AB610: Bill Text

LRB-3803/1

GMM:cjs:mrc

1999 - 2000 LEGISLATURE

1999 Assembly BILL 610

December 1, 1999 - Introduced by Representatives Hundertmark, Ward, Plale, Kestell, Musser, Rhoades, Ryba, Nass, Pettis, Albers, F. Lasee, Ainsworth, Owens, Ladwig, Goetsch, Olsen, Kelso, Balow, Sykora, Jeskewitz, Underheim and Waukau, cosponsored by Senators Grobschmidt, Wirch, Plache, Huelsman, Lazich, Rosenzweig and Darling. Referred to Committee on Family Law.

AB610,1,9 An Act to amend 40.08 (9), 46.95 (1) (b), 48.57 (3m) (a), 48.57 (3n) (a), 51.20 (9) (a), 77.25 (15), 77.25 (15m), 77.25 (15s), 102.07 (5) (c), 102.51 (2) (a), 103.90 (3) (a) 2., 106.04 (1m) (q), 146.34 (1) (j), 182.001 (1) (a), 196.52 (1) (g), 242.01 (11), 243.10 (1), 252.15 (1) (eg), 421.301 (32) (c), 421.301 (32) (d), 421.301 (33) (d), 615.03 (1) (c), 631.07 (3) (a) 5., 632.32 (6) (b) 1., 767.08 (1) (b), 805.08 (1), 813.12 (1) (b), 815.18 (3) (j) 6. b., 889.19, 908.03 (11), 938.02 (15) and 946.47 (3); and to repeal and recreate 979.05 (3) of the statutes; relating to: including relatives by adoption on the same basis as relatives by blood in certain definitions and references in the statutes.

Analysis by the Legislative Reference Bureau

Under current law, "relative" is defined or referenced in the statutes for certain purposes. Currently, some definitions of and references to "relative" include relatives by blood, by marriage or by adoption, and other definitions of and references to "relative" include relatives by blood or by marriage, but do not include relatives by adoption. This bill includes relatives by adoption in all of the following:

1. The definitions of "relative" for purposes of the Juvenile Justice Code, the fair housing law, filing a petition to prohibit a bone marrow donation by a minor, consenting to a human immunodeficiency virus (HIV) test for a person who is unable to consent due to his or her medical condition and compelling a nonlegally responsible relative (NLRR) to provide support for a child.

2. The definition of "person related to" for purposes of the Wisconsin consumer act, which among other things prohibits a debt collector from threatening or harassing a customer or a person related to a customer.

3. The definition of "family member" for purposes of granting a domestic abuse restraining order.

4. The exception for certain relatives to the law prohibiting the harboring of a felon.

5. The prohibition against the examiner of the subject of a mental commitment being related to that subject.

6. The prohibition against a witness to a power of attorney for finances and property being related to the person granting the power of attorney.

7. The requirement that a juror not be related to a party or an attorney for a party.

8. The hearsay exception for statements of relationship contained in the records of a religious organization.

9. The law permitting benefits under the public employe trust fund to be paid to a relative who is providing care for a person who has been adjudged mentally incompetent.

10. The exception to the law prohibiting a person from issuing a gift annuity that permits a gift annuity to be issued to certain relatives.

11. The exception to the law requiring the consent of the insured for the issuance of an individual life or disability insurance policy that permits a close relative to purchase such a policy on the life or health of a person serving outside of the United States in the public service of the United States.

12. The prohibition against an automobile insurance policy excluding from coverage a relative of the insured.

13. The exclusion from the law regulating migrant labor camp living quarters for the relatives of the employer.

14. The definition of "affiliated interests" of a public utility for purposes of the requirement that the public service commission approve a contract between a public utility and an affiliated interest of the public utility.

Under current law, certain statutes contain references to a person's lineal descendants, that is, the person's children, grandchildren and other direct descendants, and to a person's lineal ascendants or lineal ancestors, that is, the person's parents, grandparents and other direct ascendants. Current law does not specify whether those descendants and ascendants include a descendant or ascendant by adoption. This bill specifies that the descendants and ascendants referenced in all of the following include descendants and ascendants by blood or by adoption:

1. The exemption from the real estate transfer fee for a conveyance between a corporation and its shareholders, between a partnership and one of its partners or between a limited liability company and one of its members, if all of the shareholders, partners or members are related to each other and if the transfer is for no consideration or for the assumption of debt or an interest in the corporation, partnership or limited liability company.

2. The definition of "family farm corporation", that is, a corporation engaged in farming all of whose shareholders are related, for purposes of excluding those shareholders from the definition of "employe" under the worker's compensation law.

3. The law stating who may be considered a dependent of a deceased employe for purposes of entitlement to death benefits under the worker's compensation law.

4. The prohibition against a corporation or trust engaging in farming unless certain standards are met, including a standard that the number of shareholders or beneficiaries may not exceed 15, with certain relatives collectively being counted as only one shareholder or beneficiary.

5. The definition of "person related to" for purposes of the Wisconsin consumer act, which among other things prohibits a debt collector from threatening or harassing a customer or a person related to a customer.

6. The definition of "owner-dominated plan", that is, a retirement plan under which 90% or more of the accrued benefits are for the benefit of the owner-employe or certain relatives of the owner-employe, for purposes of exempting retirement benefits from execution.

Under current law, certain definitions of and references to "relative" include relatives by "consanguinity", which means by blood, and relatives by "affinity", which means by marriage. This bill substitutes "blood" for "consanguinity" and "marriage" for affinity" in all of the following:

1. The definitions of "relative" for purposes of the Juvenile Justice Code, the kinship care and long-term kinship care programs, the fair housing law, filing a petition to prohibit a bone marrow transplant by a minor, consenting to an HIV test for a person who is unable to consent due to his or her medical condition and compelling a NLRR to provide support for a child.

2. The exception for certain relatives to the law prohibiting the harboring of a felon.

Finally, the bill substitutes "blood" for "consanguinity" in the definition of "relative" for purposes of the Uniform Fraudulent Transfer Act and substitutes "blood relationship" for "consanguinity" in the rule of evidence permitting a pedigree recital in a deed or a will to be admitted as evidence that the recital is true.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB610, s. 1 Section 1. 40.08 (9) of the statutes is amended to read:

AB610,4,3 40.08 (9) Payments of benefits to minors and incompetents. In any case in which a benefit amount becomes payable to a minor or to a person adjudged mentally incompetent, the department may waive guardianship proceedings, and pay the benefit to the person providing for or caring for the minor, or to the spouse, or the parent or blood other relative by blood or adoption providing for or caring for the incompetent person.

AB610, s. 2 Section 2. 46.95 (1) (b) of the statutes is amended to read:

AB610,4,6 46.95 (1) (b) "Family member" means a spouse, a parent, a child or a person related by consanguinity blood or adoption to another person.

AB610, s. 3 Section 3. 48.57 (3m) (a) of the statutes is amended to read:

AB610,4,13 48.57 (3m) (a) In this subsection, "kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.

AB610, s. 4 Section 4. 48.57 (3n) (a) of the statutes is amended to read:

AB610,4,20 48.57 (3n) (a) In this subsection, "long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by consanguinity, direct affinity blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.

AB610, s. 5 Section 5. 51.20 (9) (a) of the statutes is amended to read:

AB610,6,9 51.20 (9) (a) If the court finds after the hearing that there is probable cause to believe the allegations under sub. (1), it shall appoint 2 licensed physicians specializing in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed physicians one of whom shall have specialized training in psychiatry, if available, or 2 physicians, to personally examine the subject individual. Such examiners shall have the specialized knowledge determined by the court to be appropriate to the needs of the subject individual. One of the examiners may be selected by the subject individual if such person makes his or her selection known to the court within 24 hours after completion of the hearing to determine probable cause for commitment. The court may deny the subject individual's selection if the examiner does not meet the requirements of this paragraph or such person is not available. If requested by the subject individual, the individual's attorney or any other interested party with court permission, the individual has a right at his or her own expense or if indigent with approval of the court hearing the petition, at the reasonable expense of the individual's county of legal residence, to secure an additional medical or psychological examination, and to offer the evaluator's personal testimony, as evidence at the hearing. The examiners may not be related to the subject individual by blood or, marriage or adoption, and may have no interest in his or her property. Prior to the examination the subject individual shall be informed that his or her statements can be used as a basis for commitment and that he or she has the right to remain silent, and that the examiner is required to make a report to the court even if the subject individual remains silent. A written report shall be made of all such examinations and filed with the court. The issuance of such a warning to the subject individual prior to each examination establishes a presumption that the individual understands that he or she need not speak to the examiner. The examiners shall personally observe and examine the subject individual at any suitable place and satisfy themselves, if reasonably possible, as to the individual's mental condition, and shall make independent reports to the court. The subject individual's treatment records shall be available to the examiners. If the subject individual is not detained pending the hearing, the court shall designate the time and place where the examination is to be held and shall require the individual's appearance. The report and testimony, if any, by the examiners shall be based on beliefs to a reasonable degree of medical certainty, or professional certainty if an examiner is a psychologist, in regard to the existence of the conditions described in sub. (1), and the appropriateness of various treatment modalities or facilities. If the examiners are unable to make conclusions to a reasonable degree of medical or professional certainty, the examiners shall so state in their report and testimony, if any.

AB610, s. 6 Section 6. 77.25 (15) of the statutes is amended to read:

AB610,6,15 77.25 (15) Between a corporation and its shareholders if all of the stock is owned by persons who are related to each other as spouses, as lineal ascendants, lineal descendants, or siblings, whether by blood or by adoption, or as spouses of siblings, if the transfer is for no consideration except the assumption of debt or stock of the corporation and if the corporation owned the property for at least 3 years.

AB610, s. 7 Section 7. 77.25 (15m) of the statutes is amended to read:

AB610,6,21 77.25 (15m) Between a partnership and one or more of its partners if all of the partners are related to each other as spouses, as lineal ascendants, lineal descendants, or siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the partnership.

AB610, s. 8 Section 8. 77.25 (15s) of the statutes is amended to read:

AB610,7,2 77.25 (15s) Between a limited liability company and one or more of its members if all of the members are related to each other as spouses, as lineal ascendants, lineal descendants, or siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the limited liability company.