1999ÊIntroducedÊProposals
                                      1999 - 2000 LEGISLATURE

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                                 1999 Ê ASSEMBLY BILLÊ 608Ê 
                                                  Ê

 December 1, 1999 - Introduced by Representatives Boyle, Pocan, Berceau, Black, 
        Bock, Carpenter, Miller, Travis and Young, cosponsored by Senator Risser. 
        Referred to Committee on Family Law.

 Pg1Ln1  An Act to amend 69.16 (1); and to create chapter 770 of the statutes; relating
 Pg1Ln2  to: domestic partnership.
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                                Analysis by the Legislative Reference Bureau
       
Current law specifies the requirements for contracting and for dissolving a
marriage, which is defined in the statutes as a civil contract creating the legal status
of husband and wife.Ê In addition, the statutes set out various rights and
responsibilities that apply to married persons or that result from the legal status of
marriage.

       
This bill provides requirements for forming a legal relationship of domestic
partnership.Ê Under the bill, a domestic partnership may be formed by two
individuals who are at least 18 years old and who are not married or in another
domestic partnership.Ê The individuals may not be related to each other by blood in
any way that would prohibit them from marrying under the laws of the state
(generally, not nearer of kin than second cousins) and must consider themselves to
be members of each other's immediate family.

The procedure for obtaining a declaration of domestic partnership is similar to
the procedure for obtaining a marriage license.Ê The individuals apply for a
declaration of domestic partnership to the county clerk of the county in which at least
one of them has resided for at least 30 days.Ê The application must be subscribed to
by the parties, who must submit proof of identification to the county clerk.Ê Just as
with an application for a marriage license, the application must contain the social
security numbers of the parties, as well as any other information that the
department of health and family services directs.Ê Just as with an application for a
marriage license, a portion of the application for a declaration of domestic
partnership contains information that is collected for statistical purposes only and
 is not open to public inspection.Ê If the parties fulfill all of the requirements for
forming a domestic partnership, the clerk issues to the parties a declaration of
domestic partnership.Ê The parties must complete the declaration, sign it in front of
a notary and submit it to the register of deeds of the county in which they reside.
After recording the declaration, the register of deeds must send the original to the
state registrar of vital statistics.
    
The bill provides that any state statute or rule that applies to a married person
or a formerly married person, such as a widow, applies in the same respect to a
domestic partner or a person who was formerly a domestic partner; that any state
statute or rule that applies to marriage or a marital relationship, including
dissolution of a marriage, applies in the same respect to a domestic partnership; and
that any state statute or rule that applies to a marriage document applies in the same
respect to a declaration of domestic partnership.Ê Thus, under the bill for example,
the statutory divorce procedure and property division would apply to the dissolution
of a domestic partnership; the marital property provisions of current law would apply
to domestic partners; a domestic partner would have the same intestate inheritance
rights as a spouse and the same election rights under a will; domestic partners would
 be entitled to adopt; domestic partners could file joint state income tax returns; a
domestic partner could consent to an autopsy on the body of his or her deceased
domestic partner; a domestic partner could make a claim for loss of society and
companionship in the event of the wrongful death of his or her domestic partner;
domestic partners could obtain a combined fishing license; a domestic partner would
have an evidentiary privilege to prevent his or her domestic partner from testifying
as to any private communication between the two during their domestic partnership;
and a domestic partner could receive death benefits under the worker's
compensation law as the result of the employment-related death of his or her
domestic partner.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
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        The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:

Ê       AB608, s. 1       
 Pg2Ln1              Section 1.Ê 69.16 (1) of the statutes is amended to read:

Ê       AB608, s. 1 - continued       
 Pg2Ln2              69.16 (1)Ê The Except as provided in ch. 770, the form, content, application for
 Pg2Ln3       and registration of marriage documents shall be under ch. 765.

Ê       AB608, s. 2       
 Pg2Ln4              Section 2.Ê Chapter 770 of the statutes is created to read:


 Pg2Ln5       Chapter 770


 Pg3Ln1       Domestic partnership

Ê       AB608, s. 2 - continued       
 Pg3Ln2              770.01Ê Definitions.Ê In this chapter:

Ê       AB608, s. 2 - continued       
 Pg3Ln3              (1)Ê "Domestic partner" means an individual who has signed and filed a
 Pg3Ln4       declaration of domestic partnership in the office of the register of deeds of the county
 Pg3Ln5       in which he or she resides.

Ê       AB608, s. 2 - continued       
 Pg3Ln6              (2)Ê "Domestic partnership" means the legal relationship that is formed
 Pg3Ln7       between 2 individuals under this chapter.

Ê       AB608, s. 2 - continued       
 Pg3Ln8              770.05Ê Criteria for forming a domestic partnership.Ê Two individuals may
 Pg3Ln9       form a domestic partnership if they fulfill all of the following criteria:

Ê       AB608, s. 2 - continued       
 Pg3Ln10              (1)Ê Each individual is at least 18 years old and otherwise competent to enter
 Pg3Ln11       into a contract.

Ê       AB608, s. 2 - continued       
 Pg3Ln12              (2)Ê Neither individual is married to, or registered in a domestic partnership
 Pg3Ln13       with, another individual.

Ê       AB608, s. 2 - continued       
 Pg3Ln14              (3)Ê The 2 individuals are not related by blood in any way that would prohibit
 Pg3Ln15       marriage under s. 765.03.

Ê       AB608, s. 2 - continued       
 Pg3Ln16              (4)Ê The 2 individuals consider themselves to be members of each other's
 Pg3Ln17       immediate family.

Ê       AB608, s. 2 - continued       
 Pg3Ln18              770.07Ê Application.Ê (1) (a)Ê Individuals who wish to form a domestic
 Pg3Ln19       partnership shall apply for a declaration of domestic partnership to the county clerk
 Pg3Ln20       of the county in which at least one of the individuals has resided for at least 30 days
 Pg3Ln21       immediately before applying.

Ê       AB608, s. 2 - continued       
 Pg3Ln22              (b) 1.Ê Except as provided in subd. 2., the county clerk may not issue a
 Pg3Ln23       declaration of domestic partnership until at least 5 days after receiving the
 Pg3Ln24       application for the declaration of domestic partnership.

Ê       AB608, s. 2 - continued       
 Pg4Ln1              2.Ê The county clerk may, at his or her discretion, issue a declaration of domestic
 Pg4Ln2       partnership less than 5 days after application if the applicant pays an additional fee
 Pg4Ln3       of not more than $10 to cover any increased processing cost incurred by the county.
 Pg4Ln4       The county clerk shall pay this fee into the county treasury.

Ê       AB608, s. 2 - continued       
 Pg4Ln5              (c)Ê No declaration of domestic partnership may be issued unless the application
 Pg4Ln6       for it is subscribed to by the parties intending to form the domestic partnership; it
 Pg4Ln7       contains the social security number of each party who has a social security number;
 Pg4Ln8       and it is filed with the clerk who issues the declaration of domestic partnership.

Ê       AB608, s. 2 - continued       
 Pg4Ln9              (d)Ê Each party shall present satisfactory, documentary proof of identification
 Pg4Ln10       and residence and shall swear, or affirm, to the application before the clerk who is
 Pg4Ln11       to issue the declaration of domestic partnership.Ê In addition to the social security
 Pg4Ln12       number of each party who has a social security number, the application shall contain
 Pg4Ln13       such informational items as the department of health and family services directs.
 Pg4Ln14       The portion of the application form that is collected for statistical purposes only shall
 Pg4Ln15       indicate that the address of an applicant may be provided by a county clerk to a law
 Pg4Ln16       enforcement officer under the conditions specified under s. 770.18 (2).Ê Each
 Pg4Ln17       applicant who is under 30 years of age shall exhibit to the clerk a certified copy of a
 Pg4Ln18       birth certificate, and any applicant shall submit a copy of any judgments or a death
 Pg4Ln19       certificate affecting the domestic partnership status.Ê If such certificate or judgment
 Pg4Ln20       is unobtainable, other satisfactory documentary proof may be presented instead.
 Pg4Ln21       Whenever the clerk is not satisfied with the documentary proof presented, he or she
 Pg4Ln22       shall submit the proof, for an opinion as to its sufficiency, to a judge of a court of record
 Pg4Ln23       in the county of application.

Ê       AB608, s. 2 - continued       
 Pg4Ln24              (2)Ê If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a
 Pg4Ln25       declaration of domestic partnership.Ê With each declaration of domestic partnership
 Pg5Ln1       the county clerk shall provide a pamphlet describing the causes and effects of fetal
 Pg5Ln2       alcohol syndrome.Ê After the application for the declaration of domestic partnership
 Pg5Ln3       the clerk shall, upon the sworn statement of either of the applicants, correct any
 Pg5Ln4       erroneous, false or insufficient statement in the application which shall come to the
 Pg5Ln5       clerk's attention and shall show the corrected statement, as soon as reasonably
 Pg5Ln6       possible, to the other applicant.

Ê       AB608, s. 2 - continued       
 Pg5Ln7              770.10Ê Completion and filing of declaration.Ê In order to form the legal
 Pg5Ln8       status of domestic partners, the individuals shall complete the declaration of
 Pg5Ln9       domestic partnership, sign the declaration, having their signatures acknowledged
 Pg5Ln10       before a notary, and submit the declaration to the register of deeds of the county in
 Pg5Ln11       which they reside.Ê The register of deeds shall record the declaration and forward the
 Pg5Ln12       original to the state registrar of vital statistics.

Ê       AB608, s. 2 - continued       
 Pg5Ln13              770.15Ê Forms for declaration.Ê (1)Ê The application and declaration of
 Pg5Ln14       domestic partnership under s. 770.07 shall contain such information as the
 Pg5Ln15       department of health and family services determines is necessary.Ê The form for the
 Pg5Ln16       declaration of domestic partnership shall require both individuals forming a
 Pg5Ln17       domestic partnership to sign the form and attest to fulfilling all of the criteria under
 Pg5Ln18       s. 770.05 (1) to (4).

Ê       AB608, s. 2 - continued       
 Pg5Ln19              (2)Ê The department of health and family services shall prepare and distribute
 Pg5Ln20       forms under sub. (1) in sufficient quantities to each county clerk.


       AB608, s. 2 - continued       
 Pg5Ln21              770.17Ê Fee to county clerk.Ê Each county clerk shall receive as a fee for each
 Pg5Ln22       declaration of domestic partnership issued the same amount that the clerk receives
 Pg5Ln23       for issuing a marriage license under s. 765.15.Ê Of the amount that the clerk receives
 Pg5Ln24       under this section, the clerk shall pay into the state treasury the same amount that
 Pg5Ln25       the clerk pays into the state treasury from the fee collected for issuing a marriage
 Pg6Ln1       license.Ê The remainder shall become a part of the funds of the county.Ê For each
 Pg6Ln2       declaration of domestic partnership issued, the clerk shall also receive a standard
 Pg6Ln3       notary fee in the same amount that the clerk receives as a standard notary fee in
 Pg6Ln4       connection with issuing a marriage license and that may be retained by the clerk if
 Pg6Ln5       the clerk is operating on a fee or part-fee basis but which otherwise shall become part
 Pg6Ln6       of the funds of the county.

Ê       AB608, s. 2 - continued       
 Pg6Ln7              770.18Ê Records.Ê (1)Ê The county clerk shall keep among the records in the
 Pg6Ln8       office a suitable book called the declaration of domestic partnership docket and shall
 Pg6Ln9       enter therein a complete record of the applications for and the issuing of all
 Pg6Ln10       declarations of domestic partnership, and of all other matters which the clerk is
 Pg6Ln11       required by this chapter to ascertain related to the rights of any person to obtain a
 Pg6Ln12       declaration of domestic partnership.Ê An application may be recorded by entering
 Pg6Ln13       into the docket the completed application form, with any portion collected only for
 Pg6Ln14       statistical purposes removed.Ê The declaration of domestic partnership docket shall
 Pg6Ln15       be open for public inspection or examination at all times during office hours.

Ê       AB608, s. 2 - continued       
 Pg6Ln16              (2)Ê A county clerk may provide the name of a declaration of domestic
 Pg6Ln17       partnership applicant and, from the portion of the application form that is collected
 Pg6Ln18       for statistical purposes, as specified under sub. (1), may provide the address of the
 Pg6Ln19       declaration of domestic partnership applicant to a law enforcement officer, as defined
 Pg6Ln20       in s. 51.01 (11).Ê A county clerk shall provide the name and, if it is available, the
 Pg6Ln21       address, to a law enforcement officer who requests, in writing, the name and address
 Pg6Ln22       for the performance of an investigation or the service of a warrant.Ê If a county clerk
 Pg6Ln23       has not destroyed the portion of the declaration of domestic partnership application
 Pg6Ln24       form that is collected for statistical purposes, he or she shall keep the information
 Pg6Ln25       on the portion confidential, except as authorized under this subsection.Ê If a written
 Pg7Ln1       request is made by a law enforcement officer under this subsection, the county clerk
 Pg7Ln2       shall keep the request with the declaration of domestic partnership application form.
 Pg7Ln3       If the county clerk destroys the declaration of domestic partnership application form,
 Pg7Ln4       he or she shall also destroy the written request.

Ê       AB608, s. 2 - continued       
 Pg7Ln5              770.20Ê Effect of forming domestic partnership.Ê Except in ch. 765, all of
 Pg7Ln6       the following apply:

Ê       AB608, s. 2 - continued       
 Pg7Ln7              (1)Ê Any statute or rule that applies to a married person or a formerly married
 Pg7Ln8       person; including but not limited to a spouse; husband, if appropriate; wife, if
 Pg7Ln9       appropriate; widow, if appropriate; widower, if appropriate; or family member that
 Pg7Ln10       includes a spouse; applies in the same respect to a domestic partner or a person who
 Pg7Ln11       was formerly a domestic partner.

Ê       AB608, s. 2 - continued       
 Pg7Ln12              (2)Ê Any statute or rule that applies to marriage or a marital relationship,
 Pg7Ln13       including dissolution of a marriage, applies in the same respect to a domestic
 Pg7Ln14       partnership.

Ê       AB608, s. 2 - continued       
 Pg7Ln15              (3)Ê Any statute or rule that applies to a marriage license, certificate or
 Pg7Ln16       document, including the application or an applicant for such a document, applies in
 Pg7Ln17       the same respect to a declaration of domestic partnership.

Ê       AB608, s. 3       
 Pg7Ln18              Section 3. Effective date.

Ê       AB608, s. 3 - continued       
 Pg7Ln19              (1) This act takes effect on the first day of the 13th month beginning after
 Pg7Ln20       publication.

 Pg7Ln21       (End)
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