SB464,143 4Section 143 . 49.90 (4) of the statutes is amended to read:
SB464,58,65 49.90 (4) The circuit court shall in a summary way hear the allegations and
6proofs of the parties and by order require maintenance from these relatives, if they
7have sufficient ability, considering their own future maintenance and making
8reasonable allowance for the protection of the property and investments from which
9they derive their living and their care and protection in old age, in the following
10order: First the husband or wife spouse; then the father and the mother parents; and
11then the grandparents in the instances in which sub. (1) (a) 2. applies. The order
12shall specify a sum which that will be sufficient for the support of the dependent
13person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under
14sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until
15the further order of the court. If the court is satisfied that any such relative is unable
16wholly to maintain the dependent person or the child, but is able to contribute to the
17person's support or the child's maintenance, the court may direct 2 or more of the
18relatives to maintain the person or the child and prescribe the proportion each shall
19contribute. If the court is satisfied that these relatives are unable together wholly
20to maintain the dependent person or the child, but are able to contribute to the
21person's support or the child's maintenance, the court shall direct a sum to be paid
22weekly or monthly by each relative in proportion to ability. Contributions directed
23by court order, if for less than full support, shall be paid to the department of health
24services or the department of children and families, whichever is appropriate, and
25distributed as required by state and federal law. An order under this subsection that

1relates to maintenance required under sub. (1) (a) 2. shall specifically assign
2responsibility for and direct the manner of payment of the child's health care
3expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application
4of any party affected by the order and upon like notice and procedure, the court may
5modify such an order. Obedience to such an order may be enforced by proceedings
6for contempt.
SB464,144 7Section 144 . 51.13 (4) (h) 4. of the statutes is amended to read:
SB464,58,138 51.13 (4) (h) 4. If there is a reason to believe the minor is in need of protection
9or services under s. 48.13 or 938.13 or the minor is an expectant mother of pregnant
10with
an unborn child in need of protection or services under s. 48.133, dismiss the
11petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The
12court may release the minor or may order that the minor be taken and held in custody
13under s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).
SB464,145 14Section 145 . 54.01 (36) (a) of the statutes is amended to read:
SB464,58,1915 54.01 (36) (a) An individual who obtains or consents to a final decree or
16judgment of divorce from the decedent or an annulment of their marriage, if the
17decree or judgment is not recognized as valid in this state, unless the 2 subsequently
18participated in a marriage ceremony purporting to marry each other or they
19subsequently held themselves out as husband and wife married to each other.
SB464,146 20Section 146 . 54.960 (1) of the statutes is amended to read:
SB464,59,221 54.960 (1) Beneficial interests in a custodial trust created for multiple
22beneficiaries are deemed to be separate custodial trusts of equal undivided interests
23for each beneficiary. Except in a transfer or declaration for use and benefit of
24husband and wife 2 individuals who are married to each other, for whom
25survivorship is presumed, a right of survivorship does not exist unless the

1instrument creating the custodial trust specifically provides for survivorship or
2survivorship is required as to marital property.
SB464,147 3Section 147 . 69.03 (14) of the statutes is amended to read:
SB464,59,104 69.03 (14) Provide hospitals with a pamphlet containing information for
5parents about birth records, including how to add the name of the father other parent
6of a child whose parents were not married at any time from the conception to the birth
7of the child to the birth record under s. 69.15 (3) (b) or, if the father other parent will
8not sign an affidavit, through a paternity parentage action; the legal significance and
9future medical advantages to the child of having the father's other parent's name
10inserted on the birth record; and the availability of services under s. 49.22.
SB464,148 11Section 148 . 69.03 (15) of the statutes is amended to read:
SB464,59,1512 69.03 (15) Periodically provide to each county child support agency under s.
1359.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants
14who reside in that county for whom no father's only one parent's name has been
15inserted on the registrant's birth record within 6 months of birth.
