Amendment SSA1-AB75

AB75-SSA1,1642,4 770.001 Declaration of policy. The legislature finds that it is in the interests of the citizens of this state to establish and provide the parameters for a legal status of domestic partnership. The legislature further finds that the legal status of domestic partnership as established in this chapter is not substantially similar to that of marriage. Nothing in this chapter shall be construed as inconsistent with or a violation of article XIII, section 13, of the Wisconsin Constitution.

AB75-SSA1,1642,5 770.01 Definitions. In this chapter:

AB75-SSA1,1642,8 (1) "Domestic partner" means an individual who has signed and filed a declaration of domestic partnership in the office of the register of deeds of the county in which he or she resides.

AB75-SSA1,1642,10 (2) "Domestic partnership" means the legal relationship that is formed between 2 individuals under this chapter.

AB75-SSA1,1642,12 770.05 Criteria for forming a domestic partnership. Two individuals may form a domestic partnership if they satisfy all of the following criteria:

AB75-SSA1,1642,14 (1) Each individual is at least 18 years old and capable of consenting to the domestic partnership.

AB75-SSA1,1642,16 (2) Neither individual is married to, or in a domestic partnership with, another individual.

AB75-SSA1,1642,18 (3) The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:

AB75-SSA1,1642,19 (a) Only one of the individuals has legal ownership of the residence.

AB75-SSA1,1642,21 (b) One or both of the individuals have one or more additional residences not shared with the other individual.

AB75-SSA1,1642,23 (c) One of the individuals leaves the common residence with the intent to return.

AB75-SSA1,1642,25 (4) The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption.

AB75-SSA1,1642,26 (5) The individuals are members of the same sex.

AB75-SSA1,1643,6 770.07 Application and declaration. (1) (a) Individuals who wish to form a domestic partnership shall apply on or after the 31st day beginning after the effective date of this paragraph .... [LRB inserts date], for a declaration of domestic partnership to the county clerk of the county in which at least one of the individuals has resided for at least 30 days immediately before applying.

AB75-SSA1,1643,9 (b) 1. Except as provided in subd. 2., the county clerk may not issue a declaration of domestic partnership until at least 5 days after receiving the application for the declaration of domestic partnership.

AB75-SSA1,1643,13 2. The county clerk may, at his or her discretion, issue a declaration of domestic partnership less than 5 days after application if the applicant pays an additional fee of not more than $10 to cover any increased processing cost incurred by the county. The county clerk shall pay this fee into the county treasury.

AB75-SSA1,1643,17 (c) No declaration of domestic partnership may be issued unless the application for it is subscribed to by the parties intending to form the domestic partnership; it contains the social security number of each party who has a social security number; and it is filed with the clerk who issues the declaration of domestic partnership.

AB75-SSA1,1643,25 (d) 1. Each party shall present satisfactory, documentary proof of identification and residence and shall swear, or affirm, to the application before the clerk who is to issue the declaration of domestic partnership. In addition to the social security number of each party who has a social security number, the application shall contain such informational items as the state registrar of vital statistics directs. The portion of the application form that is collected for statistical purposes only shall indicate that the address of an applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 770.18 (2).

AB75-SSA1,1644,8 2. Each applicant shall exhibit to the clerk a certified copy of a birth certificate, and each applicant shall submit a copy of any judgment, certificate of termination of domestic partnership, or death certificate affecting the domestic partnership status. If any applicable birth certificate, death certificate, notice of termination of domestic partnership, or judgment is unobtainable, other satisfactory documentary proof may be presented instead. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the proof, for an opinion as to its sufficiency, to a judge of a court of record in the county of application.

AB75-SSA1,1644,16 (2) If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a declaration of domestic partnership. With each declaration of domestic partnership the county clerk shall provide a pamphlet describing the causes and effects of fetal alcohol syndrome. After the application for the declaration of domestic partnership is filed, the clerk shall, upon the sworn statement of either of the applicants, correct any erroneous, false, or insufficient statement in the application that comes to the clerk's attention and shall notify the other applicant of the correction, as soon as reasonably possible.

AB75-SSA1,1644,22 770.10 Completion and filing of declaration. In order to form the legal status of domestic partners, the individuals shall complete the declaration of domestic partnership, sign the declaration, having their signatures acknowledged before a notary, and submit the declaration to the register of deeds of the county in which they reside. The register of deeds shall record the declaration and forward the original to the state registrar of vital statistics.

AB75-SSA1,1645,2 770.12 Terminating a domestic partnership. (1) (a) A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form with the county clerk who issued the declaration of domestic partnership and paying the fee under s. 770.17. The notice must be signed by one or both domestic partners and notarized.

AB75-SSA1,1645,5 (b) If the notice under par. (a) is signed by only one of the domestic partners, that individual must also file with the county clerk an affidavit stating either of the following:

AB75-SSA1,1645,8 1. That the other domestic partner has been served in writing, in the manner provided under s. 801.11, that a notice of termination of domestic partnership is being filed with the county clerk.

AB75-SSA1,1645,11 2. That the domestic partner seeking termination has been unable to locate the other domestic partner after making reasonable efforts and that notice to the other domestic partner has been made by publication as provided in sub. (2).

AB75-SSA1,1645,17 (2) If a domestic partner who is seeking to terminate the domestic partnership is unable to find the other domestic partner after making reasonable efforts, the domestic partner seeking termination may provide notice by publication in a newspaper of general circulation in the county in which the residence most recently shared by the domestic partners is located. The notice need not be published more than one time.

AB75-SSA1,1645,25 (3) Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit under sub. (1) (b) if required, and the fee under s. 770.17, the county clerk shall issue to the domestic partner filing the notice of termination a certificate of termination of domestic partnership. The domestic partner shall submit the certificate of termination of domestic partnership to the register of deeds of the county in which the declaration of domestic partnership is recorded. The register of deeds shall record the certificate and forward the original to the state registrar of vital statistics.

AB75-SSA1,1646,3 (4) (a) Except as provided in par. (b), the termination of a domestic partnership is effective 90 days after the certificate of termination of domestic partnership is recorded under sub. (3).

AB75-SSA1,1646,6 (b) If a party to a domestic partnership enters into a marriage that is recognized as valid in this state, the domestic partnership is automatically terminated on the date of the marriage.

AB75-SSA1,1646,13 770.15 Forms. (1) The application and declaration of domestic partnership under s. 770.07 and the notice of termination of domestic partnership and certificate of termination of domestic partnership under s. 770.12 shall contain such information as the state registrar of vital statistics determines is necessary. The form for the declaration of domestic partnership shall require both individuals forming a domestic partnership to sign the form and attest to satisfying all of the criteria under s. 770.05 (1) to (5).

AB75-SSA1,1646,15 (2) The state registrar of vital statistics shall prepare the forms under sub. (1) and distribute the forms in sufficient quantities to each county clerk.

AB75-SSA1,1647,3 770.17 Fees to county clerk. Each county clerk shall receive as a fee for each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued the same amount that the clerk receives for issuing a marriage license under s. 765.15. Of the amount that the clerk receives under this section, the clerk shall pay into the state treasury the same amount that the clerk pays into the state treasury from the fee collected for issuing a marriage license. The remainder shall become a part of the funds of the county. For each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued, the clerk shall also receive a standard notary fee in the same amount that the clerk receives as a standard notary fee in connection with issuing a marriage license and that may be retained by the clerk if the clerk is operating on a fee or part-fee basis but which otherwise shall become part of the funds of the county.

AB75-SSA1,1647,12 770.18 Records. (1) The county clerk shall keep among the records in the office a suitable book called the declaration of domestic partnership docket and shall enter therein a complete record of the applications for and the issuing of all declarations of domestic partnership, and of all other matters which the clerk is required by this chapter to ascertain related to the rights of any person to obtain a declaration of domestic partnership. An application may be recorded by entering into the docket the completed application form, with any portion collected only for statistical purposes removed. The declaration of domestic partnership docket shall be open for public inspection or examination at all times during office hours.

AB75-SSA1,1648,2 (2) A county clerk may provide the name of a declaration of domestic partnership applicant and, from the portion of the application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the declaration of domestic partnership applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the declaration of domestic partnership application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the declaration of domestic partnership application form. If the county clerk destroys the declaration of domestic partnership application form, he or she shall also destroy the written request.

AB75-SSA1, s. 3221 Section 3221. 786.37 (3) of the statutes is amended to read:

AB75-SSA1,1648,10 786.37 (3) This section does not apply to the name change of a minor if the parental rights to the minor of both parents have been terminated, guardianship and legal custody of the minor have been transferred under subch. VIII of ch. 48, the minor has been placed in a permanent foster home or a permanent treatment foster home, and the guardian and legal custodian of the minor have petitioned to change the minor's name to the name or names of the minor's foster parents or treatment foster parents.

AB75-SSA1, s. 3221g Section 3221g. 800.09 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 17, is amended to read:

AB75-SSA1,1649,2 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) or 90 days after the date of the judgment, whichever is later, except that the suspension period may not exceed 2 years 90 days. If the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of his or her poverty, as that term is used in s. 814.29 (1) (d), the court may not order the suspension of the defendant's operating privilege, except as provided in s. 800.095. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

AB75-SSA1, s. 3221r Section 3221r. 800.095 (4) (b) 4. of the statutes, as affected by 2009 Wisconsin Act 17, is amended to read:

AB75-SSA1,1649,10 800.095 (4) (b) 4. Except as provided under s. 800.09 (3), if at least 90 days have elapsed from the date of the judgment, that the defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 2 years 90 days. This subdivision does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

AB75-SSA1, s. 3222 Section 3222. 801.50 (5) of the statutes is amended to read:

AB75-SSA1,1649,18 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by a program review committee the earned release review commission under s. 302.113 (9g) 302.1135 (5) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.

AB75-SSA1, s. 3223 Section 3223. 805.13 (4) of the statutes is amended to read:

AB75-SSA1,1650,2 805.13 (4) Instruction. The court shall instruct the jury before or after closing arguments of counsel. Failure to object to a material variance or omission between the instructions given and the instructions proposed does not constitute a waiver of error. The court shall provide the jury with one complete set of written instructions providing the burden of proof and the substantive law to be applied to the case to be decided. In a civil action involving contributory negligence, the court shall explain to the jury the effect on awards and liabilities of the percentage of negligence found by the jury to be attributable to each party.

AB75-SSA1, s. 3224 Section 3224. 806.11 (1) (intro.) of the statutes is amended to read:

AB75-SSA1,1650,6 806.11 (1) (intro.) At the time of filing the warrant provided by s. 71.74 (14) or, 71.91 (5), or 71.93 (8) (b) 5., the clerk of circuit court shall enter the warrant in the judgment and lien docket, including:

AB75-SSA1, s. 3225 Section 3225. 806.11 (2) of the statutes is amended to read:

AB75-SSA1,1650,11 806.11 (2) If a warrant provided by s. 71.74 (14) or, 71.91 (5), or 71.93 (8) (b) 5. is against several persons, the warrant shall be entered, in accordance with the procedure under sub. (1), in the judgment and lien docket under the name of each person against whom the warrant was issued.

AB75-SSA1, s. 3226 Section 3226. 806.115 of the statutes is amended to read:

AB75-SSA1,1650,17 806.115 Filing of duplicate copy of warrant. The department of revenue may file in any county a duplicate copy of a warrant filed under s. 71.74 (14) or, 71.91 (5), or 71.93 (8) (b) 5. and the clerk of circuit court shall enter the duplicate copy on the judgment and lien docket as provided in s. 806.11. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5).

AB75-SSA1, s. 3227 Section 3227. 809.105 (13) of the statutes is amended to read:

AB75-SSA1,1651,2 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

AB75-SSA1, s. 3228 Section 3228. 809.30 (1) (c) of the statutes is amended to read:

AB75-SSA1,1651,8 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.113 (9g) 302.1135, 973.19, 973.195, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB75-SSA1, s. 3229 Section 3229. 812.30 (9) of the statutes is amended to read:

AB75-SSA1,1651,14 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1) or under 38 USC 501 to 562.

AB75-SSA1, s. 3230 Section 3230. 812.44 (4) (form) 2. of the statutes is amended to read:

AB75-SSA1,1651,16 812.44 (4) (form)

AB75-SSA1,1651,21 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB75-SSA1, s. 3231 Section 3231. 812.44 (5) (form) 2. of the statutes is amended to read:

AB75-SSA1,1651,23 812.44 (5) (form)

AB75-SSA1,1652,4 ... 2. (5) (form) paragraph 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

AB75-SSA1, s. 3232 Section 3232. 814.29 (1) (d) 1. of the statutes is amended to read:

AB75-SSA1,1652,10 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1) or under 38 USC 501 to 562.

AB75-SSA1, s. 3234 Section 3234. 814.67 (1) (c) of the statutes is renumbered 814.67 (1) (c) (intro.) and amended to read:

AB75-SSA1,1652,16 814.67 (1) (c) (intro.) For traveling, at the rate of 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points.:

AB75-SSA1, s. 3235 Section 3235. 814.67 (1) (c) 1. of the statutes is created to read:

AB75-SSA1,1652,18 814.67 (1) (c) 1. For witnesses, the rate of 20 cents per mile.

AB75-SSA1, s. 3236 Section 3236. 814.67 (1) (c) 2. of the statutes is created to read:

AB75-SSA1,1652,20 814.67 (1) (c) 2. For interpreters, the mileage rate set under s. 20.916 (8).

AB75-SSA1, s. 3237 Section 3237. 814.75 (22m) of the statutes is amended to read:

AB75-SSA1,1652,23 814.75 (22m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).

AB75-SSA1, s. 3238 Section 3238. 814.76 (15m) of the statutes is amended to read:

AB75-SSA1,1653,2 814.76 (15m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).

AB75-SSA1, s. 3239 Section 3239. 814.80 (11) of the statutes is amended to read:

AB75-SSA1,1653,5 814.80 (11) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).

AB75-SSA1, s. 3240 Section 3240. 814.86 (1) of the statutes is amended to read:

AB75-SSA1,1653,15 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $12 $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB75-SSA1, s. 3241 Section 3241. 823.08 (2) (b) of the statutes is amended to read:

AB75-SSA1,1653,17 823.08 (2) (b) "Agricultural use" has the meaning given in s. 91.01 (1) (2).

AB75-SSA1, s. 3242 Section 3242. 846.04 (1) of the statutes is amended to read:

AB75-SSA1,1654,5 846.04 (1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases. A mortgage foreclosure deficiency judgment entered on or after October 14, 1997, on property devoted primarily to under agricultural use, as defined in s. 91.01 (5), on and after October 14, 1997, (2), for at least 12 consecutive months during the preceding 36-month period shall be recorded as an agriculture judgment.

AB75-SSA1, s. 3243 Section 3243. 846.04 (2) of the statutes is amended to read:

AB75-SSA1,1654,12 846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to under agricultural use, as defined in s. 91.01 (5), (2), for at least 12 consecutive months during the preceding 36-month period, an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

AB75-SSA1, s. 3244 Section 3244. 851.08 of the statutes is created to read:

AB75-SSA1,1654,15 851.08 Domestic partner. "Domestic partner" has the meaning given in s. 770.01 (1) and "domestic partnership" has the meaning given in s. 770.01 (2).

AB75-SSA1, s. 3245 Section 3245. 851.17 of the statutes is amended to read:

AB75-SSA1,1654,22 851.17 Net estate. "Net estate" means all property subject to administration less the property selected by the surviving spouse or surviving domestic partner under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charged by the court against the intestate share of the recipient, administration, funeral and burial expenses, the amount of claims paid and federal and state estate taxes payable out of such property.

AB75-SSA1, s. 3246 Section 3246. 851.295 of the statutes is created to read: