The procedure for obtaining a declaration of domestic partnership is similar to
the procedure for obtaining a marriage license. The individuals apply for a
declaration of domestic partnership to the county clerk of the county in which at least
one of them has resided for at least 30 days. The application must be subscribed to
by the parties, who must submit proof of identification to the county clerk. Just as
with an application for a marriage license, the application must contain the social
security numbers of the parties, as well as any other information that the
department of health and family services directs. Just as with an application for a

marriage license, a portion of the application for a declaration of domestic
partnership contains information that is collected for statistical purposes only and
is not open to public inspection. If the parties fulfill all of the requirements for
forming a domestic partnership, the clerk issues to the parties a declaration of
domestic partnership. The parties must complete the declaration, sign it in front of
a notary, and submit it to the register of deeds of the county in which they reside.
After recording the declaration, the register of deeds must send the original to the
state registrar of vital statistics.
The bill provides that any state statute or rule that applies to a married person
or a formerly married person, such as a widow, applies in the same respect to a
domestic partner or a person who was formerly a domestic partner; that any state
statute or rule that applies to marriage or a marital relationship, including
dissolution of a marriage, applies in the same respect to a domestic partnership; and
that any state statute or rule that applies to a marriage document applies in the same
respect to a declaration of domestic partnership. Thus, under the bill for example,
the statutory divorce procedure and property division would apply to the dissolution
of a domestic partnership; the marital property provisions of current law would apply
to domestic partners; a domestic partner would have the same intestate inheritance
rights as a spouse and the same election rights under a will; domestic partners would
be entitled to adopt; domestic partners could file joint state income tax returns; a
domestic partner could consent to an autopsy on the body of his or her deceased
domestic partner; a domestic partner could make a claim for loss of society and
companionship in the event of the wrongful death of his or her domestic partner;
domestic partners could obtain a combined fishing license; a domestic partner would
have an evidentiary privilege to prevent his or her domestic partner from testifying
as to any private communication between the two during their domestic partnership;
and a domestic partner could receive death benefits under the worker's
compensation law as the result of the employment-related death of his or her
domestic partner.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB721, s. 1 1Section 1. 69.16 (1) of the statutes is amended to read:
AB721,2,32 69.16 (1) The Except as provided in ch. 770, the form, and content of,
3application for, and registration of marriage documents shall be under ch. 765.
AB721, s. 2 4Section 2. Chapter 770 of the statutes is created to read:
AB721,2,55 Chapter 770
AB721,3,1
1Domestic partnership
AB721,3,2 2770.01 Definitions. In this chapter:
AB721,3,5 3(1) "Domestic partner" means an individual who has signed and filed a
4declaration of domestic partnership in the office of the register of deeds of the county
5in which he or she resides.
AB721,3,7 6(2) "Domestic partnership" means the legal relationship that is formed
7between 2 individuals under this chapter.
AB721,3,9 8770.05 Criteria for forming a domestic partnership. Two individuals may
9form a domestic partnership if they fulfill all of the following criteria:
AB721,3,11 10(1) Each individual is at least 18 years old and otherwise competent to enter
11into a contract.
AB721,3,13 12(2) Neither individual is married to, or registered in a domestic partnership
13with, another individual.
AB721,3,15 14(3) The 2 individuals are not related by blood in any way that would prohibit
15marriage under s. 765.03.
AB721,3,17 16(4) The 2 individuals consider themselves to be members of each other's
17immediate family.
AB721,3,21 18770.07 Application. (1) (a) Individuals who wish to form a domestic
19partnership shall apply for a declaration of domestic partnership to the county clerk
20of the county in which at least one of the individuals has resided for at least 30 days
21immediately before applying.
AB721,3,2422 (b) 1. Except as provided in subd. 2., the county clerk may not issue a
23declaration of domestic partnership until at least 5 days after receiving the
24application for the declaration of domestic partnership.
AB721,4,4
12. The county clerk may, at his or her discretion, issue a declaration of domestic
2partnership less than 5 days after application if the applicant pays an additional fee
3of not more than $10 to cover any increased processing cost incurred by the county.
4The county clerk shall pay this fee into the county treasury.
AB721,4,85 (c) No declaration of domestic partnership may be issued unless the application
6for it is subscribed to by the parties intending to form the domestic partnership; it
7contains the social security number of each party who has a social security number;
8and it is filed with the clerk who issues the declaration of domestic partnership.
AB721,4,179 (d) 1. Each applicant for a declaration of domestic partnership shall present
10satisfactory, documentary proof of identification and residence and shall swear to,
11or affirm, the application before the clerk who is to issue the declaration of domestic
12partnership. In addition to the social security number of each party who has a social
13security number, the application shall contain such informational items as the
14department of health and family services directs. The portion of the application form
15that is collected for statistical purposes only shall indicate that the address of an
16applicant may be provided by a county clerk to a law enforcement officer under the
17conditions specified under s. 770.18 (2).
AB721,4,2518 2. Each applicant for a declaration of domestic partnership who is under 30
19years of age shall exhibit to the clerk a certified copy of a birth certificate, and shall
20submit a copy of any judgment or death certificate affecting the applicant's domestic
21partnership status. If any applicable birth certificate, death certificate, or judgment
22is unobtainable, other satisfactory documentary proof may be presented instead.
23Whenever the clerk is not satisfied with the documentary proof presented, he or she
24shall submit the presented proof to a judge of a court of record in the county of
25application for an opinion as to its sufficiency.
AB721,5,8
1(2) If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a
2declaration of domestic partnership. With each declaration of domestic partnership,
3the county clerk shall provide a pamphlet describing the causes and effects of fetal
4alcohol syndrome. After the application for the declaration of domestic partnership,
5the clerk shall, upon the sworn statement of either of the applicants, correct any
6erroneous, false, or insufficient statement in the application that comes to the clerk's
7attention and shall show the corrected statement, as soon as reasonably possible, to
8the other applicant.
AB721,5,14 9770.10 Completion and filing of declaration. In order to form the legal
10status of domestic partners, the individuals shall complete the declaration of
11domestic partnership, sign the declaration, having their signatures acknowledged
12before a notary, and submit the declaration to the register of deeds of the county in
13which they reside. The register of deeds shall record the declaration and forward the
14original to the state registrar of vital statistics.
AB721,5,20 15770.15 Forms for declaration. (1) The application and declaration of
16domestic partnership under s. 770.07 shall contain such information as the
17department of health and family services determines is necessary. The form for the
18declaration of domestic partnership shall require both individuals forming a
19domestic partnership to sign the form and attest to fulfilling all of the criteria under
20s. 770.05 (1) to (4).
AB721,5,22 21(2) The department of health and family services shall prepare and distribute
22forms under sub. (1) in sufficient quantities to each county clerk.
AB721,6,8 23770.17 Fee to county clerk. Each county clerk shall receive as a fee for each
24declaration of domestic partnership issued the same amount that the clerk receives
25for issuing a marriage license under s. 765.15. Of the amount that the clerk receives

1under this section, the clerk shall pay into the state treasury the same amount that
2the clerk pays into the state treasury from the fee collected for issuing a marriage
3license. The remainder shall become a part of the funds of the county. For each
4declaration of domestic partnership issued, the clerk shall also receive a standard
5notary fee in the same amount that the clerk receives as a standard notary fee in
6connection with issuing a marriage license and that may be retained by the clerk if
7the clerk is operating on a fee or part-fee basis but which otherwise shall become part
8of the funds of the county.
AB721,6,17 9770.18 Records. (1) The county clerk shall keep among the records in the
10office a suitable book called the declaration of domestic partnership docket and shall
11enter therein a complete record of the applications for and the issuing of all
12declarations of domestic partnership, and of all other matters that the clerk is
13required by this chapter to ascertain related to the rights of any person to obtain a
14declaration of domestic partnership. An application may be recorded by entering
15into the docket the completed application form, with any portion collected only for
16statistical purposes removed. The declaration of domestic partnership docket shall
17be open for public inspection or examination at all times during office hours.
AB721,7,6 18(2) A county clerk may provide the name of a declaration of domestic
19partnership applicant and, from the portion of the application form that is collected
20for statistical purposes, as specified under sub. (1), may provide the address of the
21declaration of domestic partnership applicant to a law enforcement officer, as defined
22in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the
23address, to a law enforcement officer who requests, in writing, the name and address
24for the performance of an investigation or the service of a warrant. If a county clerk
25has not destroyed the portion of the declaration of domestic partnership application

1form that is collected for statistical purposes, he or she shall keep the information
2on the portion confidential, except as authorized under this subsection. If a written
3request is made by a law enforcement officer under this subsection, the county clerk
4shall keep the request with the declaration of domestic partnership application form.
5If the county clerk destroys the declaration of domestic partnership application form,
6he or she shall also destroy the written request.
AB721,7,8 7770.20 Effect of forming domestic partnership. Except in ch. 765, all of
8the following apply:
AB721,7,13 9(1) Any statute or rule that applies to a married person or a formerly married
10person; including but not limited to a spouse; husband, if appropriate; wife, if
11appropriate; widow, if appropriate; widower, if appropriate; or family member that
12includes a spouse; applies in the same respect to a domestic partner or a person who
13was formerly a domestic partner.
AB721,7,16 14(2) Any statute or rule that applies to marriage or a marital relationship,
15including dissolution of a marriage, applies in the same respect to a domestic
16partnership.
AB721,7,19 17(3) Any statute or rule that applies to a marriage license, certificate, or
18document, including the application or an applicant for such a document, applies in
19the same respect to a declaration of domestic partnership.
AB721, s. 3 20Section 3. Effective date.
AB721,7,2221 (1) This act takes effect on the first day of the 13th month beginning after
22publication.
AB721,7,2323 (End)
Loading...
Loading...