AB816,64
13Section
64. 69.15 (3) (b) 3. of the statutes is amended to read:
AB816,25,2414
69.15
(3) (b) 3. Except as provided under par. (c), if the state registrar receives
15a statement acknowledging paternity
of a nonmarital child on a form prescribed by
16the state registrar and signed by both parents, neither of whom was under the age
17of 18 years when the form was signed, along with the fee under s. 69.22, the state
18registrar shall insert the name of the father under subd. 1. The state registrar shall
19mark the certificate to show that the form is on file. The form shall be available to
20the department of children and families or a county child support agency under s.
2159.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other
22person with a direct and tangible interest in the record. The state registrar shall
23include on the form for the acknowledgment the information in s. 767.805 and the
24items in s. 767.813 (5g).
AB816,65
25Section
65. 69.15 (3) (b) 3m. of the statutes is created to read:
AB816,26,7
169.15
(3) (b) 3m. Except as provided in par. (c), if the state registrar receives
2an acknowledgement of parentage on a form prescribed by the state registrar and
3signed by both of the people presumed to be natural parents under s. 891.41 (1) (b),
4a certified copy of the parents' marriage certificate, and the fee required under s.
569.22 (5) (b) 1., the state registrar shall insert the name of the spouse from the
6marriage certificate as a parent if the name of that parent was omitted on the original
7birth certificate.
AB816,66
8Section
66. 71.03 (2) (d) (title) of the statutes is amended to read:
AB816,26,99
71.03
(2) (d) (title)
Husband and wife Spouses joint filing.
AB816,67
10Section
67. 71.03 (2) (d) 1. of the statutes is amended to read:
AB816,26,1311
71.03
(2) (d) 1. Except as provided in subds. 2. and 3. and par. (e),
a husband
12and a wife spouses may file a joint return for income tax purposes even though one
13of the spouses has no gross income or no deductions.
AB816,68
14Section
68. 71.03 (2) (d) 2. of the statutes is amended to read:
AB816,26,1815
71.03
(2) (d) 2. No joint return may be filed if either
the husband or wife spouse 16at any time during the taxable year is a nonresident alien, unless an election is in
17effect for the taxable year under section 6013 (g) or (h) of the
internal revenue code 18Internal Revenue Code.
AB816,69
19Section
69. 71.03 (2) (d) 3. of the statutes is amended to read:
AB816,27,220
71.03
(2) (d) 3. No joint return may be filed if the
husband and wife spouses 21have different taxable years, except that if their taxable years begin on the same day
22and end on different days because of the death of either or both the joint return may
23be filed with respect to the taxable year of each unless the surviving spouse remarries
24before the close of his or her taxable year or unless the taxable year of either spouse
1is a fractional part of a year under section 443 (a) (1) of the
internal revenue code 2Internal Revenue Code.
AB816,70
3Section
70. 71.03 (2) (g) of the statutes is amended to read:
AB816,27,184
71.03
(2) (g)
Joint return following separate return. Except as provided in par.
5(i), if an individual has filed a separate return for a taxable year for which a joint
6return could have been filed by the individual and the individual's spouse under par.
7(d) or (e) and the time prescribed by law for timely filing the return for that taxable
8year has expired, the individual and the individual's spouse may file a joint return
9for that taxable year. A joint return filed by the
husband and wife spouses under this
10paragraph is their return for that taxable year, and all payments, credits, refunds
11or other repayments made or allowed with respect to the separate return of each
12spouse for that taxable year shall be taken into account in determining the extent
13to which the tax based upon the joint return has been paid. If a joint return is filed
14under this paragraph, any election, other than the election to file a separate return,
15made by either spouse in that spouse's separate return for that taxable year with
16respect to the treatment of any income, deduction or credit of that spouse may not
17be changed in the filing of the joint return if that election would have been irrevocable
18if the joint return had not been filed.
AB816,71
19Section
71. 71.03 (2) (m) 2. of the statutes is amended to read:
AB816,27,2320
71.03
(2) (m) 2. If
a husband and wife spouses change from a joint return to
21separate returns within the time prescribed in subd. 1., the tax paid on the joint
22return shall be allocated between them in proportion to the tax liability shown on
23each separate return.
AB816,72
24Section
72. 71.03 (4) (a) of the statutes is amended to read:
AB816,28,10
171.03
(4) (a) Natural persons whose total income is not in excess of $10,000 and
2consists entirely of wages subject to withholding for Wisconsin tax purposes and not
3more than $200 total of dividends, interest and other wages not subject to Wisconsin
4withholding, and who have elected the Wisconsin standard deduction and have not
5claimed either the credit for homestead property tax relief or deductions for expenses
6incurred in earning such income, shall, at their election, not be required to record on
7their income tax returns the amount of the tax imposed on their Wisconsin taxable
8income. Married persons shall be permitted this election only if the joint income of
9the
husband and wife spouses does not exceed $10,000, if both report their incomes
10on the same joint income tax return form, and if both make this election.
AB816,73
11Section
73. 71.05 (22) (a) (title) of the statutes is amended to read:
AB816,28,1312
71.05
(22) (a) (title)
Election of deductions; husband and wife spousal
13deductions.
AB816,74
14Section
74. 71.07 (5m) (a) 3. of the statutes is amended to read:
AB816,28,1615
71.07
(5m) (a) 3. "Household" means a claimant and an individual related to
16the claimant as
husband or wife his or her spouse.
AB816,75
17Section
75. 71.07 (9e) (b) of the statutes is amended to read:
AB816,28,2118
71.07
(9e) (b) No credit may be allowed under this subsection to married
19persons, except married persons living apart who are treated as single under section
207703 (b) of the
internal revenue code Internal Revenue Code, if the
husband and wife 21spouses report their income on separate income tax returns for the taxable year.
AB816,76
22Section
76. 71.09 (13) (a) 2. of the statutes is amended to read:
AB816,29,523
71.09
(13) (a) 2. The tax shown on the return for the preceding year. If
a
24husband and wife spouses who filed separate returns for the preceding taxable year
25file a joint return, the tax shown on the return for the preceding year is the sum of
1the taxes shown on the separate returns of the
husband and wife spouses. If
a
2husband and wife spouses who filed a joint return for the preceding taxable year file
3separate returns, the tax shown on the return for the preceding year is
the husband's
4or wife's each spouse's proportion of that tax based on what their respective tax
5liabilities for that year would have been had they filed separately.
AB816,77
6Section
77. 71.52 (4) of the statutes is amended to read:
AB816,29,87
71.52
(4) "Household" means a claimant and an individual related to the
8claimant as
husband or wife his or her spouse.
AB816,78
9Section
78. 71.83 (1) (a) 8. of the statutes is amended to read:
AB816,29,1610
71.83
(1) (a) 8. `Joint return replacing separate returns.' If the amount shown
11as the tax by
the husband and wife spouses on a joint return filed under s. 71.03 (2)
12(g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return
13of each spouse and if any part of that excess is attributable to negligence or
14intentional disregard of this chapter, but without intent to defraud, at the time of the
15filing of that separate return, then
25% 25 percent of the total amount of that excess
16shall be added to the tax.
AB816,79
17Section
79. 71.83 (1) (b) 5. of the statutes is amended to read:
AB816,29,2318
71.83
(1) (b) 5. `Joint return after separate returns.' If the amount shown as
19the tax by
the husband and wife spouses on a joint return filed under s. 71.03 (2) (g)
20to (L) exceeds the sum of the amounts shown as the tax on the separate return of each
21spouse and if any part of that excess is attributable to fraud with intent to evade tax
22at the time of the filing of that separate return, then
50% 50 percent of the total
23amount of that excess shall be added to the tax.
AB816,80
24Section
80. 77.25 (8m) of the statutes is amended to read:
AB816,29,2525
77.25
(8m) Between
husband and wife
spouses.
AB816,81
1Section
81. 77.54 (7) (b) 1. of the statutes is amended to read:
AB816,30,52
77.54
(7) (b) 1. The item is transferred to a child, spouse, parent,
father-in-law,
3mother-in-law parent-in-law, daughter-in-law
, or son-in-law of the transferor or,
4if the item is a motor vehicle, from the transferor to a corporation owned solely by the
5transferor or by the transferor's spouse.
AB816,82
6Section
82. 101.91 (5m) of the statutes is amended to read:
AB816,30,127
101.91
(5m) "Manufactured home community" means any plot or plots of
8ground upon which 3 or more manufactured homes that are occupied for dwelling or
9sleeping purposes are located. "Manufactured home community" does not include a
10farm where the occupants of the manufactured homes are the
father, mother, son,
11daughter, brother or sister parents, children, or siblings of the farm owner or
12operator or where the occupants of the manufactured homes work on the farm.
AB816,83
13Section
83. 102.07 (5) (b) of the statutes is amended to read:
AB816,30,1614
102.07
(5) (b) The parents, spouse, child, brother, sister, son-in-law,
15daughter-in-law,
father-in-law, mother-in-law parent-in-law, brother-in-law, or
16sister-in-law of a farmer shall not be deemed the farmer's employees.
AB816,84
17Section
84. 102.07 (5) (c) of the statutes is amended to read:
AB816,30,2418
102.07
(5) (c) A shareholder-employee of a family farm corporation shall be
19deemed a "farmer" for purposes of this chapter and shall not be deemed an employee
20of a farmer. A "family farm corporation" means a corporation engaged in farming all
21of whose shareholders are related as lineal ancestors or lineal descendants, whether
22by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins,
23sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law parents-in-law,
24brothers-in-law
, or sisters-in-law of such lineal ancestors or lineal descendants.
AB816,85
25Section
85. 102.51 (1) (a) 1. of the statutes is amended to read:
AB816,31,2
1102.51
(1) (a) 1. A
wife
married person upon
a husband his or her spouse with
2whom
he or she is living at the time of
his the spouse's death.
AB816,86
3Section
86. 102.51 (1) (a) 2. of the statutes is repealed.
AB816,87
4Section
87. 103.10 (1) (h) of the statutes is amended to read:
AB816,31,65
103.10
(1) (h) "Spouse" means
an employee's legal husband or wife the person
6to whom an employee is legally married.
AB816,88
7Section
88. 103.165 (3) (a) 3. of the statutes is amended to read:
AB816,31,98
103.165
(3) (a) 3. The decedent's
father or mother parent or parents if the
9decedent leaves no surviving spouse, domestic partner under ch. 770, or children.
AB816,89
10Section
89. 111.32 (12) of the statutes is amended to read:
AB816,31,1211
111.32
(12) "Marital status" means the status of being married, single,
12divorced, separated
, or
widowed
a surviving spouse.
AB816,90
13Section
90. 115.76 (12) (a) 1. of the statutes is amended to read:
AB816,31,1414
115.76
(12) (a) 1. A
biological natural parent.
AB816,91
15Section
91. 115.76 (12) (a) 2. of the statutes is repealed.
AB816,92
16Section
92. 115.76 (12) (a) 3. of the statutes is repealed.
AB816,93
17Section
93. 115.76 (13) of the statutes is amended to read:
AB816,31,2418
115.76
(13) "Person acting as a parent of a child" means a relative of the child
19or a private individual allowed to act as a parent of a child by the child's
biological 20natural or adoptive parents or guardian, and includes the child's grandparent,
21neighbor, friend or private individual caring for the child with the explicit or tacit
22approval of the child's
biological natural or adoptive parents or guardian. "Person
23acting as a parent of a child" does not include any person that receives public funds
24to care for the child if such funds exceed the cost of such care.
AB816,94
25Section
94. 146.34 (1) (f) of the statutes is amended to read:
AB816,32,6
1146.34
(1) (f) "Parent" means a
biological natural parent
, a husband who has
2consented to the artificial insemination of his wife under s. 891.40 or a parent by
3adoption. If the minor is a nonmarital child who is not adopted or whose parents do
4not subsequently intermarry under s. 767.803, "parent" includes a person adjudged
5in a judicial proceeding under ch. 48 to be the biological father of the minor. "Parent"
6does not include any person whose parental rights have been terminated.
AB816,95
7Section
95. 157.05 of the statutes is amended to read:
AB816,32,14
8157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on
9the body of a deceased person shall be deemed sufficient when given by whichever
10one of the following assumes custody of the body for purposes of burial:
Father,
11mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner
12under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged
13by law with the responsibility for burial. If 2 or more such persons assume custody
14of the body, the consent of one of them shall be deemed sufficient.
