AB992: Bill Text

AB992, s. 41 Section 41. 71.07 (5m) (a) 3. of the statutes is amended to read:

AB992,14,16 71.07 (5m) (a) 3. "Household" means a claimant and an individual related to the claimant as husband or wife the claimant's spouse.

AB992, s. 42 Section 42. 71.07 (9e) (b) of the statutes is amended to read:

AB992,14,21 71.07 (9e) (b) No credit may be allowed under this subsection to married persons, except married persons living apart who are treated as single under section 7703 (b) of the internal revenue code Internal Revenue Code, if the husband and wife spouses report their income on separate income tax returns for the taxable year.

AB992, s. 43 Section 43. 71.09 (13) (a) 2. of the statutes is amended to read:

AB992,15,5 71.09 (13) (a) 2. The tax shown on the return for the preceding year. If a husband and wife spouses who filed separate returns for the preceding taxable year file a joint return, the tax shown on the return for the preceding year is the sum of the taxes shown on the separate returns of the husband and wife spouses. If a husband and wife spouses who filed a joint return for the preceding taxable year file separate returns, the tax shown on the return for the preceding year is the husband's or wife's one spouse's proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.

AB992, s. 44 Section 44. 71.52 (4) of the statutes is amended to read:

AB992,15,8 71.52 (4) "Household" means a claimant and an individual related to the claimant as husband or wife the claimant's spouse.

AB992, s. 45 Section 45. 71.83 (1) (a) 8. of the statutes is amended to read:

AB992,15,16 71.83 (1) (a) 8. `Joint return replacing separate returns.' If the amount shown as the tax by the husband and wife married persons on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25% of the total amount of that excess shall be added to the tax.

AB992, s. 46 Section 46. 71.83 (1) (b) 5. of the statutes is amended to read:

AB992,15,23 71.83 (1) (b) 5. `Joint return after separate returns.' If the amount shown as the tax by the husband and wife married persons on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50% of the total amount of that excess shall be added to the tax.

AB992, s. 47 Section 47. 77.25 (8m) of the statutes is amended to read:

AB992,15,25 77.25 (8m) Between husband and wife spouses.

AB992, s. 48 Section 48. 102.49 (1) of the statutes is amended to read:

AB992,16,12 102.49 (1) Where the beneficiary under s. 102.46 or 102.47 (1) is the wife or husband spouse of the deceased employee and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by sub. (5) for each child by their marriage who is living at the time of the death of the employee, and who is likewise wholly dependent upon the employee for support. Such payment shall commence at the time that primary death benefit payments are completed, or if advancement of compensation has been paid at the time when payments would normally have been completed. Payments shall continue at the rate of 10% of the surviving parent's weekly indemnity until the child's 18th birthday. If the child is physically or mentally incapacitated, such payments may be continued beyond the 18th birthday but the payments may not continue for more than a total of 15 years.

AB992, s. 49 Section 49. 102.51 (1) (a) 1. of the statutes is amended to read:

AB992,16,15 102.51 (1) (a) 1. A wife An individual upon a husband his or her spouse with whom she the individual is living at the time of his the spouse's death.

AB992, s. 50 Section 50. 102.51 (1) (a) 2. of the statutes is repealed.

AB992, s. 51 Section 51. 103.10 (1) (h) of the statutes is amended to read:

AB992,16,19 103.10 (1) (h) "Spouse" means an employee's legal husband or wife the person to whom an employee is legally married.

AB992, s. 52 Section 52. 111.32 (12) of the statutes is amended to read:

AB992,16,22 111.32 (12) "Marital status" means the status of being married, single, divorced, or separated or widowed being a surviving spouse.

AB992, s. 53 Section 53. 115.76 (12) (a) 2. of the statutes is amended to read:

AB992,16,25 115.76 (12) (a) 2. A husband An individual who has consented to the artificial insemination of his wife or her spouse under s. 891.40.

AB992, s. 54 Section 54. 146.34 (1) (f) of the statutes is amended to read:

AB992,17,7 146.34 (1) (f) "Parent" means a biological parent, a husband a 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 minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.

AB992, s. 55 Section 55. 157.05 of the statutes is amended to read:

AB992,17,15 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife spouse, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB992, s. 56 Section 56. 157.10 of the statutes is amended to read:

AB992,17,24 157.10 Alienation and use of cemetery lots. While any person is buried in a cemetery lot, the cemetery lot shall be inalienable, without the consent of the cemetery authority, and on the death of the owner, ownership of the cemetery lot shall descend to the owner's heirs; but any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot. No human remains may be buried in a cemetery lot except the human remains of one having an interest in the cemetery lot, or a relative, or the husband or wife spouse of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot.

