AB43: Bill Text

AB43,,9072 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer, or buyers in a bill of sale are described in the document, instrument, or bill of sale as husband and wife married to each other, or are in fact husband and wife married to each other, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument, or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

AB43,3134 Section 3134. 704.05 (2) of the statutes is amended to read:

AB43,,9074 704.05 (2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, allow a city, village, town, or county inspector access for an inspection, make repairs, and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.

AB43,3135 Section 3135. 704.07 (2) (bm) 1. of the statutes is repealed.

AB43,3136 Section 3136. 704.07 (2) (bm) 3. of the statutes is amended to read:

AB43,,9077 704.07 (2) (bm) 3. The violation presents a significant threat to the prospective tenant’s health or safety.

AB43,3137 Section 3137. 704.07 (5) of the statutes is repealed.

AB43,3138 Section 3138. 705.01 (4) of the statutes is amended to read:

AB43,,9080 705.01 (4) “Joint account” means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. “Joint account” also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

AB43,3139 Section 3139. 705.01 (4m) of the statutes is amended to read:

AB43,,9082 705.01 (4m) “Marital account” means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

AB43,3140 Section 3140. 706.09 (1) (e) of the statutes is amended to read:

AB43,,9084 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, unmarried, or widowed a surviving spouse or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

AB43,3141 Section 3141. 753.06 (4) (c) of the statutes is amended to read:

AB43,,9086 753.06 (4) (c) Manitowoc County. The circuit has 3 4 branches.

AB43,3142 Section 3142. 753.06 (4) (dm) of the statutes is amended to read:

AB43,,9088 753.06 (4) (dm) Waushara County. The circuit has one branch 2 branches.

AB43,3143 Section 3143. 753.06 (7) (ag) of the statutes is amended to read:

AB43,,9090 753.06 (7) (ag) Adams County. The circuit has one branch 2 branches.

AB43,3144 Section 3144. 753.06 (7) (ar) of the statutes is amended to read:

AB43,,9092 753.06 (7) (ar) Clark County. The circuit has one branch 2 branches.

AB43,3145 Section 3145. 753.06 (9) (L) of the statutes is amended to read:

AB43,,9094 753.06 (9) (L) Vilas County. The circuit has one branch 2 branches.

AB43,3146 Section 3146. 753.06 (9) (m) of the statutes is amended to read:

AB43,,9096 753.06 (9) (m) Wood County. The circuit has 3 4 branches.

AB43,3147 Section 3147. 753.06 (10) (g) of the statutes is amended to read:

AB43,,9098 753.06 (10) (g) Eau Claire County. The circuit has 5 6 branches.

AB43,3148 Section 3148. 753.06 (10) (L) of the statutes is amended to read:

AB43,,9100 753.06 (10) (L) Sawyer County. The circuit has one branch 2 branches.

AB43,3149 Section 3149. 756.04 (2) (b) of the statutes is amended to read:

AB43,,9102 756.04 (2) (b) Each year, on a date agreed upon with the office of the director of state courts, the department of transportation shall compile a list that includes the name, address, county, date of birth, race, gender, identification number and renewal date of each person residing in the state who is licensed as a motor vehicle operator under ch. 343 or who has received an identification card under s. 343.50 or 343.51, and social security number, as permitted by law and any record sharing agreement between the department of transportation and the office of the director of state courts. The office of the director of state courts shall establish the format of the list by agreement with the department of transportation. The department of transportation shall transmit the list without charge to the office of the director of state courts, without charge. and to the clerks of court for the district courts of the United States within this state. If the department of transportation does not have a record sharing agreement with the clerk of court for a district court that requires the clerk of court to keep prospective jurors’ identification numbers, renewal dates, and social security numbers confidential and secure from unauthorized access, the department of transportation shall redact that information from the list the department of transportation transmits to the clerk of court.

AB43,3150 Section 3150. 757.02 (5) of the statutes is amended to read:

AB43,,9104 757.02 (5) Except for retired judges appointed under s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).

AB43,3151 Section 3151. 758.19 (5) (j) of the statutes is created to read:

AB43,,9106 758.19 (5) (j) Notwithstanding par. (b), the director of state courts shall make payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse counties for circuit court costs related to implementing the use of pretrial risk assessments.

AB43,3152 Section 3152. 765.001 (2) of the statutes is amended to read:

AB43,,9108 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

AB43,3153 Section 3153. 765.01 of the statutes is amended to read:

AB43,,9110 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouse to each other.

AB43,3154 Section 3154. 765.02 (3) of the statutes is created to read:

AB43,,9112 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

AB43,3155 Section 3155. 765.03 (1) of the statutes is amended to read:

AB43,,9114 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile or that the 2 parties are otherwise permanently biologically incapable of producing a child together. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

AB43,3156 Section 3156. 765.16 (1m) (intro.) of the statutes is amended to read:

AB43,,9116 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons:

AB43,3157 Section 3157. 765.16 (1m) (c) of the statutes is amended to read:

AB43,,9118 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

AB43,3158 Section 3158. 765.23 of the statutes is amended to read:

AB43,,9120 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized more than 60 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife a married couple, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.

AB43,3159 Section 3159. 765.24 of the statutes is amended to read:

AB43,,9122 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife spouse with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife a married couple, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife spouse was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they the parties shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife a married couple in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of any children born during such subsequent marriage shall be considered as the marital issue children of both parents parties.

AB43,3160 Section 3160. 765.30 (3) (a) of the statutes is amended to read:

AB43,,9124 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each takes the other as husband and wife his or her spouse; or without the presence of competent adult witnesses as required under s. 765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 60 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person.

AB43,3161 Section 3161. 766.587 (7) (form) 9. of the statutes is amended to read:

AB43,,9126 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986, OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER.

AB43,,9128 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

AB43,,9129 (Pursuant to Section 766.587, Wisconsin Statutes)

AB43,,9130 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

AB43,,9131 The parties to this agreement agree to classify all their property, including property owned by them now and property acquired before January 1, 1987, as the individual property of the owning spouse, and agree that ownership of their property shall be determined as if it were December 31, 1985.

AB43,,9132 This agreement terminates on January 1, 1987.

AB43,,9133 Signature .... Date ....

AB43,,9134 Print Name Here: ....

AB43,,9135 Address: ....

AB43,,9136 Signature .... Date ....

AB43,,9137 Print Name Here: ....

AB43,,9138 Address: ....

AB43,,9139 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

AB43,3162 Section 3162. 766.588 (9) (form) 13. of the statutes is amended to read:

AB43,,9141 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED EFFECTIVENESS OF THIS AGREEMENT.

AB43,,9142 Statutory terminable marital

AB43,,9143 Property classification agreement

AB43,,9144 (Pursuant to Section 766.588, Wisconsin Statutes)

AB43,,9145 This agreement is entered into by .... and .... (husband and wife who are married) (who intend to marry) (strike one). The parties hereby classify all of the property owned by them when this agreement becomes effective, and property acquired during the term of this agreement, as marital property.

AB43,,9146 One spouse may terminate this agreement at any time by giving signed notice of termination to the other spouse. Notice of termination by a spouse is given upon personal delivery or when sent by certified mail to the other spouse’s last-known address. The agreement terminates 30 days after such notice is given.

AB43,,9147 The parties (have) (have not) (strike one) completed Schedule “A”, “Financial Disclosure”, attached to this agreement. If Schedule “A” has not been completed, the duration of this agreement is 3 years after both parties have signed the agreement. If Schedule “A” has been completed, the duration of this agreement is not limited to 3 years after it is signed.

AB43,,9148 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3 YEARS, MAKE SURE SCHEDULE “A”, “FINANCIAL DISCLOSURE”, IS COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR SPOUSE DID NOT COMPLETE SCHEDULE “A”, YOU MAY NOT EXECUTE THIS AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A”.

AB43,,9149 Signature of One Spouse: ....

AB43,,9150 Date: ....

AB43,,9151 Print Name Here: ....

AB43,,9152 Residence Address: ....

AB43,,9153 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

AB43,,9154 Authentication

AB43,,9155 Signature .... authenticated this .... day of ...., .... (year)

AB43,,9156 *....

AB43,,9157 TITLE: MEMBER STATE BAR OF WISCONSIN

AB43,,9158 (If not, .... authorized by s. 706.06, Wis. Stats.)

AB43,,9159 Acknowledgment

AB43,,9160 STATE OF WISCONSIN   )

AB43,,9161 )   ss.