SB70-SSA2-SA2,220,153
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
4resident owner and occupied by him or her shall be exempt from execution, from the
5lien of every judgment, and from liability for the debts of the owner to the amount
6of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
7taxes
, and except as otherwise provided. The exemption shall not be impaired by
8temporary removal with the intention to reoccupy the premises as a homestead nor
9by the sale of the homestead, but shall extend to the proceeds derived from the sale
10to an amount not exceeding $75,000, while held, with the intention to procure
11another homestead with the proceeds, for 2 years. The exemption extends to land
12owned by
husband and wife spouses jointly or in common or as marital property, and
13each spouse may claim a homestead exemption of not more than $75,000. The
14exemption extends to the interest therein of tenants in common, having a homestead
15thereon with the consent of the cotenants, and to any estate less than a fee.
SB70-SSA2-SA2,220,2017
822.40
(4) A privilege against disclosure of communications between spouses
18and a defense of immunity based on the relationship
of husband and wife between
19spouses or parent and child may not be invoked in a proceeding under this
20subchapter.
SB70-SSA2-SA2,221,222
851.30
(2) (a) An individual who obtains or consents to a final decree or
23judgment of divorce from the decedent or an annulment of their marriage, if the
24decree or judgment is not recognized as valid in this state, unless they subsequently
1participate in a marriage ceremony purporting to marry each other or they
2subsequently hold themselves out as
husband and wife
married to each other.
SB70-SSA2-SA2,425
3Section
425. 852.01 (1) (f) 1. of the statutes is amended to read:
SB70-SSA2-SA2,221,74
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
5both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 6grandparents
on that side are deceased, to the issue of the
maternal grandparents
7on that side or either of them, per stirpes.
SB70-SSA2-SA2,426
8Section
426. 852.01 (1) (f) 2. of the statutes is amended to read:
SB70-SSA2-SA2,221,109
852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
10manner as to the
maternal relations under subd. 1.
SB70-SSA2-SA2,427
11Section
427. 852.01 (1) (f) 3. of the statutes is amended to read:
SB70-SSA2-SA2,221,1412
852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
13grandparent or issue of a grandparent, the entire estate to the decedent's relatives
14on the other side.
SB70-SSA2-SA2,221,2216
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
17husband and wife 2 spouses die leaving marital property and it is not established
18that one survived the other by at least 120 hours, 50 percent of the marital property
19shall be distributed as if it were the
husband's
first spouse's individual property and
20the
husband 2nd spouse had survived, and 50 percent of the marital property shall
21be distributed as if it were the
wife's 2nd spouse's individual property and the
wife 22first spouse had survived.
SB70-SSA2-SA2,221,25
24891.39 (title)
Presumption as to whether a child is marital or
25nonmarital; self-crimination self-incrimination; birth certificates.
SB70-SSA2-SA2,222,152
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
3was born to a woman while she was
the lawful wife of
legally married to a specified
4man person, any party asserting in such action or proceeding that the
husband was 5spouse is not the
father parent of the child shall have the burden of proving that
6assertion by a clear and satisfactory preponderance of the evidence. In all such
7actions or proceedings the
husband and the wife
spouses are competent to testify as
8witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
9litem to appear for and represent the child whose
paternity parentage is questioned.
10Results of a genetic test, as defined in s. 767.001 (1m), showing that a
man person 11other than the
husband mother's spouse is not excluded as the father of the child and
12that the statistical probability of the
man's
person's parentage is 99.0 percent or
13higher constitute a clear and satisfactory preponderance of the evidence of the
14assertion under this paragraph, even if the
husband
mother's spouse is unavailable
15to submit to genetic tests, as defined in s. 767.001 (1m).
SB70-SSA2-SA2,222,2417
891.39
(1) (b) In actions affecting the family
, in which the question of
paternity 18parentage is raised, and in paternity proceedings, the court, upon being satisfied that
19the parties to the action are unable to adequately compensate any such guardian ad
20litem for the guardian ad litem's services and expenses, shall then make an order
21specifying the guardian ad litem's compensation and expenses, which compensation
22and expenses shall be paid as provided in s. 967.06. If the court orders a county to
23pay the compensation of the guardian ad litem, the amount ordered may not exceed
24the compensation paid to private attorneys under s. 977.08 (4m) (b).
SB70-SSA2-SA2,223,7
1891.39
(3) If any court under this section adjudges a child to be a nonmarital
2child, the clerk of court shall report the facts to the state registrar, who shall issue
3a new birth record showing the correct facts as found by the court, and shall dispose
4of the original, with the court's report attached under s. 69.15 (3). If the
husband 5mother's spouse is a party to the action and the court makes a finding as to whether
6or not the
husband mother's spouse is the
father parent of the child, such finding
7shall be conclusive in all other courts of this state.
SB70-SSA2-SA2,433
8Section
433. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
9amended to read:
SB70-SSA2-SA2,223,1610
891.40
(1) (a) If,
under the supervision of a licensed physician and with the
11spouse's consent
of her husband, a
wife person is inseminated artificially
as provided
12in par. (b) with semen donated by a
man person who is not
her husband the spouse
13of the person being inseminated, the
husband
spouse of the
mother inseminated
14person at the time of the conception of the child shall be the natural
father parent 15of a child conceived. The
husband's spouse's consent must be in writing and signed
16by him
or her and
his wife. The
by the inseminated person.
SB70-SSA2-SA2,223,23
17(c) 1. If the artificial insemination under par. (a) takes place under the
18supervision of a licensed physician, the physician shall certify
their the signatures
19on the consent and the date of the insemination, and shall file the
husband's spouse's 20consent with the department of health services
, where it shall be kept. If the
21artificial insemination under par. (a) does not take place under the supervision of a
22licensed physician, the spouses shall file the signed consent, which shall include the
23date of the insemination, with the department of health services.
SB70-SSA2-SA2,223,25
242. The department of health services shall keep a consent filed under subd. 1.
25confidential and in a sealed file except as provided in s. 46.03 (7) (bm).
However,
SB70-SSA2-SA2,224,2
13. Notwithstanding subd. 1., the physician's
or spouses' failure to file the
2consent form does not affect the legal status of
father natural parent and child.
SB70-SSA2-SA2,224,6
3(d) All papers and records pertaining to the
artificial insemination
under par.
4(a), whether part of the permanent record of a court or of a file held by
the a
5supervising physician
or sperm bank or elsewhere, may be inspected only upon an
6order of the court for good cause shown.
SB70-SSA2-SA2,224,98
891.40
(1) (b) The artificial insemination under par. (a) must satisfy any of the
9following:
SB70-SSA2-SA2,224,1110
1. The artificial insemination takes place under the supervision of a licensed
11physician.
SB70-SSA2-SA2,224,1212
2. The semen used for the insemination is obtained from a sperm bank.
SB70-SSA2-SA2,224,1714
891.40
(2) The donor of semen provided to a licensed physician
or obtained from
15a sperm bank for use in
the artificial insemination of a woman other than the donor's
16wife spouse is not the natural
father parent of a child conceived, bears no liability for
17the support of the child
, and has no parental rights with regard to the child.
SB70-SSA2-SA2,224,2119
891.40
(3) This section applies with respect to children conceived before, on,
20or after the effective date of this subsection .... [LRB inserts date], as a result of
21artificial insemination.
SB70-SSA2-SA2,225,2
23891.405 Presumption of paternity parentage based on
24acknowledgment. A
man person is presumed to be the natural
father parent of a
25child if
he the person and the
mother person who gave birth have acknowledged
1paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other
man
person is
2presumed to be the
father natural parent under s. 891.41 (1).
SB70-SSA2-SA2,225,8
4891.407 Presumption of paternity based on genetic test results. A man
5is presumed to be the natural father of a child if the man has been conclusively
6determined from genetic test results to be the father under s. 767.804 and no other
7man person is presumed to be the
father natural parent under s. 891.405 or 891.41
8(1).
SB70-SSA2-SA2,225,11
10891.41 (title)
Presumption of paternity parentage based on marriage of
11the parties.
SB70-SSA2-SA2,440
12Section
440. 891.41 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,225,1413
891.41
(1) (intro.) A
man person is presumed to be the natural
father
parent 14of a child if any of the following applies:
SB70-SSA2-SA2,225,1916
891.41
(1) (a)
He The person and the child's
established natural
mother parent 17are or have been married to each other and the child is conceived or born after
18marriage and before the granting of a decree of legal separation, annulment
, or
19divorce between the parties.