AB992, s. 57 Section 57. 182.004 (6) of the statutes is amended to read:

AB992,18,6 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB992, s. 58 Section 58. 301.12 (2) of the statutes is amended to read:

AB992,19,4 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, 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. 301.03 (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 that person. 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 of the notice is not a condition of liability.

AB992, s. 59 Section 59. 700.19 (2) of the statutes is amended to read:

AB992,19,13 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer or buyers in a bill of sale are described in the document, instrument or bill of sale as husband and wife spouses, or are in fact husband and wife spouses, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

AB992, s. 60 Section 60. 705.01 (4) and (4m) of the statutes are amended to read:

AB992,19,20 705.01 (4) "Joint account" means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. "Joint account" also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

AB992,20,2 (4m) "Marital account" means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

AB992, s. 61 Section 61. 706.09 (1) (e) of the statutes is amended to read:

AB992,20,10 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, or unmarried or widowed, or is a surviving spouse, or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

AB992, s. 62 Section 62. 765.001 (2) of the statutes is amended to read:

AB992,21,4 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife spouses, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

AB992, s. 63 Section 63. 765.01 of the statutes is amended to read:

AB992,21,8 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouses.

AB992, s. 64 Section 64. 765.02 (3) of the statutes is created to read:

AB992,21,10 765.02 (3) Two persons of the same or opposite sex may contract marriage.

AB992, s. 65 Section 65. 765.03 (1) of the statutes is amended to read:

AB992,21,21 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that such a marriage may be contracted between first cousins where if the female has attained the age of 55 years or where, if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile, or if the persons are of the same sex. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

AB992, s. 66 Section 66. 765.16 (intro.) and (3) of the statutes are amended to read:

AB992,22,4 765.16 Marriage contract, how made; officiating person. (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. The following are authorized to be officiating persons:

AB992,22,8 (3) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

AB992, s. 67 Section 67. 765.23 of the statutes is amended to read:

AB992,22,24 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized in a county other than the county prescribed in s. 765.12, or more than 30 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16, and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife spouses, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.60.

AB992, s. 68 Section 68. 765.24 of the statutes is amended to read:

AB992,23,13 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband and wife spouse with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife spouses, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband and wife spouse was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife spouses in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the any issue of such subsequent marriage shall be considered as the marital issue of both parents.

AB992, s. 69 Section 69. 765.30 (3) (a) of the statutes is amended to read:

AB992,23,23 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each takes the other as husband and wife his or her spouse; or without the presence of 2 competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person; or solemnizes a marriage in a county other than the county prescribed in s. 765.12.

AB992, s. 70 Section 70. 766.587 (7) (form) of the statutes is amended to read:

AB992,23,25 766.587 (7) (form)

AB992,24,1 NOTICE TO PERSONS WHO SIGN THIS AGREEMENT:

AB992,24,11 1. EFFECTIVE JANUARY 1, 1986, A NEW PROPERTY LAW, KNOWN AS THE MARITAL PROPERTY SYSTEM, GOVERNS THE PROPERTY RIGHTS OF MARRIED PERSONS IN WISCONSIN. UNDER THE MARITAL PROPERTY SYSTEM, EACH SPOUSE HAS A 50% OWNERSHIP INTEREST IN PROPERTY ACQUIRED DURING MARRIAGE DUE TO THE EFFORTS OF EITHER OR BOTH SPOUSES, SUCH AS WAGES, DEFERRED EMPLOYMENT BENEFITS, LIFE INSURANCE, INCOME FROM PROPERTY AND CERTAIN APPRECIATION OF PROPERTY. BY ENTERING INTO THIS AGREEMENT, YOU HAVE AGREED TO RELINQUISH YOUR RIGHTS TO AN AUTOMATIC OWNERSHIP INTEREST IN SUCH PROPERTY ACQUIRED DURING 1986.

AB992,24,17 2. CLASSIFICATION BY THIS AGREEMENT OF YOUR AND YOUR SPOUSE'S PROPERTY AS THE INDIVIDUAL PROPERTY OF THE OWNER MAY AFFECT YOUR ACCESS TO CREDIT, THE ACCUMULATION OF AND THE MANAGEMENT AND CONTROL OF PROPERTY BY YOU DURING YOUR MARRIAGE AND THE AMOUNT OF PROPERTY YOU HAVE TO DISPOSE OF AT YOUR DEATH.

AB992,24,23 3. THIS AGREEMENT TERMINATES ON JANUARY 1, 1987. IF YOU WISH TO CHANGE THIS AGREEMENT BEFORE JANUARY 1, 1987, OR IF YOU WISH TO CONTINUE TO CLASSIFY YOUR PROPERTY AS PROVIDED IN THIS AGREEMENT AFTER IT TERMINATES ON JANUARY 1, 1987, YOU MAY DO SO BY EXECUTING A NEW MARITAL PROPERTY AGREEMENT THAT COMPLIES WITH SECTION 766.58, WISCONSIN STATUTES.

AB992,24,24 4. THIS AGREEMENT DOES NOT AFFECT RIGHTS AT DIVORCE.

AB992,25,5 5. IN GENERAL, THIS AGREEMENT IS NOT BINDING ON CREDITORS UNLESS THE CREDITOR IS FURNISHED A COPY OF THE AGREEMENT BEFORE CREDIT IS EXTENDED. IN ADDITION, THIRD PARTIES OTHER THAN CREDITORS MIGHT NOT BE BOUND BY THIS AGREEMENT UNLESS THEY HAVE ACTUAL KNOWLEDGE OF THE TERMS OF THE AGREEMENT.

AB992,25,6 6. THIS AGREEMENT MAY AFFECT YOUR TAXES.

AB992,25,8 7. THIS AGREEMENT MAY AFFECT ANY PREVIOUS MARRIAGE AGREEMENT ENTERED INTO BY YOU AND YOUR SPOUSE.

AB992,25,11 8. THIS AGREEMENT DOES NOT ALTER THE LEGAL DUTY OF SUPPORT THAT SPOUSES HAVE TO EACH OTHER OR THAT A SPOUSE HAS TO HIS OR HER CHILDREN.

AB992,25,16 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986, OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER.

AB992,25,18 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

AB992,25,19 (Pursuant to Section 766.587, Wisconsin Statutes)

AB992,25,21 This agreement is made and entered into by .... and ...., (husband and wife spouses) (who intend to marry) (strike one).

AB992,25,25 The parties to this agreement agree to classify all their property, including property owned by them now and property acquired before January 1, 1987, as the individual property of the owning spouse, and agree that ownership of their property shall be determined as if it were December 31, 1985.

AB992,26,1 This agreement terminates on January 1, 1987.

AB992,26,2 Signature .... Date ....

AB992,26,3 Print Name

AB992,26,4 Here: ....

AB992,26,5 Address: ....

AB992,26,6 Signature .... Date ....

AB992,26,7 Print Name

AB992,26,8 Here: ....

AB992,26,9 Address: ....

AB992,26,10 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

AB992, s. 71 Section 71. 766.588 (9) (form) of the statutes is amended to read:

AB992,26,12 766.588 (9) (form)

AB992,26,13 NOTICE TO PERSONS WHO SIGN THIS AGREEMENT:

AB992,27,6 1. A PROPERTY LAW KNOWN AS THE MARITAL PROPERTY SYSTEM GOVERNS THE PROPERTY RIGHTS OF MARRIED PERSONS IN WISCONSIN. AFTER THE MARITAL PROPERTY SYSTEM APPLIES TO A MARRIED COUPLE, EACH SPOUSE HAS AN UNDIVIDED ONE-HALF OWNERSHIP INTEREST IN PROPERTY, SUCH AS WAGES, DEFERRED EMPLOYMENT BENEFITS, LIFE INSURANCE, INCOME FROM PROPERTY AND CERTAIN APPRECIATION OF PROPERTY, THEREAFTER ACQUIRED DURING MARRIAGE DUE TO THE EFFORTS OF EITHER OR BOTH SPOUSES. PROPERTY WHICH IS BROUGHT TO THE MARRIAGE AND PROPERTY WHICH IS ACQUIRED BY ONE SPOUSE DURING THE MARRIAGE BY GIFT OR INHERITANCE IS NOT MARITAL PROPERTY BUT IS SOLELY OWNED BY THE ACQUIRING SPOUSE. THIS AGREEMENT ALTERS THE LAW GOVERNING YOUR PROPERTY RIGHTS. THE PURPOSE OF THE FOLLOWING INFORMATION IS TO APPRISE YOU, IN VERY GENERAL TERMS, OF SOME OF THE MORE IMPORTANT ASPECTS AND POSSIBLE EFFECTS OF THIS AGREEMENT. THE INFORMATION IS NOT INTENDED TO BE A PRECISE OR COMPLETE RECITATION OF THE LAW APPLICABLE TO THIS AGREEMENT AND IS NOT A SUBSTITUTE FOR LEGAL ADVICE.