Amendment AA10-SB70

SB70-AA10,605 Section 605. 891.39 (1) (a) of the statutes is amended to read:

SB70-AA10,291,10 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse 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 constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70-AA10,606 Section 606. 891.39 (1) (b) of the statutes is amended to read:

SB70-AA10,291,19 891.39 (1) (b) In actions affecting the family , in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB70-AA10,607 Section 607. 891.39 (3) of the statutes is amended to read:

SB70-AA10,292,2 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

SB70-AA10,608 Section 608. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

SB70-AA10,292,11 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse's consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife. The by the inseminated person.

SB70-AA10,292,18 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband's spouse's consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

SB70-AA10,292,20 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

SB70-AA10,292,22 3. Notwithstanding subd. 1., the physician's or spouses' failure to file the consent form does not affect the legal status of father natural parent and child.

SB70-AA10,293,2 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

SB70-AA10,609 Section 609. 891.40 (1) (b) of the statutes is created to read:

SB70-AA10,293,5 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

SB70-AA10,293,7 1. The artificial insemination takes place under the supervision of a licensed physician.

SB70-AA10,293,8 2. The semen used for the insemination is obtained from a sperm bank.

SB70-AA10,610 Section 610. 891.40 (2) of the statutes is amended to read:

SB70-AA10,293,13 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor's wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

SB70-AA10,611 Section 611. 891.40 (3) of the statutes is created to read:

SB70-AA10,293,17 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

SB70-AA10,612 Section 612. 891.405 of the statutes is amended to read:

SB70-AA10,293,23 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

SB70-AA10,613 Section 613. 891.407 of the statutes is amended to read:

SB70-AA10,294,5 891.407 Presumption of paternity based on genetic test results. A man is presumed to be the natural father of a child if the man has been conclusively determined from genetic test results to be the father under s. 767.804 and no other man person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

SB70-AA10,614 Section 614. 891.41 (title) of the statutes is amended to read:

SB70-AA10,294,8 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

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: