Desk Reference to Wisconsin s Domestic Partnership Laws Table of Contents I. Selected Portions of Chapter 40 Page Chapter 40: Public Employee Trust Fund 40.02 Definitions... 3 40.08 Benefit assignments and corrections... 12 40.23 Retirement annuities... 16 40.24 Annuity options... 18 40.25 Lump sum payments... 20 40.51 Health care coverage... 20 40.55 Long-term care coverage... 21 40.65 Duty disability and death benefits; protective occupation participants... 22 40.80 State deferred compensation plan... 24 II. Domestic Partnership (Chapter 770)... 29 III. Selected Statutes (Chapters 50 980) Chapter 50: Uniform Licensure 50.032 Certification of certain adult family homes... 33 50.033 Licensure of certain adult family homes... 33 50.034 Residential care apartment complexes... 34 50.035 (2d) Special provisions relating to regulation of community-based residential facilities (accompaniment or visitation)... 34 50.04 (2d) Special provisions applying to licensing and regulation of nursing homes (accompaniment or visitation)... 34 50.06 Certain admissions to facilities... 34 50.09 Rights of residents in certain facilities... 35 50.36 Rules and standards... 37 50.94 Admission to and care in a hospice for certain incapacitated persons... 38 50.942 Accompaniment or visitation... 38 vii
Chapter 51: State Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act 51.30 Records... 39 Chapter 66: General Municipality Law 66.0137 Provision of insurance... 44 Chapter 69: Collection of Statistics 69.01 Definitions... 44 69.03 Powers and duties of state registrar... 45 69.20 Disclosure of information from vital records... 46 69.24 Penalties... 47 Chapter 77: Taxation of Forest Croplands; Real Estate Transfer Fees; Sales and Use Taxes; County, Transit Authority, and Special District Sales and Use Taxes; Managed Forest Land; Recycling Surcharge; Local Food and Beverage Tax; Local Rental Car Tax; Premier Resort Area Taxes; State Rental Vehicle Fee; Dry Cleaning Fees; Southeastern Regional Transit Authority Fee 77.25 Exemptions from fee... 47 Chapter 101: Department of Commerce C Regulation of Industry, Buildings and Safety 101.9208 Fees... 48 Chapter 102: Worker s Compensation 102.475 Death benefit; law enforcement and correctional officers, fire fighters, rescue squad members, diving team members, national or state guard members and emergency management personnel... 49 102.49 Additional death benefit for children, state fund... 49 102.51 Dependents... 50 102.64 Attorney general shall represent state and commission... 51 Chapter 103: Employment Regulations 103.10 Family or medical leave... 51 103.165 Employee s cash bonds to be held in trust duty of employer; penalty... 54 Chapter 109: Wage Payments, Claims and Collections 109.03 When wages payable; pay orders... 54 Chapter 146: Miscellaneous Health Provisions 146.81 Health care records; definitions... 54 viii
Chapter 155: Power of Attorney for Health Care 155.01 Definitions... 55 155.10 Power of attorney for health care instrument; execution; witnesses... 55 155.30 Power of attorney for health care instrument; form... 55 155.40 Revocation of power of attorney for health care... 58 Chapter 157: Disposition of Human Remains 157.05 Autopsy... 58 157.06 Anatomical gifts... 58 Chapter 243: General Provisions Relating to Fraudulent Conveyances and Contracts... 62 243.10 Wisconsin basic power of attorney for finances and property... 62 Chapter 252: Communicable Diseases 252.16 Health insurance premium subsidies... 66 252.17 Medical leave premium subsidies... 67 Chapter 301: Corrections 301.046 Community residential confinement... 68 301.048 Intensive sanctions program... 69 301.38 Notification of victims and witnesses about prisoner escapes... 71 301.46 Access to information concerning sex offenders... 71 Chapter 302: Prisons; State, County and Municipal 302.105 Notification prior to expiration of sentence... 71 Chapter 304: Paroles and Pardons 304.06 Release to parole or extended supervision from state prisons and house of correction... 72 304.09 Notice of pardon application... 74 Chapter 321: Department of Military Affairs 321.62 Service members civil relief; state active duty... 74 Chapter 342: Vehicle Title and Anti-Theft Law 342.14 Fees... 74 342.17 Involuntary transfers... 75 Chapter 614: Insurance Fraternals 614.10 Members and applicants in fraternals... 75 Chapter 700: Interests in Property 700.19 Creation of joint tenancy... 76 ix
Chapter 851: Probate Definitions and General Provisions 851.08 Domestic partner... 76 851.17 Net estate... 76 851.295 Surviving domestic partner... 76 Chapter 852: Intestate Succession 852.01 Basic rules for intestate succession... 76 852.09 Assignment of home to surviving spouse or surviving domestic partner... 77 Chapter 853: Wills 853.11 Revocation... 77 853.12 Premarital will or predomestic partnership will... 77 Chapter 854: Transfers at Death General Rules 854.15 Revocation of provisions in favor of former spouse or former domestic partner... 78 Chapter 859: Probate Claims 859.25 Priority of payment of claims and allowances... 78 Chapter 861: Probate Family Rights 861.21 Assignment of home to surviving spouse or surviving domestic partner... 79 861.31 Allowance to family during administration... 79 861.33 Selection of personalty by surviving spouse or surviving domestic partner... 79 861.35 Special allowance for support of spouse or domestic partner and support and education of minor children... 80 861.41 Exemption of property to be assigned to surviving spouse or surviving domestic partner... 80 Chapter 867: Probate Summary Procedures 867.01 Summary settlement of small estates... 80 Chapter 895: Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts 895.04 Plaintiff in wrongful death action... 81 Chapter 905: Evidence Privileges 905.05 Husband-wife and domestic partner privilege... 82 x
Chapter 949: Awards for the Victims of Crimes 949.01 Definitions... 83 949.06 Computation of award... 83 Chapter 971: Criminal Procedure Proceedings Before and After Trail 971.17 Commitment of persons found not guilty by reason of mental disease or mental defect... 84 Chapter 980: Sexually Violent Person Commitments 980.11 Notice concerning supervised release or discharge... 86 IV. Understanding Domestic Relationships in Wisconsin by Howard A. Sweet... 89 V. Wisconsin s New Domestic Partnership Law by Attorney Ruth J. Irvings... 97 VI. Wisconsin Domestic Partnership Protections Reference Guide by Fair Wisconsin... 107 VII. County Clerk and Register of Deeds Domestic Partnership Reference Guide compiled by Fair Wisconsin... 113 VIII. Information on Domestic Partnerships by Wisconsin Department of Employee Trust Funds... 119 xi