LRB-4899/1
SWB:ahe
2017 - 2018 LEGISLATURE
January 30, 2018 - Introduced by Representatives Ballweg, Berceau, Doyle,
Jacque, Kolste, Krug, Novak, Sinicki, Tusler, Vruwink, Zimmerman,
VanderMeer, Spiros and Thiesfeldt, cosponsored by Senators Olsen, Testin,
Bewley, Marklein and Ringhand. Referred to Committee on Local
Government.
AB898,3,2 1An Act to repeal 69.04 (1) (a) 1., 69.04 (2) (b), 69.05 (2), (3) and (3m), 69.06 (2),
2(3) and (5), 69.07 (2), 69.08 (6), 69.10 (1) (a), 69.11 (5) (a) 2. d., 69.14 (1) (a) 2.
3and 3., 69.14 (3) (b), 69.18 (1m) (a) 3., 69.22 (4) and 69.23; to renumber and
4amend
69.04 (1) (a) 2. and 69.14 (1) (a) 1.; to consolidate, renumber and
5amend
69.10 (1) (intro.) and (b); and to amend 40.71 (3) (a), 40.73 (3) (c),
648.195 (1), 48.385 (2), 48.43 (4), 48.432 (1) (am) 1., 48.433 (2), (3) (a) and (8) (a),
748.94 (title), (1) and (2) (intro.), 48.978 (3) (g) 2., 49.22 (7g) (a), 49.785 (1r) (b),
849.84 (2), 59.365 (1) (b) and (3) (a), 59.43 (1c) (b), 69.01 (1r), 69.01 (8), 69.01 (10),
969.01 (11), 69.01 (15) (b), 69.01 (16m), 69.01 (19), 69.01 (21), 69.01 (24), 69.01
10(25) (intro.), 69.01 (26) (a), 69.01 (26) (c), 69.01 (27), 69.02 (1) (a), 69.03 (2), 69.03
11(3), 69.03 (4), 69.03 (5), 69.03 (6), 69.03 (7), 69.03 (8), 69.03 (11), 69.03 (14), 69.03
12(15), 69.035 (4), 69.04 (2) (a), 69.04 (2) (c), 69.04 (3) (a), 69.05 (4), 69.06 (1), 69.07
13(1), 69.08 (1), 69.08 (2), 69.08 (3), 69.08 (5), 69.08 (7), 69.11 (3) (b) 1., 69.11 (3)
14(b) 2., 69.11 (3) (c) (intro.), 69.11 (3) (e) 1., 69.11 (4) (b), 69.11 (5) (b), 69.12 (1),