AB816,96
15Section
96. 157.10 of the statutes is amended to read:
AB816,32,23
16157.10 Alienation and use of cemetery lots. While any person is buried in
17a cemetery lot, the cemetery lot shall be inalienable, without the consent of the
18cemetery authority, and on the death of the owner, ownership of the cemetery lot
19shall descend to the owner's heirs; but any one or more of such heirs may convey to
20any other heir his or her interest in the cemetery lot. No human remains may be
21buried in a cemetery lot except the human remains of one having an interest in the
22cemetery lot, or a relative, or the
husband or wife
spouse of such person, or his or her
23relative, except by the consent of all persons having an interest in the cemetery lot.
AB816,97
24Section
97. 182.004 (6) of the statutes is amended to read:
AB816,33,6
1182.004
(6) Stock may be issued and leases made to
husband and wife spouses,
2and to the survivor of them, in which event title shall descend the same as in like
3conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease
4shall descend to the persons to whom a homestead of the stockholder would descend
5except as provided in ch. 766. The interest of a tenant in the lease and stock shall
6be exempt from execution to the same extent as a homestead in real estate.
AB816,98
7Section
98. 250.04 (3) (a) of the statutes is amended to read:
AB816,33,118
250.04
(3) (a) The department shall establish and maintain surveillance
9activities sufficient to detect any occurrence of acute, communicable or chronic
10diseases and threat of occupational or environmental hazards, injuries or changes
11in the health of
mothers parents and children.
AB816,99
12Section
99. 301.12 (2) of the statutes is amended to read:
AB816,34,813
301.12
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
14including a person placed under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5)
15(e), receiving care, maintenance, services, and supplies provided by any institution
16in this state operated or contracted for by the department, in which the state is
17chargeable with all or part of the person's care, maintenance, services, and supplies,
18and the person's property and estate, including the homestead, and the spouse of the
19person, and the spouse's property and estate, including the homestead, and, in the
20case of a minor child, the parents of the person, and their property and estates,
21including their homestead, and, in the case of a foreign child described in s. 48.839
22(1) who became dependent on public funds for his or her primary support before an
23order granting his or her adoption, the resident of this state appointed guardian of
24the child by a foreign court who brought the child into this state for the purpose of
25adoption, and his or her property and estate, including his or her homestead, shall
1be liable for the cost of the care, maintenance, services, and supplies in accordance
2with the fee schedule established by the department under s. 301.03 (18). If a spouse,
3widow surviving spouse, or minor, or an incapacitated person, may be lawfully
4dependent upon the property for his or her support, the court shall release all or such
5part of the property and estate from the charges that may be necessary to provide for
6that person. The department shall make every reasonable effort to notify the liable
7persons as soon as possible after the beginning of the maintenance, but the notice or
8the receipt of the notice is not a condition of liability.
AB816,100
9Section
100. 301.50 (1) of the statutes is amended to read:
AB816,34,1910
301.50
(1) In this section, "substantial parental relationship" means the
11acceptance and exercise of significant responsibility for the daily supervision,
12education, protection, and care of the child. In evaluating whether an individual has
13had a substantial parental relationship with the child, factors that may be
14considered include, but are not limited to, whether the individual has expressed
15concern for or interest in the support, care, or well-being of the child; whether the
16individual has neglected or refused to provide care or support for the child; and
17whether, with respect to an individual who is or may be
the father a parent of the
18child, the individual has expressed concern for or interest in the support, care, or
19well-being of the mother during her pregnancy.
AB816,101
20Section
101. 700.19 (2) of the statutes is amended to read:
AB816,35,321
700.19
(2) Husband and wife
Spouses. If persons named as owners in a
22document of title, transferees in an instrument of transfer
, or buyers in a bill of sale
23are described in the document, instrument
, or bill of sale as
husband and wife 24married to each other, or are in fact
husband and wife married to each other, they are
25joint tenants, unless the intent to create a tenancy in common is expressed in the
1document, instrument
, or bill of sale. This subsection applies to property acquired
2before January 1, 1986, and, if ch. 766 does not apply when the property is acquired,
3to property acquired on or after January 1, 1986.
AB816,102
4Section
102. 705.01 (4) of the statutes is amended to read:
AB816,35,105
705.01
(4) "Joint account" means an account, other than a marital account,
6payable on request to one or more of 2 or more parties whether or not mention is made
7of any right of survivorship. "Joint account" also means any account established with
8the right of survivorship on or after January 1, 1986, by 2 parties who claim to be
9husband and wife married to each other, which is payable on request to either or both
10of the parties.
AB816,103
11Section
103. 705.01 (4m) of the statutes is amended to read:
AB816,35,1712
705.01
(4m) "Marital account" means an account established without the right
13of survivorship on or after January 1, 1986, by 2 parties who claim to be
husband and
14wife married to each other, which is payable on request to either or both of the parties
15and which is designated as a marital account. An account established by those
16parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint
17account.
AB816,104
18Section
104. 706.09 (1) (e) of the statutes is amended to read:
AB816,35,2519
706.09
(1) (e)
Marital interests. Homestead of the spouse of any transferor of
20an interest in real estate, if the recorded conveyance purporting to transfer the
21homestead states that the person executing it is single, unmarried
, or
widowed a
22surviving spouse or fails to indicate the marital status of the transferor, and if the
23conveyance has, in either case, appeared of record for 5 years. This paragraph does
24not apply to the interest of a married person who is described of record as a holder
25in joint tenancy or of marital property with that transferor.
AB816,105
1Section
105. 765.001 (2) of the statutes is amended to read:
AB816,36,192
765.001
(2) Intent. It is the intent of chs. 765 to 768 to promote the stability
3and best interests of marriage and the family. It is the intent of the legislature to
4recognize the valuable contributions of both spouses during the marriage and at
5termination of the marriage by dissolution or death. Marriage is the institution that
6is the foundation of the family and of society. Its stability is basic to morality and
7civilization, and of vital interest to society and the state. The consequences of the
8marriage contract are more significant to society than those of other contracts, and
9the public interest must be taken into account always. The seriousness of marriage
10makes adequate premarital counseling and education for family living highly
11desirable and courses thereon are urged upon all persons contemplating marriage.
12The impairment or dissolution of the marriage relation generally results in injury
13to the public wholly apart from the effect upon the parties immediately concerned.
14Under the laws of this state, marriage is a legal relationship between 2 equal
15persons
, a husband and wife, who owe to each other mutual responsibility and
16support. Each spouse has an equal obligation in accordance with his or her ability
17to contribute money or services or both which are necessary for the adequate support
18and maintenance of his or her minor children and of the other spouse. No spouse may
19be presumed primarily liable for support expenses under this subsection.
AB816,106
20Section
106. 765.01 of the statutes is amended to read:
AB816,36,24
21765.01 A civil contract. Marriage, so far as its validity at law is concerned,
22is a civil contract, to which the consent of the parties capable in law of contracting
23is essential, and which creates the legal status of
husband and wife spouse to each
24other.
AB816,107
25Section
107. 765.02 (3) of the statutes is created to read:
AB816,37,2
1765.02
(3) Marriage may be contracted between persons of the same or opposite
2sex.
AB816,108
3Section
108. 765.03 (1) of the statutes is amended to read:
AB816,37,144
765.03
(1) No marriage shall be contracted while either of the parties has a
5husband or wife living, nor between persons who are nearer of kin than 2nd cousins
6except that marriage may be contracted between first cousins
where the if a female
7party has attained the age of 55 years or
where if either party, at the time of
8application for a marriage license, submits an affidavit signed by a physician stating
9that either party is permanently sterile
or that the 2 parties are otherwise
10permanently biologically incapable of producing a child together. Relationship
11under this section shall be computed by the rule of the civil law, whether the parties
12to the marriage are of the half or of the whole blood. A marriage may not be
13contracted if either party has such want of understanding as renders him or her
14incapable of assenting to marriage.
AB816,109
15Section
109. 765.16 (1m) (intro.) of the statutes is amended to read:
AB816,37,2116
765.16
(1m) (intro.) Marriage may be validly solemnized and contracted in this
17state only after a marriage license has been issued therefor, and only by the mutual
18declarations of the 2 parties to be joined in marriage that
they take each
takes the 19other as
husband and wife his or her spouse, made before an authorized officiating
20person and in the presence of at least 2 competent adult witnesses other than the
21officiating person. The following are authorized to be officiating persons: