Amendment AA10-SB70

SB70-AA10,615 Section 615. 891.41 (1) (intro.) of the statutes is amended to read:

SB70-AA10,294,11 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

SB70-AA10,616 Section 616. 891.41 (1) (a) of the statutes is amended to read:

SB70-AA10,294,16 891.41 (1) (a) He The person and the child's established natural mother parent are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

SB70-AA10,617 Section 617. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

SB70-AA10,294,23 891.41 (1) (b) (intro.) He The person and the child's established natural mother parent were married to each other after the child was born but he the person and the child's established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

SB70-AA10,294,24 1. No person has been adjudicated to be the father or.

SB70-AA10,295,2 2. No other person is presumed to be the father parent of the child under par. (a).

SB70-AA10,618 Section 618. 891.41 (2) of the statutes is amended to read:

SB70-AA10,295,10 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70-AA10,619 Section 619. 891.41 (3) of the statutes is created to read:

SB70-AA10,295,13 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

SB70-AA10,620 Section 620. 905.05 (title) of the statutes is amended to read:

SB70-AA10,295,15 905.05 (title) Husband-wife Spousal and domestic partner privilege.

SB70-AA10,621 Section 621. 938.02 (13) of the statutes is amended to read:

SB70-AA10,296,11 938.02 (13) “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 juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

SB70-AA10,622 Section 622. 938.396 (2g) (g) of the statutes is amended to read:

SB70-AA10,296,24 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity parentage of a juvenile for the purpose of determining the paternity parentage of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405, 891.407, or the presumption of parentage under s. 891.405 or 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity parentage of the juvenile or disclose to the requester those records.

SB70-AA10,623 Section 623. 943.20 (2) (c) of the statutes is amended to read:

SB70-AA10,297,3 943.20 (2) (c) “Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

SB70-AA10,624 Section 624. 943.201 (1) (b) 8. of the statutes is amended to read:

SB70-AA10,297,6 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent before marriage if the surname was changed as a result of marriage.

SB70-AA10,625 Section 625. 943.205 (2) (b) of the statutes is amended to read:

SB70-AA10,297,10 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

SB70-AA10,626 Section 626. 990.01 (22h) of the statutes is created to read:

SB70-AA10,297,14 990.01 (22h) Natural parent. “Natural parent" means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

SB70-AA10,627 Section 627. 990.01 (39) of the statutes is created to read:

SB70-AA10,297,17 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

SB70-AA10,628 Section 628. 990.01 (40m) of the statutes is created to read:

SB70-AA10,297,20 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

SB70-AA10,9151 Section 9151. Nonstatutory provisions; Other.

SB70-AA10,299,13 (1) Legislative intent. The legislature intends the repeal of ss. 49.141 (1) (j) 2., 102.51 (1) (a) 2., 115.76 (12) (a) 2. and 3., and 769.401 (2) (g), the renumbering and amendment of ss. 891.40 (1) and 891.41 (1) (b), the amendment of ss. 29.219 (4), 29.228 (5) and (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 45.01 (6) (c), 45.51 (3) (c) 2. and (5) (a) 1. b. and c., 45.55, 46.10 (2), 48.02 (13), 48.025 (title), (2) (b), and (3) (c), 48.27 (3) (b) 1. a. and b. and (5), 48.299 (6) (intro.) and (e) 1., 2., 3., and 4. and (7), 48.355 (4g) (a) 1., 48.396 (2) (dm), 48.42 (1g) (a) 4., (b), and (c) and (2) (b) 1. and 2. and (bm) 1., 48.422 (6) (a) and (7) (bm) and (br), 48.423 (2) (d), 48.432 (1) (am) 2. b., 48.63 (3) (b) 4. and 5., 48.82 (1) (a), 48.837 (1r) (d) and (e) and (6) (b) and (br), 48.913 (1) (a), (b), and (h), (2) (intro.), (b), and (c) (intro.), (3), (4), and (7), 48.9795 (1) (a) 1. c. and (b), 49.141 (1) (j) 1., 49.155 (1m) (c) 1g. and 1h., 49.163 (2) (am) 2., 49.19 (1) (a) 2. a. and (4) (d) (intro.), 1., 2., 3., 4., and 5., 49.345 (2), 49.43 (12), 49.471 (1) (b) 2., 49.90 (4), 54.01 (36) (a), 54.960 (1), 69.03 (15), 69.11 (4) (b), 69.12 (5), 69.13 (2) (b) 4., 69.14 (1) (c) 4., (e) (title) and 1., (f) 1., and (g) and (2) (b) 2. d., 69.15 (1), (3) (title), (a) (intro.), 1., 2., and 3., (b) 1., 2., 3., and 4. (intro.), a., and b., and (d), and (3m) (title), (a) (intro.) and 3., and (b), 71.03 (2) (d) (title), 1., 2., and 3., (g), and (m) 2. and (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3. and (9e) (b), 71.09 (13) (a) 2., 71.52 (4), 71.83 (1) (a) 8. and (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m), 102.07 (5) (b) and (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3., 111.32 (12), 115.76 (12) (a) 1. and (13), 146.34 (1) (f), 157.05, 182.004 (6), 250.04 (3) (a), 301.50 (1), 700.19 (2), 705.01 (4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (1m) (intro.) and (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form) 9., 766.588 (9) (form) 13., 766.589 (10) (form) 14., 767.215 (2) (b) and (5) (a) 2., 767.323, 767.80 (1) (intro.) and (c) and (2), 767.803, 767.804 (1) (a) 4., 767.805 (title), (1), (1m), (2) (a) and (b), (3) (title) and (a), (4) (intro.) and (d), (5) (a) and (b), and (6) (a) (intro.), 767.855, 767.863 (1m), 767.87 (1m) (intro.), (8), and (9), 767.883 (1), 769.316 (9), 769.401 (2) (a), 815.20 (1), 822.40 (4), 851.30 (2) (a), 852.01 (1) (f) 1., 2., and 3., 854.03 (3), 891.39 (title), (1) (a) and (b), and (3), 891.40 (2), 891.405, 891.407, 891.41 (title), (1) (intro.) and (a), and (2), 905.05 (title), 938.02 (13), 938.396 (2g) (g), 943.20 (2) (c), 943.201 (1) (b) 8., and 943.205 (2) (b), and the creation of ss. 69.15 (3) (b) 3m., 765.02 (3), 891.40 (1) (b) and (3), 891.41 (3), and 990.01 (22h), (39), and (40m) to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of paternity to either parent, the Wisconsin statutes will be better aligned 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.”.

SB70-AA10,299,14 285. Page 374, line 11: after that line insert:

SB70-AA10,299,15 “ Section 629. 341.085 (1) of the statutes is amended to read:

SB70-AA10,299,19 341.085 (1) The department shall inspect all ambulances prior to issuing an original or renewal registration to determine that the vehicles meet requirements specified by law or administrative rule as to specifications, medical equipment, supplies, and sanitation.

SB70-AA10,630 Section 630. 341.085 (1m) of the statutes is created to read:

SB70-AA10,299,24 341.085 (1m) Prior to the department issuing an original or renewal registration for an ambulance under sub. (1), the department of health services shall inspect the ambulance to determine whether the vehicle meets requirements specified by law or administrative rule as to medical equipment.

SB70-AA10,631 Section 631. 341.085 (2) of the statutes is amended to read:

SB70-AA10,300,7 341.085 (2) The department may adopt rules necessary for administration of this section and prescribe ambulance service equipment and standards therefor, except that any ambulance which does not conform to rules adopted by the department may be used until December 30, 1979. The department of health services may adopt rules necessary to administer sub. (1m) and establish ambulance medical equipment standards.”.

SB70-AA10,300,8 286. Page 374, line 11: after that line insert:

SB70-AA10,300,9 “ Section 632. 20.395 (2) (fw) of the statutes is created to read:

SB70-AA10,300,15 20.395 (2) (fw) Local transportation facility improvement assistance, state funds. As a continuing appropriation, the amounts in the schedule for providing public access roads to navigable waters and for the purposes of ss. 84.27 and 84.28 and for improving transportation facilities, including facilities funded under applicable federal acts or programs, that are not state trunk or connecting highways, for such purposes.”.

SB70-AA10,300,16 287. Page 374, line 11: after that line insert:

SB70-AA10,300,17 “ Section 633. 343.17 (3) (d) 1g. of the statutes is amended to read:

SB70-AA10,301,4 343.17 (3) (d) 1g. “F" endorsement, which authorizes a seasonal employee of a farm service industry employer who is eligible for a restricted commercial driver license under applicable federal law or regulation to operate “Class B" and “Class C" vehicles as described in s. 343.04 (1) (b) and (c) for a seasonal period not to exceed 180 210 days in any calendar year. This endorsement permits the transporting of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less, solid fertilizers that are not transported with any organic substance or 1,000 gallons or less of diesel fuel, but no combination of these materials. The endorsement does not permit operation of a commercial motor vehicle beyond 150 miles of the farm service industry employer's place of business or, in the case of custom harvesters, the farm currently being served.”.

SB70-AA10,301,5 288. Page 374, line 11: after that line insert:

SB70-AA10,301,6 “ Section 634. 347.50 (2m) (a) of the statutes is amended to read:

SB70-AA10,301,9 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) shall be required to forfeit $10 $25.”.

SB70-AA10,301,10 289. Page 374, line 11: after that line insert:

SB70-AA10,301,11 “ Section 635. 343.301 (1g) (a) 2. a. of the statutes is amended to read:

SB70-AA10,301,13 343.301 (1g) (a) 2. a. The person had an offense involved the use of alcohol concentration of 0.15 or more at the time of the offense.

SB70-AA10,9344 Section 9344. Initial applicability; Transportation.

SB70-AA10,301,17 (1) Ignition interlock device requirement expansion. The treatment of s. 343.301 (1g) (a) 2. a. first applies to violations committed on the effective date of this subsection.”.

SB70-AA10,301,18 290. Page 374, line 11: after that line insert:

SB70-AA10,301,19 “ Section 636. 343.06 (1) (c) of the statutes is amended to read:

SB70-AA10,302,20 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of “Class M" vehicles unless the person has successfully completed a basic rider course approved by the Wisconsin department of transportation motorcycle safety program. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (a) 5., (bm), and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

SB70-AA10,637 Section 637. 343.085 (2m) (b) 2. of the statutes is amended to read:

SB70-AA10,303,2 343.085 (2m) (b) 2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address, or if the person has requested electronic notification in the manner prescribed by the department, by any electronic means offered by the department.

SB70-AA10,638 Section 638. 343.14 (3) of the statutes is amended to read:

SB70-AA10,303,11 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (c), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except as provided in sub. (3m) and s. 343.16 (3) (c), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (c) and 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).

SB70-AA10,639 Section 639. 343.16 (1) (a) 1. of the statutes is amended to read:

SB70-AA10,303,18 343.16 (1) (a) 1. Except as provided in subd. 5. and when examination by an authorized 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit.

SB70-AA10,640 Section 640. 343.16 (1) (a) 2. a. of the statutes is amended to read:

SB70-AA10,303,25 343.16 (1) (a) 2. a. Except as provided in par. (cm) and sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of “Class A", “Class B", “Class C", “Class D" or “Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle.

SB70-AA10,641 Section 641. 343.16 (1) (a) 5. of the statutes is created to read:

SB70-AA10,304,3 343.16 (1) (a) 5. The department may waive the driving skills test of an individual applying for an operator's license if all of the following apply:

SB70-AA10,304,4 a. The applicant is under 18 years of age.

SB70-AA10,304,5 b. The application is for authorization to operate only “Class D" vehicles.

SB70-AA10,304,14 c. The applicant has satisfactorily completed a course in driver education in a public school approved by the department of public instruction, or in a technical college approved by the technical college system board, or in a nonpublic and private school or tribal school, as defined in s. 115.001 (15m), that meets the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state.

SB70-AA10,304,16 d. An adult sponsor who has signed for the applicant under s. 343.15 (1) consents to a waiver of the driving skills test.

SB70-AA10,642 Section 642. 343.16 (3) (a) of the statutes is amended to read:

SB70-AA10,305,8 343.16 (3) (a) Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. Subject to par. pars. (am) and (c), the examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

SB70-AA10,643 Section 643. 343.16 (3) (c) of the statutes is created to read:

SB70-AA10,305,12 343.16 (3) (c) 1. An applicant for the renewal of an operator's license may apply for the license, and the department may issue the license, by any electronic means offered by the department if all of the following apply:

SB70-AA10,305,14 a. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

SB70-AA10,305,16 b. The applicant satisfies any eligibility criteria established by the department under subd. 2.

SB70-AA10,305,18 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

SB70-AA10,305,20 3. a. The department may renew a license under this paragraph without a test of eyesight.

SB70-AA10,305,23 b. Subject to s. 343.165 (7), the department may renew a license under this paragraph without a photograph being taken if the department is able to produce a photograph of the applicant from its records.

SB70-AA10,305,25 4. The department may not make consecutive renewals of an operator's license by electronic means.

SB70-AA10,644 Section 644. 343.305 (8) (b) 7. of the statutes is amended to read:

SB70-AA10,306,10 343.305 (8) (b) 7. The hearing examiner shall notify the person in writing of the hearing decision, of the right to judicial review and of the court's authority to issue a stay of the suspension under par. (c). If the person has requested electronic communication in the manner prescribed by the department, the hearing examiner may provide the notice under this subdivision by any electronic means offered by the department. The administrative suspension is vacated and the person's operating privilege shall be automatically reinstated under s. 343.39 if the hearing examiner fails to mail or provide this notice in the manner specified under this subdivision to the person within 30 days after the date of the notification under par. (a).

SB70-AA10,645 Section 645. 343.315 (4) of the statutes is amended to read:

SB70-AA10,306,19 343.315 (4) Notification and commencement. The Except as provided in this section, the department shall send the a notice of disqualification under this section by 1st class mail to a person's last-known residence address. If a person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of disqualification by any electronic means offered by the department. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under sub. (2) (g).

SB70-AA10,646 Section 646. 343.44 (3) of the statutes is amended to read:

SB70-AA10,307,8 343.44 (3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension, or disqualification mailed by 1st class mail to such person's last-known address shall not be provided as authorized by the statutes is not a defense to the charge of driving after revocation, suspension , or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension, or disqualification shall not be mailed as authorized by the statutes is not a defense to the charge of driving after revocation, suspension or disqualification. If a person has requested electronic notification in the manner prescribed by the department and the person has changed the electronic contact information provided to the department without informing the department, failure to receive notice of revocation, suspension, or disqualification is not a defense to the charge of driving after revocation, suspension, or disqualification.

SB70-AA10,647 Section 647. 344.02 (1) of the statutes is amended to read:

SB70-AA10,308,2 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of suspension or impoundment will be made if such the security is not deposited, it the department shall afford the person so notified subject to the proposed action an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of suspension if postponement has been granted under s. 344.14 (1). Upon Except as provided under this section, upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof of the time and place of the hearing to such the person by regular mail. If the person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of the time and place of the hearing by any electronic means offered by the department. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

SB70-AA10,648 Section 648. 344.13 (2) of the statutes is amended to read: