AB992: Bill Text

AB992,8,15 49.19 (4) (d) 8. Is incapacitated and the county department under s. 46.215 or 46.22 believes she the parent or stepparent is the proper payee.

AB992, s. 25 Section 25. 49.43 (12) of the statutes is amended to read:

AB992,8,19 49.43 (12) "Spouse" means the legal husband or wife of the beneficiary individual to whom the beneficiary is legally married, whether or not eligible for medical assistance.

AB992, s. 26 Section 26. 49.90 (4) of the statutes is amended to read:

AB992,9,21 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB992, s. 27 Section 27. 69.11 (4) (b) of the statutes, as affected by 2003 Wisconsin Act 52, is amended to read:

AB992,9,25 69.11 (4) (b) The state registrar may amend an item on a birth certificate that affects information about the name, sex, date of birth, place of birth, parent's name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth certificate, if the amendment is at the request of a person with a direct and tangible interest in the record and is on a request form supplied by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth certificate may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband a parent or spouse that appears on the birth certificate. This paragraph may not be used to add to or delete from a birth certificate the name of a parent, to change the identity of a parent named on the birth certificate, or to effect a name change prohibited under s. 301.47.

AB992, s. 28 Section 28. 69.12 (5) of the statutes is amended to read:

AB992,10,18 69.12 (5) A change in the marital status on the certificate of birth may be requested under this section only if the marital status is inconsistent with father or husband parent or spouse information appearing on the certificate of birth. This section may not be used to add or delete the name of a parent on the certificate of birth or change the identity of either parent named on the certificate of birth.

AB992, s. 29 Section 29. 69.13 (2) (b) 4. of the statutes is amended to read:

AB992,10,24 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of divorce or annulment or a final divorce decree that indicates that the mother was not married to the person listed as her husband spouse at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

AB992, s. 30 Section 30. 69.14 (1) (e) of the statutes is amended to read:

AB992,11,5 69.14 (1) (e) Father's name. 1. If the mother of a registrant under this section was married to a man at any time from the conception to the birth of the registrant, the name of the husband spouse of the mother shall be entered on the birth certificate as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under ch. 767.

AB992,11,11 2. If the mother was not married to a man at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth certificate except as provided under s. 69.15 (3). If under this subdivision the name of the father of the registrant of a birth certificate is omitted from the certificate, no other information about the father may be entered on the certificate.

AB992, s. 31 Section 31. 69.14 (1) (g) of the statutes is amended to read:

AB992,11,20 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth certificate under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband spouse of the woman mother shall be considered the father a parent of the registrant on the birth certificate. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the any information about the father a parent, other than the biological mother, of the registrant shall be omitted from the registrant's birth certificate.

AB992, s. 32 Section 32. 69.15 (3) (b) 1. and 2. of the statutes are amended to read:

AB992,12,4 69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.60, a certified copy of the parents' marriage certificate and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband male spouse from the marriage certificate as the father if the name of the father was omitted on the original birth certificate. The state registrar shall include on the form for the acknowledgment a notice of the information in s. 767.458 (1) (a) to (e).

AB992,12,9 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.60 dies after his or her marriage and before the statement acknowledging paternity has been signed, the state registrar shall insert the name of the father under subd. 1. upon receipt of a court order determining that the husband male spouse was the father of the child.

AB992, s. 33 Section 33. 71.03 (2) (d) (title) of the statutes is amended to read:

AB992,12,11 71.03 (2) (d) (title) Husband and wife Married persons joint filing.

AB992, s. 34 Section 34. 71.03 (2) (d) 1. of the statutes is amended to read:

AB992,12,15 71.03 (2) (d) 1. Except as provided in subds. 2. and 3. and par. (e), a husband and a wife married persons may file a joint return for income tax purposes even though one of the spouses has no gross income or no deductions.

AB992, s. 35 Section 35. 71.03 (2) (d) 2. of the statutes is amended to read:

AB992,12,20 71.03 (2) (d) 2. No joint return may be filed if either the husband or wife spouse at any time during the taxable year is a nonresident alien, unless an election is in effect for the taxable year under section 6013 (g) or (h) of the internal revenue code Internal Revenue Code.

AB992, s. 36 Section 36. 71.03 (2) (d) 3. of the statutes is amended to read:

AB992,13,3 71.03 (2) (d) 3. No joint return may be filed if the husband and wife spouses have different taxable years, except that if their taxable years begin on the same day and end on different days because of the death of either or both the joint return may be filed with respect to the taxable year of each unless the surviving spouse remarries before the close of his or her taxable year or unless the taxable year of either spouse is a fractional part of a year under section 443 (a) (1) of the internal revenue code Internal Revenue Code.

AB992, s. 37 Section 37. 71.03 (2) (g) of the statutes is amended to read:

AB992,13,19 71.03 (2) (g) Joint return following separate return. Except as provided in par. (i), if an individual has filed a separate return for a taxable year for which a joint return could have been filed by the individual and the individual's spouse under par. (d) or (e) and the time prescribed by law for timely filing the return for that taxable year has expired, the individual and the individual's spouse may file a joint return for that taxable year. A joint return filed by the husband and wife spouses under this paragraph is their return for that taxable year, and all payments, credits, refunds or other repayments made or allowed with respect to the separate return of each spouse for that taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is filed under this paragraph, any election, other than the election to file a separate return, made by either spouse in that spouse's separate return for that taxable year with respect to the treatment of any income, deduction or credit of that spouse may not be changed in the filing of the joint return if that election would have been irrevocable if the joint return had not been filed.

AB992, s. 38 Section 38. 71.03 (2) (m) 2. of the statutes is amended to read:

AB992,13,24 71.03 (2) (m) 2. If a husband and wife married person and his or her spouse change from a joint return to separate returns within the time prescribed in subd. 1., the tax paid on the joint return shall be allocated between them in proportion to the tax liability shown on each separate return.

AB992, s. 39 Section 39. 71.03 (4) (a) of the statutes is amended to read:

AB992,14,10 71.03 (4) (a) Natural persons whose total income is not in excess of $10,000 and consists entirely of wages subject to withholding for Wisconsin tax purposes and not more than $200 total of dividends, interest and other wages not subject to Wisconsin withholding, and who have elected the Wisconsin standard deduction and have not claimed either the credit for homestead property tax relief or the deductions for expenses incurred in earning such income, shall, at their election, not be required to record on their income tax returns the amount of the tax imposed on their Wisconsin taxable income. Married persons shall be permitted this election only if the joint income of the husband and wife spouses does not exceed $10,000, if both report their incomes on the same joint income tax return form, and if both make this election.

AB992, s. 40 Section 40. 71.05 (22) (a) (title) of the statutes is amended to read:

AB992,14,13 71.05 (22) (a) (title) Election of deductions; husband and wife married persons' deductions.

AB992, s. 41 Section 41. 71.07 (5m) (a) 3. of the statutes is amended to read:

AB992,14,16 71.07 (5m) (a) 3. "Household" means a claimant and an individual related to the claimant as husband or wife the claimant's spouse.

AB992, s. 42 Section 42. 71.07 (9e) (b) of the statutes is amended to read:

AB992,14,21 71.07 (9e) (b) No credit may be allowed under this subsection to married persons, except married persons living apart who are treated as single under section 7703 (b) of the internal revenue code Internal Revenue Code, if the husband and wife spouses report their income on separate income tax returns for the taxable year.

AB992, s. 43 Section 43. 71.09 (13) (a) 2. of the statutes is amended to read:

AB992,15,5 71.09 (13) (a) 2. The tax shown on the return for the preceding year. If a husband and wife spouses who filed separate returns for the preceding taxable year file a joint return, the tax shown on the return for the preceding year is the sum of the taxes shown on the separate returns of the husband and wife spouses. If a husband and wife spouses who filed a joint return for the preceding taxable year file separate returns, the tax shown on the return for the preceding year is the husband's or wife's one spouse's proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.

AB992, s. 44 Section 44. 71.52 (4) of the statutes is amended to read:

AB992,15,8 71.52 (4) "Household" means a claimant and an individual related to the claimant as husband or wife the claimant's spouse.

AB992, s. 45 Section 45. 71.83 (1) (a) 8. of the statutes is amended to read:

AB992,15,16 71.83 (1) (a) 8. `Joint return replacing separate returns.' If the amount shown as the tax by the husband and wife married persons on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25% of the total amount of that excess shall be added to the tax.

AB992, s. 46 Section 46. 71.83 (1) (b) 5. of the statutes is amended to read:

AB992,15,23 71.83 (1) (b) 5. `Joint return after separate returns.' If the amount shown as the tax by the husband and wife married persons on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50% of the total amount of that excess shall be added to the tax.

AB992, s. 47 Section 47. 77.25 (8m) of the statutes is amended to read:

AB992,15,25 77.25 (8m) Between husband and wife spouses.

AB992, s. 48 Section 48. 102.49 (1) of the statutes is amended to read:

AB992,16,12 102.49 (1) Where the beneficiary under s. 102.46 or 102.47 (1) is the wife or husband spouse of the deceased employee and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by sub. (5) for each child by their marriage who is living at the time of the death of the employee, and who is likewise wholly dependent upon the employee for support. Such payment shall commence at the time that primary death benefit payments are completed, or if advancement of compensation has been paid at the time when payments would normally have been completed. Payments shall continue at the rate of 10% of the surviving parent's weekly indemnity until the child's 18th birthday. If the child is physically or mentally incapacitated, such payments may be continued beyond the 18th birthday but the payments may not continue for more than a total of 15 years.

AB992, s. 49 Section 49. 102.51 (1) (a) 1. of the statutes is amended to read:

AB992,16,15 102.51 (1) (a) 1. A wife An individual upon a husband his or her spouse with whom she the individual is living at the time of his the spouse's death.

AB992, s. 50 Section 50. 102.51 (1) (a) 2. of the statutes is repealed.

AB992, s. 51 Section 51. 103.10 (1) (h) of the statutes is amended to read:

AB992,16,19 103.10 (1) (h) "Spouse" means an employee's legal husband or wife the person to whom an employee is legally married.

AB992, s. 52 Section 52. 111.32 (12) of the statutes is amended to read:

AB992,16,22 111.32 (12) "Marital status" means the status of being married, single, divorced, or separated or widowed being a surviving spouse.

AB992, s. 53 Section 53. 115.76 (12) (a) 2. of the statutes is amended to read:

AB992,16,25 115.76 (12) (a) 2. A husband An individual who has consented to the artificial insemination of his wife or her spouse under s. 891.40.

AB992, s. 54 Section 54. 146.34 (1) (f) of the statutes is amended to read:

AB992,17,7 146.34 (1) (f) "Parent" means a biological parent, a husband a spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40 or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.

AB992, s. 55 Section 55. 157.05 of the statutes is amended to read:

AB992,17,15 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife spouse, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB992, s. 56 Section 56. 157.10 of the statutes is amended to read:

AB992,17,24 157.10 Alienation and use of cemetery lots. While any person is buried in a cemetery lot, the cemetery lot shall be inalienable, without the consent of the cemetery authority, and on the death of the owner, ownership of the cemetery lot shall descend to the owner's heirs; but any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot. No human remains may be buried in a cemetery lot except the human remains of one having an interest in the cemetery lot, or a relative, or the husband or wife spouse of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot.

AB992, s. 57 Section 57. 182.004 (6) of the statutes is amended to read:

AB992,18,6 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB992, s. 58 Section 58. 301.12 (2) of the statutes is amended to read:

AB992,19,4 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons that person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB992, s. 59 Section 59. 700.19 (2) of the statutes is amended to read:

AB992,19,13 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer or buyers in a bill of sale are described in the document, instrument or bill of sale as husband and wife spouses, or are in fact husband and wife spouses, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

AB992, s. 60 Section 60. 705.01 (4) and (4m) of the statutes are amended to read:

AB992,19,20 705.01 (4) "Joint account" means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. "Joint account" also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

AB992,20,2 (4m) "Marital account" means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

AB992, s. 61 Section 61. 706.09 (1) (e) of the statutes is amended to read:

AB992,20,10 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, or unmarried or widowed, or is a surviving spouse, or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

AB992, s. 62 Section 62. 765.001 (2) of the statutes is amended to read:

AB992,21,4 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife spouses, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

AB992, s. 63 Section 63. 765.01 of the statutes is amended to read:

AB992,21,8 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouses.

AB992, s. 64 Section 64. 765.02 (3) of the statutes is created to read:

AB992,21,10 765.02 (3) Two persons of the same or opposite sex may contract marriage.

AB992, s. 65 Section 65. 765.03 (1) of the statutes is amended to read:

AB992,21,21 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that such a marriage may be contracted between first cousins where if the female has attained the age of 55 years or where, if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile, or if the persons are of the same sex. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

AB992, s. 66 Section 66. 765.16 (intro.) and (3) of the statutes are amended to read:

AB992,22,4 765.16 Marriage contract, how made; officiating person. (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. The following are authorized to be officiating persons:

AB992,22,8 (3) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

AB992, s. 67 Section 67. 765.23 of the statutes is amended to read: