2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representatives Pocan, Berceau, Black, Boyle
and Miller, cosponsored by Senator Risser. Referred to Joint Survey
Committee on Tax Exemptions.
AB992,2,4 1An Act to repeal 102.51 (1) (a) 2.; to amend 11.05 (10), 29.219 (4), 29.228 (5),
229.228 (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 40.02 (8) (a)
32., 45.348 (2) (a) 1., 45.37 (4) (c) 5., 45.37 (6) (a), 46.10 (2), 48.02 (13), 48.432 (1)
4(am) 2. b., 48.82 (1) (a), 49.141 (1) (j) 2., 49.19 (4) (d) (intro.), 49.19 (4) (d) 1., 49.19
5(4) (d) 2., 49.19 (4) (d) 3., 49.19 (4) (d) 4., 49.19 (4) (d) 5., 49.19 (4) (d) 8., 49.43
6(12), 49.90 (4), 69.11 (4) (b), 69.12 (5), 69.13 (2) (b) 4., 69.14 (1) (e), 69.14 (1) (g),
769.15 (3) (b) 1. and 2., 71.03 (2) (d) (title), 71.03 (2) (d) 1., 71.03 (2) (d) 2., 71.03
8(2) (d) 3., 71.03 (2) (g), 71.03 (2) (m) 2., 71.03 (4) (a), 71.05 (22) (a) (title), 71.07
9(5m) (a) 3., 71.07 (9e) (b), 71.09 (13) (a) 2., 71.52 (4), 71.83 (1) (a) 8., 71.83 (1) (b)
105., 77.25 (8m), 102.49 (1), 102.51 (1) (a) 1., 103.10 (1) (h), 111.32 (12), 115.76 (12)
11(a) 2., 146.34 (1) (f), 157.05, 157.10, 182.004 (6), 301.12 (2), 700.19 (2), 705.01
12(4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (intro.) and
13(3), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form), 766.588 (9) (form), 766.589
14(10) (form), 767.082, 767.085 (1) (a), 767.085 (1) (b), 767.458 (1m), 767.47 (9),

1767.50 (1), 769.316 (9), 815.20 (1), 851.30 (2) (a), 854.03 (3), 880.12 (1), 880.32,
2880.835 (1), 891.39 (1) (a), 891.39 (3), 891.40 (1), 891.40 (2), 905.05 (title), 938.02
3(13), 943.20 (2) (c) and 943.205 (2) (b); and to create 765.02 (3) and 990.01 (39)
4of the statutes; relating to: civil marriages.
Analysis by the Legislative Reference Bureau
Although current law provides that every person who has attained the age of
18 years may marry if otherwise competent, current law describes marriage as a
legal relationship between two equal persons, a husband and a wife, and as a civil
contract that creates the legal status of husband and wife. "Husband" and "wife" are
not defined in the statutes, but the common dictionary definition of "husband" is a
male partner in a marriage and the common dictionary definition of "wife" is a female
partner in a marriage. Thus, our statutes have been interpreted as allowing
marriage only between a man and a woman.
This bill specifically provides that marriage may be contracted between two
persons of the same or opposite sex and confers the same rights and responsibilities
on married persons of the same sex that married persons of the opposite sex have
under current law. The bill defines "spouse" as a person who is legally married to
another person of the same or opposite sex and replaces with "spouse" every
reference in current law to "husband" or "wife." The bill makes applicable to married
persons of the same sex all provisions under current law that apply to married
persons of the opposite sex. These provisions relate to such diverse areas of the law
as income tax, adoption, marital property, consent to artificial insemination,
inheritance rights, divorce, child and spousal support, insurance coverage, family
and spousal recreational licenses, consent for conducting an autopsy, domestic
abuse, and eligibility for various types of benefits, such as retirement or death
benefits or medical assistance.
This bill will be referred to the Joint Survey Committee on Tax Exemptions for
a detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB992, s. 1 5Section 1. 11.05 (10) of the statutes is amended to read:
AB992,3,26 11.05 (10) Certain activity by spouses exempt. For purposes of compliance
7with the registration requirements of this section a husband and wife spouses acting

1jointly for political purposes shall be considered an "individual" rather than a
2"committee".."
AB992, s. 2 3Section 2. 29.219 (4) of the statutes is amended to read:
AB992,3,74 29.219 (4) Husband and wife Spouses resident licenses. A combined husband
5and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
6department to residents applying for this license. This license confers upon both
7husband and wife spouses the privileges of resident fishing licenses.
AB992, s. 3 8Section 3. 29.228 (5) of the statutes is amended to read:
AB992,3,129 29.228 (5) Annual family fishing license. The department shall issue a
10nonresident annual family fishing license, subject to s. 29.024, to any nonresident
11who applies for this license. This license entitles the husband, wife spouses and any
12minor children to fish under this license.
AB992, s. 4 13Section 4. 29.228 (6) of the statutes is amended to read:
AB992,3,1714 29.228 (6) Fifteen-day family fishing license. The department shall issue a
15nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
16who applies for this license. This license entitles the husband, wife spouses and any
17minor children to fish under this license.
AB992, s. 5 18Section 5. 29.229 (2) (i) of the statutes is amended to read:
AB992,3,1919 29.229 (2) (i) Husband and wife Spouses fishing licenses.
AB992, s. 6 20Section 6. 29.2295 (2) (i) of the statutes is amended to read:
AB992,3,2121 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
AB992, s. 7 22Section 7. 29.563 (3) (a) 3. of the statutes is amended to read:
AB992,3,2323 29.563 (3) (a) 3. Husband and wife Spouses: $23.25.
AB992, s. 8 24Section 8. 29.607 (3) of the statutes is amended to read:
AB992,4,10
129.607 (3) License required; exceptions; wild rice identification card. Every
2person over the age of 16 and under the age of 65 shall obtain the appropriate wild
3rice license to harvest or deal in wild rice but no license to harvest is required of the
4members of the immediate family of a licensee or of a recipient of old-age assistance
5or members of their immediate families. The department, subject to s. 29.024 (2g)
6and (2r), shall issue a wild rice identification card to each member of a licensee's
7immediate family, to a recipient of old-age assistance, and to each member of the
8recipient's family. The term "immediate family" includes husband and wife spouses
9and minor children having who have their abode and domicile with the parent or
10legal guardian.
AB992, s. 9 11Section 9. 40.02 (8) (a) 2. of the statutes is amended to read:
AB992,4,2112 40.02 (8) (a) 2. In the absence of a written designation of beneficiary, or if all
13beneficiaries so designated die before filing with the department an application for
14any death benefit payable, the person determined in the following sequence: group
151, widow or widower surviving spouse; group 2, children if at least one child survives
16the participant, employee, or annuitant, in which event the share of any deceased
17child shall be payable to the surviving spouse of the child or to the surviving children
18of the child if there is no spouse, or otherwise to the other eligible children in this
19group; group 3, grandchild; group 4, parent; group 5, brother and sister. No payment
20may be made to a person included in any group if there is a living person in any
21preceding group.
AB992, s. 10 22Section 10. 45.348 (2) (a) 1. of the statutes is amended to read:
AB992,4,2523 45.348 (2) (a) 1. A spouse, an unremarried widow or widower surviving spouse,
24or a divorced spouse, but only if the divorced spouse is receiving benefits under a
25court order.
AB992, s. 11
1Section 11. 45.37 (4) (c) 5. of the statutes is amended to read:
AB992,5,42 45.37 (4) (c) 5. The department may deviate from this sequence upon order of
3the board in order to prevent the separation of a family unit of husband and wife
4spouses.
AB992, s. 12 5Section 12. 45.37 (6) (a) of the statutes is amended to read:
AB992,5,146 45.37 (6) (a) Was married to and living with the deceased veteran not less than
76 months immediately prior to the death of the veteran, or was married to the veteran
8at the time the veteran entered the service and was widowed became a surviving
9spouse
by the death of the veteran in the service or as a result of physical disability
10incurred during such service, or the period during which the surviving spouse was
11married to and lived with the deceased veteran plus the period of widowhood during
12which a person remains a surviving spouse
is 6 months or more, or if the surviving
13spouse was married to and living with the veteran less than 6 months and a child was
14born of the marriage; and
AB992, s. 13 15Section 13. 46.10 (2) of the statutes is amended to read:
AB992,6,1816 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
17including but not limited to a person admitted, committed or placed under s. 975.01,
181977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13,
1951.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14
20(2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and
21supplies provided by any institution in this state including University of Wisconsin
22Hospitals and Clinics, in which the state is chargeable with all or part of the person's
23care, maintenance, services and supplies, any person receiving care and services
24from a county department established under s. 51.42 or 51.437 or from a facility
25established under s. 49.73, and any person receiving treatment and services from a

1public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4)
2(e) or 980.08 (5) and the person's property and estate, including the homestead, and
3the spouse of the person, and the spouse's property and estate, including the
4homestead, and, in the case of a minor child, the parents of the person, and their
5property and estates, including their homestead, and, in the case of a foreign child
6described in s. 48.839 (1) who became dependent on public funds for his or her
7primary support before an order granting his or her adoption, the resident of this
8state appointed guardian of the child by a foreign court who brought the child into
9this state for the purpose of adoption, and his or her property and estate, including
10his or her homestead, shall be liable for the cost of the care, maintenance, services
11and supplies in accordance with the fee schedule established by the department
12under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an
13incapacitated person may be lawfully dependent upon the property for their support,
14the court shall release all or such part of the property and estate from the charges
15that may be necessary to provide for those persons. The department shall make
16every reasonable effort to notify the liable persons as soon as possible after the
17beginning of the maintenance, but the notice or the receipt thereof is not a condition
18of liability.
AB992, s. 14 19Section 14. 48.02 (13) of the statutes is amended to read:
AB992,7,220 48.02 (13) "Parent" means either a biological parent, a husband spouse who has
21consented to the artificial insemination of his wife or her spouse under s. 891.40, or
22a parent by adoption. If the child is a nonmarital child who is not adopted or whose
23parents do not subsequently intermarry under s. 767.60, "parent" includes a person
24acknowledged under s. 767.62 (1) or a substantially similar law of another state or

1adjudicated to be the biological father. "Parent" does not include any person whose
2parental rights have been terminated.
AB992, s. 15 3Section 15. 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB992,7,64 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
5mother at the time the individual or adoptee is conceived or born, or when the parents
6intermarry under s. 767.60.
AB992, s. 16 7Section 16. 48.82 (1) (a) of the statutes is amended to read:
AB992,7,98 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
9if
the other spouse is of a parent of the minor.
AB992, s. 17 10Section 17. 49.141 (1) (j) 2. of the statutes is amended to read:
AB992,7,1211 49.141 (1) (j) 2. A person who has consented to the artificial insemination of his
12wife or her spouse under s. 891.40.
AB992, s. 18 13Section 18. 49.19 (4) (d) (intro.) of the statutes is amended to read:
AB992,7,1614 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother a parent
15or stepparent
of a dependent child if she the parent or stepparent is without a
16husband spouse or if she the parent or stepparent:
AB992, s. 19 17Section 19. 49.19 (4) (d) 1. of the statutes is amended to read:
AB992,7,1918 49.19 (4) (d) 1. Is the wife spouse of a husband an individual who is
19incapacitated for gainful work by mental or physical disability; or
AB992, s. 20 20Section 20. 49.19 (4) (d) 2. of the statutes is amended to read:
AB992,7,2421 49.19 (4) (d) 2. Is the wife spouse of a husband an individual who is incarcerated
22or who is a convicted offender permitted to live at home but precluded from earning
23a wage because the husband individual is required by a court imposed sentence to
24perform unpaid public work or unpaid community service; or
AB992, s. 21 25Section 21. 49.19 (4) (d) 3. of the statutes is amended to read:
AB992,8,3
149.19 (4) (d) 3. Is the wife spouse of a husband an individual who has been
2committed to the department pursuant to ch. 975, irrespective of the probable period
3of such commitment; or
AB992, s. 22 4Section 22. 49.19 (4) (d) 4. of the statutes is amended to read:
AB992,8,75 49.19 (4) (d) 4. Is the wife spouse of a husband an individual who has
6continuously abandoned or failed to support him or her, if proceedings have been
7commenced against the husband individual under ch. 769; or
AB992, s. 23 8Section 23. 49.19 (4) (d) 5. of the statutes is amended to read:
AB992,8,129 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally
10separated from his or her husband spouse and is unable through use of the provisions
11of law to compel his or her former husband spouse to adequately support the child
12for whom aid is sought; or
AB992, s. 24 13Section 24. 49.19 (4) (d) 8. of the statutes is amended to read:
AB992,8,1514 49.19 (4) (d) 8. Is incapacitated and the county department under s. 46.215 or
1546.22 believes she the parent or stepparent is the proper payee.
AB992, s. 25 16Section 25. 49.43 (12) of the statutes is amended to read:
AB992,8,1917 49.43 (12) "Spouse" means the legal husband or wife of the beneficiary
18individual to whom the beneficiary is legally married, whether or not eligible for
19medical assistance.
AB992, s. 26 20Section 26. 49.90 (4) of the statutes is amended to read:
AB992,9,2121 49.90 (4) The circuit court shall in a summary way hear the allegations and
22proofs of the parties and by order require maintenance from these relatives, if they
23have sufficient ability, considering their own future maintenance and making
24reasonable allowance for the protection of the property and investments from which
25they derive their living and their care and protection in old age, in the following

1order: First the husband or wife spouse; then the father and the mother; and then
2the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall
3specify a sum which will be sufficient for the support of the dependent person under
4sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a)
52., to be paid weekly or monthly, during a period fixed by the order or until the further
6order of the court. If the court is satisfied that any such relative is unable wholly to
7maintain the dependent person or the child, but is able to contribute to the person's
8support or the child's maintenance, the court may direct 2 or more of the relatives
9to maintain the person or the child and prescribe the proportion each shall
10contribute. If the court is satisfied that these relatives are unable together wholly
11to maintain the dependent person or the child, but are able to contribute to the
12person's support or the child's maintenance, the court shall direct a sum to be paid
13weekly or monthly by each relative in proportion to ability. Contributions directed
14by court order, if for less than full support, shall be paid to the department of health
15and family services and distributed as required by state and federal law. An order
16under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
17specifically assign responsibility for and direct the manner of payment of the child's
18health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
19application of any party affected by the order and upon like notice and procedure, the
20court may modify such an order. Obedience to such an order may be enforced by
21proceedings for contempt.
AB992, s. 27 22Section 27. 69.11 (4) (b) of the statutes, as affected by 2003 Wisconsin Act 52,
23is amended to read:
AB992,9,2524 69.11 (4) (b) The state registrar may amend an item on a birth certificate that
25affects information about the name, sex, date of birth, place of birth, parent's name,

1or marital status of the mother if 365 days have elapsed since the occurrence of the
2event that is the subject of the birth certificate, if the amendment is at the request
3of a person with a direct and tangible interest in the record and is on a request form
4supplied by the state registrar, and if the amendment is accompanied by 2 items of
5documentary evidence from early childhood that are sufficient to prove that the item
6to be changed is in error and by the affidavit of the person requesting the
7amendment. A change in the marital status on the birth certificate may be made
8under this paragraph only if the marital status is inconsistent with information
9concerning the father or husband a parent or spouse that appears on the birth
10certificate. This paragraph may not be used to add to or delete from a birth certificate
11the name of a parent, to change the identity of a parent named on the birth certificate,
12or to effect a name change prohibited under s. 301.47.
AB992, s. 28 13Section 28. 69.12 (5) of the statutes is amended to read:
AB992,10,1814 69.12 (5) A change in the marital status on the certificate of birth may be
15requested under this section only if the marital status is inconsistent with father or
16husband
parent or spouse information appearing on the certificate of birth. This
17section may not be used to add or delete the name of a parent on the certificate of birth
18or change the identity of either parent named on the certificate of birth.
AB992, s. 29 19Section 29. 69.13 (2) (b) 4. of the statutes is amended to read:
AB992,10,2420 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage
21document, a certified copy of a certificate of divorce or annulment or a final divorce
22decree that indicates that the mother was not married to the person listed as her
23husband spouse at any time during the pregnancy, a legal name change order, or any
24other legal document that clarifies the disputed information.
AB992, s. 30 25Section 30. 69.14 (1) (e) of the statutes is amended to read:
AB992,11,5
169.14 (1) (e) Father's name. 1. If the mother of a registrant under this section
2was married to a man at any time from the conception to the birth of the registrant,
3the name of the husband spouse of the mother shall be entered on the birth certificate
4as the legal father of the registrant. The name of the father entered under this
5subdivision may not be changed except by a proceeding under ch. 767.
AB992,11,116 2. If the mother was not married to a man at any time from the conception to
7the birth of a registrant under this section, no name of any alleged father of the
8registrant may be entered as the father on the birth certificate except as provided
9under s. 69.15 (3). If under this subdivision the name of the father of the registrant
10of a birth certificate is omitted from the certificate, no other information about the
11father may be entered on the certificate.
AB992, s. 31 12Section 31. 69.14 (1) (g) of the statutes is amended to read:
AB992,11,2013 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth
14certificate under this section is born as a result of artificial insemination under the
15requirements of s. 891.40, the husband spouse of the woman mother shall be
16considered the father a parent of the registrant on the birth certificate. If the
17registrant is born as a result of artificial insemination which does not satisfy the
18requirements of s. 891.40, the any information about the father a parent, other than
19the biological mother,
of the registrant shall be omitted from the registrant's birth
20certificate.
AB992, s. 32 21Section 32. 69.15 (3) (b) 1. and 2. of the statutes are amended to read:
AB992,12,422 69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives
23a statement acknowledging paternity on a form prescribed by the state registrar and
24signed by both of the birth parents of a child determined to be a marital child under
25s. 767.60, a certified copy of the parents' marriage certificate and the fee required

1under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband male
2spouse
from the marriage certificate as the father if the name of the father was
3omitted on the original birth certificate. The state registrar shall include on the form
4for the acknowledgment a notice of the information in s. 767.458 (1) (a) to (e).
AB992,12,95 2. Except as provided under par. (c), if the parent of a child determined to be
6a marital child under s. 767.60 dies after his or her marriage and before the
7statement acknowledging paternity has been signed, the state registrar shall insert
8the name of the father under subd. 1. upon receipt of a court order determining that
9the husband male spouse was the father of the child.
AB992, s. 33 10Section 33. 71.03 (2) (d) (title) of the statutes is amended to read:
AB992,12,1111 71.03 (2) (d) (title) Husband and wife Married persons joint filing.
AB992, s. 34 12Section 34. 71.03 (2) (d) 1. of the statutes is amended to read:
Loading...
Loading...