AB992: Bill Text

LRB-3161/2

CMH&PJK:cjs:ch

2003 - 2004 LEGISLATURE

2003 Assembly BILL 992

March 11, 2004 - Introduced by Representatives Pocan, Berceau, Black, Boyle and Miller, cosponsored by Senator Risser. Referred to Joint Survey Committee on Tax Exemptions.

AB992,2,4 An Act to repeal 102.51 (1) (a) 2.; to amend 11.05 (10), 29.219 (4), 29.228 (5), 29.228 (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 40.02 (8) (a) 2., 45.348 (2) (a) 1., 45.37 (4) (c) 5., 45.37 (6) (a), 46.10 (2), 48.02 (13), 48.432 (1) (am) 2. b., 48.82 (1) (a), 49.141 (1) (j) 2., 49.19 (4) (d) (intro.), 49.19 (4) (d) 1., 49.19 (4) (d) 2., 49.19 (4) (d) 3., 49.19 (4) (d) 4., 49.19 (4) (d) 5., 49.19 (4) (d) 8., 49.43 (12), 49.90 (4), 69.11 (4) (b), 69.12 (5), 69.13 (2) (b) 4., 69.14 (1) (e), 69.14 (1) (g), 69.15 (3) (b) 1. and 2., 71.03 (2) (d) (title), 71.03 (2) (d) 1., 71.03 (2) (d) 2., 71.03 (2) (d) 3., 71.03 (2) (g), 71.03 (2) (m) 2., 71.03 (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3., 71.07 (9e) (b), 71.09 (13) (a) 2., 71.52 (4), 71.83 (1) (a) 8., 71.83 (1) (b) 5., 77.25 (8m), 102.49 (1), 102.51 (1) (a) 1., 103.10 (1) (h), 111.32 (12), 115.76 (12) (a) 2., 146.34 (1) (f), 157.05, 157.10, 182.004 (6), 301.12 (2), 700.19 (2), 705.01 (4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (intro.) and (3), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form), 766.588 (9) (form), 766.589 (10) (form), 767.082, 767.085 (1) (a), 767.085 (1) (b), 767.458 (1m), 767.47 (9), 767.50 (1), 769.316 (9), 815.20 (1), 851.30 (2) (a), 854.03 (3), 880.12 (1), 880.32, 880.835 (1), 891.39 (1) (a), 891.39 (3), 891.40 (1), 891.40 (2), 905.05 (title), 938.02 (13), 943.20 (2) (c) and 943.205 (2) (b); and to create 765.02 (3) and 990.01 (39) of the statutes; relating to: civil marriages.

Analysis by the Legislative Reference Bureau

Although current law provides that every person who has attained the age of 18 years may marry if otherwise competent, current law describes marriage as a legal relationship between two equal persons, a husband and a wife, and as a civil contract that creates the legal status of husband and wife. "Husband" and "wife" are not defined in the statutes, but the common dictionary definition of "husband" is a male partner in a marriage and the common dictionary definition of "wife" is a female partner in a marriage. Thus, our statutes have been interpreted as allowing marriage only between a man and a woman.

This bill specifically provides that marriage may be contracted between two persons of the same or opposite sex and confers the same rights and responsibilities on married persons of the same sex that married persons of the opposite sex have under current law. The bill defines "spouse" as a person who is legally married to another person of the same or opposite sex and replaces with "spouse" every reference in current law to "husband" or "wife." The bill makes applicable to married persons of the same sex all provisions under current law that apply to married persons of the opposite sex. These provisions relate to such diverse areas of the law as income tax, adoption, marital property, consent to artificial insemination, inheritance rights, divorce, child and spousal support, insurance coverage, family and spousal recreational licenses, consent for conducting an autopsy, domestic abuse, and eligibility for various types of benefits, such as retirement or death benefits or medical assistance.

This bill will be referred to the Joint Survey Committee on Tax Exemptions for a detailed analysis, which will be printed as an appendix to this bill.

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:

AB992, s. 1 Section 1. 11.05 (10) of the statutes is amended to read:

AB992,3,2 11.05 (10) Certain activity by spouses exempt. For purposes of compliance with the registration requirements of this section a husband and wife spouses acting jointly for political purposes shall be considered an "individual" rather than a "committee".."

AB992, s. 2 Section 2. 29.219 (4) of the statutes is amended to read:

AB992,3,7 29.219 (4) Husband and wife Spouses resident licenses. A combined husband and wife spouses resident fishing license shall be issued subject to s. 29.024 by the department to residents applying for this license. This license confers upon both husband and wife spouses the privileges of resident fishing licenses.

AB992, s. 3 Section 3. 29.228 (5) of the statutes is amended to read:

AB992,3,12 29.228 (5) Annual family fishing license. The department shall issue a nonresident annual family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

AB992, s. 4 Section 4. 29.228 (6) of the statutes is amended to read:

AB992,3,17 29.228 (6) Fifteen-day family fishing license. The department shall issue a nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

AB992, s. 5 Section 5. 29.229 (2) (i) of the statutes is amended to read:

AB992,3,19 29.229 (2) (i) Husband and wife Spouses fishing licenses.

AB992, s. 6 Section 6. 29.2295 (2) (i) of the statutes is amended to read:

AB992,3,21 29.2295 (2) (i) Husband and wife Spouses fishing licenses.

AB992, s. 7 Section 7. 29.563 (3) (a) 3. of the statutes is amended to read:

AB992,3,23 29.563 (3) (a) 3. Husband and wife Spouses: $23.25.

AB992, s. 8 Section 8. 29.607 (3) of the statutes is amended to read:

AB992,4,10 29.607 (3) License required; exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance, and to each member of the recipient's family. The term "immediate family" includes husband and wife spouses and minor children having who have their abode and domicile with the parent or legal guardian.

AB992, s. 9 Section 9. 40.02 (8) (a) 2. of the statutes is amended to read:

AB992,4,21 40.02 (8) (a) 2. In the absence of a written designation of beneficiary, or if all beneficiaries so designated die before filing with the department an application for any death benefit payable, the person determined in the following sequence: group 1, widow or widower surviving spouse; group 2, children if at least one child survives the participant, employee, or annuitant, in which event the share of any deceased child shall be payable to the surviving spouse of the child or to the surviving children of the child if there is no spouse, or otherwise to the other eligible children in this group; group 3, grandchild; group 4, parent; group 5, brother and sister. No payment may be made to a person included in any group if there is a living person in any preceding group.

AB992, s. 10 Section 10. 45.348 (2) (a) 1. of the statutes is amended to read:

AB992,4,25 45.348 (2) (a) 1. A spouse, an unremarried widow or widower surviving spouse, or a divorced spouse, but only if the divorced spouse is receiving benefits under a court order.

AB992, s. 11 Section 11. 45.37 (4) (c) 5. of the statutes is amended to read:

AB992,5,4 45.37 (4) (c) 5. The department may deviate from this sequence upon order of the board in order to prevent the separation of a family unit of husband and wife spouses.

AB992, s. 12 Section 12. 45.37 (6) (a) of the statutes is amended to read:

AB992,5,14 45.37 (6) (a) Was married to and living with the deceased veteran not less than 6 months immediately prior to the death of the veteran, or was married to the veteran at the time the veteran entered the service and was widowed became a surviving spouse by the death of the veteran in the service or as a result of physical disability incurred during such service, or the period during which the surviving spouse was married to and lived with the deceased veteran plus the period of widowhood during which a person remains a surviving spouse is 6 months or more, or if the surviving spouse was married to and living with the veteran less than 6 months and a child was born of the marriage; and

AB992, s. 13 Section 13. 46.10 (2) of the statutes is amended to read:

AB992,6,18 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB992, s. 14 Section 14. 48.02 (13) of the statutes is amended to read:

AB992,7,2 48.02 (13) "Parent" means either a biological parent, a husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

AB992, s. 15 Section 15. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB992,7,6 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.60.

AB992, s. 16 Section 16. 48.82 (1) (a) of the statutes is amended to read:

AB992,7,9 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB992, s. 17 Section 17. 49.141 (1) (j) 2. of the statutes is amended to read:

AB992,7,12 49.141 (1) (j) 2. A person who has consented to the artificial insemination of his wife or her spouse under s. 891.40.

AB992, s. 18 Section 18. 49.19 (4) (d) (intro.) of the statutes is amended to read:

AB992,7,16 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother a parent or stepparent of a dependent child if she the parent or stepparent is without a husband spouse or if she the parent or stepparent:

AB992, s. 19 Section 19. 49.19 (4) (d) 1. of the statutes is amended to read:

AB992,7,19 49.19 (4) (d) 1. Is the wife spouse of a husband an individual who is incapacitated for gainful work by mental or physical disability; or

AB992, s. 20 Section 20. 49.19 (4) (d) 2. of the statutes is amended to read:

AB992,7,24 49.19 (4) (d) 2. Is the wife spouse of a husband an individual who is incarcerated or who is a convicted offender permitted to live at home but precluded from earning a wage because the husband individual is required by a court imposed sentence to perform unpaid public work or unpaid community service; or

AB992, s. 21 Section 21. 49.19 (4) (d) 3. of the statutes is amended to read:

AB992,8,3 49.19 (4) (d) 3. Is the wife spouse of a husband an individual who has been committed to the department pursuant to ch. 975, irrespective of the probable period of such commitment; or

AB992, s. 22 Section 22. 49.19 (4) (d) 4. of the statutes is amended to read:

AB992,8,7 49.19 (4) (d) 4. Is the wife spouse of a husband an individual who has continuously abandoned or failed to support him or her, if proceedings have been commenced against the husband individual under ch. 769; or

AB992, s. 23 Section 23. 49.19 (4) (d) 5. of the statutes is amended to read:

AB992,8,12 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally separated from his or her husband spouse and is unable through use of the provisions of law to compel his or her former husband spouse to adequately support the child for whom aid is sought; or

AB992, s. 24 Section 24. 49.19 (4) (d) 8. of the statutes is amended to read:

AB992,8,15 49.19 (4) (d) 8. Is incapacitated and the county department under s. 46.215 or 46.22 believes she the parent or stepparent is the proper payee.

AB992, s. 25 Section 25. 49.43 (12) of the statutes is amended to read:

AB992,8,19 49.43 (12) "Spouse" means the legal husband or wife of the beneficiary individual to whom the beneficiary is legally married, whether or not eligible for medical assistance.

AB992, s. 26 Section 26. 49.90 (4) of the statutes is amended to read:

AB992,9,21 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB992, s. 27 Section 27. 69.11 (4) (b) of the statutes, as affected by 2003 Wisconsin Act 52, is amended to read:

AB992,9,25 69.11 (4) (b) The state registrar may amend an item on a birth certificate that affects information about the name, sex, date of birth, place of birth, parent's name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth certificate, if the amendment is at the request of a person with a direct and tangible interest in the record and is on a request form supplied by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth certificate may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband a parent or spouse that appears on the birth certificate. This paragraph may not be used to add to or delete from a birth certificate the name of a parent, to change the identity of a parent named on the birth certificate, or to effect a name change prohibited under s. 301.47.

AB992, s. 28 Section 28. 69.12 (5) of the statutes is amended to read:

AB992,10,18 69.12 (5) A change in the marital status on the certificate of birth may be requested under this section only if the marital status is inconsistent with father or husband parent or spouse information appearing on the certificate of birth. This section may not be used to add or delete the name of a parent on the certificate of birth or change the identity of either parent named on the certificate of birth.

AB992, s. 29 Section 29. 69.13 (2) (b) 4. of the statutes is amended to read:

AB992,10,24 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of divorce or annulment or a final divorce decree that indicates that the mother was not married to the person listed as her husband spouse at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

AB992, s. 30 Section 30. 69.14 (1) (e) of the statutes is amended to read:

AB992,11,5 69.14 (1) (e) Father's name. 1. If the mother of a registrant under this section was married to a man at any time from the conception to the birth of the registrant, the name of the husband spouse of the mother shall be entered on the birth certificate as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under ch. 767.

AB992,11,11 2. If the mother was not married to a man at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth certificate except as provided under s. 69.15 (3). If under this subdivision the name of the father of the registrant of a birth certificate is omitted from the certificate, no other information about the father may be entered on the certificate.

AB992, s. 31 Section 31. 69.14 (1) (g) of the statutes is amended to read:

AB992,11,20 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth certificate under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband spouse of the woman mother shall be considered the father a parent of the registrant on the birth certificate. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the any information about the father a parent, other than the biological mother, of the registrant shall be omitted from the registrant's birth certificate.

AB992, s. 32 Section 32. 69.15 (3) (b) 1. and 2. of the statutes are amended to read:

AB992,12,4 69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.60, a certified copy of the parents' marriage certificate and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband male spouse from the marriage certificate as the father if the name of the father was omitted on the original birth certificate. The state registrar shall include on the form for the acknowledgment a notice of the information in s. 767.458 (1) (a) to (e).

AB992,12,9 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.60 dies after his or her marriage and before the statement acknowledging paternity has been signed, the state registrar shall insert the name of the father under subd. 1. upon receipt of a court order determining that the husband male spouse was the father of the child.