SB70-SSA2-SA2,442
20Section
442. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
21and amended to read:
SB70-SSA2-SA2,226,222
891.41
(1) (b) (intro.)
He
The person and the child's
established natural
mother 23parent were married to each other after the child was born but
he the person and the
24child's
established natural
mother parent had a relationship with one another
1during the period of time within which the child was conceived and
no other man all
2of the following apply:
SB70-SSA2-SA2,226,3
31. No person has been adjudicated to be the father
or.
SB70-SSA2-SA2,226,5
42. No other person is presumed to be the
father parent of the child under par.
5(a).
SB70-SSA2-SA2,226,137
891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
8rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
9man person other than the
man person presumed to be the
father parent under sub.
10(1) is not excluded as the father of the child and that the statistical probability of the
11man's person's parentage is 99.0 percent or higher, even if the
man person presumed
12to be the
father natural parent under sub. (1) is unavailable to submit to genetic
13tests, as defined in s. 767.001 (1m).
SB70-SSA2-SA2,226,1615
891.41
(3) This section applies with respect to children born before, on, or after
16the effective date of this subsection .... [LRB inserts date].
SB70-SSA2-SA2,226,18
18905.05 (title)
Husband-wife Spousal and domestic partner privilege.
SB70-SSA2-SA2,227,1420
938.02
(13) “Parent" means a
biological natural parent
, a husband who has
21consented to the artificial insemination of his wife under s. 891.40, or a parent by
22adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.803, “parent" includes a person
24conclusively determined from genetic test results to be the father under s. 767.804
25or a person acknowledged under s. 767.805 or a substantially similar law of another
1state or adjudicated to be the
biological father natural parent. “Parent" does not
2include any person whose parental rights have been terminated. For purposes of the
3application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
41963, “parent" means a
biological natural parent
of an Indian child, an Indian
5husband spouse who has consented to the artificial insemination of his
wife or her
6spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian
7juvenile, including an adoption under tribal law or custom, and includes, in the case
8of a nonmarital
Indian child who is not adopted or whose parents do not subsequently
9intermarry under s. 767.803, a person conclusively determined from genetic test
10results to be the father under s. 767.804, a person acknowledged under s. 767.805,
11a substantially similar law of another state, or tribal law or custom to be the
12biological father natural parent, or a person adjudicated to be the
biological father 13natural parent, but does not include any person whose parental rights have been
14terminated.
SB70-SSA2-SA2,447
15Section
447. 938.396 (2g) (g) of the statutes is amended to read:
SB70-SSA2-SA2,228,216
938.396
(2g) (g)
Paternity Parentage of juvenile. Upon request of a court having
17jurisdiction over actions affecting the family, an attorney responsible for support
18enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
19IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
20subject of that proceeding to review or be provided with information from the records
21of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
22to the
paternity parentage of a juvenile for the purpose of determining the
paternity 23parentage of the juvenile or for the purpose of rebutting the presumption of paternity
24under s.
891.405, 891.407
, or
the presumption of parentage under s. 891.405 or 25891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall
1open for inspection by the requester its records relating to the
paternity parentage 2of the juvenile or disclose to the requester those records.
SB70-SSA2-SA2,228,64
943.20
(2) (c) “Property of another" includes property in which the actor is a
5co-owner and property of a partnership of which the actor is a member, unless the
6actor and the victim are
husband and wife married to each other.
SB70-SSA2-SA2,449
7Section
449. 943.201 (1) (b) 8. of the statutes is amended to read:
SB70-SSA2-SA2,228,98
943.201
(1) (b) 8. The
maiden name
surname of an individual's
mother parent
9before marriage if the surname was changed as a result of marriage.
SB70-SSA2-SA2,228,1311
943.205
(2) (b) “Owner" includes a co-owner of the person charged and a
12partnership of which the person charged is a member, unless the person charged and
13the victim are
husband and wife married to each other.
SB70-SSA2-SA2,228,1715
990.01
(22h) Natural parent. “Natural parent" means a parent of a child who
16is not an adoptive parent, whether the parent is biologically related to the child or
17not.
