AB337,93
17Section 93
. 71.03 (2) (m) 2. of the statutes is amended to read:
AB337,35,2118
71.03
(2) (m) 2. If
a husband and wife spouses change from a joint return to
19separate returns within the time prescribed in subd. 1., the tax paid on the joint
20return shall be allocated between them in proportion to the tax liability shown on
21each separate return.
AB337,94
22Section 94
. 71.03 (4) (a) of the statutes is amended to read:
AB337,36,723
71.03
(4) (a) Natural persons whose total income is not in excess of $10,000 and
24consists entirely of wages subject to withholding for Wisconsin tax purposes and not
25more than $200 total of dividends, interest and other wages not subject to Wisconsin
1withholding, and who have elected the Wisconsin standard deduction and have not
2claimed either the credit for homestead property tax relief or deductions for expenses
3incurred in earning such income, shall, at their election, not be required to record on
4their income tax returns the amount of the tax imposed on their Wisconsin taxable
5income. Married persons shall be permitted this election only if the joint income of
6the
husband and wife spouses does not exceed $10,000, if both report their incomes
7on the same joint income tax return form, and if both make this election.
AB337,95
8Section
95. 71.05 (22) (a) (title) of the statutes is amended to read:
AB337,36,109
71.05
(22) (a) (title)
Election of deductions; husband and wife spousal
10deductions.
AB337,96
11Section
96. 71.07 (5m) (a) 3. of the statutes is amended to read:
AB337,36,1312
71.07
(5m) (a) 3. “Household" means a claimant and an individual related to
13the claimant as
husband or wife his or her spouse.
AB337,97
14Section 97
. 71.07 (9e) (b) of the statutes is amended to read:
AB337,36,1815
71.07
(9e) (b) No credit may be allowed under this subsection to married
16persons, except married persons living apart who are treated as single under section
177703 (b) of the
internal revenue code Internal Revenue Code, if the
husband and wife 18spouses report their income on separate income tax returns for the taxable year.
AB337,98
19Section
98. 71.09 (13) (a) 2. of the statutes is amended to read:
AB337,37,220
71.09
(13) (a) 2. The tax shown on the return for the preceding year. If
a
21husband and wife spouses who filed separate returns for the preceding taxable year
22file a joint return, the tax shown on the return for the preceding year is the sum of
23the taxes shown on the separate returns of the
husband and wife spouses. If
a
24husband and wife spouses who filed a joint return for the preceding taxable year file
25separate returns, the tax shown on the return for the preceding year is
the husband's
1or wife's each spouse's proportion of that tax based on what their respective tax
2liabilities for that year would have been had they filed separately.
AB337,99
3Section 99
. 71.52 (4) of the statutes is amended to read:
AB337,37,54
71.52
(4) “Household" means a claimant and an individual related to the
5claimant as
husband or wife his or her spouse.
AB337,100
6Section 100
. 71.83 (1) (a) 8. of the statutes is amended to read:
AB337,37,137
71.83
(1) (a) 8. `Joint return replacing separate returns.' If the amount shown
8as the tax by
the husband and wife spouses on a joint return filed under s. 71.03 (2)
9(g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return
10of each spouse and if any part of that excess is attributable to negligence or
11intentional disregard of this chapter, but without intent to defraud, at the time of the
12filing of that separate return, then 25 percent of the total amount of that excess shall
13be added to the tax.
AB337,101
14Section 101
. 71.83 (1) (b) 5. of the statutes is amended to read:
AB337,37,2015
71.83
(1) (b) 5. `Joint return after separate returns.' If the amount shown as
16the tax by
the husband and wife spouses on a joint return filed under s. 71.03 (2) (g)
17to (L) exceeds the sum of the amounts shown as the tax on the separate return of each
18spouse and if any part of that excess is attributable to fraud with intent to evade tax
19at the time of the filing of that separate return, then 50 percent of the total amount
20of that excess shall be added to the tax.
AB337,102
21Section 102
. 77.25 (8m) of the statutes is amended to read:
AB337,37,2222
77.25
(8m) Between
husband and wife spouses.
AB337,103
23Section 103
. 77.54 (7) (b) 1. of the statutes is amended to read:
AB337,38,224
77.54
(7) (b) 1. The item is transferred to a child, spouse, parent,
father-in-law,
25mother-in-law parent-in-law, daughter-in-law
, or son-in-law of the transferor or,
1if the item is a motor vehicle, from the transferor to a corporation owned solely by the
2transferor or by the transferor's spouse.
AB337,104
3Section 104
. 101.91 (5m) of the statutes is amended to read:
AB337,38,94
101.91
(5m) “Manufactured home community" means any plot or plots of
5ground upon which 3 or more manufactured homes that are occupied for dwelling or
6sleeping purposes are located. “Manufactured home community" does not include a
7farm where the occupants of the manufactured homes are the
father, mother, son,
8daughter, brother or sister parents, children, or siblings of the farm owner or
9operator or where the occupants of the manufactured homes work on the farm.
AB337,105
10Section 105
. 102.07 (5) (b) of the statutes is amended to read:
AB337,38,1311
102.07
(5) (b) The parents, spouse, child, brother, sister, son-in-law,
12daughter-in-law,
father-in-law, mother-in-law
parent-in-law, brother-in-law, or
13sister-in-law of a farmer shall not be deemed the farmer's employees.
AB337,106
14Section 106
. 102.07 (5) (c) of the statutes is amended to read:
AB337,38,2115
102.07
(5) (c) A shareholder-employee of a family farm corporation shall be
16deemed a “farmer" for purposes of this chapter and shall not be deemed an employee
17of a farmer. A “family farm corporation" means a corporation engaged in farming all
18of whose shareholders are related as lineal ancestors or lineal descendants, whether
19by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins,
20sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law parents-in-law,
21brothers-in-law
, or sisters-in-law of such lineal ancestors or lineal descendants.
AB337,107
22Section
107. 102.51 (1) (a) 1. of the statutes is amended to read:
AB337,38,2423
102.51
(1) (a) 1. A
wife married person upon
a husband his or her spouse with
24whom
he or she is living at the time of
his the spouse's death.
AB337,108
25Section
108. 102.51 (1) (a) 2. of the statutes is repealed.
AB337,109
1Section
109. 103.10 (1) (h) of the statutes is amended to read:
AB337,39,32
103.10
(1) (h) “Spouse" means
an employee's legal husband or wife the person
3to whom an employee is legally married.
AB337,110
4Section 110
. 103.165 (3) (a) 3. of the statutes is amended to read:
AB337,39,65
103.165
(3) (a) 3. The decedent's
father or mother parent or parents if the
6decedent leaves no surviving spouse, domestic partner under ch. 770, or children.
AB337,111
7Section
111. 111.32 (12) of the statutes is amended to read:
AB337,39,98
111.32
(12) “Marital status" means the status of being married, single,
9divorced, separated
, or
widowed
a surviving spouse.
AB337,112
10Section 112
. 115.76 (12) (a) 1. of the statutes is amended to read:
AB337,39,1111
115.76
(12) (a) 1. A
biological
natural parent.
AB337,113
12Section 113
. 115.76 (12) (a) 2. of the statutes is repealed.
AB337,114
13Section 114
. 115.76 (12) (a) 3. of the statutes is repealed.
AB337,115
14Section 115
. 115.76 (13) of the statutes is amended to read:
AB337,39,2115
115.76
(13) “Person acting as a parent of a child" means a relative of the child
16or a private individual allowed to act as a parent of a child by the child's
biological 17natural or adoptive parents or guardian, and includes the child's grandparent,
18neighbor, friend or private individual caring for the child with the explicit or tacit
19approval of the child's
biological natural or adoptive parents or guardian. “Person
20acting as a parent of a child" does not include any person that receives public funds
21to care for the child if such funds exceed the cost of such care.
AB337,116
22Section
116. 146.34 (1) (f) of the statutes is amended to read:
AB337,40,323
146.34
(1) (f) “Parent" means a
biological natural parent
, a husband who has
24consented to the artificial insemination of his wife under s. 891.40 or a parent by
25adoption. If the minor is a nonmarital child who is not adopted or whose parents do
1not subsequently intermarry under s. 767.803, “parent" includes a person adjudged
2in a judicial proceeding under ch. 48 to be the biological father of the minor. “Parent"
3does not include any person whose parental rights have been terminated.
AB337,117
4Section
117. 157.05 of the statutes is amended to read:
AB337,40,11
5157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on
6the body of a deceased person shall be deemed sufficient when given by whichever
7one of the following assumes custody of the body for purposes of burial:
Father,
8mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner
9under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged
10by law with the responsibility for burial. If 2 or more such persons assume custody
11of the body, the consent of one of them shall be deemed sufficient.
AB337,118
12Section
118. 182.004 (6) of the statutes is amended to read:
AB337,40,1813
182.004
(6) Stock may be issued and leases made to
husband and wife spouses,
14and to the survivor of them, in which event title shall descend the same as in like
15conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease
16shall descend to the persons to whom a homestead of the stockholder would descend
17except as provided in ch. 766. The interest of a tenant in the lease and stock shall
18be exempt from execution to the same extent as a homestead in real estate.
AB337,119
19Section 119
. 250.04 (3) (a) of the statutes is amended to read:
AB337,40,2320
250.04
(3) (a) The department shall establish and maintain surveillance
21activities sufficient to detect any occurrence of acute, communicable
, or chronic
22diseases and threat of occupational or environmental hazards, injuries
, or changes
23in the health of
mothers parents and children.
AB337,120
24Section
120. 301.12 (2) of the statutes is amended to read:
AB337,41,22
1301.12
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
2including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m),
3or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies
4provided by any institution in this state operated or contracted for by the
5department, in which the state is chargeable with all or part of the person's care,
6maintenance, services, and supplies, and the person's property and estate, including
7the homestead, and the spouse of the person, and the spouse's property and estate,
8including the homestead, and, in the case of a minor child, the parents of the person,
9and their property and estates, including their homestead, and, in the case of a
10foreign child described in s. 48.839 (1) who became dependent on public funds for his
11or her primary support before an order granting his or her adoption, the resident of
12this state appointed guardian of the child by a foreign court who brought the child
13into this state for the purpose of adoption, and his or her property and estate,
14including his or her homestead, shall be liable for the cost of the care, maintenance,
15services, and supplies in accordance with the fee schedule established by the
16department under s. 301.03 (18). If a spouse,
widow
surviving spouse, or minor, or
17an incapacitated person, may be lawfully dependent upon the property for his or her
18support, the court shall release all or such part of the property and estate from the
19charges that may be necessary to provide for that person. The department shall
20make every reasonable effort to notify the liable persons as soon as possible after the
21beginning of the maintenance, but the notice or the receipt of the notice is not a
22condition of liability.
AB337,121
23Section 121
. 301.50 (1) of the statutes is amended to read:
AB337,42,824
301.50
(1) In this section, “substantial parental relationship" means the
25acceptance and exercise of significant responsibility for the daily supervision,
1education, protection, and care of the child. In evaluating whether an individual has
2had a substantial parental relationship with the child, factors that may be
3considered include, but are not limited to, whether the individual has expressed
4concern for or interest in the support, care, or well-being of the child; whether the
5individual has neglected or refused to provide care or support for the child; and
6whether, with respect to an individual who is or may be
the father a parent of the
7child, the individual has expressed concern for or interest in the support, care, or
8well-being of the
mother during her parent who gave birth during pregnancy.
AB337,122
9Section
122. 700.19 (2) of the statutes is amended to read:
AB337,42,1710
700.19
(2) Husband and wife Spouses. If persons named as owners in a
11document of title, transferees in an instrument of transfer
, or buyers in a bill of sale
12are described in the document, instrument
, or bill of sale as
husband and wife 13married to each other, or are in fact
husband and wife married to each other, they are
14joint tenants, unless the intent to create a tenancy in common is expressed in the
15document, instrument
, or bill of sale. This subsection applies to property acquired
16before January 1, 1986, and, if ch. 766 does not apply when the property is acquired,
17to property acquired on or after January 1, 1986.
AB337,123
18Section
123. 705.01 (4) of the statutes is amended to read:
AB337,42,2419
705.01
(4) “Joint account" means an account, other than a marital account,
20payable on request to one or more of 2 or more parties whether or not mention is made
21of any right of survivorship. “Joint account" also means any account established with
22the right of survivorship on or after January 1, 1986, by 2 parties who claim to be
23husband and wife married to each other, which is payable on request to either or both
24of the parties.
AB337,124
25Section
124. 705.01 (4m) of the statutes is amended to read:
AB337,43,6
1705.01
(4m) “Marital account" means an account established without the right
2of survivorship on or after January 1, 1986, by 2 parties who claim to be
husband and
3wife married to each other, which is payable on request to either or both of the parties
4and which is designated as a marital account. An account established by those
5parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint
6account.
AB337,125
7Section
125. 706.09 (1) (e) of the statutes is amended to read:
AB337,43,148
706.09
(1) (e)
Marital interests. Homestead of the spouse of any transferor of
9an interest in real estate, if the recorded conveyance purporting to transfer the
10homestead states that the person executing it is single, unmarried
, or
widowed a
11surviving spouse or fails to indicate the marital status of the transferor, and if the
12conveyance has, in either case, appeared of record for 5 years. This paragraph does
13not apply to the interest of a married person who is described of record as a holder
14in joint tenancy or of marital property with that transferor.
AB337,126
15Section 126
. 765.001 (2) of the statutes is amended to read:
AB337,44,816
765.001
(2) Intent. It is the intent of chs. 765 to 768 to promote the stability
17and best interests of marriage and the family. It is the intent of the legislature to
18recognize the valuable contributions of both spouses during the marriage and at
19termination of the marriage by dissolution or death. Marriage is the institution that
20is the foundation of the family and of society. Its stability is basic to morality and
21civilization, and of vital interest to society and the state. The consequences of the
22marriage contract are more significant to society than those of other contracts, and
23the public interest must be taken into account always. The seriousness of marriage
24makes adequate premarital counseling and education for family living highly
25desirable and courses thereon are urged upon all persons contemplating marriage.
1The impairment or dissolution of the marriage relation generally results in injury
2to the public wholly apart from the effect upon the parties immediately concerned.
3Under the laws of this state, marriage is a legal relationship between 2 equal
4persons
, a husband and wife, who owe to each other mutual responsibility and
5support. Each spouse has an equal obligation in accordance with his or her ability
6to contribute money or services or both which are necessary for the adequate support
7and maintenance of his or her minor children and of the other spouse. No spouse may
8be presumed primarily liable for support expenses under this subsection.
AB337,127
9Section 127
. 765.01 of the statutes is amended to read:
AB337,44,13
10765.01 A civil contract. Marriage, so far as its validity at law is concerned,
11is a civil contract, to which the consent of the parties capable in law of contracting
12is essential, and which creates the legal status of
husband and wife spouse to each
13other.
AB337,128
14Section
128. 765.02 (3) of the statutes is created to read:
AB337,44,1615
765.02
(3) Marriage may be contracted between persons of the same sex or
16different sexes.
AB337,129
17Section 129
. 765.03 (1) of the statutes is amended to read:
AB337,45,318
765.03
(1) No marriage shall be contracted while either of the parties has a
19husband or wife spouse living, nor between persons who are nearer of kin than 2nd
20cousins except that marriage may be contracted between first cousins
where the
21female has attained the age of 55 years or where if either party, at the time of
22application for a marriage license, submits an affidavit signed by a physician stating
23that either party is permanently sterile
or that the 2 parties are otherwise
24permanently biologically incapable of producing a child together. Relationship
25under this section shall be computed by the rule of the civil law, whether the parties
1to the marriage are of the half or of the whole blood. A marriage may not be
2contracted if either party has such want of understanding as renders him or her
3incapable of assenting to marriage.
