AB75-ASA1, s. 3263 9Section 3263. 861.33 (1) (a) (intro.) and 1. and (b) of the statutes are amended
10to read:
AB75-ASA1,1661,1411 861.33 (1) (a) (intro.) Subject to this section, in addition to all allowances and
12distributions, the surviving spouse or surviving domestic partner may file with the
13court a written selection of the following personal property, which shall then be
14transferred to the spouse or domestic partner by the personal representative:
AB75-ASA1,1661,1615 1. Wearing apparel and jewelry held for personal use by the decedent or the
16surviving spouse or surviving domestic partner;
AB75-ASA1,1661,2217 (b) The selection in par. (a) may not include items specifically bequeathed
18except that the surviving spouse or surviving domestic partner may in every case
19select the normal household furniture, furnishings, and appliances necessary to
20maintain the home. For this purpose antiques, family heirlooms, and collections that
21are specifically bequeathed are not classifiable as normal household furniture or
22furnishings.
AB75-ASA1, s. 3264 23Section 3264. 861.35 (title) of the statutes is amended to read:
AB75-ASA1,1661,25 24861.35 (title) Special allowance for support of spouse or domestic
25partner
and support and education of minor children.
AB75-ASA1, s. 3265
1Section 3265. 861.35 (1m), (2), (3) (a) and (4) of the statutes are amended to
2read:
AB75-ASA1,1662,103 861.35 (1m) If the decedent is survived by a spouse , domestic partner, or by
4minor children, the court may order an allowance for the support and education of
5each minor child until he or she reaches a specified age, not to exceed 18, and for the
6support of the spouse or domestic partner. This allowance may be made whether the
7estate is testate or intestate. If the decedent is not survived by a spouse or domestic
8partner
, the court also may allot directly to the minor children household furniture,
9furnishings, and appliances. The court may not order an allowance under this
10section if any of the following applies:
AB75-ASA1,1662,1311 (a) The decedent has amply provided for each minor child and for the spouse
12or domestic partner by the transfer of probate or nonprobate assets, or support and
13education have been provided for by any other means.
AB75-ASA1,1662,1614 (b) In the case of minor children, the surviving spouse or surviving domestic
15partner
is legally responsible for support and education and has ample means to
16provide them in addition to his or her own support.
AB75-ASA1,1662,1817 (c) In the case of the surviving spouse or surviving domestic partner, he or she
18has ample means to provide for his or her support.
AB75-ASA1,1663,2 19(2) The court may set aside property to provide an allowance and may appoint
20a trustee to administer the property, subject to the continuing jurisdiction of the
21court. If a child dies or reaches the age of 18, or if at any time the property held by
22the trustee is no longer required for the support of the spouse or domestic partner or
23the support and education of the minor child, any remaining property is to be
24distributed by the trustee as the court orders in accordance with the terms of the

1decedent's will or to the heirs of the decedent in intestacy or to satisfy unpaid claims
2of the decedent's estate.
AB75-ASA1,1663,5 3(3) (a) The effect on claims under s. 859.25. The court shall balance the needs
4of the spouse, domestic partner, or minor children against the nature of the creditors'
5claims in setting the amount allowed under this section.
AB75-ASA1,1663,8 6(4) The court may order that the allowance to the surviving spouse or surviving
7domestic partner
, not including any allowance for the support and education of minor
8children, be applied in satisfaction of any of the following:
AB75-ASA1,1663,109 (a) Any entitlement of the surviving spouse or surviving domestic partner
10under s. 853.12.
AB75-ASA1,1663,1211 (b) Any right of the surviving spouse or surviving domestic partner to elect
12under s. 861.02 (1).
AB75-ASA1, s. 3266 13Section 3266. 861.41 of the statutes is amended to read:
AB75-ASA1,1663,22 14861.41 Exemption of property to be assigned to surviving spouse or
15surviving domestic partner
. (1) After the amount of claims against the estate
16has been ascertained, the surviving spouse or surviving domestic partner may
17petition the court to set aside as exempt from the claims of creditors under s. 859.25
18(1) (h) an amount of property reasonably necessary for the support of the spouse or
19domestic partner
, not to exceed $10,000 in value, if it appears that the assets are
20insufficient to pay all claims and allowances and still leave the surviving spouse or
21surviving domestic partner
such an amount of property in addition to selection and
22allowances.
AB75-ASA1,1664,2 23(2) The court shall grant the petition if it determines that an assignment ahead
24of creditors is reasonably necessary for the support of the spouse or domestic partner.
25In determining the necessity and the amount of property to be assigned, the court

1must take into consideration the availability of a home to the surviving spouse or
2surviving domestic partner
and all other assets and resources available for support.
AB75-ASA1, s. 3267 3Section 3267. 867.01 (1) (b) and (3) (f) of the statutes are amended to read:
AB75-ASA1,1664,64 867.01 (1) (b) Whenever the estate, less the amount of the debts for which any
5property in the estate is security, does not exceed $50,000 in value and the decedent
6is survived by a spouse or domestic partner, or one or more minor children or both.
AB75-ASA1,1664,23 7(3) (f) Order. If the court is satisfied that the estate may be settled under this
8section, after 30 days have elapsed since notice to the department of health services
9under par. (d), if that notice is required, the court shall assign the property to the
10persons entitled to it. If the estate may be settled under sub. (1) (b), any property not
11otherwise assigned shall be assigned to the surviving spouse or surviving domestic
12partner,
or minor children or both as an allowance under s. 861.31. The court shall
13order any person indebted to or holding money or other property of the decedent to
14pay the indebtedness or deliver the property to the persons found to be entitled to
15receive it. The court shall order the transfer of interests in real estate, stocks or
16bonds registered in the name of the decedent, the title of a licensed motor vehicle, or
17any other form of property. If the decedent immediately prior to death had an estate
18for life or an interest as a joint tenant in any property in regard to which a certificate
19of termination in accordance with s. 867.04 has not been issued, the order shall set
20forth the termination of that life estate or the right of survivorship of any joint
21tenant. Every tract of real property in which an interest is assigned or terminated
22or which is security for a debt in which an interest is assigned or terminated shall
23be specifically described.
AB75-ASA1, s. 3269 24Section 3269. 895.04 (2) and (6) of the statutes are amended to read:
AB75-ASA1,1665,24
1895.04 (2) If the deceased leaves surviving a spouse or domestic partner under
2ch.770, and domestic partner under s. 770.05,
and minor children under 18 years of
3age with whose support the deceased was legally charged, the court before whom the
4action is pending, or if no action is pending, any court of record, in recognition of the
5duty and responsibility of a parent to support minor children, shall determine the
6amount, if any, to be set aside for the protection of such children after considering the
7age of such children, the amount involved, the capacity and integrity of the surviving
8spouse or surviving domestic partner, and any other facts or information it may have
9or receive, and such amount may be impressed by creation of an appropriate lien in
10favor of such children or otherwise protected as circumstances may warrant, but
11such amount shall not be in excess of 50% of the net amount received after deduction
12of costs of collection. If there are no such surviving minor children, the amount
13recovered shall belong and be paid to the spouse or domestic partner of the deceased;
14if no spouse or domestic partner survives, to the deceased's lineal heirs as determined
15by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any
16such relative dies before judgment in the action, the relative next in order shall be
17entitled to recover for the wrongful death. A surviving nonresident alien spouse or
18a nonresident alien domestic partner under ch. 770
and minor children shall be
19entitled to the benefits of this section. In cases subject to s. 102.29 this subsection
20shall apply only to the surviving spouse's or surviving domestic partner's interest in
21the amount recovered. If the amount allocated to any child under this subsection is
22less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death
23cases in which the deceased leaves minor children under 18 years of age shall be void
24unless approved by a court of record authorized to act hereunder.
AB75-ASA1,1666,6
1(6) Where the wrongful death of a person creates a cause of action in favor of
2the decedent's estate and also a cause of action in favor of a spouse , domestic partner
3under ch. 770,
or relatives as provided in this section, such spouse, domestic partner,
4or relatives may waive and satisfy the estate's cause of action in connection with or
5as part of a settlement and discharge of the cause of action of the spouse, domestic
6partner,
or relatives.
AB75-ASA1, s. 3270 7Section 3270. 895.045 (1) (title) of the statutes is repealed.
AB75-ASA1, s. 3271 8Section 3271. 895.045 (1) of the statutes is renumbered 895.045 and amended
9to read:
AB75-ASA1,1667,2 10895.045 Contributory negligence. Contributory negligence does not bar
11recovery in an action by any person or the person's legal representative to recover
12damages for negligence resulting in death or in injury to the person or property, if
13that negligence was not greater than the combined negligence of all of the person
14persons against whom recovery is sought who are liable in tort to the person
15recovering and of any person with whom the person recovering has settled
, but any
16damages allowed shall be diminished in the proportion to the amount of negligence
17attributed to the person recovering. The negligence of the plaintiff shall be measured
18separately against the negligence of each person found to be causally negligent

19Except for persons who have settled with the plaintiff, the trier of fact may not
20compare the negligence of the person recovering with the negligence of any person
21who is not a party to the action to recover damages
. The liability of each person found
22to be causally negligent whose percentage of causal negligence is less than 51% 20
23percent
is limited to the percentage of the total causal negligence attributed to that
24person. A person found to be causally negligent whose percentage of causal

1negligence is 51% 20 percent or more shall be jointly and severally liable for the
2damages allowed.
AB75-ASA1, s. 3272 3Section 3272. 895.045 (2) of the statutes is repealed.
AB75-ASA1, s. 3272m 4Section 3272m. 895.446 (4) of the statutes is amended to read:
AB75-ASA1,1667,75 895.446 (4) Any recovery under this section shall be reduced by the amount
6recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act
7or as recompense under s. 969.13 (5) (a) for the same act.
AB75-ASA1, s. 3273 8Section 3273. 895.485 (title) of the statutes is amended to read:
AB75-ASA1,1667,10 9895.485 (title) Civil liability exemption; agencies, foster parents,
10treatment foster parents
and family-operated group home parents.
AB75-ASA1, s. 3274 11Section 3274. 895.485 (1) (c) of the statutes is repealed.
AB75-ASA1, s. 3275 12Section 3275. 895.485 (2) (intro.) of the statutes is amended to read:
AB75-ASA1,1667,1513 895.485 (2) (intro.) Except as provided in ss. 167.10 (7) and 343.15 (2), any
14foster, treatment foster or family-operated group home parent licensed under s.
1548.62 or 48.625 is immune from civil liability for any of the following:
AB75-ASA1, s. 3276 16Section 3276. 895.485 (2) (a) of the statutes is amended to read:
AB75-ASA1,1667,1917 895.485 (2) (a) An act or omission of the foster, treatment foster or
18family-operated group home parent while that parent is acting in his or her capacity
19as a foster, treatment foster or family-operated group home parent.
AB75-ASA1, s. 3277 20Section 3277. 895.485 (2) (b) of the statutes is amended to read:
AB75-ASA1,1667,2321 895.485 (2) (b) An act or omission of a child who is placed in a foster home,
22treatment foster home
or family-operated group home while the child is in the foster,
23treatment foster
or family-operated group home parent's care.
AB75-ASA1, s. 3278 24Section 3278. 895.485 (3) of the statutes is amended to read:
AB75-ASA1,1668,11
1895.485 (3) The immunity specified in sub. (2) does not apply if the act or
2omission of a foster, treatment foster or family-operated group home parent was not
3done in good faith or was not in compliance with any written instructions, received
4from the agency that placed the child, regarding specific care and supervision of the
5child. The good faith of a foster, treatment foster or family-operated group home
6parent and the compliance of the foster, treatment foster or family-operated group
7home parent with any written instructions received from the agency that placed the
8child are presumed in a civil action. Any person who asserts that a foster, treatment
9foster
or family-operated group home parent did not act in good faith, or did not
10comply with written instructions received from the agency that placed the child, has
11the burden of proving that assertion.
AB75-ASA1, s. 3279 12Section 3279. 895.485 (4) (intro.) of the statutes is amended to read:
AB75-ASA1,1668,1613 895.485 (4) (intro.) Any agency that acts in good faith in placing a child with
14a foster, treatment foster or family-operated group home parent is immune from civil
15liability for any act or omission of the agency, the foster, treatment foster or
16family-operated group home parent, or the child unless all of the following occur:
AB75-ASA1, s. 3280 17Section 3280. 895.485 (4) (a) of the statutes is amended to read:
AB75-ASA1,1668,2418 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or
19family-operated group home parent with any information relating to a medical,
20physical, mental, or emotional condition of the child that it is required to disclose
21under this paragraph. The department of children and families shall promulgate
22rules specifying the kind of information that an agency shall disclose to a foster,
23treatment foster,
or family-operated group home parent which that relates to a
24medical, physical, mental, or emotional condition of the child.
AB75-ASA1, s. 3281 25Section 3281. 895.55 (2) (intro.) of the statutes is amended to read:
AB75-ASA1,1669,6
1895.55 (2) (intro.) Notwithstanding any provision of s. 93.57, 287.17, 299.11,
2299.13, 299.31, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30,
3ch. 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision
4of this chapter, a person is immune from liability for damages resulting from the
5person's acts or omissions and for the removal costs resulting from the person's acts
6or omissions if all of the following conditions are met:
AB75-ASA1, s. 3283g 7Section 3283g. 895.61 of the statutes is created to read:
AB75-ASA1,1669,9 8895.61 Asbestos successor corporation; limitation on liability. (1)
9Definitions. In this section:
AB75-ASA1,1669,1210 (a) "Asbestos claim" means a claim for damages, losses, indemnification,
11contribution, or other relief arising out of or related in any way to asbestos, including
12all of the following:
AB75-ASA1,1669,1413 1. A claim related to the health effects of exposure to asbestos, including a claim
14related to any of the following:
AB75-ASA1,1669,1515 a. Personal injury or death.
AB75-ASA1,1669,1616 b. Mental or emotional injury.
AB75-ASA1,1669,1717 c. Increased risk of disease or other injury.
AB75-ASA1,1669,1818 d. Costs of medical monitoring or surveillance.
AB75-ASA1,1669,2019 2. A claim made by or on behalf of any person exposed to asbestos, or by a
20spouse, parent, child, or other relative of the person.
AB75-ASA1,1669,2121 3. A claim related to the installation, presence, or removal of asbestos.
AB75-ASA1,1669,2422 (b) "Corporation" means a domestic corporation for profit organized under the
23laws of this state or a foreign corporation for profit organized under laws other than
24the laws of this state.
AB75-ASA1,1670,3
1(c) 1. "Successor asbestos-related liability" means any liability that is related
2to an asbestos claim and that was assumed or incurred by a corporation as a result
3of or in connection with any of the following:
AB75-ASA1,1670,44 a. A merger or consolidation with a transferor.
AB75-ASA1,1670,65 b. The plan of merger or consolidation with a transferor related to the merger
6or consolidation with or into another corporation.
AB75-ASA1,1670,87 c. An asbestos claim based on the exercise of control or ownership of stock or
8a corporation before the merger or consolidation with a transferor.
AB75-ASA1,1670,149 2. "Successor asbestos-related liability" includes liability that, after the time
10of the merger or consolidation with a transferor for which the fair market value of
11the total gross assets of the successor corporation was determined under sub. (4), was
12paid, discharged, or committed to be paid or discharged by or on behalf of the
13corporation, successor corporation, or transferor in connection with a settlement,
14judgment, or discharge in this state or in another jurisdiction.
AB75-ASA1,1670,1715 (d) "Successor corporation" means a corporation that has assumed or incurred
16successor asbestos-related liabilities before January 1, 1972, or that is any of that
17successor corporation's successors.
AB75-ASA1,1670,1818 (e) "Total gross assets" includes intangible assets.
AB75-ASA1,1670,2019 (f) "Transferor" means a corporation from which a successor asbestos-related
20liability is or was assumed or incurred.
AB75-ASA1,1670,22 21(2) Applicability. (a) The limitations in sub. (3) apply to any successor
22corporation, except as provided in par (b).
AB75-ASA1,1670,2323 (b) The limitations in sub. (3) do not apply to any of the following:
AB75-ASA1,1670,2524 1. Worker's compensation benefits paid under ch. 102 or a comparable worker's
25compensation law of another jurisdiction.
AB75-ASA1,1671,2
12. Any claim against a successor corporation that does not constitute a
2successor asbestos-related liability.
AB75-ASA1,1671,43 3. Any obligation under 29 USC 151, et seq., or under any collective bargaining
4agreement.
AB75-ASA1,1671,105 4. A successor corporation that, after a merger or consolidation with a
6transferor, continued in the business of mining asbestos, selling or distributing
7asbestos fibers, or manufacturing, distributing, removing, or installing
8asbestos-containing products that were the same or substantially the same as those
9products that were previously manufactured, distributed, removed, or installed by
10the transferor.
AB75-ASA1,1671,16 11(3) Measure of liability. (a) Except as provide in par. (b), the cumulative
12successor asbestos-related liabilities of a successor corporation are limited to the fair
13market value of the total gross assets of the transferor determined as of the time of
14the merger or consolidation with the successor corporation. Subject to par. (b), the
15successor corporation does not have responsibility for any successor
16asbestos-related liabilities in excess of this limitation.
AB75-ASA1,1671,2217 (b) If the transferor to the successor corporation had assumed or incurred
18successor asbestos-related liability in connection with a prior merger or
19consolidation with a prior transferor, then the fair market value of the total assets
20of the prior transferor determined as of the time of the earlier merger or consolidation
21is substituted for the limitation under par. (a) for purposes of determining the
22limitation on liability of the successor corporation.
AB75-ASA1,1672,2 23(4) Establishing the fair market value of total gross assets. (a) A successor
24corporation may establish the fair market value of total gross assets for purposes of

1the limitations under sub. (3) by any reasonable method, including any of the
2following:
AB75-ASA1,1672,33 1. By reference to the going concern value of the assets.
AB75-ASA1,1672,54 2. By reference to the purchase price attributable to or paid for the assets in
5an arms-length transaction.
AB75-ASA1,1672,86 3. In the absence of other readily available information from which the fair
7market value can be determined, by reference to the value of the assets recorded on
8a balance sheet.
AB75-ASA1,1672,149 (b) To the extent that total gross assets include liability insurance that was
10issued to the transferor whose assets are being valued under this subsection, the
11applicability, terms, conditions, and limits of the insurance are not affected by this
12section. This section does not affect the rights and obligations of an insurer,
13transferor, or successor corporation under any insurance contract or related
14agreement, including all of the following:
AB75-ASA1,1672,1515 1. A preenactment settlement resolving a coverage-related dispute.
AB75-ASA1,1672,1716 2. The right of an insurer to seek payment for applicable deductibles,
17retrospective premiums, or self-insured retentions.
AB75-ASA1,1672,2018 3. The right of an insurer to seek contribution from a successor corporation for
19an uninsured or self-insured period or for a period when insurance is uncollectible
20or unavailable.
AB75-ASA1,1673,221 (c) Subject to par. (b), to the extent that total gross assets include any liability
22insurance, a settlement of a dispute concerning the liability insurance coverage
23entered into by the transferor or successor corporation with the insurer of the
24transferor before the effective date of this paragraph .... [LRB inserts date], shall be

1determinative of the total coverage of the liability insurance for inclusion in the
2calculation of the transferor's total gross assets.
AB75-ASA1,1673,6 3(5) Adjustment of fair market value. (a) Except as provided in pars. (b) to (d),
4the fair market value of the total gross assets at the time of the merger or
5consolidation with the transferor shall increase annually at a rate equal to the sum
6of the following:
AB75-ASA1,1673,97 1. The weekly prime rate for the first week of each calendar year since the
8merger or consolidation, as reported by the federal reserve board in federal reserve
9statistical release H. 15.
AB75-ASA1,1673,1010 2. One percent.
AB75-ASA1,1673,1111 (b) The rate under par. (a) may not be compounded.
AB75-ASA1,1673,1812 (c) The adjustment of the fair market value of the total gross assets shall
13continue as provided in par. (a) until the date that the adjusted fair market value of
14the total gross assets is first exceeded by the cumulative amounts of successor
15asbestos-related liabilities paid or committed to be paid by or on behalf of the
16successor corporation or a predecessor of the successor corporation or by or on behalf
17of a transferor after the time of the merger or consolidation for which the fair market
18value of the total gross assets is determined.
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