SB70-SSA2-SA2,228,2019
990.01
(39) Spouses. “Spouses" means 2 individuals of the same sex or different
20sexes who are legally married to each other.
SB70-SSA2-SA2,228,2322
990.01
(40m) Stepparent. “Stepparent" means a person who is the spouse of
23a child's parent and who is not also a parent of the child.
SB70-SSA2-SA2,230,17
1(1)
Legislative intent. The legislature intends the repeal of ss.
49.141 (1) (j)
22., 102.51 (1) (a) 2., 115.76 (12) (a) 2. and 3., and 769.401 (2) (g), the renumbering and
3amendment of ss.
891.40 (1) and 891.41 (1) (b), the amendment of ss.
29.219 (4),
429.228 (5) and (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 45.01 (6)
5(c), 45.51 (3) (c) 2. and (5) (a) 1. b. and c., 45.55, 46.10 (2), 48.02 (13), 48.025 (title),
6(2) (b), and (3) (c), 48.27 (3) (b) 1. a. and b. and (5), 48.299 (6) (intro.) and (e) 1., 2., 3.,
7and 4. and (7), 48.355 (4g) (a) 1., 48.396 (2) (dm), 48.42 (1g) (a) 4., (b), and (c) and (2)
8(b) 1. and 2. and (bm) 1., 48.422 (6) (a) and (7) (bm) and (br), 48.423 (2) (d), 48.432
9(1) (am) 2. b., 48.63 (3) (b) 4. and 5., 48.82 (1) (a), 48.837 (1r) (d) and (e) and (6) (b)
10and (br), 48.913 (1) (a), (b), and (h), (2) (intro.), (b), and (c) (intro.), (3), (4), and (7),
1148.9795 (1) (a) 1. c. and (b), 49.141 (1) (j) 1., 49.155 (1m) (c) 1g. and 1h., 49.163 (2) (am)
122., 49.19 (1) (a) 2. a. and (4) (d) (intro.), 1., 2., 3., 4., and 5., 49.345 (2), 49.43 (12),
1349.471 (1) (b) 2., 49.90 (4), 54.01 (36) (a), 54.960 (1), 69.03 (15), 69.11 (4) (b), 69.12 (5),
1469.13 (2) (b) 4., 69.14 (1) (c) 4., (e) (title) and 1., (f) 1., and (g) and (2) (b) 2. d., 69.15
15(1), (3) (title), (a) (intro.), 1., 2., and 3., (b) 1., 2., 3., and 4. (intro.), a., and b., and (d),
16and (3m) (title), (a) (intro.) and 3., and (b), 71.03 (2) (d) (title), 1., 2., and 3., (g), and
17(m) 2. and (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3. and (9e) (b), 71.09 (13) (a) 2.,
1871.52 (4), 71.83 (1) (a) 8. and (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m), 102.07
19(5) (b) and (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3., 111.32 (12), 115.76
20(12) (a) 1. and (13), 146.34 (1) (f), 157.05, 182.004 (6), 250.04 (3) (a), 301.50 (1), 700.19
21(2), 705.01 (4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (1m)
22(intro.) and (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form) 9., 766.588 (9) (form)
2313., 766.589 (10) (form) 14., 767.215 (2) (b) and (5) (a) 2., 767.323, 767.80 (1) (intro.)
24and (c) and (2), 767.803, 767.804 (1) (a) 4., 767.805 (title), (1), (1m), (2) (a) and (b), (3)
25(title) and (a), (4) (intro.) and (d), (5) (a) and (b), and (6) (a) (intro.), 767.855, 767.863
1(1m), 767.87 (1m) (intro.), (8), and (9), 767.883 (1), 769.316 (9), 769.401 (2) (a), 815.20
2(1), 822.40 (4), 851.30 (2) (a), 852.01 (1) (f) 1., 2., and 3., 854.03 (3), 891.39 (title), (1)
3(a) and (b), and (3), 891.40 (2), 891.405, 891.407, 891.41 (title), (1) (intro.) and (a), and
4(2), 905.05 (title), 938.02 (13), 938.396 (2g) (g), 943.20 (2) (c), 943.201 (1) (b) 8., and
5943.205 (2) (b), and the creation of ss. 69.15 (3) (b) 3m., 765.02 (3), 891.40 (1) (b) and
6(3), 891.41 (3), and 990.01 (22h), (39), and (40m) to harmonize the language of the
7Wisconsin statutes relating to marriage and the determination of parentage with the
8provision of s. 990.001 (2), which specifies that words importing one gender extend
9and may be applied to any gender. The legislature intends that by amending the
10statutes relating to marriage and the determination of parentage with respect to
11married couples to use gender neutral language where appropriate so as to clarify
12that the same statutory rights and responsibilities apply between married persons
13of the same sex as between married persons of different sexes and to extend some of
14the presumptions of paternity to either parent, the Wisconsin statutes will be better
15aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S.
16Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a
17fundamental constitutional right to marriage.”.
SB70-SSA2-SA2,231,220
23.09
(2) (d)
Lands, acquisition. (intro.) Acquire by purchase, lease or
21agreement, and receive by gifts or devise, lands or waters suitable for the purposes
22enumerated in this paragraph, and maintain such lands and waters for such
23purposes; and
, except for the purpose specified under subd. 12., may condemn lands
24or waters suitable for such purposes after obtaining approval of the appropriate
1standing committees of each house of the legislature as determined by the presiding
2officer thereof:
SB70-SSA2-SA2,231,104
27.01
(2) (a) Acquire by purchase, lease or agreement lands or waters suitable
5for state park purposes and may acquire such lands and waters by condemnation
6after obtaining approval of the senate and assembly committees on natural
7resources.
The power of condemnation may not be used for the purpose of
8establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
9(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
10346.02 (8) (a).
SB70-SSA2-SA2,231,2212
27.019
(10) Acquisition of land. Any county in which there does not exist a
13county park commission acting through its rural planning committee may acquire
14by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
15consent of the county board, a sufficient tract or tracts of land for the reservation for
16public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
17places of special historic interest, memorial grounds, parks, playgrounds, sites for
18public buildings, and reservations in and about and along and leading to any or all
19of the same, and to develop and maintain the same for public use.
The power of
20condemnation may not be used for the purpose of establishing or extending a
21recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
22in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,232,824
27.05
(3) Acquire, in the name of the county, by purchase, land contract, lease,
25condemnation, or otherwise, with the approval and consent of the county board, such
1tracts of land or public ways as it deems suitable for park purposes; including lands
2in any other county not more than three-fourths of a mile from the county line; but
3no land so acquired shall be disposed of by the county without the consent of said
4commission, and all moneys received for any such lands, or any materials, so
5disposed of, shall be paid into the county park fund hereinafter established.
The
6power of condemnation may not be used for the purpose of establishing or extending
7a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
8defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,233,210
27.065
(1) (a) The county board of any county which shall have adopted a
11county system of parks or a county system of streets and parkways, pursuant to s.
1227.04, may acquire the lands necessary for carrying out all or part of such plan by
13gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
14acquired by condemnation unless and until the common council of the city or the
15board of trustees of the village or the board of supervisors of the town wherein such
16land is situated shall consent thereto.
The power of condemnation may not be used
17for the purpose of establishing or extending a recreational trail; a bicycle way, as
18defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
19way, as defined in s. 346.02 (8) (a). The cost of acquiring such lands by purchase or
20condemnation may be paid in whole or in part by the county or by the property to be
21benefited thereby, as the county board shall direct but in no case shall the amount
22assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
23that no assessment for paying the cost of acquiring lands may be levied or collected
24against the property to be benefited until the governing body of the city, village or
25town where such lands are located has by resolution determined that the public
1welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
2estate in fee simple.
SB70-SSA2-SA2,233,164
27.08
(2) (b) To acquire in the name of the city for park, parkway, boulevard or
5pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
6or in trust, money, real or personal property, or any incorporeal right or privilege
;
7except that no lands may be acquired by condemnation for the purpose of
8establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
9(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
10346.02 (8) (a). Gifts to any city of money or other property, real or personal, either
11absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
12be accepted only after they shall have been recommended by the board to the common
13council and approved by said council by resolution. Subject to the approval of the
14common council the board may execute every trust imposed upon the use of property
15or property rights by the deed, testament or other conveyance transferring the title
16of such property to the city for park, parkway, boulevard or pleasure drive purposes.