AB75-SSA1, s. 3277 20Section 3277. 895.485 (2) (b) of the statutes is amended to read:
AB75-SSA1,1667,2321 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-SSA1, s. 3278 24Section 3278. 895.485 (3) of the statutes is amended to read:
AB75-SSA1,1668,11
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-SSA1, s. 3279 12Section 3279. 895.485 (4) (intro.) of the statutes is amended to read:
AB75-SSA1,1668,1613 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-SSA1, s. 3280 17Section 3280. 895.485 (4) (a) of the statutes is amended to read:
AB75-SSA1,1668,2418 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-SSA1, s. 3281 25Section 3281. 895.55 (2) (intro.) of the statutes is amended to read:
AB75-SSA1,1669,6
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-SSA1, s. 3283g 7Section 3283g. 895.61 of the statutes is created to read:
AB75-SSA1,1669,9 8895.61 Asbestos successor corporation; limitation on liability. (1)
9Definitions. In this section:
AB75-SSA1,1669,1210 (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-SSA1,1669,1413 1. A claim related to the health effects of exposure to asbestos, including a claim
14related to any of the following:
AB75-SSA1,1669,1515 a. Personal injury or death.
AB75-SSA1,1669,1616 b. Mental or emotional injury.
AB75-SSA1,1669,1717 c. Increased risk of disease or other injury.
AB75-SSA1,1669,1818 d. Costs of medical monitoring or surveillance.
AB75-SSA1,1669,2019 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-SSA1,1669,2121 3. A claim related to the installation, presence, or removal of asbestos.
AB75-SSA1,1669,2422 (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-SSA1,1670,3
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-SSA1,1670,44 a. A merger or consolidation with a transferor.
AB75-SSA1,1670,65 b. The plan of merger or consolidation with a transferor related to the merger
6or consolidation with or into another corporation.
AB75-SSA1,1670,87 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-SSA1,1670,149 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-SSA1,1670,1715 (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-SSA1,1670,1818 (e) "Total gross assets" includes intangible assets.
AB75-SSA1,1670,2019 (f) "Transferor" means a corporation from which a successor asbestos-related
20liability is or was assumed or incurred.