This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB337,1 1Section 1. 29.219 (4) of the statutes is amended to read:
AB337,5,52 29.219 (4) Husband and wife Spouses resident licenses. A combined husband
3and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
4department to residents applying for this license. This license confers upon both
5husband and wife spouses the privileges of resident fishing licenses.
AB337,2 6Section 2. 29.228 (5) of the statutes is amended to read:
AB337,6,27 29.228 (5) Annual family fishing license. The department shall issue a
8nonresident annual family fishing license, subject to s. 29.024, to any nonresident

1who applies for this license. This license entitles the husband, wife spouses and any
2minor children to fish under this license.
AB337,3 3Section 3. 29.228 (6) of the statutes is amended to read:
AB337,6,74 29.228 (6) Fifteen-day family fishing license. The department shall issue a
5nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
6who applies for this license. This license entitles the husband, wife spouses and any
7minor children to fish under this license.
AB337,4 8Section 4. 29.229 (2) (i) of the statutes is amended to read:
AB337,6,99 29.229 (2) (i) Husband and wife Spouses fishing licenses.
AB337,5 10Section 5. 29.2295 (2) (i) of the statutes is amended to read:
AB337,6,1111 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
AB337,6 12Section 6. 29.563 (3) (a) 3. of the statutes is amended to read:
AB337,6,1313 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.
AB337,7 14Section 7. 29.607 (3) of the statutes is amended to read:
AB337,6,2415 29.607 (3) License required; exceptions; wild rice identification card. Every
16person over the age of 16 and under the age of 65 shall obtain the appropriate wild
17rice license to harvest or deal in wild rice but no license to harvest is required of the
18members of the immediate family of a licensee or of a recipient of old-age assistance
19or members of their immediate families. The department, subject to s. 29.024 (2g)
20and (2r), shall issue a wild rice identification card to each member of a licensee's
21immediate family, to a recipient of old-age assistance and to each member of the
22recipient's family. The term “immediate family" includes husband and wife spouses
23and minor children having their abode and domicile with the parent or legal
24guardian.
AB337,8 25Section 8 . 45.01 (6) (c) of the statutes is amended to read:
AB337,7,3
145.01 (6) (c) The biological natural or adoptive parent or a person who acts in
2the place of a parent and who has so acted for not less than 12 months prior to the
3veteran's entrance into active service.
AB337,9 4Section 9. 45.51 (3) (c) 2. of the statutes is amended to read:
AB337,7,65 45.51 (3) (c) 2. The department may deviate from this sequence upon order of
6the board to prevent the separation of a husband and wife spouses.
AB337,10 7Section 10. 45.51 (5) (a) 1. b. of the statutes is amended to read:
AB337,7,118 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
9the person entered the service and who became a widow or widower surviving spouse
10by the death of the person while in the service or as a result of physical disability of
11the person incurred during the service.
AB337,11 12Section 11. 45.51 (5) (a) 1. c. of the statutes is amended to read:
AB337,7,1613 45.51 (5) (a) 1. c. The period during which the surviving spouse was married
14to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of
15widowhood or widowerhood
after the death of the deceased person is 6 months or
16more.
AB337,12 17Section 12. 45.55 of the statutes is amended to read:
AB337,8,7 1845.55 Notes and mortgages of minor veterans. Notwithstanding any
19provision of this chapter or any other law to the contrary, any minor who served in
20the active armed forces of the United States at any time after August 27, 1940, and
21the husband or wife spouse of such a minor may execute, in his or her own right, notes
22or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
23by the U.S. department of veterans affairs or the federal housing administrator
24under the servicemen's readjustment act of 1944, the national housing act, or any
25acts supplementing or amending these acts. In connection with these transactions,

1the minors may sell, release, or convey the mortgaged property and litigate or settle
2controversies arising therefrom, including the execution of releases, deeds, and other
3necessary papers or instruments. The notes, mortgages, releases, deeds, and other
4necessary papers or instruments when so executed are not subject to avoidance by
5the minor or the husband or wife spouse of the minor upon either or both of them
6attaining the age of 18 because of the minority of either or both of them at the time
7of the execution thereof.
