SB907: Bill Text

SB907,,429 115.76 (12) (a) 4. A male person who has been adjudicated the child’s father parent under subch. VIII of ch. 48, under subch. IX of ch. 767, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state.

SB907,196 Section 196. 115.76 (13) of the statutes is amended to read:

SB907,,431 115.76 (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.

SB907,197 Section 197. 146.0255 (2) of the statutes is amended to read:

SB907,,433 146.0255 (2) Testing. Any hospital employee who provides health care, social worker, or intake worker under ch. 48 may refer an infant or an expectant mother of a person pregnant with an unborn child, as defined in s. 48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother pregnant person for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker, or intake worker suspects that the infant or expectant mother pregnant person has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person because of the use of controlled substances or controlled substance analogs by the mother person who gave birth to the infant while she that person was pregnant with the infant or by the expectant mother pregnant person while she that person is pregnant with the unborn child. The physician may test the infant or expectant mother pregnant person to ascertain whether or not the infant or expectant mother pregnant person has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person because of the use of controlled substances or controlled substance analogs by the mother person who gave birth to the infant while she that person was pregnant with the infant or by the expectant mother pregnant person while she that person is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant’s bodily fluids, the physician shall report the occurrence of that condition in the infant to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the child and the child’s mother person who gave birth to the child as provided under s. 46.238. If the results of the test indicate that the expectant mother pregnant person does have controlled substances or controlled substance analogs in the expectant mother’s pregnant person’s bodily fluids, the physician may report the occurrence of that condition in the expectant mother pregnant person to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting unborn child abuse investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the unborn child and expectant mother pregnant person as provided under s. 46.238. Under this subsection, no physician may test an expectant mother a pregnant person without first receiving her that person’s informed consent to the testing.

SB907,198 Section 198. 146.0255 (3) (intro.) and (b) of the statutes are amended to read:

SB907,,435 146.0255 (3) Test results. (intro.) The physician who performs a test under sub. (2) shall provide the infant’s parents or guardian or the expectant mother pregnant person with all of the following information:

SB907,,436 (b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother a pregnant person may, be disclosed to an agency under sub. (2) if the test results are positive.

SB907,199 Section 199. 146.0257 (2) of the statutes is amended to read:

SB907,,438 146.0257 (2) Evaluation. If a hospital employee who provides health care, social worker, or intake worker under ch. 48 suspects that an infant has a fetal alcohol spectrum disorder, the hospital employee, social worker, or intake worker shall refer the infant to a physician for an evaluation to diagnose whether the infant has that disorder. If a physician determines that there is a serious risk that an infant has a fetal alcohol spectrum disorder, the physician shall evaluate the infant to diagnose whether the infant has that disorder. If a physician diagnoses that an infant has a fetal alcohol spectrum disorder, the physician shall report that diagnosis to the agency that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the infant and the infant’s mother person who gave birth to the infant as provided under s. 46.238.

SB907,200 Section 200. 146.34 (1) (f) of the statutes is amended to read:

SB907,,440 146.34 (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 parent of the minor. “Parent” does not include any person whose parental rights have been terminated.

SB907,201 Section 201. 146.817 (1) of the statutes is amended to read:

SB907,,442 146.817 (1) In this section, “fetal monitor tracing” means documentation of the heart tones of a fetus during labor and delivery of the mother of the fetus person giving birth that are recorded from an electronic fetal monitor machine.

SB907,202 Section 202. 157.05 of the statutes is amended to read:

SB907,,444 157.05 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.

SB907,203 Section 203. 182.004 (6) of the statutes is amended to read:

SB907,,446 182.004 (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.

SB907,204 Section 204. 250.04 (3) (a) of the statutes is amended to read:

SB907,,448 250.04 (3) (a) The department shall establish and maintain surveillance activities sufficient to detect any occurrence of acute, communicable, or chronic diseases and threat of occupational or environmental hazards, injuries, or changes in the health of mothers parents and children.

SB907,205 Section 205. 253.165 of the statutes is amended to read:

SB907,,450 253.165 Right to breast-feed breastfeed. A mother person may breast-feed her breastfeed a child in any public or private location where the mother person and child are otherwise authorized to be. In such a location, no person may prohibit a mother another person from breast-feeding her breastfeeding a child, direct a mother person to move to a different location to breast-feed her breastfeed a child, direct a mother person to cover her a child or breast while breast-feeding breastfeeding, or otherwise restrict a mother person from breast-feeding her breastfeeding a child as provided in this section.

SB907,206 Section 206. 301.01 (2) (cm) of the statutes is amended to read:

SB907,,452 301.01 (2) (cm) Any expectant mother parent held in custody under ss. 48.193 to 48.213.

SB907,207 Section 207. 301.12 (2) of the statutes is amended to read:

SB907,,454 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m), or 938.357 (1), (2m), (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 his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for 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.

SB907,208 Section 208. 301.50 (1) of the statutes is amended to read:

SB907,,456 301.50 (1) In this section, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

SB907,209 Section 209. 441.15 (4) of the statutes is amended to read:

SB907,,458 441.15 (4) A nurse-midwife who discovers evidence that any aspect of care involves any complication which jeopardizes the health or life of a newborn or mother a pregnant or postpartum person shall consult with the collaborating physician under sub. (2) (b) or the physician’s designee, or make a referral as specified in a written agreement under sub. (2) (b).

SB907,210 Section 210. 700.19 (2) of the statutes is amended to read:

SB907,,460 700.19 (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 married to each other, or are in fact husband and wife married to each other, 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.

SB907,211 Section 211. 705.01 (4) of the statutes is amended to read:

SB907,,462 705.01 (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.

SB907,212 Section 212. 705.01 (4m) of the statutes is amended to read:

SB907,,464 705.01 (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.

SB907,213 Section 213. 706.09 (1) (e) of the statutes is amended to read:

SB907,,466 706.09 (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, unmarried, or widowed 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.

SB907,214 Section 214. 757.69 (1) (g) 2. of the statutes is amended to read:

SB907,,468 757.69 (1) (g) 2. Order the release or detention of children or expectant mothers of persons pregnant with unborn children taken into custody.

SB907,215 Section 215. 757.69 (1) (g) 9. of the statutes is amended to read:

SB907,,470 757.69 (1) (g) 9. Conduct hearings under s. 48.213 or 48.217 and thereafter order an adult expectant mother parent of an unborn child to be held in or released from custody.

SB907,216 Section 216. 757.69 (1m) (d) of the statutes is amended to read:

SB907,,472 757.69 (1m) (d) Make changes in placements of children, of juveniles, or of the expectant mothers of persons pregnant with unborn children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125, in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13, or as permitted under sub. (1) (g) 6., 8., 9., and 15.

SB907,217 Section 217. 765.001 (2) of the statutes is amended to read:

SB907,,474 765.001 (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, 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.

SB907,218 Section 218. 765.01 of the statutes is amended to read:

SB907,,476 765.01 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 spouse to each other.

SB907,219 Section 219. 765.02 (3) of the statutes is created to read:

SB907,,478 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

SB907,220 Section 220. 765.03 (1) of the statutes is amended to read:

SB907,,480 765.03 (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 marriage may be contracted between first cousins where 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 that the 2 parties are otherwise permanently biologically incapable of producing a child together. 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.

SB907,221 Section 221. 765.12 (1) (a) of the statutes is amended to read:

SB907,,482 765.12 (1) (a) If ss. 765.02, 765.05, 765.08, and 765.09 are complied with, and if there is no prohibition against or legal objection to the marriage, the county clerk shall issue a marriage license. With each marriage license the county clerk shall provide information describing the causes and effects of fetal alcohol syndrome and the dangers to a fetus from the mother’s use of cocaine or other drugs by the pregnant person during pregnancy.

SB907,222 Section 222. 765.16 (1m) (intro.) of the statutes is amended to read:

SB907,,484 765.16 (1m) (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. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons:

SB907,223 Section 223. 765.16 (1m) (c) of the statutes is amended to read:

SB907,,486 765.16 (1m) (c) 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.

SB907,224 Section 224. 765.23 of the statutes is amended to read:

SB907,,488 765.23 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 more than 60 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 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife a married couple, 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 767.803.

SB907,225 Section 225. 765.24 of the statutes is amended to read:

SB907,,490 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or 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 a married couple, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or 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 the parties 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 a married couple 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 issue of any children born during such subsequent marriage shall be considered as the marital issue children of both parents parties.

SB907,226 Section 226. 765.30 (3) (a) of the statutes is amended to read:

SB907,,492 765.30 (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 competent adult witnesses as required under s. 765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 60 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person.

SB907,227 Section 227. 766.587 (7) (form) 9. of the statutes is amended to read:

SB907,,494 766.587 (7) (form) 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.

SB907,,496 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB907,,497 (Pursuant to Section 766.587, Wisconsin Statutes)

SB907,,498 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB907,,499 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.

SB907,,500 This agreement terminates on January 1, 1987.

SB907,,501 Signature .... Date ....

SB907,,502 Print Name Here: ....

SB907,,503 Address: ....

SB907,,504 Signature .... Date ....

SB907,,505 Print Name Here: ....

SB907,,506 Address: ....

SB907,,507 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

SB907,228 Section 228. 766.588 (9) (form) 13. of the statutes is amended to read:

SB907,,509 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED EFFECTIVENESS OF THIS AGREEMENT.

SB907,,510 Statutory terminable marital

SB907,,511 Property classification agreement

SB907,,512 (Pursuant to Section 766.588, Wisconsin Statutes)

SB907,,513 This agreement is entered into by .... and .... (husband and wife who are married) (who intend to marry) (strike one). The parties hereby classify all of the property owned by them when this agreement becomes effective, and property acquired during the term of this agreement, as marital property.

SB907,,514 One spouse may terminate this agreement at any time by giving signed notice of termination to the other spouse. Notice of termination by a spouse is given upon personal delivery or when sent by certified mail to the other spouse’s last-known address. The agreement terminates 30 days after such notice is given.

SB907,,515 The parties (have) (have not) (strike one) completed Schedule “A”, “Financial Disclosure”, attached to this agreement. If Schedule “A” has not been completed, the duration of this agreement is 3 years after both parties have signed the agreement. If Schedule “A” has been completed, the duration of this agreement is not limited to 3 years after it is signed.

SB907,,516 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3 YEARS, MAKE SURE SCHEDULE “A”, “FINANCIAL DISCLOSURE”, IS COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR SPOUSE DID NOT COMPLETE SCHEDULE “A”, YOU MAY NOT EXECUTE THIS AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A”.

SB907,,517 Signature of One Spouse: ....

SB907,,518 Date: ....