AB314: Bill Text

AB314,147 Section 147. 69.03 (14) of the statutes is amended to read:

AB314,62,13 69.03 (14) Provide hospitals with a pamphlet containing information for parents about birth records, including how to add the name of the father other parent of a child whose parents were not married at any time from the conception to the birth of the child to the birth record under s. 69.15 (3) (b) or, if the father other parent will not sign an affidavit, through a paternity parentage action; the legal significance and future medical advantages to the child of having the father’s other parent’s name inserted on the birth record; and the availability of services under s. 49.22.

AB314,148 Section 148. 69.03 (15) of the statutes is amended to read:

AB314,62,18 69.03 (15) Periodically provide to each county child support agency under s. 59.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants who reside in that county for whom no father’s only one parent’s name has been inserted on the registrant’s birth record within 6 months of birth.

AB314,149 Section 149. 69.11 (4) (b) of the statutes is amended to read:

AB314,63,10 69.11 (4) (b) The state registrar may amend an item on a birth record that affects information about the name, sex, date of birth, place of birth, parent’s name, or parent’s marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth record, if the amendment is at the request of a person with a direct and tangible interest in the record and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth record may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth record. This paragraph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a parent named on the birth record, or to effect a name change prohibited under s. 301.47.

AB314,150 Section 150. 69.12 (5) of the statutes is amended to read:

AB314,63,16 69.12 (5) A change in the marital status on the record of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the birth record. This section may not be used to add or delete the name of a parent on the record of birth or change the identity of either parent named on the birth record.

AB314,151 Section 151. 69.13 (intro.) of the statutes is amended to read:

AB314,63,22 69.13 Correction of facts misrepresented by informant for record of birth. (intro.) The state registrar may, under an order issued by the circuit court of the county in which a birth occurred, correct information about the parent or the marital status of the mother person who gave birth on a record of birth that is registered in this state if all of the following conditions apply:

AB314,152 Section 152. 69.13 (2) (b) 4. of the statutes is amended to read:

AB314,64,6 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, divorce or annulment record, or a final divorce decree that indicates that the mother person who gave birth to the child was not married to the person listed as his or her husband spouse at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

AB314,153 Section 153. 69.14 (1) (c) 4. of the statutes is amended to read:

AB314,64,11 69.14 (1) (c) 4. In the absence of a person under subds. 1. to 3., the father or mother parent, parent’s spouse, or, in the absence of the father the parent or parent’s spouse and the inability of the mother person who gave birth to the child, the person responsible for the premises where the birth occurs.

AB314,154 Section 154. 69.14 (1) (cm) of the statutes is amended to read:

AB314,65,4 69.14 (1) (cm) Information concerning paternity parentage. For a birth which occurs en route to or at a hospital, the filing party shall give the mother person who gave birth a copy of the pamphlet under s. 69.03 (14). If the child’s parents are not married at the time of the child’s birth, the filing party shall give the mother person who gave birth a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child’s available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity parentage, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother person who gave birth provides a completed form to the filing party while she the person is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. The department of children and families shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child’s birth.

AB314,155 Section 155. 69.14 (1) (e) of the statutes is amended to read:

AB314,65,11 69.14 (1) (e) Father’s Other parent’s name. 1. If the mother of person who gave birth to a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband spouse of the mother person who gave birth shall be entered on the birth record as the a legal father parent of the registrant. The name of the father parent entered under this subdivision may not be changed except by a proceeding under ch. 48 or 767.

AB314,65,17 2. If the mother person who gave birth was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father parent of the registrant may be entered as the father a parent on the birth record except as provided under s. 69.15 (3). If under this subdivision the name of the father a parent of the registrant of a birth record is omitted from the record, no other information about the father parent may be entered on the record.

AB314,156 Section 156. 69.14 (1) (f) 1. of the statutes is amended to read:

AB314,66,2 69.14 (1) (f) 1. a. Except as provided under subd. 1. b., if the mother of person who gave birth to 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 parents of the registrant enter for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB314,66,12 b. If the mother parents of a registrant of a birth record under this section is are married to the father of the registrant each other at any time from the conception to the birth of the registrant and the mother is are 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.

AB314,66,21 c. If the mother of person who gave birth to 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 person who gave birth to 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.

AB314,157 Section 157. 69.14 (1) (g) of the statutes is amended to read:

AB314,67,6 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 who gave birth to the registrant 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.

AB314,158 Section 158. 69.14 (1) (h) of the statutes is amended to read:

AB314,67,17 69.14 (1) (h) If the registrant of a birth record under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth record and the information about the father a second parent shall be omitted from the birth record. If After a court determines parental rights over the registrant, the clerk of court shall report the court’s determination to the state registrar on a form prescribed by the state registrar, along with the fee required under s. 69.22. Upon receipt of the report, the state registrar shall prepare and register a new birth record for the registrant under s. 69.15 (6) and send notice of the new record to the local registrar who filed the original record. Upon receipt of the notice, the local registrar shall destroy his or her copy of the replaced record.

AB314,159 Section 159. 69.14 (2) (b) 2. c. and d. of the statutes are amended to read:

AB314,67,20 69.14 (2) (b) 2. c. The full maiden birth name of the mother person who gave birth.

AB314,68,2 d. The full birth name of the father other parent of the registrant, except that if the mother was parents were not married to each other at the time of conception or birth or between conception and birth of the registrant, the name of the father other parent may not be entered except as provided under s. 69.15 (3).

AB314,160 Section 160. 69.15 (1) of the statutes is amended to read:

AB314,68,8 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:

AB314,68,10 (a) The order provides for an adoption, name change, or name change with sex change or establishes paternity; and parentage.

AB314,68,15 (b) A clerk of court or, for a paternity 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.

AB314,161 Section 161. 69.15 (3) (title) of the statutes is repealed and recreated to read:

AB314,68,17 69.15 (3) (title) Parentage.

AB314,162 Section 162. 69.15 (3) (a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.), a. and b. of the statutes are amended to read:

AB314,69,2 69.15 (3) (a) (intro.) If the state registrar receives an order under sub. (1) that establishes paternity parentage or determines that the man a person whose name appears on a registrant’s birth record is not the father a parent of the registrant, or a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity parentage, the state registrar shall do the following, as appropriate:

AB314,69,6 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 a parent of the registrant and if there is no other adjudicated father parent.

AB314,69,9 2. Prepare under sub. (6) a new record for the subject of a paternity parentage action changing the name of the father parent if the name of the adjudicated father is different than the name of the man parent does not appear on the birth record.

AB314,69,12 3. Except as provided under subd. 4., insert the name of the adjudicated or conclusively determined father parent on the original birth record if the name of the father that parent was omitted on the original record.

AB314,69,21 (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 other parent if the name of the father the other parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

AB314,70,3 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.

AB314,70,14 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).

AB314,70,19 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:

AB314,70,21 a. The mother of the parent who gave birth to the registrant, except as provided under subd. 4. b. and c.

AB314,70,23 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.

AB314,163 Section 163. 69.15 (3) (b) 3m. of the statutes is created to read:

AB314,71,8 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 of the person who gave birth from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

AB314,164 Section 164. 69.15 (3m) (title) of the statutes is amended to read:

AB314,71,11 69.15 (3m) (title) Rescission of statement acknowledging paternity parentage.

AB314,165 Section 165. 69.15 (3m) (a) 3. and (b) of the statutes are amended to read:

AB314,71,17 69.15 (3m) (a) 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.

AB314,71,21 (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).

AB314,166 Section 166. 69.18 (1) (e) 1. (intro.) of the statutes is amended to read:

AB314,72,4 69.18 (1) (e) 1. (intro.) If a death is a miscarriage and 20 weeks or more have elapsed between the mother’s last normal menstrual period of the person who was pregnant and delivery or the stillbirth weighs 350 grams or more, one of the following shall submit, within 5 days after delivery, a fetal death report to the state registrar:

AB314,167 Section 167. 69.20 (2) (b) of the statutes is amended to read:

AB314,72,12 69.20 (2) (b) Except as provided under sub. (3), the state registrar and local registrars may not permit inspection of or disclose information contained in any record of a birth which that occurred after September 30, 1907, if the mother of person who gave birth to the subject of the record was not married at any time from the conception to the birth of the subject of the record, unless the inspection is by or the information is disclosed to a person who has a direct and tangible interest in such record.

AB314,168 Section 168. 71.03 (2) (d) (title) of the statutes is amended to read:

AB314,72,14 71.03 (2) (d) (title) Husband and wife Spouses joint filing.

AB314,169 Section 169. 71.03 (2) (d) 1. of the statutes is amended to read:

AB314,72,18 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.

AB314,170 Section 170. 71.03 (2) (d) 2. of the statutes is amended to read:

AB314,72,23 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.

AB314,171 Section 171. 71.03 (2) (d) 3. of the statutes is amended to read:

AB314,73,8 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.

AB314,172 Section 172. 71.03 (2) (g) of the statutes is amended to read:

AB314,74,2 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.

AB314,173 Section 173. 71.03 (2) (m) 2. of the statutes is amended to read:

AB314,74,7 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.

AB314,174 Section 174. 71.03 (4) (a) of the statutes is amended to read:

AB314,74,19 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.

AB314,175 Section 175. 71.05 (22) (a) (title) of the statutes is amended to read:

AB314,74,22 71.05 (22) (a) (title) Election of deductions; husband and wife spousal deductions.

AB314,176 Section 176. 71.07 (5m) (a) 3. of the statutes is amended to read:

AB314,75,2 71.07 (5m) (a) 3. “Household” means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB314,177 Section 177. 71.07 (9e) (b) of the statutes is amended to read:

AB314,75,8 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.

AB314,178 Section 178. 71.09 (13) (a) 2. of the statutes is amended to read:

AB314,75,17 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.

AB314,179 Section 179. 71.52 (4) of the statutes is amended to read:

AB314,75,20 71.52 (4) “Household” means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB314,180 Section 180. 71.83 (1) (a) 8. of the statutes is amended to read:

AB314,76,5 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.

AB314,181 Section 181. 71.83 (1) (b) 5. of the statutes is amended to read:

AB314,76,12 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.

AB314,182 Section 182. 77.25 (8m) of the statutes is amended to read:

AB314,76,14 77.25 (8m) Between husband and wife spouses.

AB314,183 Section 183. 77.54 (7) (b) 1. of the statutes is amended to read: