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:
AB816,110 22Section 110. 765.16 (1m) (c) of the statutes is amended to read:
AB816,38,223 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
24take
each takes the other as husband and wife his or her spouse, in accordance with

1the customs, rules, and regulations of any religious society, denomination, or sect to
2which either of the parties may belong.
AB816,111 3Section 111. 765.23 of the statutes is amended to read:
AB816,38,18 4765.23 Immaterial irregularities otherwise. No marriage hereafter
5contracted shall be void either by reason of the marriage license having been issued
6by a county clerk not having jurisdiction to issue the same; or by reason of any
7informality or irregularity of form in the application for the marriage license or in
8the marriage license itself, or the incompetency of the witnesses to such marriage;
9or because the marriage may have been solemnized in a county other than the county
10prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
11if the marriage is in other respects lawful and is consummated with the full belief
12on the part of the persons so married, or either of them, that they have been lawfully
13joined in marriage. Where a marriage has been celebrated in one of the forms
14provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
15assumed the habit and repute of husband and wife a married couple, and having
16continued the same uninterruptedly thereafter for the period of one year, or until the
17death of either of them, it shall be deemed that a marriage license has been issued
18as required by ss. 765.05 to 765.24 and 767.803.
AB816,112 19Section 112. 765.24 of the statutes is amended to read:
AB816,39,8 20765.24 Removal of impediments to subsequent marriage. If a person
21during the lifetime of a husband or wife spouse with whom the marriage is in force,
22enters into a subsequent marriage contract in accordance with s. 765.16, and the
23parties thereto live together thereafter as husband and wife a married couple, and
24such subsequent marriage contract was entered into by one of the parties in good
25faith, in the full belief that the former husband or wife spouse was dead, or that the

1former marriage had been annulled, or dissolved by a divorce, or without knowledge
2of such former marriage, they the parties shall, after the impediment to their
3marriage has been removed by the death or divorce of the other party to such former
4marriage, if they continue to live together as husband and wife a married couple in
5good faith on the part of one of them, be held to have been legally married from and
6after the removal of such impediment and the issue of any children born during such
7subsequent marriage shall be considered as the marital issue children of both
8parents parties.
AB816,113 9Section 113. 765.30 (3) (a) of the statutes is amended to read:
AB816,39,1810 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
11person who solemnizes a marriage unless the contracting parties have first obtained
12a proper marriage license as heretofore provided; or unless the parties to such
13marriage declare that they take each takes the other as husband and wife his or her
14spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
15marriage knowing of any legal impediment thereto; or solemnizes a marriage more
16than 30 days after the date of the marriage license; or falsely certifies to the date of
17a marriage solemnized by the officiating person; or solemnizes a marriage in a county
18other than the county prescribed in s. 765.12.
AB816,114 19Section 114. 766.587 (7) (form) 9. of the statutes is amended to read:
AB816,39,2420 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
21SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
22OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
23OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
24DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB816,40,2
1STATUTORY INDIVIDUAL
2 PROPERTY CLASSIFICATION AGREEMENT
AB816,40,33 (Pursuant to Section 766.587, Wisconsin Statutes)
AB816,40,54 This agreement is made and entered into by .... and ...., (husband and wife who
5are married
) (who intend to marry) (strike one).
AB816,40,96 The parties to this agreement agree to classify all their property, including
7property owned by them now and property acquired before January 1, 1987, as the
8individual property of the owning spouse, and agree that ownership of their property
9shall be determined as if it were December 31, 1985.
AB816,40,1010 This agreement terminates on January 1, 1987.
AB816,40,1111 Signature .... Date ....
AB816,40,1212 Print Name Here: ....
AB816,40,1313 Address: ....
AB816,40,1414 Signature .... Date ....
AB816,40,1515 Print Name Here: ....
AB816,40,1616 Address: ....
AB816,40,1817 [Note: Each spouse should retain a copy of the agreement for himself or
18herself.]
AB816,115 19Section 115. 766.588 (9) (form) 13. of the statutes is amended to read:
AB816,40,2320 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
21OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
22URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
23EFFECTIVENESS OF THIS AGREEMENT.
AB816,40,24 24Statutory terminable marital
AB816,40,25 25Property classification agreement
AB816,41,1
1(Pursuant to Section 766.588, Wisconsin Statutes)
AB816,41,52 This agreement is entered into by .... and .... (husband and wife who are
3married
) (who intend to marry) (strike one). The parties hereby classify all of the
4property owned by them when this agreement becomes effective, and property
5acquired during the term of this agreement, as marital property.
AB816,41,96 One spouse may terminate this agreement at any time by giving signed notice
7of termination to the other spouse. Notice of termination by a spouse is given upon
8personal delivery or when sent by certified mail to the other spouse's last-known
9address. The agreement terminates 30 days after such notice is given.
AB816,41,1410 The parties (have) (have not) (strike one) completed Schedule "A", "Financial
11Disclosure", attached to this agreement. If Schedule "A" has not been completed, the
12duration of this agreement is 3 years after both parties have signed the agreement.
13If Schedule "A" has been completed, the duration of this agreement is not limited to
143 years after it is signed.
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