LRB-0690/3
PJK&RAC:lmk:jf
2005 - 2006 LEGISLATURE
June 17, 2005 - Introduced by Representative Schneider. Referred to Committee
on Insurance.
AB503,1,7
1An Act to renumber and amend 40.02 (20) and 765.01;
to amend 40.55 (1) and
2765.001 (2); and
to create 40.02 (20) (b), 40.02 (21c), 40.02 (21d), 765.01 (2),
3chapter 770, 990.01 (19p) and 990.01 (39) of the statutes;
relating to: defining
4marriage as between one man and one woman and establishing domestic
5partnership; providing coverage for domestic partners of University of
6Wisconsin System employees and annuitants under health care coverage plans
7and long-term care insurance policies offered by the Group Insurance Board.
Analysis by the Legislative Reference Bureau
Health insurance benefits for domestic partners of University of Wisconsin
System employees and annuitants
Under current law, the Group Insurance Board offers health care coverage
plans for state employees, local government employees, school district employees,
and annuitants under the Wisconsin Retirement System. In addition, the Group
Insurance Board currently offers long-term care insurance policies to state
employees and state annuitants. Under the health care coverage plans, the
employees and annuitants are able to receive coverage for dependents; under the
long-term care insurance policies, the employees and annuitants are able to
purchase the policies for their spouses and parents.
This bill provides that domestic partners (as defined below) of University of
Wisconsin System employees and annuitants are eligible to receive coverage under
the health care coverage plans offered by the Group Insurance Board and that state
employees and state annuitants are able to purchase the policies for their domestic
partners.
Defining marriage
Current law provides that marriage is a civil contract that creates the legal
status of husband and wife. Current law prohibits certain marriages, such as a
marriage between persons who are nearer of kin than second cousins or a marriage
in which at least one of the persons was divorced less than six months before the
marriage. If a person who is prohibited from marrying in this state leaves the state
for the purpose of contracting a marriage in a state where the marriage is valid, that
marriage is void in this state. Such a person will be considered to have left this state
for the purpose of marrying in the other state if he or she lived in this state within
12 months before marrying in the other state and resumed residence in this state
within 18 months after leaving this state, or if he or she maintained a residence in
this state the entire time that he or she was away.
This bill specifies that marriage is a civil contract between one man and one
woman. The bill provides that only marriage between one man and one woman will
be recognized as valid in this state, regardless of whether a marriage took place in
a jurisdiction that defined marriage other than between one man and one woman as
valid, and regardless of whether the statute regarding marrying in another state to
circumvent the marriage laws of this state applies to a marriage. The bill provides
definitions for "spouse" and "marriage" for purposes of statutory construction. A
"spouse" is defined as a party to a marriage, and "marriage" is defined as a civil
contract between one man and one woman that creates the legal status for the parties
of husband and wife.
Domestic partnership
Current law specifies the requirements for contracting and for dissolving a
marriage and, in addition, sets out various rights and responsibilities that apply to
married persons or that result from the legal status of marriage. This bill provides
requirements for forming a legal relationship of domestic partnership. Under the
bill, a domestic partnership may be formed by two individuals who are at least 18
years old and who are not married or in another domestic partnership. The
individuals may not be related to each other by blood in any way that would prohibit
them from marrying under the laws of the state and must consider themselves to be
members of each other's immediate family.
The procedure for obtaining a declaration of domestic partnership is similar to
the procedure for obtaining a marriage license. The individuals apply for a
declaration of domestic partnership to the county clerk of the county in which at least
one of them has resided for at least 30 days. The application must be subscribed to
by the parties, who must submit proof of identification to the county clerk. Just as
with an application for a marriage license, the application must contain the social
security numbers of the parties, as well as any other information that the
Department of Health and Family Services directs. Just as with an application for
a marriage license, a portion of the application for a declaration of domestic
partnership contains information that is collected for statistical purposes only and
is not open to public inspection. If the parties fulfill all of the requirements for
forming a domestic partnership, the clerk issues to the parties a declaration of
domestic partnership. The parties must complete the declaration, sign it in front of
a notary, and submit it to the register of deeds of the county in which either party
resides. After recording the declaration, the register of deeds must send the original
to the state registrar of vital statistics.
