Amendment SSA1-AB75

AB75-SSA1, s. 3262 Section 3262. 861.33 (title) of the statutes is amended to read:

AB75-SSA1,1661,8 861.33 (title) Selection of personalty by surviving spouse or surviving domestic partner.

AB75-SSA1, s. 3263 Section 3263. 861.33 (1) (a) (intro.) and 1. and (b) of the statutes are amended to read:

AB75-SSA1,1661,14 861.33 (1) (a) (intro.) Subject to this section, in addition to all allowances and distributions, the surviving spouse or surviving domestic partner may file with the court a written selection of the following personal property, which shall then be transferred to the spouse or domestic partner by the personal representative:

AB75-SSA1,1661,16 1. Wearing apparel and jewelry held for personal use by the decedent or the surviving spouse or surviving domestic partner;

AB75-SSA1,1661,22 (b) The selection in par. (a) may not include items specifically bequeathed except that the surviving spouse or surviving domestic partner may in every case select the normal household furniture, furnishings, and appliances necessary to maintain the home. For this purpose antiques, family heirlooms, and collections that are specifically bequeathed are not classifiable as normal household furniture or furnishings.

AB75-SSA1, s. 3264 Section 3264. 861.35 (title) of the statutes is amended to read:

AB75-SSA1,1661,25 861.35 (title) Special allowance for support of spouse or domestic partner and support and education of minor children.

AB75-SSA1, s. 3265 Section 3265. 861.35 (1m), (2), (3) (a) and (4) of the statutes are amended to read:

AB75-SSA1,1662,10 861.35 (1m) If the decedent is survived by a spouse , domestic partner, or by minor children, the court may order an allowance for the support and education of each minor child until he or she reaches a specified age, not to exceed 18, and for the support of the spouse or domestic partner. This allowance may be made whether the estate is testate or intestate. If the decedent is not survived by a spouse or domestic partner, the court also may allot directly to the minor children household furniture, furnishings, and appliances. The court may not order an allowance under this section if any of the following applies:

AB75-SSA1,1662,13 (a) The decedent has amply provided for each minor child and for the spouse or domestic partner by the transfer of probate or nonprobate assets, or support and education have been provided for by any other means.

AB75-SSA1,1662,16 (b) In the case of minor children, the surviving spouse or surviving domestic partner is legally responsible for support and education and has ample means to provide them in addition to his or her own support.

AB75-SSA1,1662,18 (c) In the case of the surviving spouse or surviving domestic partner, he or she has ample means to provide for his or her support.

AB75-SSA1,1663,2 (2) The court may set aside property to provide an allowance and may appoint a trustee to administer the property, subject to the continuing jurisdiction of the court. If a child dies or reaches the age of 18, or if at any time the property held by the trustee is no longer required for the support of the spouse or domestic partner or the support and education of the minor child, any remaining property is to be distributed by the trustee as the court orders in accordance with the terms of the decedent's will or to the heirs of the decedent in intestacy or to satisfy unpaid claims of the decedent's estate.

AB75-SSA1,1663,5 (3) (a) The effect on claims under s. 859.25. The court shall balance the needs of the spouse, domestic partner, or minor children against the nature of the creditors' claims in setting the amount allowed under this section.

AB75-SSA1,1663,8 (4) The court may order that the allowance to the surviving spouse or surviving domestic partner, not including any allowance for the support and education of minor children, be applied in satisfaction of any of the following:

AB75-SSA1,1663,10 (a) Any entitlement of the surviving spouse or surviving domestic partner under s. 853.12.

AB75-SSA1,1663,12 (b) Any right of the surviving spouse or surviving domestic partner to elect under s. 861.02 (1).

AB75-SSA1, s. 3266 Section 3266. 861.41 of the statutes is amended to read:

AB75-SSA1,1663,22 861.41 Exemption of property to be assigned to surviving spouse or surviving domestic partner. (1) After the amount of claims against the estate has been ascertained, the surviving spouse or surviving domestic partner may petition the court to set aside as exempt from the claims of creditors under s. 859.25 (1) (h) an amount of property reasonably necessary for the support of the spouse or domestic partner, not to exceed $10,000 in value, if it appears that the assets are insufficient to pay all claims and allowances and still leave the surviving spouse or surviving domestic partner such an amount of property in addition to selection and allowances.

AB75-SSA1,1664,2 (2) The court shall grant the petition if it determines that an assignment ahead of creditors is reasonably necessary for the support of the spouse or domestic partner. In determining the necessity and the amount of property to be assigned, the court must take into consideration the availability of a home to the surviving spouse or surviving domestic partner and all other assets and resources available for support.

AB75-SSA1, s. 3267 Section 3267. 867.01 (1) (b) and (3) (f) of the statutes are amended to read:

AB75-SSA1,1664,6 867.01 (1) (b) Whenever the estate, less the amount of the debts for which any property in the estate is security, does not exceed $50,000 in value and the decedent is survived by a spouse or domestic partner, or one or more minor children or both.

AB75-SSA1,1664,23 (3) (f) Order. If the court is satisfied that the estate may be settled under this section, after 30 days have elapsed since notice to the department of health services under par. (d), if that notice is required, the court shall assign the property to the persons entitled to it. If the estate may be settled under sub. (1) (b), any property not otherwise assigned shall be assigned to the surviving spouse or surviving domestic partner, or minor children or both as an allowance under s. 861.31. The court shall order any person indebted to or holding money or other property of the decedent to pay the indebtedness or deliver the property to the persons found to be entitled to receive it. The court shall order the transfer of interests in real estate, stocks or bonds registered in the name of the decedent, the title of a licensed motor vehicle, or any other form of property. If the decedent immediately prior to death had an estate for life or an interest as a joint tenant in any property in regard to which a certificate of termination in accordance with s. 867.04 has not been issued, the order shall set forth the termination of that life estate or the right of survivorship of any joint tenant. Every tract of real property in which an interest is assigned or terminated or which is security for a debt in which an interest is assigned or terminated shall be specifically described.

AB75-SSA1, s. 3269 Section 3269. 895.04 (2) and (6) of the statutes are amended to read:

AB75-SSA1,1665,24 895.04 (2) If the deceased leaves surviving a spouse or domestic partner under ch.770, and domestic partner under s. 770.05, and minor children under 18 years of age with whose support the deceased was legally charged, the court before whom the action is pending, or if no action is pending, any court of record, in recognition of the duty and responsibility of a parent to support minor children, shall determine the amount, if any, to be set aside for the protection of such children after considering the age of such children, the amount involved, the capacity and integrity of the surviving spouse or surviving domestic partner, and any other facts or information it may have or receive, and such amount may be impressed by creation of an appropriate lien in favor of such children or otherwise protected as circumstances may warrant, but such amount shall not be in excess of 50% of the net amount received after deduction of costs of collection. If there are no such surviving minor children, the amount recovered shall belong and be paid to the spouse or domestic partner of the deceased; if no spouse or domestic partner survives, to the deceased's lineal heirs as determined by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any such relative dies before judgment in the action, the relative next in order shall be entitled to recover for the wrongful death. A surviving nonresident alien spouse or a nonresident alien domestic partner under ch. 770 and minor children shall be entitled to the benefits of this section. In cases subject to s. 102.29 this subsection shall apply only to the surviving spouse's or surviving domestic partner's interest in the amount recovered. If the amount allocated to any child under this subsection is less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death cases in which the deceased leaves minor children under 18 years of age shall be void unless approved by a court of record authorized to act hereunder.

AB75-SSA1,1666,6 (6) Where the wrongful death of a person creates a cause of action in favor of the decedent's estate and also a cause of action in favor of a spouse , domestic partner under ch. 770, or relatives as provided in this section, such spouse, domestic partner, or relatives may waive and satisfy the estate's cause of action in connection with or as part of a settlement and discharge of the cause of action of the spouse, domestic partner, or relatives.

AB75-SSA1, s. 3270 Section 3270. 895.045 (1) (title) of the statutes is repealed.

AB75-SSA1, s. 3271 Section 3271. 895.045 (1) of the statutes is renumbered 895.045 and amended to read:

AB75-SSA1,1667,2 895.045 Contributory negligence. Contributory negligence does not bar recovery in an action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to the person or property, if that negligence was not greater than the combined negligence of all of the person persons against whom recovery is sought who are liable in tort to the person recovering and of any person with whom the person recovering has settled, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering. The negligence of the plaintiff shall be measured separately against the negligence of each person found to be causally negligent Except for persons who have settled with the plaintiff, the trier of fact may not compare the negligence of the person recovering with the negligence of any person who is not a party to the action to recover damages. The liability of each person found to be causally negligent whose percentage of causal negligence is less than 51% 20 percent is limited to the percentage of the total causal negligence attributed to that person. A person found to be causally negligent whose percentage of causal negligence is 51% 20 percent or more shall be jointly and severally liable for the damages allowed.

AB75-SSA1, s. 3272 Section 3272. 895.045 (2) of the statutes is repealed.

AB75-SSA1, s. 3272m Section 3272m. 895.446 (4) of the statutes is amended to read:

AB75-SSA1,1667,7 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 969.13 (5) (a) for the same act.

AB75-SSA1, s. 3273 Section 3273. 895.485 (title) of the statutes is amended to read:

AB75-SSA1,1667,10 895.485 (title) Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.

AB75-SSA1, s. 3274 Section 3274. 895.485 (1) (c) of the statutes is repealed.

AB75-SSA1, s. 3275 Section 3275. 895.485 (2) (intro.) of the statutes is amended to read:

AB75-SSA1,1667,15 895.485 (2) (intro.) Except as provided in ss. 167.10 (7) and 343.15 (2), any foster, treatment foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:

AB75-SSA1, s. 3276 Section 3276. 895.485 (2) (a) of the statutes is amended to read:

AB75-SSA1,1667,19 895.485 (2) (a) An act or omission of the foster, treatment foster or family-operated group home parent while that parent is acting in his or her capacity as a foster, treatment foster or family-operated group home parent.

AB75-SSA1, s. 3277 Section 3277. 895.485 (2) (b) of the statutes is amended to read:

AB75-SSA1,1667,23 895.485 (2) (b) An act or omission of a child who is placed in a foster home, treatment foster home or family-operated group home while the child is in the foster, treatment foster or family-operated group home parent's care.

AB75-SSA1, s. 3278 Section 3278. 895.485 (3) of the statutes is amended to read:

AB75-SSA1,1668,11 895.485 (3) The immunity specified in sub. (2) does not apply if the act or omission of a foster, treatment foster or family-operated group home parent was not done in good faith or was not in compliance with any written instructions, received from the agency that placed the child, regarding specific care and supervision of the child. The good faith of a foster, treatment foster or family-operated group home parent and the compliance of the foster, treatment foster or family-operated group home parent with any written instructions received from the agency that placed the child are presumed in a civil action. Any person who asserts that a foster, treatment foster or family-operated group home parent did not act in good faith, or did not comply with written instructions received from the agency that placed the child, has the burden of proving that assertion.

AB75-SSA1, s. 3279 Section 3279. 895.485 (4) (intro.) of the statutes is amended to read:

AB75-SSA1,1668,16 895.485 (4) (intro.) Any agency that acts in good faith in placing a child with a foster, treatment foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster, treatment foster or family-operated group home parent, or the child unless all of the following occur:

AB75-SSA1, s. 3280 Section 3280. 895.485 (4) (a) of the statutes is amended to read:

AB75-SSA1,1668,24 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which that relates to a medical, physical, mental, or emotional condition of the child.

AB75-SSA1, s. 3281 Section 3281. 895.55 (2) (intro.) of the statutes is amended to read:

AB75-SSA1,1669,6 895.55 (2) (intro.) Notwithstanding any provision of s. 93.57, 287.17, 299.11, 299.13, 299.31, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

AB75-SSA1, s. 3283g Section 3283g. 895.61 of the statutes is created to read:

AB75-SSA1,1669,9 895.61 Asbestos successor corporation; limitation on liability. (1) Definitions. In this section:

AB75-SSA1,1669,12 (a) "Asbestos claim" means a claim for damages, losses, indemnification, contribution, or other relief arising out of or related in any way to asbestos, including all of the following:

AB75-SSA1,1669,14 1. A claim related to the health effects of exposure to asbestos, including a claim related to any of the following:

AB75-SSA1,1669,15 a. Personal injury or death.

AB75-SSA1,1669,16 b. Mental or emotional injury.

AB75-SSA1,1669,17 c. Increased risk of disease or other injury.

AB75-SSA1,1669,18 d. Costs of medical monitoring or surveillance.

AB75-SSA1,1669,20 2. A claim made by or on behalf of any person exposed to asbestos, or by a spouse, parent, child, or other relative of the person.

AB75-SSA1,1669,21 3. A claim related to the installation, presence, or removal of asbestos.

AB75-SSA1,1669,24 (b) "Corporation" means a domestic corporation for profit organized under the laws of this state or a foreign corporation for profit organized under laws other than the laws of this state.

AB75-SSA1,1670,3 (c) 1. "Successor asbestos-related liability" means any liability that is related to an asbestos claim and that was assumed or incurred by a corporation as a result of or in connection with any of the following:

AB75-SSA1,1670,4 a. A merger or consolidation with a transferor.

AB75-SSA1,1670,6 b. The plan of merger or consolidation with a transferor related to the merger or consolidation with or into another corporation.

AB75-SSA1,1670,8 c. An asbestos claim based on the exercise of control or ownership of stock or a corporation before the merger or consolidation with a transferor.

AB75-SSA1,1670,14 2. "Successor asbestos-related liability" includes liability that, after the time of the merger or consolidation with a transferor for which the fair market value of the total gross assets of the successor corporation was determined under sub. (4), was paid, discharged, or committed to be paid or discharged by or on behalf of the corporation, successor corporation, or transferor in connection with a settlement, judgment, or discharge in this state or in another jurisdiction.

AB75-SSA1,1670,17 (d) "Successor corporation" means a corporation that has assumed or incurred successor asbestos-related liabilities before January 1, 1972, or that is any of that successor corporation's successors.

AB75-SSA1,1670,18 (e) "Total gross assets" includes intangible assets.

AB75-SSA1,1670,20 (f) "Transferor" means a corporation from which a successor asbestos-related liability is or was assumed or incurred.

AB75-SSA1,1670,22 (2) Applicability. (a) The limitations in sub. (3) apply to any successor corporation, except as provided in par (b).

AB75-SSA1,1670,23 (b) The limitations in sub. (3) do not apply to any of the following:

AB75-SSA1,1670,25 1. Worker's compensation benefits paid under ch. 102 or a comparable worker's compensation law of another jurisdiction.

AB75-SSA1,1671,2 2. Any claim against a successor corporation that does not constitute a successor asbestos-related liability.

AB75-SSA1,1671,4 3. Any obligation under 29 USC 151, et seq., or under any collective bargaining agreement.

AB75-SSA1,1671,10 4. A successor corporation that, after a merger or consolidation with a transferor, continued in the business of mining asbestos, selling or distributing asbestos fibers, or manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products that were previously manufactured, distributed, removed, or installed by the transferor.

AB75-SSA1,1671,16 (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.

AB75-SSA1,1671,22 (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.

AB75-SSA1,1672,2 (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:

AB75-SSA1,1672,3 1. By reference to the going concern value of the assets.

AB75-SSA1,1672,5 2. By reference to the purchase price attributable to or paid for the assets in an arms-length transaction.

AB75-SSA1,1672,8 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.

AB75-SSA1,1672,14 (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:

AB75-SSA1,1672,15 1. A preenactment settlement resolving a coverage-related dispute.

AB75-SSA1,1672,17 2. The right of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions.

AB75-SSA1,1672,20 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.

AB75-SSA1,1673,2 (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.

AB75-SSA1,1673,6 (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:

AB75-SSA1,1673,9 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.

AB75-SSA1,1673,10 2. One percent.