(3) Measure of liability. (a) Except as provide in par. (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation with the successor corporation. Subject to par. (b), the successor corporation does not have responsibility for any successor asbestos-related liabilities in excess of this limitation.
(b) If the transferor to the successor corporation had assumed or incurred successor asbestos-related liability in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation is substituted for the limitation under par. (a) for purposes of determining the limitation on liability of the successor corporation.
(4) Establishing the fair market value of total gross assets. (a) A successor corporation may establish the fair market value of total gross assets for purposes of the limitations under sub. (3) by any reasonable method, including any of the following:
1. By reference to the going concern value of the assets.
2. By reference to the purchase price attributable to or paid for the assets in an arms-length transaction.
3. In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) To the extent that total gross assets include liability insurance that was issued to the transferor whose assets are being valued under this subsection, the applicability, terms, conditions, and limits of the insurance are not affected by this section. This section does not affect the rights and obligations of an insurer, transferor, or successor corporation under any insurance contract or related agreement, including all of the following:
1. A preenactment settlement resolving a coverage-related dispute.
2. The right of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions.
3. The right of an insurer to seek contribution from a successor corporation for an uninsured or self-insured period or for a period when insurance is uncollectible or unavailable.
(c) Subject to par. (b), to the extent that total gross assets include any liability insurance, a settlement of a dispute concerning the liability insurance coverage entered into by the transferor or successor corporation with the insurer of the transferor before the effective date of this paragraph .... [LRB inserts date], shall be determinative of the total coverage of the liability insurance for inclusion in the calculation of the transferor's total gross assets.
(5) Adjustment of fair market value. (a) Except as provided in pars. (b) to (d), the fair market value of the total gross assets at the time of the merger or consolidation with the transferor shall increase annually at a rate equal to the sum of the following:
1. The weekly prime rate for the first week of each calendar year since the merger or consolidation, as reported by the federal reserve board in federal reserve statistical release H. 15.
2. One percent.
(b) The rate under par. (a) may not be compounded.
(c) The adjustment of the fair market value of the total gross assets shall continue as provided in par. (a) until the date that the adjusted fair market value of the total gross assets is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor of the successor corporation or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of the total gross assets is determined.
(d) No adjustment of the fair market value of total gross assets may be applied to any liability insurance that is included in the definition of total gross assets under sub. (4) (b).
(6) Liberal construction intended. This section shall be liberally construed to effect its purposes with regard to successor corporations.
28,3284
Section
3284. 905.05 (title) of the statutes is amended to read:
905.05 (title) Husband-wife and domestic partner privilege.
28,3285
Section
3285. 905.05 (1), (2) and (3) (a), (b), (c) and (d) of the statutes are amended to read:
905.05 (1) General rule of privilege. A person has a privilege to prevent the person's spouse or former spouse or domestic partner or former domestic partner from testifying against the person as to any private communication by one to the other made during their marriage or domestic partnership. As used in this section, "domestic partner" means a domestic partner under ch. 770.
(2) Who may claim the privilege. The privilege may be claimed by the person or by the spouse or domestic partner on the person's behalf. The authority of the spouse or domestic partner to do so is presumed in the absence of evidence to the contrary.
(3) (a) If both spouses or former spouses or domestic partners or former domestic partners are parties to the action.
(b) In proceedings in which one spouse or former spouse or domestic partner or former domestic partner is charged with a crime against the person or property of the other or of a child of either, or with a crime against the person or property of a 3rd person committed in the course of committing a crime against the other.
(c) In proceedings in which a spouse or former spouse or domestic partner or former domestic partner is charged with a crime of pandering or prostitution.
(d) If one spouse or former spouse or domestic partner or former domestic partner has acted as the agent of the other and the private communication relates to matters within the scope of the agency.
28,3285gb
Section 3285gb. 908.03 (6m) (title) of the statutes is amended to read:
908.03 (6m) (title) Health
Patient health care provider records.
28,3285gc
Section 3285gc. 908.03 (6m) (a) of the statutes is renumbered 908.03 (6m) (a) (intro.) and amended to read:
908.03 (6m) (a) Definition. (intro.) In this subsection, "health:
1. Health care provider" means a massage therapist or bodyworker issued a certificate under ch. 460, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician assistant licensed under ch. 448, or a health care provider as defined has the meanings given in s. ss. 146.81 (1) and 655.001 (8).
28,3285ge
Section 3285ge. 908.03 (6m) (a) 2. of the statutes is created to read:
908.03 (6m) (a) 2. "Patient health care records" has the meaning given in s. 146.81 (4).
28,3285gg
Section 3285gg. 908.03 (6m) (b) of the statutes is amended to read:
908.03 (6m) (b) Authentication witness unnecessary. A custodian or other qualified witness required by sub. (6) is unnecessary if the party who intends to offer patient health care provider records into evidence at a trial or hearing does one of the following at least 40 days before the trial or hearing:
1. Serves upon all appearing parties an accurate, legible and complete duplicate of the patient health care provider records for a stated period certified by the record custodian.
2. Notifies all appearing parties that an accurate, legible and complete duplicate of the patient health care provider records for a stated period certified by the record custodian is available for inspection and copying during reasonable business hours at a specified location within the county in which the trial or hearing will be held.
28,3285gh
Section 3285gh. 908.03 (6m) (bm) of the statutes is created to read:
908.03 (6m) (bm) Presumption. Billing statements or invoices that are patient health care records are presumed to state the reasonable value of the health care services provided and the health care services provided are presumed to be reasonable and necessary to the care of the patient. Any party attempting to rebut the presumption of the reasonable value of the health care services provided may not present evidence of payments made or benefits conferred by collateral sources.
28,3285gi
Section 3285gi. 908.03 (6m) (c) (intro.) of the statutes is amended to read:
908.03 (6m) (c) Subpoena limitations. (intro.) Health Patient health care provider records are subject to subpoena only if one of the following conditions exists:
28,3285gk
Section 3285gk. 908.03 (6m) (c) 3. of the statutes is amended to read:
908.03 (6m) (c) 3. If upon a properly authorized request of an attorney, the health care provider refuses, fails, or neglects to supply within 2 business days a legible certified duplicate of its records for the fees established under par. (d) s. 146.83 (1f) (c) or (d) or (1h) (b) or (c), whichever are applicable.
28,3285gm
Section 3285gm. 908.03 (6m) (d) of the statutes is repealed.
28,3285p
Section 3285p. 909.02 (11) (title) of the statutes is amended to read:
909.02 (11) (title) Health
Patient health care provider records.
28,3286
Section 3286. 911.01 (4) (c) of the statutes is amended to read:
911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g) 302.1135, adjustment of a bifurcated sentence under s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m), issuance of arrest warrants, criminal summonses and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969.
28,3287
Section
3287. 938.02 (6) of the statutes is amended to read:
938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
28,3288
Section
3288. 938.02 (17q) of the statutes is repealed.
28,3289
Section
3289. 938.207 (1) (c) of the statutes is amended to read:
938.207 (1) (c) A licensed foster home or a licensed treatment foster home if the placement does not violate the conditions of the license.
28,3290
Section
3290. 938.207 (1) (f) of the statutes is amended to read:
938.207 (1) (f) The home of a person not a relative if the person has not had a foster home or treatment foster home license under s. 48.62 refused, revoked, or suspended within the previous 2 years. Such a A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.
28,3290n
Section 3290n. 938.21 (2) (e) of the statutes is created to read:
938.21 (2) (e) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or family friends 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile. If the parent does not provide this information at the hearing, the county department shall make a reasonable effort to provide each parent with the opportunity to provide this information.
28,3290p
Section 3290p. 938.21 (3) (f) of the statutes is created to read:
938.21 (3) (f) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the juvenile or family friends 18 years of age or over whose homes the parent requests the court to consider as placements for the juvenile. If the parent does not provide this information at the hearing, the county department shall make a reasonable effort to provide each parent with the opportunity to provide this information.
28,3291
Section
3291. 938.21 (5) (d) 2. of the statutes is amended to read:
938.21 (5) (d) 2. If a hearing is held under subd. 1, at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
28,3292
Section
3292. 938.21 (5) (d) 3. of the statutes is amended to read:
938.21 (5) (d) 3. The court shall give a foster parent
, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
28,3292h
Section 3292h. 938.21 (5) (e) of the statutes is created to read:
938.21 (5) (e) 1. In this paragraph, "adult relative" means a grandparent, great-grandparent, aunt, uncle, or sibling of a juvenile, whether by blood, marriage, or legal adoption, who has attained 18 years of age.
2. The court shall order the county department to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all adult relatives of the juvenile and to all other adult individuals whose homes are requested by the juvenile's parent under sub. (2) (e) or (3) (f) to be considered as placement options for the juvenile within 30 days after the date of the hearing unless the juvenile is returned to his or her home within that period. The county department may not provide that notice to an adult relative or other individual if the county department has reason to believe that it would be dangerous to the juvenile or to the parent if the juvenile were placed with that adult relative or individual. The notice shall include all of the following:
a. A statement that the juvenile has been removed from the custody of the juvenile's parent.
b. A statement that the juvenile may need a temporary or permanent placement outside of his or her home and an explanation of how the individual may request to have the juvenile placed with him or her.
c. An explanation of the programs and services that may be available to the adult relative or other individual if the juvenile is placed with him or her including foster care payments, kinship care payments, assistance with health care needs, child care assistance, and nutrition assistance.
d. A description of the types of expenses that the adult relative or other individual may incur if the juvenile is placed in his or her home and whether and when the adult relative or other individual may be reimbursed for those expenses.
e. An explanation of how to receive notice of future proceedings relating to the juvenile if the adult relative or other individual provides contact information to the county department.
28,3293
Section
3293. 938.27 (3) (a) 1. of the statutes is amended to read:
938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.
28,3294
Section
3294. 938.27 (3) (a) 1m. of the statutes is amended to read:
938.27 (3) (a) 1m. The court shall give a foster parent
, treatment foster parent or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 1. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives a notice of a hearing under subd. 1. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
28,3295
Section
3295. 938.27 (3) (a) 2. of the statutes is amended to read:
938.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) is not given notice of a hearing under subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
28,3296
Section
3296. 938.27 (6) of the statutes is amended to read:
938.27 (6) Interstate compact proceedings; notice and summons. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court. If the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).
28,3297
Section
3297. 938.299 (1) (ag) of the statutes is amended to read:
938.299 (1) (ag) If a public hearing is not held, in addition to persons permitted to attend under par. (a), the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) may be present, except that the court may exclude a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) from any portion of the hearing if that portion of the hearing deals with sensitive personal information of the juvenile or the juvenile's family or if the court determines that excluding the foster parent, treatment foster parent or other physical custodian would be in the best interests of the juvenile.
28,3298
Section
3298. 938.32 (1) (d) 2. of the statutes is amended to read:
938.32 (1) (d) 2. At least 10 days before the date of the hearing under subd. 1., the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
28,3299
Section
3299. 938.32 (1) (d) 3. of the statutes is amended to read:
938.32 (1) (d) 3. The court shall give a foster parent
, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. The foster parent, treatment foster parent, or other physical custodian does not become a party to the proceeding on which the hearing is held solely on the basis of receiving the notice and having the opportunity to be heard.
28,3300
Section
3300. 938.33 (4) (intro.) of the statutes is amended to read:
938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:
28,3301
Section
3301. 938.33 (5) of the statutes is amended to read:
