AB337: Bill Text

AB337,29,9 69.14 (1) (f) 1. a. Except as provided under subd. 1. b., if the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother and father of the registrant and her spouse enter for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB337,29,18 b. If the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which that the parent of the registrant with actual custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB337,30,2 c. If the mother of a registrant of a birth record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother of the registrant enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB337,81 Section 81 . 69.14 (1) (g) of the statutes is amended to read:

AB337,30,10 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth record under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband spouse of the woman person inseminated shall be considered the father a parent of the registrant on the birth record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the information about the father of the registrant shall be omitted from the registrant's birth record.

AB337,82 Section 82 . 69.14 (2) (b) 2. d. of the statutes is amended to read:

AB337,30,15 69.14 (2) (b) 2. d. The full name of the father or the mother's spouse, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under s. 69.15 (3).

AB337,83 Section 83 . 69.15 (1) of the statutes is amended to read:

AB337,30,21 69.15 (1) Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band, or nation if all of the following occur:

AB337,30,23 (a) The order provides for an adoption, name change, or name change with sex change or establishes paternity; and or parentage.

AB337,31,3 (b) A clerk of court or, for a paternity or parentage action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

AB337,84 Section 84 . 69.15 (3) (title), (a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro), a. and b. of the statutes are amended to read:

AB337,31,9 69.15 (3) (title) Paternity Parentage. (a) (intro.) If the state registrar receives an order under sub. (1) which establishes paternity or determines that the man person whose name appears on a registrant's birth record is not the father parent of the registrant, the state registrar shall do the following, as appropriate:

AB337,31,13 1. Prepare under sub. (6) a new record omitting the father's parent's name if the order determines that the man person whose name appears on a registrant's birth record is not the father parent of the registrant and if there is no adjudicated father.

AB337,31,16 2. Prepare under sub. (6) a new record for the subject of a paternity action changing the name of the father parent if the name of the adjudicated father is different than the name of the man person on the birth record.

AB337,31,19 3. Except as provided under subd. 4., insert the name of the adjudicated father on the original birth record if the name of the father that parent was omitted on the original record.

AB337,32,3 (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the manner prescribed by the state registrar and signed by both of the birth natural parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents' marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband spouse of the person who gave birth from the marriage record as the father parent if the name of the father that parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

AB337,32,8 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity parentage has been signed, the state registrar shall insert the name of the father parent under subd. 1. upon receipt of a court order determining that the husband spouse was the father parent of the child.

AB337,32,19 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father parent under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB337,32,24 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity parentage under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

AB337,33,2 a. The mother of the parent who gave birth to the registrant, except as provided under subd. 4. b. and c.

AB337,33,4 b. The father of natural parent who did not give birth to the registrant if the father that parent has legal custody of the registrant.

AB337,85 Section 85 . 69.15 (3) (b) 3m. of the statutes is created to read:

AB337,33,12 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives an acknowledgement of parentage on a form prescribed by the state registrar and signed by both of the people presumed to be natural parents under s. 891.41 (1) (b), 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 spouse from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

AB337,86 Section 86 . 69.15 (3) (d) of the statutes is amended to read:

AB337,33,16 69.15 (3) (d) The method prescribed by the state registrar for acknowledging paternity parentage shall require that the social security number of each of the registrant's parents be provided.

AB337,87 Section 87 . 69.15 (3m) (title), (a) (intro.) and 3. and (b) of the statutes are amended to read:

AB337,33,22 69.15 (3m) (title) Rescission of statement acknowledging paternity parentage. (a) (intro.) A statement acknowledging paternity parentage that is filed with the state registrar under sub. (3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:

AB337,34,2 3. The person rescinding the statement files a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man person who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB337,34,6 (b) If the state registrar, within the time required under par. (a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting the father's parent's name if it was inserted under sub. (3) (b).

AB337,88 Section 88 . 71.03 (2) (d) (title) of the statutes is amended to read:

AB337,34,8 71.03 (2) (d) (title) Husband and wife Spouses joint filing.

AB337,89 Section 89 . 71.03 (2) (d) 1. of the statutes is amended to read:

AB337,34,12 71.03 (2) (d) 1. Except as provided in subds. 2. and 3. and par. (e), a husband and a wife spouses may file a joint return for income tax purposes even though one of the spouses has no gross income or no deductions.

AB337,90 Section 90 . 71.03 (2) (d) 2. of the statutes is amended to read:

AB337,34,17 71.03 (2) (d) 2. No joint return may be filed if either the husband or wife spouse at any time during the taxable year is a nonresident alien, unless an election is in effect for the taxable year under section 6013 (g) or (h) of the internal revenue code Internal Revenue Code.

AB337,91 Section 91 . 71.03 (2) (d) 3. of the statutes is amended to read:

AB337,34,25 71.03 (2) (d) 3. No joint return may be filed if the husband and wife spouses have different taxable years, except that if their taxable years begin on the same day and end on different days because of the death of either or both the joint return may be filed with respect to the taxable year of each unless the surviving spouse remarries before the close of his or her taxable year or unless the taxable year of either spouse is a fractional part of a year under section 443 (a) (1) of the internal revenue code Internal Revenue Code.

AB337,92 Section 92. 71.03 (2) (g) of the statutes is amended to read:

AB337,35,16 71.03 (2) (g) Joint return following separate return. Except as provided in par. (i), if an individual has filed a separate return for a taxable year for which a joint return could have been filed by the individual and the individual's spouse under par. (d) or (e) and the time prescribed by law for timely filing the return for that taxable year has expired, the individual and the individual's spouse may file a joint return for that taxable year. A joint return filed by the husband and wife spouses under this paragraph is their return for that taxable year, and all payments, credits, refunds or other repayments made or allowed with respect to the separate return of each spouse for that taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is filed under this paragraph, any election, other than the election to file a separate return, made by either spouse in that spouse's separate return for that taxable year with respect to the treatment of any income, deduction or credit of that spouse may not be changed in the filing of the joint return if that election would have been irrevocable if the joint return had not been filed.

AB337,93 Section 93 . 71.03 (2) (m) 2. of the statutes is amended to read:

AB337,35,21 71.03 (2) (m) 2. If a husband and wife spouses change from a joint return to separate returns within the time prescribed in subd. 1., the tax paid on the joint return shall be allocated between them in proportion to the tax liability shown on each separate return.

AB337,94 Section 94 . 71.03 (4) (a) of the statutes is amended to read:

AB337,36,7 71.03 (4) (a) Natural persons whose total income is not in excess of $10,000 and consists entirely of wages subject to withholding for Wisconsin tax purposes and not more than $200 total of dividends, interest and other wages not subject to Wisconsin withholding, and who have elected the Wisconsin standard deduction and have not claimed either the credit for homestead property tax relief or deductions for expenses incurred in earning such income, shall, at their election, not be required to record on their income tax returns the amount of the tax imposed on their Wisconsin taxable income. Married persons shall be permitted this election only if the joint income of the husband and wife spouses does not exceed $10,000, if both report their incomes on the same joint income tax return form, and if both make this election.

AB337,95 Section 95. 71.05 (22) (a) (title) of the statutes is amended to read:

AB337,36,10 71.05 (22) (a) (title) Election of deductions; husband and wife spousal deductions.

AB337,96 Section 96. 71.07 (5m) (a) 3. of the statutes is amended to read:

AB337,36,13 71.07 (5m) (a) 3. “Household" means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB337,97 Section 97 . 71.07 (9e) (b) of the statutes is amended to read:

AB337,36,18 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.

AB337,98 Section 98. 71.09 (13) (a) 2. of the statutes is amended to read:

AB337,37,2 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 each spouse's proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.

AB337,99 Section 99 . 71.52 (4) of the statutes is amended to read:

AB337,37,5 71.52 (4) “Household" means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB337,100 Section 100 . 71.83 (1) (a) 8. of the statutes is amended to read:

AB337,37,13 71.83 (1) (a) 8. `Joint return replacing separate returns.' If the amount shown as the tax by the husband and wife spouses 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 percent of the total amount of that excess shall be added to the tax.

AB337,101 Section 101 . 71.83 (1) (b) 5. of the statutes is amended to read:

AB337,37,20 71.83 (1) (b) 5. `Joint return after separate returns.' If the amount shown as the tax by the husband and wife spouses 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 percent of the total amount of that excess shall be added to the tax.

AB337,102 Section 102 . 77.25 (8m) of the statutes is amended to read:

AB337,37,22 77.25 (8m) Between husband and wife spouses.

AB337,103 Section 103 . 77.54 (7) (b) 1. of the statutes is amended to read:

AB337,38,2 77.54 (7) (b) 1. The item is transferred to a child, spouse, parent, father-in-law, mother-in-law parent-in-law, daughter-in-law , or son-in-law of the transferor or, if the item is a motor vehicle, from the transferor to a corporation owned solely by the transferor or by the transferor's spouse.

AB337,104 Section 104 . 101.91 (5m) of the statutes is amended to read:

AB337,38,9 101.91 (5m) “Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister parents, children, or siblings of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

AB337,105 Section 105 . 102.07 (5) (b) of the statutes is amended to read:

AB337,38,13 102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of a farmer shall not be deemed the farmer's employees.

AB337,106 Section 106 . 102.07 (5) (c) of the statutes is amended to read:

AB337,38,21 102.07 (5) (c) A shareholder-employee of a family farm corporation shall be deemed a “farmer" for purposes of this chapter and shall not be deemed an employee of a farmer. A “family farm corporation" means a corporation engaged in farming all of whose shareholders are related as lineal ancestors or lineal descendants, whether by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law parents-in-law, brothers-in-law, or sisters-in-law of such lineal ancestors or lineal descendants.

AB337,107 Section 107. 102.51 (1) (a) 1. of the statutes is amended to read:

AB337,38,24 102.51 (1) (a) 1. A wife married person upon a husband his or her spouse with whom he or she is living at the time of his the spouse's death.

AB337,108 Section 108. 102.51 (1) (a) 2. of the statutes is repealed.

AB337,109 Section 109. 103.10 (1) (h) of the statutes is amended to read:

AB337,39,3 103.10 (1) (h) “Spouse" means an employee's legal husband or wife the person to whom an employee is legally married.

AB337,110 Section 110 . 103.165 (3) (a) 3. of the statutes is amended to read:

AB337,39,6 103.165 (3) (a) 3. The decedent's father or mother parent or parents if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

AB337,111 Section 111. 111.32 (12) of the statutes is amended to read:

AB337,39,9 111.32 (12) “Marital status" means the status of being married, single, divorced, separated, or widowed a surviving spouse.

AB337,112 Section 112 . 115.76 (12) (a) 1. of the statutes is amended to read:

AB337,39,11 115.76 (12) (a) 1. A biological natural parent.

AB337,113 Section 113 . 115.76 (12) (a) 2. of the statutes is repealed.

AB337,114 Section 114 . 115.76 (12) (a) 3. of the statutes is repealed.

AB337,115 Section 115 . 115.76 (13) of the statutes is amended to read:

AB337,39,21 115.76 (13) “Person acting as a parent of a child" means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological natural or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological natural or adoptive parents or guardian. “Person acting as a parent of a child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.

AB337,116 Section 116. 146.34 (1) (f) of the statutes is amended to read:

AB337,40,3 146.34 (1) (f) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife 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. 767.803, “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.

AB337,117 Section 117. 157.05 of the statutes is amended to read:

AB337,40,11 157.05 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 parent, spouse, child, guardian, next of kin, domestic partner under ch. 770, 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.

AB337,118 Section 118. 182.004 (6) of the statutes is amended to read:

AB337,40,18 182.004 (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.