AB337,130
4Section
130. 765.16 (1m) (intro.) of the statutes is amended to read:
AB337,45,105
765.16
(1m) (intro.) Marriage may be validly solemnized and contracted in this
6state only after a marriage license has been issued therefor, and only by the mutual
7declarations of the 2 parties to be joined in marriage that
they take each
takes the 8other as
husband and wife his or her spouse, made before an authorized officiating
9person and in the presence of at least 2 competent adult witnesses other than the
10officiating person. The following are authorized to be officiating persons:
AB337,131
11Section
131. 765.16 (1m) (c) of the statutes is amended to read:
AB337,45,1512
765.16
(1m) (c) The 2 parties themselves, by mutual declarations that
they
13take each
takes the other as
husband and wife his or her spouse, in accordance with
14the customs, rules
, and regulations of any religious society, denomination
, or sect to
15which either of the parties may belong.
AB337,132
16Section
132. 765.23 of the statutes is amended to read:
AB337,46,6
17765.23 Immaterial irregularities otherwise. No marriage hereafter
18contracted shall be void either by reason of the marriage license having been issued
19by a county clerk not having jurisdiction to issue the same; or by reason of any
20informality or irregularity of form in the application for the marriage license or in
21the marriage license itself, or the incompetency of the witnesses to such marriage;
22or because the marriage may have been solemnized in a county other than the county
23prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
24if the marriage is in other respects lawful and is consummated with the full belief
25on the part of the persons so married, or either of them, that they have been lawfully
1joined in marriage. Where a marriage has been celebrated in one of the forms
2provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
3assumed the habit and repute of
husband and wife
a married couple, and having
4continued the same uninterruptedly thereafter for the period of one year, or until the
5death of either of them, it shall be deemed that a marriage license has been issued
6as required by ss. 765.05 to 765.24 and 767.803.
AB337,133
7Section 133
. 765.24 of the statutes is amended to read:
AB337,46,21
8765.24 Removal of impediments to subsequent marriage. If a person
9during the lifetime of a
husband or wife spouse with whom the marriage is in force,
10enters into a subsequent marriage contract in accordance with s. 765.16, and the
11parties thereto live together thereafter as
husband and wife a married couple, and
12such subsequent marriage contract was entered into by one of the parties in good
13faith, in the full belief that the former
husband or wife spouse was dead, or that the
14former marriage had been annulled, or dissolved by a divorce, or without knowledge
15of such former marriage,
they the parties shall, after the impediment to their
16marriage has been removed by the death or divorce of the other party to such former
17marriage, if they continue to live together as
husband and wife a married couple in
18good faith on the part of one of them, be held to have been legally married from and
19after the removal of such impediment and
the issue of any children born during such
20subsequent marriage shall be considered as the marital
issue children of both
21parents parties.
AB337,134
22Section 134
. 765.30 (3) (a) of the statutes is amended to read:
AB337,47,623
765.30
(3) (a)
Penalty for unlawful solemnization of marriage. Any officiating
24person who solemnizes a marriage unless the contracting parties have first obtained
25a proper marriage license as heretofore provided; or unless the parties to such
1marriage declare that
they take each
takes the other as
husband and wife his or her
2spouse; or without the presence of 2 competent adult witnesses; or solemnizes a
3marriage knowing of any legal impediment thereto; or solemnizes a marriage more
4than 30 days after the date of the marriage license; or falsely certifies to the date of
5a marriage solemnized by the officiating person; or solemnizes a marriage in a county
6other than the county prescribed in s. 765.12.
AB337,135
7Section 135
. 766.587 (7) (form) 9. of the statutes is amended to read:
AB337,47,128
766.587
(7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
9SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
10OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
11OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
12DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB337,47,1413
STATUTORY INDIVIDUAL
14
PROPERTY CLASSIFICATION AGREEMENT
AB337,47,1515
(Pursuant to Section 766.587, Wisconsin Statutes)
AB337,47,1716
This agreement is made and entered into by .... and ...., (
husband and wife who
17are married) (who intend to marry) (strike one).
AB337,47,2118
The parties to this agreement agree to classify all their property, including
19property owned by them now and property acquired before January 1, 1987, as the
20individual property of the owning spouse, and agree that ownership of their property
21shall be determined as if it were December 31, 1985.
AB337,47,2222
This agreement terminates on January 1, 1987.
AB337,47,2323
Signature .... Date ....