AB314: Bill Text

AB314,161 Section 161. 69.15 (3) (title) of the statutes is repealed and recreated to read:

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

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

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

AB314,69,6 1. Prepare under sub. (6) a new record omitting the father’s parent’s name if the order determines that the man person whose name appears on a registrant’s birth record is not the father a parent of the registrant and if there is no other adjudicated father parent.

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

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

AB314,69,21 (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the manner prescribed by the state registrar and signed by both of the birth natural parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents’ marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband spouse of the person who gave birth from the marriage record as the father other parent if the name of the father the other parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

AB314,70,3 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity parentage has been signed, the state registrar shall insert the name of the father parent under subd. 1. upon receipt of a court order determining that the husband spouse was the father parent of the child.

AB314,70,14 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father parent under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB314,70,19 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity parentage under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

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

AB314,70,23 b. The father of natural parent who did not give birth to the registrant if the father that parent has legal custody of the registrant.

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

AB314,71,8 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives an acknowledgement of parentage on a form prescribed by the state registrar and signed by both of the people presumed to be natural parents under s. 891.41 (1) (b), a certified copy of the parents’ marriage certificate, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the spouse of the person who gave birth from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

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

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

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

AB314,71,17 69.15 (3m) (a) 3. The person rescinding the statement files a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man person who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB314,71,21 (b) If the state registrar, within the time required under par. (a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting the father’s parent’s name if it was inserted under sub. (3) (b).

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

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

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

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

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

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

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

AB314,72,18 71.03 (2) (d) 1. Except as provided in subds. 2. and 3. and par. (e), a husband and a wife spouses may file a joint return for income tax purposes even though one of the spouses has no gross income or no deductions.

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

AB314,72,23 71.03 (2) (d) 2. No joint return may be filed if either the husband or wife spouse at any time during the taxable year is a nonresident alien, unless an election is in effect for the taxable year under section 6013 (g) or (h) of the internal revenue code Internal Revenue Code.

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

AB314,73,8 71.03 (2) (d) 3. No joint return may be filed if the husband and wife spouses have different taxable years, except that if their taxable years begin on the same day and end on different days because of the death of either or both the joint return may be filed with respect to the taxable year of each unless the surviving spouse remarries before the close of his or her taxable year or unless the taxable year of either spouse is a fractional part of a year under section 443 (a) (1) of the internal revenue code Internal Revenue Code.

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

AB314,74,2 71.03 (2) (g) Joint return following separate return. Except as provided in par. (i), if an individual has filed a separate return for a taxable year for which a joint return could have been filed by the individual and the individual’s spouse under par. (d) or (e) and the time prescribed by law for timely filing the return for that taxable year has expired, the individual and the individual’s spouse may file a joint return for that taxable year. A joint return filed by the husband and wife spouses under this paragraph is their return for that taxable year, and all payments, credits, refunds or other repayments made or allowed with respect to the separate return of each spouse for that taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is filed under this paragraph, any election, other than the election to file a separate return, made by either spouse in that spouse’s separate return for that taxable year with respect to the treatment of any income, deduction or credit of that spouse may not be changed in the filing of the joint return if that election would have been irrevocable if the joint return had not been filed.

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

AB314,74,7 71.03 (2) (m) 2. If a husband and wife spouses change from a joint return to separate returns within the time prescribed in subd. 1., the tax paid on the joint return shall be allocated between them in proportion to the tax liability shown on each separate return.

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

AB314,74,19 71.03 (4) (a) Natural persons whose total income is not in excess of $10,000 and consists entirely of wages subject to withholding for Wisconsin tax purposes and not more than $200 total of dividends, interest and other wages not subject to Wisconsin withholding, and who have elected the Wisconsin standard deduction and have not claimed either the credit for homestead property tax relief or deductions for expenses incurred in earning such income, shall, at their election, not be required to record on their income tax returns the amount of the tax imposed on their Wisconsin taxable income. Married persons shall be permitted this election only if the joint income of the husband and wife spouses does not exceed $10,000, if both report their incomes on the same joint income tax return form, and if both make this election.

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

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

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

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

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

AB314,75,8 71.07 (9e) (b) No credit may be allowed under this subsection to married persons, except married persons living apart who are treated as single under section 7703 (b) of the internal revenue code Internal Revenue Code, if the husband and wife spouses report their income on separate income tax returns for the taxable year.

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

AB314,75,17 71.09 (13) (a) 2. The tax shown on the return for the preceding year. If a husband and wife spouses who filed separate returns for the preceding taxable year file a joint return, the tax shown on the return for the preceding year is the sum of the taxes shown on the separate returns of the husband and wife spouses. If a husband and wife spouses who filed a joint return for the preceding taxable year file separate returns, the tax shown on the return for the preceding year is the husband’s or wife’s each spouse’s proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.

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

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

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

AB314,76,5 71.83 (1) (a) 8. ‘Joint return replacing separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25 percent of the total amount of that excess shall be added to the tax.

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

AB314,76,12 71.83 (1) (b) 5. ‘Joint return after separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50 percent of the total amount of that excess shall be added to the tax.

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

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

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

AB314,76,19 77.54 (7) (b) 1. The item is transferred to a child, spouse, parent, father-in- law, mother-in-law parent-in-law, daughter-in-law, or son-in-law of the transferor or, if the item is a motor vehicle, from the transferor to a corporation owned solely by the transferor or by the transferor’s spouse.

AB314,184 Section 184. 101.91 (5m) of the statutes is amended to read:

AB314,77,3 101.91 (5m) “Manufactured home community” means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community” does not include a farm where the occupants of the manufactured homes are the father, mother parents, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

AB314,185 Section 185. 102.07 (5) (b) of the statutes is amended to read:

AB314,77,7 102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter- in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of a farmer shall not be deemed the farmer’s employees.

AB314,186 Section 186. 102.07 (5) (c) of the statutes is amended to read:

AB314,77,16 102.07 (5) (c) A shareholder-employee of a family farm corporation shall be deemed a “farmer” for purposes of this chapter and shall not be deemed an employee of a farmer. A “family farm corporation” means a corporation engaged in farming all of whose shareholders are related as lineal ancestors or lineal descendants, whether by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, mothers-in- law parents-in-law, brothers-in-law, or sisters-in-law of such lineal ancestors or lineal descendants.

AB314,187 Section 187. 103.10 (1) (h) of the statutes is amended to read:

AB314,77,19 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB314,188 Section 188. 103.165 (3) (a) 3. of the statutes is amended to read:

AB314,77,22 103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

AB314,189 Section 189. 111.32 (12) of the statutes is amended to read:

AB314,78,2 111.32 (12) “Marital status” means the status of being married, single, divorced, separated, or widowed a surviving spouse.

AB314,190 Section 190. 115.76 (12) (a) 1. of the statutes is amended to read:

AB314,78,4 115.76 (12) (a) 1. A biological natural parent.

AB314,191 Section 191. 115.76 (12) (a) 2. of the statutes is repealed.

AB314,192 Section 192. 115.76 (12) (a) 3. of the statutes is repealed.

AB314,193 Section 193. 115.76 (12) (a) 4. of the statutes is amended to read:

AB314,78,11 115.76 (12) (a) 4. A male person who has been adjudicated the child’s father parent under subch. VIII of ch. 48, under subch. IX of ch. 767, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state.

AB314,194 Section 194. 115.76 (13) of the statutes is amended to read:

AB314,78,19 115.76 (13) “Person acting as a parent of a child” means a relative of the child or a private individual allowed to act as a parent of a child by the child’s biological natural or adoptive parents or guardian, and includes the child’s grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child’s biological natural or adoptive parents or guardian. “Person acting as a parent of a child” does not include any person that receives public funds to care for the child if such funds exceed the cost of such care.

AB314,195 Section 195. 146.0255 (2) of the statutes is amended to read:

AB314,80,14 146.0255 (2) Testing. Any hospital employee who provides health care, social worker, or intake worker under ch. 48 may refer an infant or an expectant mother of a person pregnant with an unborn child, as defined in s. 48.02 (19), to a physician for testing of the bodily fluids of the infant or expectant mother pregnant person for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker, or intake worker suspects that the infant or expectant mother pregnant person has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person because of the use of controlled substances or controlled substance analogs by the mother person who gave birth to the infant while she that person was pregnant with the infant or by the expectant mother pregnant person while she that person is pregnant with the unborn child. The physician may test the infant or expectant mother pregnant person to ascertain whether or not the infant or expectant mother pregnant person has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother pregnant person because of the use of controlled substances or controlled substance analogs by the mother person who gave birth to the infant while she that person was pregnant with the infant or by the expectant mother pregnant person while she that person is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant’s bodily fluids, the physician shall report the occurrence of that condition in the infant to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the child and the child’s mother person who gave birth to the child as provided under s. 46.238. If the results of the test indicate that the expectant mother pregnant person does have controlled substances or controlled substance analogs in the expectant mother’s pregnant person’s bodily fluids, the physician may report the occurrence of that condition in the expectant mother pregnant person to the agency, as defined in s. 48.981 (1) (ag), that is responsible for conducting unborn child abuse investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the unborn child and expectant mother pregnant person as provided under s. 46.238. Under this subsection, no physician may test an expectant mother a pregnant person without first receiving her that person’s informed consent to the testing.

AB314,196 Section 196. 146.0255 (3) (intro.) and (b) of the statutes are amended to read:

AB314,80,19 146.0255 (3) Test results. (intro.) The physician who performs a test under sub. (2) shall provide the infant’s parents or guardian or the expectant mother pregnant person with all of the following information:

AB314,80,22 (b) A statement of explanation that the test results of an infant must, and that the test results of an expectant mother a pregnant person may, be disclosed to an agency under sub. (2) if the test results are positive.

AB314,197 Section 197. 146.0257 (2) of the statutes is amended to read:

AB314,81,12 146.0257 (2) Evaluation. If a hospital employee who provides health care, social worker, or intake worker under ch. 48 suspects that an infant has a fetal alcohol spectrum disorder, the hospital employee, social worker, or intake worker shall refer the infant to a physician for an evaluation to diagnose whether the infant has that disorder. If a physician determines that there is a serious risk that an infant has a fetal alcohol spectrum disorder, the physician shall evaluate the infant to diagnose whether the infant has that disorder. If a physician diagnoses that an infant has a fetal alcohol spectrum disorder, the physician shall report that diagnosis to the agency that is responsible for conducting child abuse and neglect investigations under s. 48.981, and that agency shall offer to provide, or arrange or refer for the provision of, services and treatment for the infant and the infant’s mother person who gave birth to the infant as provided under s. 46.238.

AB314,198 Section 198. 146.34 (1) (f) of the statutes is amended to read:

AB314,81,19 146.34 (1) (f) “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 minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father parent of the minor. “Parent” does not include any person whose parental rights have been terminated.

AB314,199 Section 199. 146.817 (1) of the statutes is amended to read:

AB314,81,23 146.817 (1) In this section, “fetal monitor tracing” means documentation of the heart tones of a fetus during labor and delivery of the mother of the fetus person giving birth that are recorded from an electronic fetal monitor machine.

AB314,200 Section 200. 157.05 of the statutes is amended to read:

AB314,82,8 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.