895.56(1)(b)
(b) "Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
895.56(2)
(2) A person is immune from liability arising under
s. 292.11 and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
895.56(2)(a)
(a) The acts or omissions by the person occurred while performing a contract entered into under
s. 84.06 (2), 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 entered into under
s. 84.06 (2) to perform labor or furnish materials.
895.56(2)(b)
(b) In the course of performing a contract described in
par. (a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
895.56(2)(c)
(c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under
s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
895.56(3)
(3) Subsection (2) does not apply to any person to whom any of the following applies:
895.56(3)(a)
(a) The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in
s. 292.01 (5).
895.56(3)(b)
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
895.56(3)(c)
(c) The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
895.56(3)(d)
(d) The person is under a previous or separate contract with a state agency, as defined in
s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
895.56(3)(e)
(e) The person causes personal injury or wrongful death.
895.56 History
History: 1997 a. 237.
895.57
895.57
Damages and immunity; unauthorized release of animals. 895.57(1)(ag)
(ag) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
895.57(2)
(2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12% per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.
895.57(3)
(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under
s. 29.865,
29.867,
29.869 or
29.871 or designated as a wildlife refuge under
s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
895.57(4)(a)(a) In this subsection, "security device" includes any of the following:
895.57(4)(a)2.
2. A theft alarm signal device, a burglar alarm or any other security alarm system or device.
895.57(4)(b)
(b) Subject to
par. (d), an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate
s. 943.75 (2) or
(2m).
895.57(4)(c)
(c) An owner or custodian of an animal that is released in violation of
s. 943.75 (2) or
(2m) is immune from liability for any damages caused by that released animal.
895.57(4)(d)
(d) The immunity provided to an owner or custodian of a confined animal under
par. (b) does not apply if the injury was caused by a security device that is intended or likely to cause death or great bodily harm, as defined in
s. 939.22 (14).
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 solid waste that is characterized for beneficial use in public works projects by the department of natural resources.
895.58(2)
(2) The department may characterize a solid waste for beneficial use in public works projects by rule, memorandum of understanding between itself and other state agencies or local governmental units, or on a case-by-case basis. The department shall compile and maintain a list of special wastes 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.
895.58(3)
(3) Special waste, when used in a public works project, is not subject to regulation as solid waste under
ch. 289.
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.
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 department of 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.
895.67
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.