AB337,13 8Section 13. 46.10 (2) of the statutes is amended to read:
AB337,9,129 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
10including but not limited to a person admitted, committed, protected, or placed under
11s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
12stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
1351.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
14971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies
15provided by any institution in this state including University of Wisconsin Hospitals
16and Clinics, in which the state is chargeable with all or part of the person's care,
17maintenance, services, and supplies, any person receiving care and services from a
18county department established under s. 51.42 or 51.437 or from a facility established
19under s. 49.73, and any person receiving treatment and services from a public or
20private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
21971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
22the homestead, and the spouse of the person, and the spouse's property and estate,
23including the homestead, and, in the case of a minor child, the parents of the person,
24and their property and estates, including their homestead, and, in the case of a
25foreign child described in s. 48.839 (1) who became dependent on public funds for his

1or her primary support before an order granting his or her adoption, the resident of
2this state appointed guardian of the child by a foreign court who brought the child
3into this state for the purpose of adoption, and his or her property and estate,
4including his or her homestead, shall be liable for the cost of the care, maintenance,
5services, and supplies in accordance with the fee schedule established by the
6department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an
7incapacitated person may be lawfully dependent upon the property for their support,
8the court shall release all or such part of the property and estate from the charges
9that may be necessary to provide for those persons. The department shall make
10every reasonable effort to notify the liable persons as soon as possible after the
11beginning of the maintenance, but the notice or the receipt thereof is not a condition
12of liability.
AB337,14 13Section 14. 48.02 (13) of the statutes is amended to read:
AB337,9,2514 48.02 (13) “Parent" means a biological natural parent, a husband who has
15consented to the artificial insemination of his wife under s. 891.40,
or a parent by
16adoption. If the child is a nonmarital child who is not adopted or whose parents do
17not subsequently intermarry under s. 767.803, “parent" includes a person
18acknowledged under s. 767.805 or a substantially similar law of another state or
19adjudicated to be the biological father. “Parent" does not include any person whose
20parental rights have been terminated. For purposes of the application of s. 48.028
21and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
22biological natural parent of an Indian child, an Indian husband spouse who has
23consented to the artificial insemination of his wife or her spouse under s. 891.40, or
24an Indian person who has lawfully adopted an Indian child, including an adoption
25under tribal law or custom, and includes, in the case of a nonmarital Indian child who

1is not adopted or whose parents do not subsequently intermarry under s. 767.803,
2a person acknowledged under s. 767.805, a substantially similar law of another state,
3or tribal law or custom to be the biological father natural parent or a person
4adjudicated to be the biological father natural parent, but does not include any
5person whose parental rights have been terminated.
AB337,15 6Section 15 . 48.025 (title) of the statutes is amended to read:
AB337,10,8 748.025 (title) Declaration of paternal parental interest in matters
8affecting children.
AB337,16 9Section 16 . 48.025 (2) (b) of the statutes is amended to read:
AB337,10,1410 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the
11birth of the child or within 14 days after the birth of the child, except that a man
12person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
13days after the date on which the notice was mailed. This paragraph does not apply
14to a declaration filed before July 1, 2006.
AB337,17 15Section 17 . 48.025 (3) (c) of the statutes is amended to read:
AB337,11,416 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
17or under a substantially similar law of another state or a person authorized to file
18a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
19law of another state may request the department to search its files to determine
20whether a person who may be the father parent of the child who is the subject of the
21proceeding has filed a declaration under this section. If the department has on file
22a declaration of paternal parental interest in matters affecting the child, the
23department shall issue to the requester a copy of the declaration. If the department
24does not have on file a declaration of paternal parental interest in matters affecting
25the child, the department shall issue to the requester a statement that no declaration

1could be located. The department may require a person who requests a search under
2this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
3department of maintaining its file of declarations and publicizing information
4relating to declarations of paternal parental interest under this section.
AB337,18 5Section 18 . 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB337,11,76 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental
7interest under s. 48.025.
AB337,19 8Section 19 . 48.27 (3) (b) 1. b. of the statutes is amended to read:
AB337,11,119 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the
10child or who may, based on the statements of the mother parent who gave birth to
11the child
or other information presented to the court, be the father parent of the child.
AB337,20 12Section 20 . 48.27 (5) of the statutes is amended to read:
AB337,11,1813 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort
14to identify and notify any person who has filed a declaration of paternal parental
15interest under s. 48.025, any person who has acknowledged paternity of the child
16under s. 767.805 (1), and any person who has been adjudged to be the father parent
17of the child in a judicial proceeding unless the person's parental rights have been
18terminated.
