AB503: Bill Text

LRB-0690/3

PJK&RAC:lmk:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 503

June 17, 2005 - Introduced by Representative Schneider. Referred to Committee on Insurance.

AB503,1,7 An Act to renumber and amend 40.02 (20) and 765.01; to amend 40.55 (1) and 765.001 (2); and to create 40.02 (20) (b), 40.02 (21c), 40.02 (21d), 765.01 (2), chapter 770, 990.01 (19p) and 990.01 (39) of the statutes; relating to: defining marriage as between one man and one woman and establishing domestic partnership; providing coverage for domestic partners of University of Wisconsin System employees and annuitants under health care coverage plans and long-term care insurance policies offered by the Group Insurance Board.

Analysis by the Legislative Reference Bureau

Health insurance benefits for domestic partners of University of Wisconsin System employees and annuitants

Under current law, the Group Insurance Board offers health care coverage plans for state employees, local government employees, school district employees, and annuitants under the Wisconsin Retirement System. In addition, the Group Insurance Board currently offers long-term care insurance policies to state employees and state annuitants. Under the health care coverage plans, the employees and annuitants are able to receive coverage for dependents; under the long-term care insurance policies, the employees and annuitants are able to purchase the policies for their spouses and parents.

This bill provides that domestic partners (as defined below) of University of Wisconsin System employees and annuitants are eligible to receive coverage under the health care coverage plans offered by the Group Insurance Board and that state employees and state annuitants are able to purchase the policies for their domestic partners.

Defining marriage

Current law provides that marriage is a civil contract that creates the legal status of husband and wife. Current law prohibits certain marriages, such as a marriage between persons who are nearer of kin than second cousins or a marriage in which at least one of the persons was divorced less than six months before the marriage. If a person who is prohibited from marrying in this state leaves the state for the purpose of contracting a marriage in a state where the marriage is valid, that marriage is void in this state. Such a person will be considered to have left this state for the purpose of marrying in the other state if he or she lived in this state within 12 months before marrying in the other state and resumed residence in this state within 18 months after leaving this state, or if he or she maintained a residence in this state the entire time that he or she was away.

This bill specifies that marriage is a civil contract between one man and one woman. The bill provides that only marriage between one man and one woman will be recognized as valid in this state, regardless of whether a marriage took place in a jurisdiction that defined marriage other than between one man and one woman as valid, and regardless of whether the statute regarding marrying in another state to circumvent the marriage laws of this state applies to a marriage. The bill provides definitions for "spouse" and "marriage" for purposes of statutory construction. A "spouse" is defined as a party to a marriage, and "marriage" is defined as a civil contract between one man and one woman that creates the legal status for the parties of husband and wife.

Domestic partnership

Current law specifies the requirements for contracting and for dissolving a marriage and, in addition, sets out various rights and responsibilities that apply to married persons or that result from the legal status of marriage. This bill provides requirements for forming a legal relationship of domestic partnership. Under the bill, a domestic partnership may be formed by two individuals who are at least 18 years old and who are not married or in another domestic partnership. The individuals may not be related to each other by blood in any way that would prohibit them from marrying under the laws of the state and must consider themselves to be members of each other's immediate family.

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 either party resides. 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:

AB503, s. 1 Section 1. 40.02 (20) of the statutes is renumbered 40.02 (20) (intro.) and amended to read:

AB503,3,3 40.02 (20) (intro.) "Dependent" means the:

AB503,4,4 (a) Except as provided in par. (b), the spouse, minor child, including stepchildren of the current marriage dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection paragraph for each group insurance plan.

AB503, s. 2 Section 2. 40.02 (20) (b) of the statutes is created to read:

AB503,4,13 40.02 (20) (b) For an employee of the Board of Regents of the University of Wisconsin System or for an annuitant who was employed by the Board of Regents of the University of Wisconsin System on the day on which he or she terminated covered employment, the spouse, domestic partner, minor child, including stepchildren of the current marriage or children of a domestic partner dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage or children of a domestic partner, if handicapped to an extent requiring continued dependence.

AB503, s. 3 Section 3. 40.02 (21c) of the statutes is created to read:

AB503,4,15 40.02 (21c) "Domestic partner" has the meaning given in s. 770.01 (1).

AB503, s. 4 Section 4. 40.02 (21d) of the statutes is created to read:

AB503,4,17 40.02 (21d) "Domestic partnership" has the meaning given in s. 770.01 (2).

AB503, s. 5 Section 5. 40.55 (1) of the statutes is amended to read:

AB503,5,5 40.55 Long-term care coverage. (1) Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been approved for sale in this state by the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board if the insurer requests that the policy be offered , and the state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse or parent. If the eligible employee is employed by the Board of Regents of the University of Wisconsin System or if the state annuitant was employed by the Board of Regents of the University of Wisconsin System on the day on which he or she terminated covered employment, the state shall also allow the eligible employee or state annuitant to purchase those policies for his or her domestic partner.

AB503, s. 6 Section 6. 765.001 (2) of the statutes is amended to read:

AB503,6,2 765.001 (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. It is the public policy of this state that marriage may be contracted only between one man and one woman. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, 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.

AB503, s. 7 Section 7. 765.01 of the statutes is renumbered 765.01 (1) and amended to read:

AB503,6,7 765.01 (1) Marriage, so far as its validity at law is concerned, is a civil contract between one man and one woman, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.

AB503, s. 8 Section 8. 765.01 (2) of the statutes is created to read:

AB503,6,12 765.01 (2) Regardless of whether s. 765.04 applies and regardless of whether a marriage takes place in another jurisdiction in which marriage other than between one man and one woman is defined as valid, only marriage between one man and one woman shall be recognized as valid in this state.

AB503, s. 9 Section 9. Chapter 770 of the statutes is created to read:

AB503,6,14 Chapter 770

AB503,6,15 Domestic partnership

AB503,6,16 770.01 Definitions. In this chapter:

AB503,6,19 (1) "Domestic partner" means an individual who has signed and filed a declaration of domestic partnership in the office of the register of deeds as provided under s. 770.10.

AB503,6,21 (2) "Domestic partnership" means the legal relationship that is formed between 2 individuals under this chapter.

AB503,6,23 770.05 Criteria for forming a domestic partnership. Two individuals may form a domestic partnership if they fulfill all of the following criteria:

AB503,6,25 (1) Each individual is at least 18 years old and otherwise competent to enter into a contract.

AB503,7,2 (2) Neither individual is married to, or registered in a domestic partnership with, another individual.

AB503,7,4 (3) The 2 individuals are not related by blood in any way that would prohibit marriage under s. 765.03.

AB503,7,6 (4) The 2 individuals consider themselves to be members of each other's immediate family.

AB503,7,10 770.07 Application. (1) (a) Individuals who wish to form a domestic partnership shall apply 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.