SB464,149 16Section 149 . 69.11 (4) (b) of the statutes is amended to read:
SB464,60,517 69.11 (4) (b) The state registrar may amend an item on a birth record that
18affects information about the name, sex, date of birth, place of birth, parent's name,
19or parent's marital status of the mother if 365 days have elapsed since the occurrence
20of the event that is the subject of the birth record, if the amendment is at the request
21of a person with a direct and tangible interest in the record and is in the manner
22prescribed by the state registrar, and if the amendment is accompanied by 2 items
23of documentary evidence from early childhood that are sufficient to prove that the
24item to be changed is in error and by the affidavit of the person requesting the
25amendment. A change in the marital status on the birth record may be made under

1this paragraph only if the marital status is inconsistent with information concerning
2the father or husband
that appears on the birth record. This paragraph may not be
3used to add to or delete from a birth record the name of a parent, to change the
4identity of a parent named on the birth record, or to effect a name change prohibited
5under s. 301.47.
SB464,150 6Section 150 . 69.12 (5) of the statutes is amended to read:
SB464,60,117 69.12 (5) A change in the marital status on the record of birth may be requested
8under this section only if the marital status is inconsistent with father or husband
9information appearing on the birth record. This section may not be used to add or
10delete the name of a parent on the record of birth or change the identity of either
11parent named on the birth record.
SB464,151 12Section 151. 69.13 (intro.) of the statutes is amended to read:
SB464,60,17 1369.13 Correction of facts misrepresented by informant for record of
14birth.
(intro.) The state registrar may, under an order issued by the circuit court
15of the county in which a birth occurred, correct information about the parent or the
16marital status of the mother person who gave birth on a record of birth that is
17registered in this state if all of the following conditions apply:
SB464,152 18Section 152 . 69.13 (2) (b) 4. of the statutes is amended to read:
SB464,60,2319 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage
20document, divorce or annulment record, or a final divorce decree that indicates that
21the mother person who gave birth to the child was not married to the person listed
22as his or her husband spouse at any time during the pregnancy, a legal name change
23order, or any other legal document that clarifies the disputed information.
SB464,153 24Section 153 . 69.14 (1) (c) 4. of the statutes is amended to read:
SB464,61,4
169.14 (1) (c) 4. In the absence of a person under subds. 1. to 3., the father or
2mother parent, parent's spouse, or, in the absence of the father the parent or parent's
3spouse
and the inability of the mother person who gave birth to the child, the person
4responsible for the premises where the birth occurs.
SB464,154 5Section 154 . 69.14 (1) (cm) of the statutes is amended to read:
SB464,61,206 69.14 (1) (cm) Information concerning paternity parentage. For a birth which
7occurs en route to or at a hospital, the filing party shall give the mother person who
8gave birth
a copy of the pamphlet under s. 69.03 (14). If the child's parents are not
9married at the time of the child's birth, the filing party shall give the mother person
10who gave birth
a copy of the form prescribed by the state registrar under s. 69.15 (3)
11(b) 3. The filing party shall ensure that trained, designated hospital staff provide to
12the child's available parents oral information or an audio or video presentation and
13written information about the form and the significance and benefits of, and
14alternatives to, establishing paternity parentage, before the parents sign the form.
15The filing party shall also provide an opportunity to complete the form and have the
16form notarized in the hospital. If the mother person who gave birth provides a
17completed form to the filing party while she the person is a patient in the hospital
18and within 5 days after the birth, the filing party shall send the form directly to the
19state registrar. The department of children and families shall pay the filing party
20a financial incentive for correctly filing a form within 60 days after the child's birth.
SB464,155 21Section 155 . 69.14 (1) (e) of the statutes is amended to read:
SB464,62,222 69.14 (1) (e) Father's Other parent's name. 1. If the mother of person who gave
23birth to
a registrant under this section was married at any time from the conception
24to the birth of the registrant, the name of the husband spouse of the mother person
25who gave birth
shall be entered on the birth record as the a legal father parent of the

1registrant. The name of the father parent entered under this subdivision may not
2be changed except by a proceeding under ch. 48 or 767.
SB464,62,83 2. If the mother person who gave birth was not married at any time from the
4conception to the birth of a registrant under this section, no name of any alleged
5father parent of the registrant may be entered as the father a parent on the birth
6record except as provided under s. 69.15 (3). If under this subdivision the name of
7the father a parent of the registrant of a birth record is omitted from the record, no
8other information about the father parent may be entered on the record.
SB464,156 9Section 156 . 69.14 (1) (f) 1. of the statutes is amended to read:
SB464,62,1510 69.14 (1) (f) 1. a. Except as provided under subd. 1. b., if the mother of person
11who gave birth to
a registrant of a birth record under this section is married to the
12father of the registrant
at any time from the conception to the birth of the registrant,
13the given name and surname which that the mother and father parents of the
14registrant enter for the registrant on the birth record shall be the given name and
15surname filed and registered on the birth record.
SB464,62,2516 b. If the mother parents of a registrant of a birth record under this section is
17are married to the father of the registrant each other at any time from the conception
18to the birth of the registrant and the mother is are separated or divorced from the
19father of the registrant
at the time of birth, the given name and surname which that
20the parent of the registrant with actual custody enters for the registrant on the birth
21record shall be the given name and surname filed and registered on the birth record,
22except that if a court has granted legal custody of the registrant, the given name and
23surname which that the person with legal custody enters for the registrant on the
24birth record shall be the given name and surname filed and registered on the birth
25record.
SB464,63,9
1c. If the mother of person who gave birth to a registrant of a birth record under
2this section is not married to the father of the registrant at any time from the
3conception to the birth of the registrant, the given name and surname which that the
4mother of person who gave birth to the registrant enters for the registrant on the
5birth record shall be the given name and surname filed and registered on the birth
6record, except that if a court has granted legal custody of the registrant, the given
7name and surname which that the person with legal custody enters for the registrant
8on the birth record shall be the given name and surname filed and registered on the
9birth record.
SB464,157 10Section 157 . 69.14 (1) (g) of the statutes is amended to read:
SB464,63,1711 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth record
12under this section is born as a result of artificial insemination under the
13requirements of s. 891.40, the husband spouse of the woman person inseminated
14shall be considered the father a parent of the registrant on the birth record. If the
15registrant is born as a result of artificial insemination which does not satisfy the
16requirements of s. 891.40, the information about the father of the registrant shall be
17omitted from the registrant's birth record.
SB464,158 18Section 158 . 69.14 (1) (h) of the statutes is amended to read:
SB464,64,319 69.14 (1) (h) If the registrant of a birth record under this section is born to a
20surrogate mother, information about the surrogate mother shall be entered on the
21birth record and the information about the father a second parent shall be omitted
22from the birth record. If After a court determines parental rights over the registrant,
23the clerk of court shall report the court's determination to the state registrar on a
24form prescribed by the state registrar, along with the fee required under s. 69.22.
25Upon receipt of the report, the state registrar shall prepare and register a new birth

1record for the registrant under s. 69.15 (6) and send notice of the new record to the
2local registrar who filed the original record. Upon receipt of the notice, the local
3registrar shall destroy his or her copy of the replaced record.
SB464,159 4Section 159 . 69.14 (2) (b) 2. c. and d. of the statutes are amended to read:
SB464,64,65 69.14 (2) (b) 2. c. The full maiden birth name of the mother person who gave
6birth
.
SB464,64,107 d. The full birth name of the father other parent of the registrant, except that
8if the mother was parents were not married to each other at the time of conception
9or birth or between conception and birth of the registrant, the name of the father
10other parent may not be entered except as provided under s. 69.15 (3).
SB464,160 11Section 160 . 69.15 (1) of the statutes is amended to read:
SB464,64,1612 69.15 (1) Birth record information changes. The state registrar may change
13information on a birth record registered in this state which was correct at the time
14the birth record was filed under a court or administrative order issued in this state,
15in another state or in Canada or under the valid order of a court of any federally
16recognized Indian tribe, band, or nation if all of the following occur:
SB464,64,1817 (a) The order provides for an adoption, name change, or name change with sex
18change or establishes paternity; and parentage.
SB464,64,2319 (b) A clerk of court or, for a paternity parentage action, a clerk of court or county
20child support agency under s. 59.53 (5), sends the state registrar a certified report
21of an order of a court in this state in the method prescribed by the state registrar or,
22in the case of any other order, the state registrar receives a certified copy of the order
23and the proper fee under s. 69.22.
SB464,161 24Section 161 . 69.15 (3) (title) of the statutes is repealed and recreated to read:
SB464,64,2525 69.15 (3) (title) Parentage.
SB464,162
1Section 162. 69.15 (3) (a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.),
2a. and b. of the statutes are amended to read:
SB464,65,73 69.15 (3) (a) (intro.) If the state registrar receives an order under sub. (1) that
4establishes paternity parentage or determines that the man a person whose name
5appears on a registrant's birth record is not the father a parent of the registrant, or
6a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity
7parentage, the state registrar shall do the following, as appropriate:
SB464,65,118 1. Prepare under sub. (6) a new record omitting the father's parent's name if
9the order determines that the man person whose name appears on a registrant's
10birth record is not the father a parent of the registrant and if there is no other
11adjudicated father parent.
SB464,65,1412 2. Prepare under sub. (6) a new record for the subject of a paternity parentage
13action changing the name of the father parent if the name of the adjudicated father
14is different than the name of the man parent does not appear on the birth record.
SB464,65,1715 3. Except as provided under subd. 4., insert the name of the adjudicated or
16conclusively determined father parent on the original birth record if the name of the
17father
that parent was omitted on the original record.
SB464,66,218 (b) 1. Except as provided under par. (c), if the state registrar receives a
19statement acknowledging paternity parentage in the manner prescribed by the state
20registrar and signed by both of the birth natural parents of a child determined to be
21a marital child under s. 767.803, a certified copy of the parents' marriage record, and
22the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of
23the husband spouse of the person who gave birth from the marriage record as the
24father other parent if the name of the father the other parent was omitted on the

1original birth record. The state registrar shall include for the acknowledgment the
2items in s. 767.813 (5g).
SB464,66,73 2. Except as provided under par. (c), if the parent of a child determined to be
4a marital child under s. 767.803 dies after his or her marriage and before the
5statement acknowledging paternity parentage has been signed, the state registrar
6shall insert the name of the father parent under subd. 1. upon receipt of a court order
7determining that the husband spouse was the father parent of the child.
SB464,66,188 3. Except as provided under par. (c), if the state registrar receives a statement
9acknowledging paternity parentage in the method prescribed by the state registrar
10and signed by both parents, neither of whom was under the age of 18 years when the
11form was signed, along with the fee under s. 69.22, the state registrar shall insert the
12name of the father parent under subd. 1. The state registrar shall mark the record
13to show that the acknowledgement is on file. The acknowledgement shall be
14available to the department of children and families or a county child support agency
15under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any
16other person with a direct and tangible interest in the record. The state registrar
17shall include on the acknowledgment the information in s. 767.805 and the items in
18s. 767.813 (5g).
SB464,66,2319 4. (intro.) If a registrant has not reached the age of 18 years and if any of the
20following indicate, in a statement acknowledging paternity parentage under subd.
211. or 3., that the given name or surname, or both, of the registrant should be changed
22on the birth record, the state registrar shall enter the name indicated on the birth
23record without a court order:
SB464,66,2524 a. The mother of the parent who gave birth to the registrant, except as provided
25under subd. 4. b. and c.
SB464,67,2
1b. The father of natural parent who did not give birth to the registrant if the
2father
that parent has legal custody of the registrant.
SB464,163 3Section 163 . 69.15 (3) (b) 3m. of the statutes is created to read:
SB464,67,104 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives
5an acknowledgement of parentage on a form prescribed by the state registrar and
6signed by both of the people presumed to be natural parents under s. 891.41 (1) (b),
7a certified copy of the parents' marriage certificate, and the fee required under s.
869.22 (5) (b) 1., the state registrar shall insert the name of the spouse of the person
9who gave birth from the marriage certificate as a parent if the name of that parent
10was omitted on the original birth certificate.
SB464,164 11Section 164. 69.15 (3m) (title) of the statutes is amended to read:
SB464,67,1312 69.15 (3m) (title) Rescission of statement acknowledging paternity
13parentage.
SB464,165 14Section 165 . 69.15 (3m) (a) 3. and (b) of the statutes are amended to read:
SB464,67,1915 69.15 (3m) (a) 3. The person rescinding the statement files a rescission in the
16method prescribed under subd. 2. before the day on which a court or circuit court
17commissioner makes an order in an action affecting the family involving the man
18person who signed the statement and the child who is the subject of the statement
19or before 60 days elapse after the statement was filed, whichever occurs first.
SB464,67,2320 (b) If the state registrar, within the time required under par. (a) 3., receives a
21rescission in the method prescribed by the state registrar, along with the proper fee
22under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting
23the father's parent's name if it was inserted under sub. (3) (b).
SB464,166 24Section 166 . 69.18 (1) (e) 1. (intro.) of the statutes is amended to read:
SB464,68,4
169.18 (1) (e) 1. (intro.) If a death is a miscarriage and 20 weeks or more have
2elapsed between the mother's last normal menstrual period of the person who was
3pregnant
and delivery or the stillbirth weighs 350 grams or more, one of the following
4shall submit, within 5 days after delivery, a fetal death report to the state registrar:
SB464,167 5Section 167 . 69.20 (2) (b) of the statutes is amended to read:
SB464,68,126 69.20 (2) (b) Except as provided under sub. (3), the state registrar and local
7registrars may not permit inspection of or disclose information contained in any
8record of a birth which that occurred after September 30, 1907, if the mother of
9person who gave birth to the subject of the record was not married at any time from
10the conception to the birth of the subject of the record, unless the inspection is by or
11the information is disclosed to a person who has a direct and tangible interest in such
12record.
SB464,168 13Section 168 . 71.03 (2) (d) (title) of the statutes is amended to read:
SB464,68,1414 71.03 (2) (d) (title) Husband and wife Spouses joint filing.
SB464,169 15Section 169 . 71.03 (2) (d) 1. of the statutes is amended to read:
SB464,68,1816 71.03 (2) (d) 1. Except as provided in subds. 2. and 3. and par. (e), a husband
17and a wife
spouses may file a joint return for income tax purposes even though one
18of the spouses has no gross income or no deductions.
SB464,170 19Section 170 . 71.03 (2) (d) 2. of the statutes is amended to read:
SB464,68,2320 71.03 (2) (d) 2. No joint return may be filed if either the husband or wife spouse
21at any time during the taxable year is a nonresident alien, unless an election is in
22effect for the taxable year under section 6013 (g) or (h) of the internal revenue code
23Internal Revenue Code.
SB464,171 24Section 171 . 71.03 (2) (d) 3. of the statutes is amended to read:
SB464,69,7
171.03 (2) (d) 3. No joint return may be filed if the husband and wife spouses
2have different taxable years, except that if their taxable years begin on the same day
3and end on different days because of the death of either or both the joint return may
4be filed with respect to the taxable year of each unless the surviving spouse remarries
5before the close of his or her taxable year or unless the taxable year of either spouse
6is a fractional part of a year under section 443 (a) (1) of the internal revenue code
7Internal Revenue Code.
SB464,172 8Section 172 . 71.03 (2) (g) of the statutes is amended to read:
SB464,69,239 71.03 (2) (g) Joint return following separate return. Except as provided in par.
10(i), if an individual has filed a separate return for a taxable year for which a joint
11return could have been filed by the individual and the individual's spouse under par.
12(d) or (e) and the time prescribed by law for timely filing the return for that taxable
13year has expired, the individual and the individual's spouse may file a joint return
14for that taxable year. A joint return filed by the husband and wife spouses under this
15paragraph is their return for that taxable year, and all payments, credits, refunds
16or other repayments made or allowed with respect to the separate return of each
17spouse for that taxable year shall be taken into account in determining the extent
18to which the tax based upon the joint return has been paid. If a joint return is filed
19under this paragraph, any election, other than the election to file a separate return,
20made by either spouse in that spouse's separate return for that taxable year with
21respect to the treatment of any income, deduction or credit of that spouse may not
22be changed in the filing of the joint return if that election would have been irrevocable
23if the joint return had not been filed.
SB464,173 24Section 173 . 71.03 (2) (m) 2. of the statutes is amended to read:
SB464,70,4
171.03 (2) (m) 2. If a husband and wife spouses change from a joint return to
2separate returns within the time prescribed in subd. 1., the tax paid on the joint
3return shall be allocated between them in proportion to the tax liability shown on
4each separate return.
SB464,174 5Section 174 . 71.03 (4) (a) of the statutes is amended to read:
SB464,70,156 71.03 (4) (a) Natural persons whose total income is not in excess of $10,000 and
7consists entirely of wages subject to withholding for Wisconsin tax purposes and not
8more than $200 total of dividends, interest and other wages not subject to Wisconsin
9withholding, and who have elected the Wisconsin standard deduction and have not
10claimed either the credit for homestead property tax relief or deductions for expenses
11incurred in earning such income, shall, at their election, not be required to record on
12their income tax returns the amount of the tax imposed on their Wisconsin taxable
13income. Married persons shall be permitted this election only if the joint income of
14the husband and wife spouses does not exceed $10,000, if both report their incomes
15on the same joint income tax return form, and if both make this election.
SB464,175 16Section 175 . 71.05 (22) (a) (title) of the statutes is amended to read:
SB464,70,1817 71.05 (22) (a) (title) Election of deductions; husband and wife spousal
18deductions.
SB464,176 19Section 176 . 71.07 (5m) (a) 3. of the statutes is amended to read:
SB464,70,2120 71.07 (5m) (a) 3. “Household" means a claimant and an individual related to
21the claimant as husband or wife his or her spouse.
SB464,177 22Section 177 . 71.07 (9e) (b) of the statutes is amended to read:
SB464,71,223 71.07 (9e) (b) No credit may be allowed under this subsection to married
24persons, except married persons living apart who are treated as single under section

17703 (b) of the internal revenue code Internal Revenue Code, if the husband and wife
2spouses report their income on separate income tax returns for the taxable year.
SB464,178 3Section 178 . 71.09 (13) (a) 2. of the statutes is amended to read:
SB464,71,114 71.09 (13) (a) 2. The tax shown on the return for the preceding year. If a
5husband and wife
spouses who filed separate returns for the preceding taxable year
6file a joint return, the tax shown on the return for the preceding year is the sum of
7the taxes shown on the separate returns of the husband and wife spouses. If a
8husband and wife
spouses who filed a joint return for the preceding taxable year file
9separate returns, the tax shown on the return for the preceding year is the husband's
10or wife's
each spouse's proportion of that tax based on what their respective tax
11liabilities for that year would have been had they filed separately.
SB464,179 12Section 179 . 71.52 (4) of the statutes is amended to read:
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