AB337,21 19Section 21 . 48.299 (6) (intro.) of the statutes is amended to read:
AB337,11,2320 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3)
21(b) 1. appears at any hearing for which he or she received the notice, alleges that he
22or she is the father a parent of the child and states that he or she wishes to establish
23the paternity parentage of the child, all of the following apply:
AB337,22 24Section 22 . 48.299 (6) (e) 1. of the statutes is amended to read:
AB337,12,5
148.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines
2genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
3cells of another body material for the purpose of determining the statistical
4probability that a man person who is alleged to be a child's father parent is the child's
5biological father parent.
AB337,23 6Section 23 . 48.299 (6) (e) 2. of the statutes is amended to read:
AB337,12,97 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person
8specified in sub. (6) (intro.) that he or she may be required to pay for any testing
9ordered by the court under this paragraph or under s. 885.23.
AB337,24 10Section 24 . 48.299 (6) (e) 3. of the statutes is amended to read:
AB337,12,2311 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
12the court determines that it would be in the best interests of the child, the court may
13order any man person specified in sub. (6) (intro.) to submit to one or more genetic
14tests which shall be performed by an expert qualified as an examiner of genetic
15markers present on the cells and of the specific body material to be used for the tests,
16as appointed by the court. A report completed and certified by the court-appointed
17expert stating genetic test results and the statistical probability that the man person
18alleged to be the child's father parent is the child's biological father parent based
19upon the genetic tests is admissible as evidence without expert testimony and may
20be entered into the record at any hearing. The court, upon request by a party, may
21order that independent tests be performed by other experts qualified as examiners
22of genetic markers present on the cells of the specific body materials to be used for
23the tests.
AB337,25 24Section 25 . 48.299 (6) (e) 4. of the statutes is amended to read:
AB337,13,5
148.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not
2excluded and that the statistical probability that the alleged father parent is the
3child's biological father parent is 99.0 percent or higher, the court may determine
4that for purposes of a proceeding under this chapter, other than a proceeding under
5subch. VIII, the man person is the child's biological parent.
AB337,26 6Section 26 . 48.299 (7) of the statutes is amended to read:
AB337,13,147 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1.
8appears at any hearing for which he or she received the notice but does not allege that
9he or she is the father a parent of the child and state that he or she wishes to establish
10the paternity parentage of the child or if no man person to whom such notice was
11given appears at a hearing, the court may refer the matter to the state or to the
12attorney responsible for support enforcement under s. 59.53 (6) (a) for a
13determination, under s. 767.80, of whether an action should be brought for the
14purpose of determining the paternity parentage of the child.
AB337,27 15Section 27 . 48.355 (4g) (a) 1. of the statutes is amended to read:
AB337,13,2216 48.355 (4g) (a) 1. The child's parents are parties to a pending action for divorce,
17annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4.
18to be the biological father parent of the child for purposes of a proceeding under this
19chapter is a party to a pending action to determine paternity of the child under ch.
20767, or the child is the subject of a pending independent action under s. 767.41 or
21767.43 to determine legal custody of the child or visitation rights with respect to the
22child.
AB337,28 23Section 28 . 48.396 (2) (dm) of the statutes is amended to read:
AB337,14,924 48.396 (2) (dm) Upon request of a court having jurisdiction over actions
25affecting the family, an attorney responsible for support enforcement under s. 59.53

1(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
2attorney or the guardian ad litem for the child who is the subject of that proceeding
3to review or be provided with information from the records of the court assigned to
4exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
5for the purpose of determining the paternity of the child or for the purpose of
6rebutting the presumption of paternity parentage under s. 891.405 or 891.41 (1), the
7court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
8inspection by the requester its records relating to the paternity of the child or disclose
9to the requester those records.
AB337,29 10Section 29 . 48.42 (1g) (a) 4. of the statutes is amended to read:
AB337,14,1211 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a
12familial relationship with the child and who may be the father a parent of the child.
AB337,30 13Section 30 . 48.42 (1g) (b) of the statutes is amended to read:
AB337,14,2214 48.42 (1g) (b) The petitioner shall notify any man person identified in the
15affidavit under par. (a) as an alleged father parent of his the right to file a declaration
16of paternal parental interest under s. 48.025 before the birth of the child, within 14
17days after the birth of the child, or within 21 days after the date on which the notice
18is mailed, whichever is later; of the birth date or anticipated birth date of the child;
19and of the consequences of filing or not filing a declaration of paternal parental
20interest. The petitioner shall include with the notice a copy of the form required to
21file a declaration of paternal parental interest under s. 48.025. The notice shall be
22sent by certified mail to the last-known address of the alleged father parent.
AB337,31 23Section 31 . 48.42 (1g) (c) of the statutes is amended to read:
AB337,14,2524 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice
25shall be given to an alleged father parent under sub. (2).
AB337,32
1Section 32. 48.42 (2) (b) 1. of the statutes is amended to read:
AB337,15,42 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal
3parental interest under s. 48.025 before the birth of the child or within 14 days after
4the birth of the child.
AB337,33 5Section 33 . 48.42 (2) (b) 2. of the statutes is amended to read:
AB337,15,96 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent
7of the child or who may, based upon the statements of the mother parent who gave
8birth to the child
or other information presented to the court, be the father parent
9of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
AB337,34 10Section 34 . 48.42 (2) (bm) 1. of the statutes is amended to read:
AB337,15,1411 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal
12parental interest under s. 48.025 before the birth of the child, within 14 days after
13the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
14whichever is later.
AB337,35 15Section 35 . 48.422 (6) (a) of the statutes is amended to read:
AB337,15,2516 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
17parents do not subsequently intermarry under s. 767.803 and for whom paternity
18has not been established, or for whom a declaration of paternal parental interest has
19not been filed under s. 48.025 within 14 days after the date of birth of the child or,
20if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
21s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity
22parentage of the child. Based on the testimony, the court shall determine whether
23all interested parties who are known have been notified under s. 48.42 (2) and (2g)
24(ag). If not, the court shall adjourn the hearing and order appropriate notice to be
25given.
AB337,36
1Section 36. 48.422 (7) (bm) of the statutes is amended to read:
AB337,16,192 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
3been identified. If a proposed adoptive parent of the child has been identified and
4the proposed adoptive parent is not a relative of the child, the court shall order the
5petitioner to submit a report to the court containing the information specified in s.
648.913 (7). The court shall review the report to determine whether any payments or
7agreement to make payments set forth in the report are coercive to the birth parent
8of the child or to an alleged to or presumed father parent of the child or are
9impermissible under s. 48.913 (4). Making any payment to or on behalf of the any
10birth parent of the child, an, alleged or presumed father parent of the child or the
11child conditional in any part upon transfer or surrender of the child or the
12termination of parental rights or the finalization of the adoption creates a rebuttable
13presumption of coercion. Upon a finding of coercion, the court shall dismiss the
14petition or amend the agreement to delete any coercive conditions, if the parties
15agree to the amendment. Upon a finding that payments which that are
16impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
17and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
18This paragraph does not apply if the petition was filed with a petition for adoptive
19placement under s. 48.837 (2).
AB337,37 20Section 37 . 48.422 (7) (br) of the statutes is amended to read:
AB337,16,2321 48.422 (7) (br) Establish whether any person has coerced a birth parent or any,
22alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
23a finding of coercion, the court shall dismiss the petition.
AB337,38 24Section 38 . 48.423 (2) (d) of the statutes is amended to read:
AB337,17,3
148.423 (2) (d) That the person has complied with the requirements of the state
2where the mother birth parent previously resided or was located to protect and
3preserve his paternal or her parental interests in matters affecting the child.
AB337,39 4Section 39. 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB337,17,75 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
6mother at the time the individual or adoptee is conceived or born, or when the parents
7intermarry under s. 767.803.
AB337,40 8Section 40 . 48.63 (3) (b) 4. of the statutes is amended to read:
AB337,17,179 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department,
10county department, or child welfare agency making the placement and the proposed
11adoptive parent or parents shall enter into a written agreement that specifies who
12is financially responsible for the cost of providing care for the child prior to the
13finalization of the adoption and for the cost of returning the child to the parent who
14has custody of the child if the adoption is not finalized. Under the agreement, the
15department, county department, or child welfare agency or the proposed adoptive
16parent or parents, but not the any birth parent of the child or any, alleged or
17presumed father parent of the child, shall be financially responsible for those costs.
AB337,41 18Section 41 . 48.63 (3) (b) 5. of the statutes is amended to read:
AB337,17,2419 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person
20may coerce a birth parent of the child or any, alleged or presumed father parent of
21the child into refraining from exercising his or her right to withdraw consent to the
22transfer or surrender of the child or to termination of his or her parental rights to the
23child, to have reasonable visitation or contact with the child, or to otherwise exercise
24his or her parental rights to the child.
AB337,42 25Section 42. 48.82 (1) (a) of the statutes is amended to read:
AB337,18,2
148.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
2if
the other spouse is of a parent of the minor.
AB337,43 3Section 43 . 48.837 (1r) (d) of the statutes is amended to read:
Loading...
Loading...