SB70-SSA2-SA2,444 14Section 444. 891.41 (3) of the statutes is created to read:
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-SA2,445 17Section 445. 905.05 (title) of the statutes is amended to read:
SB70-SSA2-SA2,226,18 18905.05 (title) Husband-wife Spousal and domestic partner privilege.
SB70-SSA2-SA2,446 19Section 446. 938.02 (13) of the statutes is amended to read:
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-SA2,448 3Section 448. 943.20 (2) (c) of the statutes is amended to read:
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-SA2,450 10Section 450. 943.205 (2) (b) of the statutes is amended to read:
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-SA2,451 14Section 451. 990.01 (22h) of the statutes is created to read:
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-SA2,452 18Section 452. 990.01 (39) of the statutes is created to read:
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-SA2,453 21Section 453. 990.01 (40m) of the statutes is created to read:
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-SA2,9151 24Section 9151. Nonstatutory provisions; Other.
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-SA2,230,18 18246. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,230,19 19 Section 454. 23.09 (2) (d) (intro.) of the statutes is amended to read:
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-SA2,455 3Section 455. 27.01 (2) (a) of the statutes is amended to read:
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-SA2,456 11Section 456. 27.019 (10) of the statutes is amended to read:
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).