LRB-5429/1
SWB:cjs
2023 - 2024 LEGISLATURE
January 25, 2024 - Introduced by Representatives Snodgrass, Cabrera,
Neubauer, Ratcliff, Clancy, C. Anderson, J. Anderson, Andraca, Baldeh,
Bare, Conley, Emerson, Hong, Jacobson, Joers, Madison, Moore
Omokunde
, Ohnstad, Palmeri, Riemer, Shankland, Shelton, Sinicki, Subeck
and Vining, cosponsored by Senators Spreitzer, Carpenter, Agard,
Hesselbein, Larson, Pfaff, Roys, Smith and Wirch. Referred to Committee
on State Affairs.
AB1000,4,9 1An Act to repeal 102.51 (1) (a) 2., 115.76 (12) (a) 2., 115.76 (12) (a) 3., 767.89 (2)
2(b) 1., 2. and 3. and 769.401 (2) (g); to renumber 767.84 (1) (a) 1. and 2.; to
3renumber and amend
767.84 (1) (a) 3., 767.89 (2) (b) (intro.) and 891.41 (1)
4(b); to amend 29.219 (4), 29.228 (5), 29.228 (6), 29.229 (2) (i), 29.2295 (2) (i),
529.563 (3) (a) 3., 29.607 (3), 45.01 (6) (c), 45.51 (3) (c) 2., 45.51 (5) (a) 1. b., 45.51
6(5) (a) 1. c., 45.55, 46.03 (34), 46.10 (2), 46.238, 48.02 (13), 48.025 (title), 48.025
7(1), 48.025 (2) (a), 48.025 (2) (b), 48.025 (2) (c), 48.025 (2) (d), 48.025 (3) (b),
848.025 (3) (c), 48.025 (5) (a) 1., 48.19 (1) (cm), 48.193 (1) (c), 48.20 (8) (b), 48.203
9(4), 48.203 (5), 48.203 (6) (a), 48.205 (1) (d), 48.205 (1m), 48.21 (1) (b) 4., 48.213
10(1) (b), 48.217 (1) (c) 2., 48.217 (4), 48.23 (2m) (b), 48.245 (2r), 48.245 (3), 48.245
11(4), 48.245 (5), 48.245 (8), 48.255 (1m) (f), 48.255 (1m) (g), 48.255 (4), 48.27 (3)
12(b) 1. and 2., 48.27 (3) (c), 48.27 (4) (b) 2., 48.27 (5), 48.295 (1), 48.299 (1) (a),
1348.299 (6) (intro.), 48.299 (6) (e) 1., 48.299 (6) (e) 2., 48.299 (6) (e) 3., 48.299 (6)
14(e) 4., 48.299 (7), 48.299 (8), 48.30 (2), 48.32 (1) (a), 48.33 (2), 48.33 (4) (intro.),

148.345 (intro.), 48.345 (14) (a), 48.347 (intro.), 48.347 (6) (a), 48.355 (1), 48.355
2(2) (b) 2m., 48.355 (4g) (a) 1., 48.356 (1), 48.357 (1) (am) 2. b., 48.357 (5r), 48.361
3(2) (a) 1m., 48.362 (3m), 48.41 (2) (c), 48.415 (6) (b), 48.415 (9) (a) and (b), 48.42
4(1g), 48.42 (2) (b) 1., 48.42 (2) (b) 2., 48.42 (2) (bm) 1., 48.42 (2m) (b), 48.42 (4)
5(b) 5., 48.422 (6) (a), 48.422 (7) (bm), 48.422 (7) (br), 48.423 (1) and (2), 48.43 (6)
6(b), 48.432 (1) (am) 1., 48.432 (1) (am) 2. b., 48.435, 48.63 (3) (b) 4., 48.63 (3) (b)
75., 48.82 (1) (a), 48.837 (1r) (d), 48.837 (1r) (e), 48.837 (6) (b), 48.837 (6) (br),
848.837 (8), 48.913 (1) (a), 48.913 (1) (b), 48.913 (1) (c), 48.913 (1) (f), 48.913 (1)
9(i), 48.913 (1) (m), 48.913 (2) (intro.), 48.913 (2) (b), 48.913 (2) (c) (intro.), 48.913
10(3), 48.9795 (1) (a) 1. c. and (b), 48.9795 (4) (e) 3., 49.141 (1) (i) 3., 49.141 (1) (j)
111., 49.141 (1) (j) 2., 49.141 (1) (j) 4., 49.141 (1) (j) 5., 49.141 (1) (j) 6., 49.148 (1m)
12(title), 49.148 (1m) (a) 2., 49.148 (1m) (c) 2., 49.155 (1m) (c) 1g., 49.155 (1m) (c)
131h., 49.162 (2m) (a) 2., 49.162 (2m) (b) 2., 49.163 (2) (am) 2., 49.19 (1) (a) 2. a.,
1449.19 (4) (d) (intro.), 49.19 (4) (d) 1., 49.19 (4) (d) 2., 49.19 (4) (d) 3., 49.19 (4) (d)
154., 49.19 (4) (d) 5., 49.225 (2), 49.225 (3) (a), 49.26 (1) (g) 11., 49.345 (2), 49.43
16(12), 49.463 (3) (b) 2. a., 49.471 (1) (b) 2., 49.79 (6q) (b) 2. a., 49.90 (4), 51.13 (4)
17(h) 4., 54.01 (36) (a), 54.960 (1), 69.03 (14), 69.03 (15), 69.11 (4) (b), 69.12 (5),
1869.13 (intro.), 69.13 (2) (b) 4., 69.14 (1) (c) 4., 69.14 (1) (cm), 69.14 (1) (e), 69.14
19(1) (f) 1., 69.14 (1) (g), 69.14 (1) (h), 69.14 (2) (b) 2. c. and d., 69.15 (1), 69.15 (3)
20(a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.), a. and b., 69.15 (3m) (title),
2169.15 (3m) (a) 3. and (b), 69.18 (1) (e) 1. (intro.), 69.20 (2) (b), 71.03 (2) (d) (title),
2271.03 (2) (d) 1., 71.03 (2) (d) 2., 71.03 (2) (d) 3., 71.03 (2) (g), 71.03 (2) (m) 2., 71.03
23(4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3., 71.07 (9e) (b), 71.09 (13) (a) 2., 71.52
24(4), 71.83 (1) (a) 8., 71.83 (1) (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m),
25102.07 (5) (b), 102.07 (5) (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3.,

1111.32 (12), 115.76 (12) (a) 1., 115.76 (12) (a) 4., 115.76 (13), 146.0255 (2),
2146.0255 (3) (intro.) and (b), 146.0257 (2), 146.34 (1) (f), 146.817 (1), 157.05,
3182.004 (6), 250.04 (3) (a), 253.165, 301.01 (2) (cm), 301.12 (2), 301.50 (1), 441.15
4(4), 700.19 (2), 705.01 (4), 705.01 (4m), 706.09 (1) (e), 757.69 (1) (g) 2., 757.69
5(1) (g) 9., 757.69 (1m) (d), 765.001 (2), 765.01, 765.03 (1), 765.12 (1) (a), 765.16
6(1m) (intro.), 765.16 (1m) (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form)
79., 766.588 (9) (form) 13., 766.589 (10) (form) 14., 767.001 (1m), 767.215 (2) (b),
8767.215 (5) (a) 2., 767.323, 767.43 (3) (b) and (4), 767.80 (1) (c), 767.80 (1) (d),
9767.80 (1) (k), 767.80 (1m), 767.80 (2), 767.80 (5) (a) and (b), 767.80 (5m), 767.80
10(6m), 767.80 (6r) (a) 1., 2. c. and 3., 767.803, 767.804 (1) (title), 767.804 (1) (a)
11(intro.), 1., 3. and 4., 767.804 (1) (b) (intro.), 2., 3. and 4., 767.804 (1) (c) 1. and
122., 767.804 (1) (d), 767.804 (2), 767.804 (3) (d) 1. and 2., 767.804 (4) (a) 1. (intro.),
13767.804 (4) (a) 2., 767.805 (2) (b), 767.805 (4) (d), 767.805 (5) (b), 767.813 (5) (a),
14(b) and (c), 767.813 (5g), 767.815 (2) (a) and (b), 767.82 (2m) and (4), 767.83 (1),
15767.84 (1) (a) (intro.), 767.84 (1) (b) (intro.) and 2., 767.84 (4), 767.84 (6), 767.85
16(1), 767.855, 767.863 (1m), 767.863 (2), 767.87 (1) (a), (b), (d) and (e), 767.87 (1m)
17(intro.), 767.87 (2), 767.87 (3), 767.87 (6), 767.87 (9), 767.87 (10), 767.88 (2) (b)
18and (c), 767.883 (1), 767.89 (2) (a), 767.89 (3) (e), 767.893 (1m), (2) (b) 1. and 2.
19and (2m) (a), 767.895 (intro.), 769.201 (1m) (g), 769.316 (4), 769.316 (9), 769.401
20(2) (a), 770.07 (2), 786.36 (1) (c), 808.075 (4) (a) 4., 815.20 (1), 822.40 (4), 851.30
21(2) (a), 852.01 (1) (d), 852.01 (1) (f) 1., 852.01 (1) (f) 2., 852.01 (1) (f) 3., 852.05
22(1) and (2), 854.03 (3), 891.39 (title), 891.39 (1) (a), 891.39 (2) (a), 891.39 (3),
23891.395, 891.40, 891.405, 891.407, 891.41 (title), 891.41 (1) (intro.), 891.41 (1)
24(a), 891.41 (2), 905.04 (4) (e) 3., 905.05 (title), 938.02 (13), 938.27 (3) (b), 938.27
25(5), 938.299 (6) (intro.), 938.299 (6) (e) 1., 2., 3. and 4., 938.299 (7) and (8),

1938.355 (4g) (a) 1., 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g)
2(intro.), 940.05 (2h), 940.195 (1), 940.195 (2), 940.195 (4), 940.195 (5), 940.23 (1)
3(b), 943.20 (2) (c), 943.201 (1) (b) 8., 943.205 (2) (b), 944.17 (3), 944.20 (2), 948.10
4(2) (b), 948.31 (2) and 990.01 (19j) (b); to repeal and recreate 69.15 (3) (title),
5subchapter IX (title) of chapter 767 [precedes 767.80] and 767.80 (1) (b); and to
6create
48.02 (5k), 69.15 (3) (b) 3m., 765.02 (3), 767.84 (1) (a) 2m., 891.41 (3),
7938.02 (5s), 990.01 (22h), 990.01 (39) and 990.01 (40m) of the statutes; relating
8to:
adopting gender-neutral terminology and incorporating gender-neutral
9marriage and parentage rights.
Analysis by the Legislative Reference Bureau
Summary
This bill recognizes same-sex marriage by making references in the statutes
to spouses gender-neutral, with the intent of harmonizing the Wisconsin Statutes
with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584,
192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a
fundamental constitutional right to marriage. The bill also recognizes legal
parentage for same-sex couples under certain circumstances and adopts
gender-neutral parentage terminology.
Same-sex marriage
The bill provides that marriage may be contracted between persons of the same
sex and confers the same rights and responsibilities on married persons of the same
sex that married persons of different sexes have under current law. The bill defines
“spouse" as a person who is legally married to another person of the same sex or a
different sex and replaces every reference to “husband" or “wife" in current law with
“spouse." The bill makes applicable to married persons of the same sex all provisions
under current law that apply to married persons of different sexes. These provisions
relate to such diverse areas of the law as income tax, marital property, inheritance
rights, divorce, child and spousal support, insurance coverage, family and spousal
recreational licenses, consent to conduct an autopsy, domestic abuse, and eligibility
for various types of benefits, such as retirement or death benefits and medical
assistance.
Parentage
In addition to making statutory references to spouses gender-neutral, the bill
specifies ways in which couples of the same sex may be the legal parents of a child,
recognizes that a transgender person may become pregnant and give birth to a child,

and makes current references in the statutes to “mother" and “father," and related
terms, gender-neutral.
Under current law, all of the following may adopt a child: a husband and wife
jointly, a husband or wife whose spouse is the parent of the child, and an unmarried
adult. Because the bill makes references in the statutes to spouses gender-neutral,
same-sex spouses jointly may adopt a child and become the legal parents of the child,
and a same-sex spouse of a person who is the parent of a minor child may adopt the
child and become the legal parent of his or her spouse's child.
Under current law, if a woman is artificially inseminated under the supervision
of a physician with semen donated by a man who is not her husband and the husband
consents in writing to the artificial insemination of his wife, the husband is the
natural father of any child conceived. Under the bill, one spouse may also consent
to the artificial insemination of his or her spouse and is the natural parent of the child
conceived. The artificial insemination is not required to take place under the
supervision of a physician, but, if it does not, the semen used for the insemination
must have been obtained from a sperm bank.
Under current law, a man is presumed to be the father of a child if he and the
child's natural mother 1) were married to each other when the child was conceived
or born or 2) married each other after the child was born but had a relationship with
each other when the child was conceived and no other man has been adjudicated to
be the father or is presumed to be the father because the man was married to the
mother when the child was conceived or born. The paternity presumption may be
rebutted in a legal action or proceeding by the results of a genetic test showing that
the statistical probability of another man's parentage is 99.0 percent or higher. The
bill expands this presumption into a parentage presumption, so that a person is
presumed to be the natural parent of a child if he or she 1) was married to the person
who gave birth to the child when the child was conceived or born or 2) married the
person who gave birth to the child after the child was born but had a relationship with
the person who gave birth to the child when the child was conceived and no person
has been adjudicated to be the child's parent and no other person is presumed to be
the child's parent because he or she was married, at the time the child was born, to
the person who gave birth to the child. The parentage presumption may still be
rebutted by the results of a genetic test showing that the statistical probability of
another person's parentage is 99.0 percent or higher. Expanding on current law, the
bill allows for a parentage action to be brought for the purpose of rebutting the
parentage presumption, regardless of whether that presumption applies to a male
or female spouse.
Current law provides that a mother and a man may sign a statement
acknowledging paternity and file it with the state registrar. If the state registrar has
received such a statement, the man is presumed to be the father of the child. Under
current law, either person who has signed a statement acknowledging paternity may
rescind the statement before an order is filed in an action affecting the family
concerning the child or within 60 days after the statement is filed, whichever occurs
first. Under current law, a man who has filed a statement acknowledging paternity
that is not rescinded within the time period is conclusively determined to be the

father of the child. The bill provides that two people may sign a statement
acknowledging parentage and file it with the state registrar. If the state registrar
has received such a statement, the people who have signed the statement are
presumed to be the parents of the child. Under the bill, a statement acknowledging
parentage that is not rescinded conclusively establishes parentage with regard to the
person who did not give birth to the child and who signed the statement.
Under current law, the paternity of a child may be established by genetic testing
in an administrative determination of paternity or in a paternity action in court. The
bill changes the term “paternity” to “parentage” in the context of establishing the
parent of a child by genetic testing.
The bill defines “natural parent" as a parent of a child who is not an adoptive
parent, whether the parent is biologically related to the child or not. Thus, a person
who is a biological parent, a parent by consenting to the artificial insemination of his
or her spouse, or a parent under the parentage presumption is a natural parent of
a child. The definition applies throughout the statutes wherever the term “natural
parent" is used. In addition, the bill expands some references in the statutes to
“biological parent" by changing the reference to “natural parent."
Birth certificates
Generally, the bill substitutes the term “spouse" for “husband" in the birth
certificate statutes and enters the spouse, instead of the husband, of the person who
has given birth on the birth certificate at times when a husband would currently be
entered on a birth certificate. The name of the person who has given birth is entered
on a birth certificate when the person gives birth to a child, and current law specifies
when another name should be entered on the birth certificate. Current law requires
that if a birth mother is married at any time from the conception to the birth of a
child, then her husband's name is entered on the birth certificate as the legal father
of the child. Under the bill, if a person who gives birth is married at any time from
the conception to the birth of the child, then that person's spouse's name is entered
as a legal parent of the child. The bill also specifies that, in the instance that a second
parent's name is initially omitted from the birth certificate, if the state registrar
receives a signed acknowledgement of parentage by people presumed to be parents
because the two people married after the birth of the child, the two people had a
relationship during the time the child was conceived, no person is adjudicated to be
the father, and no other person is presumed to be the parent, then the state registrar
must enter the name of the spouse of the person who gave birth as a parent on the
birth certificate.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the 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:
AB1000,1 1Section 1. 29.219 (4) of the statutes is amended to read:
AB1000,7,52 29.219 (4) Husband and wife Spouses resident licenses. A combined husband
3and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
4department to residents applying for this license. This license confers upon both
5husband and wife spouses the privileges of resident fishing licenses.
AB1000,2 6Section 2. 29.228 (5) of the statutes is amended to read:
AB1000,7,107 29.228 (5) Annual family fishing license. The department shall issue a
8nonresident annual family fishing license, subject to s. 29.024, to any nonresident
9who applies for this license. This license entitles the husband, wife spouses and any
10minor children to fish under this license.
AB1000,3 11Section 3. 29.228 (6) of the statutes is amended to read:
AB1000,7,1512 29.228 (6) Fifteen-day family fishing license. The department shall issue a
13nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
14who applies for this license. This license entitles the husband, wife spouses and any
15minor children to fish under this license.
AB1000,4 16Section 4. 29.229 (2) (i) of the statutes is amended to read:
AB1000,7,1717 29.229 (2) (i) Husband and wife Spouses fishing licenses.
AB1000,5 18Section 5. 29.2295 (2) (i) of the statutes is amended to read:
AB1000,7,1919 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
AB1000,6 20Section 6. 29.563 (3) (a) 3. of the statutes is amended to read:
AB1000,7,2121 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.
AB1000,7
1Section 7. 29.607 (3) of the statutes is amended to read:
AB1000,8,112 29.607 (3) License required; exceptions; wild rice identification card. Every
3person over the age of 16 and under the age of 65 shall obtain the appropriate wild
4rice license to harvest or deal in wild rice but no license to harvest is required of the
5members of the immediate family of a licensee or of a recipient of old-age assistance
6or members of their immediate families. The department, subject to s. 29.024 (2g)
7and (2r), shall issue a wild rice identification card to each member of a licensee's
8immediate family, to a recipient of old-age assistance and to each member of the
9recipient's family. The term “immediate family" includes husband and wife spouses
10and minor children having their abode and domicile with the parent or legal
11guardian.
AB1000,8 12Section 8. 45.01 (6) (c) of the statutes is amended to read:
AB1000,8,1513 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in
14the place of a parent and who has so acted for not less than 12 months prior to the
15veteran's entrance into active service.
AB1000,9 16Section 9. 45.51 (3) (c) 2. of the statutes is amended to read:
AB1000,8,1817 45.51 (3) (c) 2. The department may deviate from this sequence upon order of
18the board to prevent the separation of a husband and wife spouses.
AB1000,10 19Section 10. 45.51 (5) (a) 1. b. of the statutes is amended to read:
AB1000,8,2320 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
21the person entered the service and who became a widow or widower surviving spouse
22by the death of the person while in the service or as a result of physical disability of
23the person incurred during the service.
AB1000,11 24Section 11. 45.51 (5) (a) 1. c. of the statutes is amended to read:
AB1000,9,4
145.51 (5) (a) 1. c. The period during which the surviving spouse was married
2to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of
3widowhood or widowerhood
after the death of the deceased person is 6 months or
4more.
AB1000,12 5Section 12. 45.55 of the statutes is amended to read:
AB1000,9,20 645.55 Notes and mortgages of minor veterans. Notwithstanding any
7provision of this chapter or any other law to the contrary, any minor who served in
8the active armed forces of the United States at any time after August 27, 1940, and
9the husband or wife spouse of such a minor may execute, in his or her own right, notes
10or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
11by the U.S. department of veterans affairs or the federal housing administrator
12under the servicemen's readjustment act of 1944, the national housing act, or any
13acts supplementing or amending these acts. In connection with these transactions,
14the minors may sell, release, or convey the mortgaged property and litigate or settle
15controversies arising therefrom, including the execution of releases, deeds, and other
16necessary papers or instruments. The notes, mortgages, releases, deeds, and other
17necessary papers or instruments when so executed are not subject to avoidance by
18the minor or the husband or wife spouse of the minor upon either or both of them
19attaining the age of 18 because of the minority of either or both of them at the time
20of the execution thereof.
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