The bill provides that any state statute or rule that applies to a married person
or a formerly married person, such as a widow, applies in the same respect to a
domestic partner or a person who was formerly a domestic partner; that any state
statute or rule that applies to marriage or a marital relationship, including
dissolution of a marriage, applies in the same respect to a domestic partnership; and
that any state statute or rule that applies to a marriage document applies in the same
respect to a declaration of domestic partnership. Thus, under the bill for example,
the statutory divorce procedure and property division would apply to the dissolution
of a domestic partnership; the marital property provisions of current law would apply
to domestic partners; a domestic partner would have the same intestate inheritance
rights as a spouse and the same election rights under a will; domestic partners would
be entitled to adopt; domestic partners could file joint state income tax returns; a
domestic partner could consent to an autopsy on the body of his or her deceased
domestic partner; a domestic partner could make a claim for loss of society and
companionship in the event of the wrongful death of his or her domestic partner;
domestic partners could obtain a combined fishing license; a domestic partner would
have an evidentiary privilege to prevent his or her domestic partner from testifying
as to any private communication between the two during their domestic partnership;
and a domestic partner could receive death benefits under the worker's
compensation law as the result of the employment-related death of his or her
domestic partner.
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:
AB503, s. 1
1Section
1. 40.02 (20) of the statutes is renumbered 40.02 (20) (intro.) and
2amended to read:
AB503,3,33
40.02
(20) (intro.) "Dependent" means
the:
AB503,4,4
4(a) Except as provided in par. (b), the spouse, minor child, including
5stepchildren of the current marriage dependent on the employee for support and
6maintenance, or child of any age, including stepchildren of the current marriage, if
1handicapped to an extent requiring continued dependence. For group insurance
2purposes only, the department may promulgate rules with a different definition of
3"dependent" than the one otherwise provided in this
subsection paragraph for each
4group insurance plan.
AB503, s. 2
5Section
2. 40.02 (20) (b) of the statutes is created to read:
AB503,4,136
40.02
(20) (b) For an employee of the Board of Regents of the University of
7Wisconsin System or for an annuitant who was employed by the Board of Regents
8of the University of Wisconsin System on the day on which he or she terminated
9covered employment, the spouse, domestic partner, minor child, including
10stepchildren of the current marriage or children of a domestic partner dependent on
11the employee for support and maintenance, or child of any age, including
12stepchildren of the current marriage or children of a domestic partner, if
13handicapped to an extent requiring continued dependence.
AB503, s. 3
14Section
3. 40.02 (21c) of the statutes is created to read:
AB503,4,1515
40.02
(21c) "Domestic partner" has the meaning given in s. 770.01 (1).
AB503, s. 4
16Section
4. 40.02 (21d) of the statutes is created to read:
AB503,4,1717
40.02
(21d) "Domestic partnership" has the meaning given in s. 770.01 (2).
AB503, s. 5
18Section
5. 40.55 (1) of the statutes is amended to read:
AB503,5,5
1940.55 Long-term care coverage. (1) Except as provided in sub. (5), the state
20shall offer, through the group insurance board, to eligible employees under s. 40.02
21(25) (bm) and to state annuitants long-term care insurance policies which have been
22approved for sale in this state by the office of the commissioner of insurance and
23which have been approved for offering under contracts established by the group
24insurance board if the insurer requests that the policy be offered
, and the state shall
25also allow an eligible employee or a state annuitant to purchase those policies for his
1or her spouse or parent.
If the eligible employee is employed by the Board of Regents
2of the University of Wisconsin System or if the state annuitant was employed by the
3Board of Regents of the University of Wisconsin System on the day on which he or
4she terminated covered employment, the state shall also allow the eligible employee
5or state annuitant to purchase those policies for his or her domestic partner.
AB503, s. 6
6Section
6. 765.001 (2) of the statutes is amended to read:
AB503,6,27
765.001
(2) Intent. It is the intent of chs. 765 to 768 to promote the stability
8and best interests of marriage and the family. It is the intent of the legislature to
9recognize the valuable contributions of both spouses during the marriage and at
10termination of the marriage by dissolution or death. Marriage is the institution that
11is the foundation of the family and of society. Its stability is basic to morality and
12civilization, and of vital interest to society and the state. The consequences of the
13marriage contract are more significant to society than those of other contracts, and
14the public interest must be taken into account always. The seriousness of marriage
15makes adequate premarital counseling and education for family living highly
16desirable and courses thereon are urged upon all persons contemplating marriage.
17The impairment or dissolution of the marriage relation generally results in injury
18to the public wholly apart from the effect upon the parties immediately concerned.
19It is the public policy of this state that marriage may be contracted only between one
20man and one woman. Under the laws of this state, marriage is a legal relationship
21between 2 equal persons, a husband and wife, who owe to each other mutual
22responsibility and support. Each spouse has an equal obligation in accordance with
23his or her ability to contribute money or services or both which are necessary for the
24adequate support and maintenance of his or her minor children and of the other
1spouse. No spouse may be presumed primarily liable for support expenses under this
2subsection.
AB503, s. 7
3Section
7. 765.01 of the statutes is renumbered 765.01 (1) and amended to
4read:
AB503,6,75
765.01
(1) Marriage, so far as its validity at law is concerned, is a civil contract
6between one man and one woman, to which the consent of the parties capable in law
7of contracting is essential, and which creates the legal status of husband and wife.
AB503, s. 8
8Section
8. 765.01 (2) of the statutes is created to read:
AB503,6,129
765.01
(2) Regardless of whether s. 765.04 applies and regardless of whether
10a marriage takes place in another jurisdiction in which marriage other than between
11one man and one woman is defined as valid, only marriage between one man and one
12woman shall be recognized as valid in this state.
AB503, s. 9
13Section
9. Chapter 770 of the statutes is created to read:
AB503,6,1515
Domestic partnership
AB503,6,16
16770.01 Definitions. In this chapter:
AB503,6,19
17(1) "Domestic partner" means an individual who has signed and filed a
18declaration of domestic partnership in the office of the register of deeds as provided
19under s. 770.10.
AB503,6,21
20(2) "Domestic partnership" means the legal relationship that is formed
21between 2 individuals under this chapter.
AB503,6,23
22770.05 Criteria for forming a domestic partnership. Two individuals may
23form a domestic partnership if they fulfill all of the following criteria:
AB503,6,25
24(1) Each individual is at least 18 years old and otherwise competent to enter
25into a contract.
AB503,7,2
1(2) Neither individual is married to, or registered in a domestic partnership
2with, another individual.
AB503,7,4
3(3) The 2 individuals are not related by blood in any way that would prohibit
4marriage under s. 765.03.
AB503,7,6
5(4) The 2 individuals consider themselves to be members of each other's
6immediate family.
AB503,7,10
7770.07 Application. (1) (a) Individuals who wish to form a domestic
8partnership shall apply for a declaration of domestic partnership to the county clerk
9of the county in which at least one of the individuals has resided for at least 30 days
10immediately before applying.
AB503,7,1311
(b) 1. Except as provided in subd. 2., the county clerk may not issue a
12declaration of domestic partnership until at least 5 days after receiving the
13application for the declaration of domestic partnership.
AB503,7,1714
2. The county clerk may, at his or her discretion, issue a declaration of domestic
15partnership less than 5 days after application if the applicant pays an additional fee
16of not more than $10 to cover any increased processing cost incurred by the county.
17The county clerk shall pay this fee into the county treasury.
AB503,7,2118
(c) No declaration of domestic partnership may be issued unless the application
19for it is subscribed to by the parties intending to form the domestic partnership;
20contains the social security number of each party who has a social security number;
21and is filed with the clerk who issues the declaration of domestic partnership.
AB503,8,522
(d) 1. Each applicant for a declaration of domestic partnership shall present
23satisfactory, documentary proof of identification and residence and shall swear to,
24or affirm, the application before the clerk who is to issue the declaration of domestic
25partnership. In addition to the social security number of each party who has a social
1security number, the application shall contain such informational items as the
2department of health and family services directs. The portion of the application form
3that is collected for statistical purposes only shall indicate that the address of an
4applicant may be provided by a county clerk to a law enforcement officer under the
5conditions specified under s. 770.18 (2).
AB503,8,136
2. Each applicant for a declaration of domestic partnership who is under 30
7years of age shall exhibit to the clerk a certified copy of a birth certificate, and shall
8submit a copy of any judgment or death certificate affecting the applicant's domestic
9partnership status. If any applicable birth certificate, death certificate, or judgment
10is unobtainable, other satisfactory documentary proof may be presented instead.
11Whenever the clerk is not satisfied with the documentary proof presented, he or she
12shall submit the presented proof to a judge of a court of record in the county of
13application for an opinion as to its sufficiency.
AB503,8,21
14(2) If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a
15declaration of domestic partnership. With each declaration of domestic partnership,
16the county clerk shall provide a pamphlet describing the causes and effects of fetal
17alcohol syndrome. After the application for the declaration of domestic partnership,
18the clerk shall, upon the sworn statement of either of the applicants, correct any
19erroneous, false, or insufficient statement in the application that comes to the clerk's
20attention and shall show the corrected statement, as soon as reasonably possible, to
21the other applicant.
AB503,9,2
22770.10 Completion and filing of declaration. In order to form the legal
23status of domestic partners, the individuals shall complete the declaration of
24domestic partnership, sign the declaration, having their signatures acknowledged
25before a notary, and submit the declaration to the register of deeds of the county in
1which either individual resides. The register of deeds shall record the declaration
2and forward the original to the state registrar of vital statistics.