Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,453,7 (b) A person entitled to bring an action under this subsection may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.

SB40-ASA1-AA1,453,9 (c) A person entitled to bring an action under this subsection may recover only the following damages:

SB40-ASA1-AA1,453,13 1. Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use.

SB40-ASA1-AA1,453,14 2. Reasonable attorney fees.

SB40-ASA1-AA1,453,15 3. Costs of the suit, including reasonable expenses for expert testimony.

SB40-ASA1-AA1, s. 3775q Section 3775q. 895.11 of the statutes is created to read:

SB40-ASA1-AA1,453,19 895.11 Third-party cases and target communities. (1) A 3rd party may not pay damages awarded under s. 895.10, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.

SB40-ASA1-AA1,453,22 (2) A person whose participation in the illegal drug market constitutes the following level of offense shall be considered to have the following illegal drug market target community:

SB40-ASA1-AA1,453,24 (a) For a level 1 offense, all assembly districts that comprise the person's place of participation.

SB40-ASA1-AA1,454,2 (b) For a level 2 offense, the target community described in par. (a) plus all assembly districts with a border contiguous to that target community.

SB40-ASA1-AA1,454,4 (c) For a level 3 offense, the target community described in par. (b) plus all assembly districts with a border contiguous to that target community.

SB40-ASA1-AA1,454,5 (d) For a level 4 offense, the state.

SB40-ASA1-AA1, s. 3775r Section 3775r. 895.12 of the statutes is created to read:

SB40-ASA1-AA1,454,12 895.12 Joinder, responsibility, contribution, and standard of proof. (1) Joinder of parties. (a) Two or more persons may join in one action under s. 895.10 as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use related to one plaintiff's damages overlaps with the period of illegal drug use related to every other plaintiff's damages.

SB40-ASA1-AA1,454,14 (b) Two or more persons may be joined in one action under s. 895.10 as defendants if those persons are liable to at least one plaintiff.

SB40-ASA1-AA1,454,18 (c) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.

SB40-ASA1-AA1,454,20 (2) Comparative responsibility. (a) Section 895.045 applies to an action under s. 895.10.

SB40-ASA1-AA1,454,22 (b) The burden of proving the comparative negligence of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.

SB40-ASA1-AA1,454,24 (c) Comparative negligence may not be attributed to a plaintiff who is not an individual drug user.

SB40-ASA1-AA1,455,6 (3) Contribution among and recovery from multiple defendants. A person subject to liability under s. 895.10 has a right of action for contribution against another person subject to liability under that section. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with s. 895.10 and existing law against a person whom a defendant has asserted a right of contribution.

SB40-ASA1-AA1,455,11 (4) Standard of proof: effect of criminal drug conviction. (a) Proof of participation in the illegal drug market in an action brought under s. 895.10 shall be shown by clear and convincing evidence. Except as otherwise provided in this section and ss. 895.09, 895.10, 895.11, and 895.13, other elements of the cause of action shall be shown by a preponderance of the evidence.

SB40-ASA1-AA1,455,16 (b) A person against whom recovery is sought who has a criminal conviction under ch. 961 or 21 USC 801 to 971, is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the 2 years preceding the date of an act giving rise to a conviction.

SB40-ASA1-AA1,455,18 (c) The absence of a criminal conviction described under par. (b) of a person against whom recovery is sought does not bar an action against that person.

SB40-ASA1-AA1, s. 3775s Section 3775s. 895.13 of the statutes is created to read:

SB40-ASA1-AA1,456,2 895.13 Attachment, execution, and stay. (1) Except as provided in sub. (3), a plaintiff under s. 895.10 may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate court hearing. The court may lift the attachment if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.

SB40-ASA1-AA1,456,5 (2) A person against whom a judgment has been rendered under s. 895.10 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.

SB40-ASA1-AA1,456,10 (3) Any assets sought to satisfy a judgment in an action under s. 895.10 that are named in a forfeiture action or that have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

SB40-ASA1-AA1,456,12 (4) The district attorney may represent the state or a political subdivision of the state in an action brought under s. 895.10.

SB40-ASA1-AA1,456,16 (5) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under s. 895.10 shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.".

SB40-ASA1-AA1,456,17 2044. Page 1533, line 7: after that line insert:

SB40-ASA1-AA1,456,18 " Section 3775g. 895.046 of the statutes is created to read:

SB40-ASA1-AA1,456,20 895.046 Remedies against manufacturers, distributors, sellers, and promoters of products. (1) Definitions. In this section:

SB40-ASA1-AA1,456,22 (a) "Claimant" means a person seeking damages or other relief for injury or harm to a person or property caused by or arising from a product.

SB40-ASA1-AA1,457,3 (b) "Relevant production period" means the time period during which the specific product that allegedly caused the claimant's injury or harm was manufactured, distributed, sold, or promoted.

SB40-ASA1-AA1,457,10 (2) Applicability. This section applies to all actions in which a claimant alleges that the manufacturer, distributor, seller, or promoter of a product is liable for an injury or harm to a person or property, including actions based on allegations that the design, manufacture, distribution, sale, or promotion of, or instructions or warnings about, a product caused or contributed to a personal injury or harm to a person or property, a private nuisance, or a public nuisance, and to all related or independent claims, including unjust enrichment, restitution, or indemnification.

SB40-ASA1-AA1,457,16 (3) Remedy with specific product identification. Except as provided in sub. (4), the manufacturer, distributor, seller, or promoter of a product may be held liable in an action under sub. (2) only if the claimant proves, in addition to any other elements required to prove his or her claim, that the manufacturer, distributor, seller, or promoter of a product manufactured, distributed, sold, or promoted the specific product alleged to have caused the claimant's injury or harm.

SB40-ASA1-AA1,457,20 (4) Remedy without specific product identification. Subject to sub. (5), if a claimant cannot meet the burden of proof under sub. (3), the manufacturer, distributor, seller, or promoter of a product may be held liable for an action under sub. (2) only if the claimant proves all of the following:

SB40-ASA1-AA1,457,22 (a) That no other lawful process exists for the claimant to seek redress from another person for the injury or harm.

SB40-ASA1-AA1,457,25 (b) That the claimant has suffered an injury or harm that can be caused only by a product chemically identical to the specific product that allegedly caused the claimant's injury or harm.

SB40-ASA1-AA1,458,3 (c) That the manufacturer, distributor, seller, or promoter of a product manufactured, distributed, sold, or promoted a product that meets all of the following criteria:

SB40-ASA1-AA1,458,5 1. Is chemically identical to the specific product that allegedly caused the claimant's injury or harm.

SB40-ASA1-AA1,458,8 2. Was manufactured, distributed, sold, or promoted in this state during the time period in which the specific product that allegedly caused the claimant's injury or harm was manufactured, distributed, sold, or promoted.

SB40-ASA1-AA1,458,12 (dm) That the action names, as defendants, those manufacturers of a product who collectively, during the relevant production period, manufactured at least 80 percent of all products sold in this state that are chemically identical to the specific product that allegedly caused the claimant's injury or harm.

SB40-ASA1-AA1,458,18 (5) Limitation on liability. No manufacturer, distributor, seller, or promoter of a product is liable under sub. (4) if more than 25 years have passed between the date that the manufacturer, distributor, seller, or promoter of a product last manufactured, distributed, sold, or promoted a product chemically identical to the specific product that allegedly caused the claimant's injury and the date that the claimant's cause of action accrued.

SB40-ASA1-AA1,458,22 (6) Apportionment of liability. If more than one manufacturer, distributor, seller, or promoter of a product is found liable for the claimant's injury or harm under subs. (4) and (5), the court shall apportion liability among those manufacturers, distributors, sellers, and promoters, but that liability shall be several and not joint.".

SB40-ASA1-AA1,458,23 2045. Page 1533, line 8: delete lines 8 to 25.

SB40-ASA1-AA1,458,24 2046. Page 1534, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,459,1 2047. Page 1534, line 17: after that line insert:

SB40-ASA1-AA1,459,2 " Section 3778r. 904.16 of the statutes is created to read:

SB40-ASA1-AA1,459,9 904.16 Health care reports. Any reports that a state or federal regulatory agency requires a health care provider, as defined in s. 146.81 (1), to give or disclose to that state or federal regulatory agency and other information obtained by the state or federal regulatory agency regarding a health care provider may not be used as evidence in a civil or criminal action brought against the health care provider, except that those reports and information may be used as evidence in any administrative proceeding conducted by the state regulatory agency.".

SB40-ASA1-AA1,459,10 2048. Page 1534, line 17: after that line insert:

SB40-ASA1-AA1,459,11 " Section 3778q. 895.52 (6) (a) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,459,18 895.52 (6) (a) (intro.) The private property owner collects money, goods or services in payment for the use of the owner's property for the recreational activity during which the death or injury occurs, and the aggregate value of all payments received by the owner for the use of the owner's property for recreational activities during the year in which the death or injury occurs exceeds $2,000 $10,000. The following do not constitute payment to a private property owner for the use of his or her property for a recreational activity:".

SB40-ASA1-AA1,459,19 2049. Page 1534, line 18: delete lines 18 to 24.

SB40-ASA1-AA1,459,21 2050. Page 1535, line 1: delete the material beginning with that line and ending with page 1536, line 7.

SB40-ASA1-AA1,459,22 2051. Page 1536, line 7: after that line insert:

SB40-ASA1-AA1,459,24 " Section 3779e. 908.03 (6m) (d) of the statutes is renumbered 908.03 (6m) (d) 3. and amended to read:

SB40-ASA1-AA1,460,8 908.03 (6m) (d) 3. After December 31, 2002 the effective date of this paragraph .... [revisor inserts date], the department of health and family services shall, by rule, prescribe uniform fees for X-ray copies that are based on an approximation of actual costs. The fees, plus applicable tax, and are the maximum amount, plus applicable tax and the actual costs of postage or other means of delivering the requested records to the requester, that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs duplicate X-ray copies.

SB40-ASA1-AA1,460,11 4. For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c), (3g), and (3m) applies.

SB40-ASA1-AA1, s. 3779f Section 3779f. 908.03 (6m) (d) 1. and 2. of the statutes are created to read:

SB40-ASA1-AA1,460,16 908.03 (6m) (d) 1. Except as provided in subd. 2., the maximum amount that a health care provider may charge for certified duplicate patient health care records is $1 per page, plus applicable tax and the actual costs of postage or other means of delivering the requested records to the requester.

SB40-ASA1-AA1,460,23 2. For years beginning after 2007, fees specified under subd. 1. increase annually by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the year before the previous year, as determined by the federal department of labor. The department of health and family services shall specify this increase annually on the department's Web site.".

SB40-ASA1-AA1,460,24 2052. Page 1537, line 22: delete lines 22 to 25.

SB40-ASA1-AA1,461,1 2053. Page 1538, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,461,2 2054. Page 1539, line 1: delete lines 1 to 13.

SB40-ASA1-AA1,461,3 2055. Page 1539, line 18: delete lines 18 to 25.

SB40-ASA1-AA1,461,4 2056. Page 1540, line 1: delete lines 1 to 14.

SB40-ASA1-AA1,461,5 2057. Page 1541, line 22: delete lines 22 to 25.

SB40-ASA1-AA1,461,6 2058. Page 1542, line 1: delete lines 1 to 7.

SB40-ASA1-AA1,461,7 2059. Page 1544, line 23: delete lines 23 to 25.

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SB40-ASA1-AA1,461,9 2061. Page 1546, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,461,10 2062. Page 1547, line 1: delete lines 1 to 24.

SB40-ASA1-AA1,461,11 2063. Page 1548, line 1: delete lines 1 to 12.

SB40-ASA1-AA1,461,12 2064. Page 1548, line 23: delete lines 23 to 25.

SB40-ASA1-AA1,461,13 2065. Page 1549, line 1: delete lines 1 to 4.

SB40-ASA1-AA1,461,14 2066. Page 1549, line 18: delete lines 18 to 25.

SB40-ASA1-AA1,461,15 2067. Page 1550, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,461,16 2068. Page 1551, line 1: delete lines 1 to 11.

SB40-ASA1-AA1,461,17 2069. Page 1551, line 11: after that line insert:

SB40-ASA1-AA1,461,18 " Section 3834br. 939.48 (1m) of the statutes is created to read:

SB40-ASA1-AA1,462,2 939.48 (1m) (a) If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub. (1) and any of the following applies:

SB40-ASA1-AA1,462,6 1. The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's residence, the actor was present in the residence, and the actor knew or had reason to believe that an unlawful and forcible entry was occurring.

SB40-ASA1-AA1,462,10 2. The person against whom the force was used was in the actor's residence after unlawfully and forcibly entering it, the actor was present in the residence, and the actor knew or had reason to believe that the person had unlawfully and forcibly entered the residence.

SB40-ASA1-AA1,462,12 (b) The presumption described in par. (a) does not apply if any of the following applies:

SB40-ASA1-AA1,462,14 1. The actor was engaged in an unlawful activity or was using his or her residence to further an unlawful activity at the time.

SB40-ASA1-AA1,462,17 2. The person against whom the force was used was a peace officer who entered or attempted to enter the actor's residence in the performance of his or her official duties. This subdivision applies only if at least one of the following applies:

SB40-ASA1-AA1,462,19 a. The officer identified himself or herself to the actor before the force described in par. (a) was used by the actor.

SB40-ASA1-AA1,462,21 b. The actor knew or reasonably should have known that the person entering or attempting to enter his or her residence was a peace officer.".