.58(1)(d)
(d) "Special waste" means any type of solid waste for which the department has granted a waiver or an exemption under
s. 289.43 (3),
(4),
(7), or
(8) or that is exempt by rule promulgated under
s. 289.05 (4).
895.58(2)
(2) The department may characterize a special waste as suitable for beneficial use in public works projects. The department shall compile and maintain a list of special wastes that are suitable for use in specified types of public works projects in a format readily available to the general public and only those special wastes may be required by contracting agencies to be used in a public works project. The list may include conditions under which the special waste may be used in the public works project in order for
subs. (3) and
(4) to be applicable. The list under this subsection is not a rule under
s. 227.01 (13).
895.58(3)
(3) Special waste, when used in a public works project, is exempt from regulation as solid waste under
ch. 289 if all of the applicable conditions included in the list compiled under
sub. (2) are met.
895.58(4)
(4) A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:
895.58(4)(a)
(a) The acts or omissions by the person occurred while performing work under a contract for a public works project including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in
s. 779.01 (2) (d), under a contract for a public works project to perform labor or furnish materials.
895.58(4)(b)
(b) The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.
895.58(5)
(5) Subsection (4) does not apply to any person to whom either of the following applies:
895.58(5)(a)
(a) The person's act or omission involved reckless, wanton or intentional misconduct.
895.58(5)(b)
(b) The person's act or omission resulted in injury or death to an individual.
895.58 History
History: 1999 a. 9,
185;
2003 a. 88.
895.59
895.59
Liability exemption; disclosure of rule violations. 895.59(2)
(2) Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. The rule promulgated under this subsection shall include the reduction or waiver of penalties for a voluntary disclosure, by a small business, of actual or potential violations of rules or guidelines. The rule promulgated under this subsection may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. The rule promulgated under this subsection shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses and shall include all of the following situations in which discretion is not allowed:
895.59(2)(a)
(a) The agency discovers the violation before the small business discloses the violation.
895.59(2)(b)
(b) The violation is disclosed after an agency audit or inspection of the small business has been scheduled.
895.59(2)(c)
(c) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.
895.59(2)(d)
(d) The violation results in a substantial economic advantage for the small business.
895.59(2)(e)
(e) The small business has repeatedly violated the same rule or guideline.
895.59(2)(f)
(f) The violation may result in an imminent endangerment to the environment, or to public health or safety.
895.59 History
History: 2003 a. 145.
895.65
895.65
Government employer retaliation prohibited. 895.65(1)(a)
(a) "Disciplinary action" means any action taken with respect to an employee which has the effect, in whole or in part, of a penalty.
895.65(1)(b)
(b) "Employee" means any person employed by any governmental unit except:
895.65(1)(b)1.
1. A person employed by the office of the governor, the courts, the legislature or a service agency under
subch. IV of ch. 13.
895.65(1)(b)2.
2. A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under
s. 20.923.
895.65(1)(c)
(c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.
895.65(1)(d)
(d) "Information" means information gained by the employee which the employee reasonably believes demonstrates:
895.65(1)(d)1.
1. A violation of any state or federal law, rule or regulation.
895.65(1)(d)2.
2. Mismanagement or abuse of authority in state government, a substantial waste of public funds or a danger to public health and safety.
895.65(2)
(2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the
first amendment to the U.S. constitution or
article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the office of state employment relations as an employer's agent.
895.65(3)
(3) If, following the close of all evidence in an action under this section, a court or jury finds that retaliation was the primary factor in an employer's or employer's agent's decision to engage in a disciplinary action, the court or jury may not consider any evidence offered by the employer or employer's agent that the employer or employer's agent would have engaged in the disciplinary action even if the employee had not disclosed, or the employer or employer's agent had not believed the employee disclosed, the information.
895.65(4)
(4) If the court or jury finds that the employer or employer's agent retaliated against the employee, the court shall take any appropriate action, including but not limited to the following:
895.65(4)(a)
(a) Order placement of the employee in his or her previous position with or without back pay.
895.65(4)(b)
(b) Order transfer of the employee to an available position for which the employee is qualified within the same governmental unit.
895.65(4)(c)
(c) Order expungement of adverse material relating to the retaliatory action or threat from the employee's personnel file.
895.65(4)(cm)
(cm) Order the employer to pay compensatory damages.
895.65(4)(d)
(d) Order the employer to pay the employee's reasonable attorney fees.
895.65(4)(e)
(e) Order the employer or employer's agent to insert a copy of the court order into the employee's personnel file.
895.65(4)(f)
(f) Recommend to the employer that disciplinary or other action be taken regarding the employer's agent, including but not limited to any of the following:
895.65(4)(f)1.
1. Placement of information describing the agent's action in his or her personnel file.
895.65 Annotation
The scope of an employee's protection under s. 895.65 is narrower than the protection afforded by the 1st amendment. Kmetz v. State Historical Society,
304 F. Supp 2d 1108 (2004).
895.67
895.67
Domestic abuse services; prohibited disclosures. 895.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
895.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
895.67(2)(a)(a) No employee or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
895.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
895.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
895.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
895.67 History
History: 1991 a. 228.
895.70
895.70
Sexual exploitation by a therapist. 895.70(1)(e)
(e) "Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
895.70(2)(a)(a) Any person who suffers, directly or indirectly, a physical, mental or emotional injury caused by, resulting from or arising out of sexual contact with a therapist who is rendering or has rendered to that person psychotherapy, counseling or other assessment or treatment of or involving any mental or emotional illness, symptom or condition has a civil cause of action against the psychotherapist for all damages resulting from, arising out of or caused by that sexual contact. Consent is not an issue in an action under this section, unless the sexual contact that is the subject of the action occurred more than 6 months after the psychotherapy, counseling, assessment or treatment ended.
895.70(2)(b)
(b) Notwithstanding
ss. 801.09 (1),
801.095,
802.04 (1) and
815.05 (1g) (a), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner that reasonably protects the information from being disclosed to the public.
895.70(2)(c)
(c) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect:
895.70(2)(c)1.
1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.
895.70(2)(c)2.
2. A plaintiff in an action under this section from unreasonably long, repetitive or burdensome physical or mental examinations.
895.70(2)(c)3.
3. The confidentiality of information which under law is confidential, until the information is provided in open court in an action under this section.
895.70(3)
(3) Punitive damages. A court or jury may award punitive damages to a person bringing an action under this section.
895.70(4)
(4) Calculation of statute of limitations. An action under this section is subject to
s. 893.585.
895.70(5)
(5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing, the department of health and family services, the injured patients and families compensation fund peer review council, or a district attorney is void.