169.12 (2), 69.12 (3), 69.12 (4), 69.12 (5), 69.13 (intro.) and (1), 69.13 (2) (a), 69.13
2(2) (b) 1., 69.13 (2) (b) 4., 69.13 (2) (b) 5., 69.14 (1) (b), 69.14 (1) (c) (intro.), 69.14
3(1) (d), (e), (f), (g) and (h), 69.14 (2) (a), 69.14 (2) (b) 1. and 2. (intro.), 3. a., b. and
4d., 4. (intro.), 5., 6., 7. (intro.) and 8. (intro.) and a., 69.14 (3) (a) (intro.) and 6.,
569.14 (3) (c), 69.145 (title), (1) (a), (b) and (c), (2) (a), (b) and (c), (3) and (4) (a)
6and (b) (intro.), 1. and 2., 69.15 (title), (1) (intro.) and (b), (2) (a) (intro.), 2., 5.
7and 6., (b), (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3. and (e), (3) (a) (intro.),
81., 2., 3. and 4., (b) 1., 3. and 4. (intro.), (c) and (d), (3m) (a) 2. and 3. and (b), (4)
9(a) and (b), (4m) (a) 1. and (b), (5) and (6) (title), (a), (b) and (c), 69.16 (2), 69.17,
1069.18 (1) (b) (intro.), 69.18 (1) (bm) (intro.), 69.18 (1) (c), 69.18 (1) (cm) 1. (intro.),
1169.18 (1) (d), 69.18 (1m) (intro.), 69.18 (1m) (a) 5., 69.18 (1m) (b) 2., 69.18 (2) (a),
12(b), (d) 1. and 2., (e) and (f) 1. and 3. and (3) (a), 69.19, 69.20 (2) (a) (intro.) and
132. and (c), (3) (b) 4., (c) and (e) (intro.), 1. a. and b. and 2. and (4), 69.21 (1) (a)
141., 69.21 (1) (a) 2. (intro.), 69.21 (1) (a) 2. b., 69.21 (1) (a) 2. c., 69.21 (1) (b) 2.,
1569.21 (1) (b) 3., 69.21 (1) (b) 4., 69.21 (1) (b) 5., 69.21 (2) (a), 69.21 (3), 69.21 (4)
16(b), 69.22 (1) (c), 69.22 (1) (cm), 69.22 (1m), 69.22 (1q) (c), 69.22 (5) (a) 3., 69.22
17(5) (b) 2., 69.24 (1) (b), 69.24 (1) (c), 69.24 (1) (d), 69.24 (1) (e), 69.24 (1) (h), 69.24
18(2) (a), 69.24 (2) (b), 100.545 (1) (h) 2., 103.34 (3) (a) 3., 103.73 (1) (a), 103.76,
19214.37 (4) (k) 2., 215.26 (8) (e) 2., 343.125 (2) (a) 2., 343.14 (2r), 343.50 (8) (c) 2.,
20445.13 (1m) (a), 445.13 (1m) (b), 711.05 (1) (b), 711.12 (7) (a), 765.002 (4), 765.09
21(3) (b), 767.80 (6m), 767.803, 767.805 (5) (b), 767.805 (6) (c), 767.87 (1m) (intro.),
22767.89 (2) (b) 1., 2. and 3., 770.07 (1) (d) 2., 770.10, 770.12 (3), 786.36 (2), 786.36
23(2m) (a) and (b), 867.045 (1) (intro.), 867.046 (2) (intro.), 891.09 (1), 891.39 (3),

1891.395, 895.4803, 938.385 (2), 948.11 (2) (c) and 979.01 (1) (h) of the statutes;
2relating to: changes to vital records references and procedures.
Analysis by the Legislative Reference Bureau
This bill makes various changes to chapter 69 and related provisions to
accommodate the use of electronic records. With certain exceptions relating to
marriage documentation, the bill changes terminology to reference “records” rather
than “certificates” or “documents.” The bill also eliminates unnecessary terminology
by grouping references to certain records. Finally, the bill extends the incorporation
of references to a “system of vital records” to accommodate and refer to the issuance
of records through the use of an electronic system.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB898,1 3Section 1. 40.71 (3) (a) of the statutes is amended to read:
AB898,3,54 40.71 (3) (a) A copy of the death certificate record of the participant or
5annuitant;
AB898,2 6Section 2. 40.73 (3) (c) of the statutes is amended to read:
AB898,3,127 40.73 (3) (c) Whenever any death benefit is payable in the form of an annuity,
8the annuity may begin on the day following the date of death of the participant or
9annuitant if the department has received a copy of the death certificate record of the
10participant or annuitant, and a written application of the beneficiary for the benefit,
11subject to the same restrictions on effective dates as set forth for retirement
12annuities.
AB898,3 13Section 3. 48.195 (1) of the statutes, as affected by 2017 Wisconsin Act 12, is
14amended to read:
AB898,4,1715 48.195 (1) Taking child into custody. In addition to being taken into custody
16under s. 48.19, a child whom a law enforcement officer, emergency medical services
17practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes

1to be 72 hours old or younger may be taken into custody under circumstances in
2which a parent of the child relinquishes custody of the child to the law enforcement
3officer, emergency medical services practitioner, or hospital staff member and does
4not express an intent to return for the child. If a parent who wishes to relinquish
5custody of his or her child under this subsection is unable to travel to a sheriff's office,
6police station, fire station, hospital, or other place where a law enforcement officer,
7emergency medical services practitioner, or hospital staff member is located, the
8parent may dial the telephone number “911" or, in an area in which the telephone
9number “911" is not available, the number for an emergency medical service
10provider, and the person receiving the call shall dispatch a law enforcement officer
11or emergency medical services practitioner to meet the parent and take the child into
12custody. A law enforcement officer, emergency medical services practitioner, or
13hospital staff member who takes a child into custody under this subsection shall take
14any action necessary to protect the health and safety of the child, shall, within 24
15hours after taking the child into custody, deliver the child to the intake worker under
16s. 48.20, and shall, within 5 days after taking the child into custody, file a birth
17certificate record for the child under s. 69.14 (3).
AB898,4 18Section 4. 48.385 (2) of the statutes is amended to read:
AB898,5,219 48.385 (2) Identification documents and other information. Except as
20provided in this subsection, ensure that the child is in possession of a certified copy
21of the child's birth certificate record, a social security card issued by the federal social
22security administration, information on maintaining health care coverage, a copy of
23the child's health care records, and either an operator's license issued under ch. 343
24or an identification card issued under s. 343.50. If the child is not in possession of
25any of those documents or that information, the agency shall assist the child in

1obtaining any missing document or information. This subsection does not apply to
2a child who has been placed in out-of-home care for less than 6 months.
AB898,5 3Section 5. 48.43 (4) of the statutes is amended to read:
AB898,5,94 48.43 (4) A certified copy of the order terminating parental rights shall be
5furnished by the court to the agency given guardianship for placement for adoption
6of the child or to the person appointed as the guardian of the child under s. 48.977
7(2). The court shall, upon request, furnish a certified copy of the child's birth
8certificate record and a transcript of the testimony in the termination of parental
9rights hearing to the same person or agency.
AB898,6 10Section 6. 48.432 (1) (am) 1. of the statutes is amended to read:
AB898,5,1211 48.432 (1) (am) 1. The mother designated on the individual's or adoptee's
12original birth certificate record.
AB898,7 13Section 7. 48.433 (2), (3) (a) and (8) (a) of the statutes are amended to read:
AB898,5,2114 48.433 (2) Any birth parent whose rights have been terminated in this state
15at any time, or who has consented to the adoption of his or her child in this state
16before February 1, 1982, may file with the department, or agency contracted with
17under sub. (11), an affidavit authorizing the department or agency to provide the
18child with his or her original birth certificate record and with any other available
19information about the birth parent's identity and location. An affidavit filed under
20this subsection may be revoked at any time by notifying the department or agency
21in writing.
AB898,5,22 22(3) (a) The person's original birth certificate record.
AB898,6,6 23(8) (a) If a birth parent is known to be deceased, the department, or agency
24contracted with under sub. (11), shall so inform the requester. The department or
25agency shall provide the requester with the identity of the deceased parent. If both

1birth parents are known to be deceased, the department or agency shall provide the
2requester with his or her original birth certificate record. If only one birth parent is
3known to be deceased, the department or agency shall provide the requester with his
4or her original birth certificate record and any available information it has on file
5regarding the identity and location of the other birth parent if the other birth parent
6has filed an unrevoked affidavit under sub. (2).
AB898,8 7Section 8. 48.94 (title), (1) and (2) (intro.) of the statutes are amended to read:
AB898,6,16 848.94 (title) New birth certificate record. (1) After entry of the order
9granting the adoption the clerk of the court shall promptly mail a copy thereof to the
10state bureau of vital statistics records and furnish any additional data needed for the
11new birth certificate record. Whenever the parents by adoption, or the adopting
12parent and a birth parent who is the spouse of the adopting parent, request, that the
13birth certificate record for the person adopted be not changed, then the court shall
14so order. In such event no new birth certificate record shall be filed by the state
15registrar of vital statistics, notwithstanding the provisions of s. 69.15 (2) or any other
16law of this state.
AB898,6,22 17(2) (intro.) If the court issues an order under s. 69.15 (2) (d) to restore the
18information from an adoptee's original birth certificate record, the state registrar
19shall issue a new birth certificate record containing the information from the
20adoptee's original birth certificate record, except for the adoptee's given name at
21birth, if different. The restoration of any birth parent's name on the adoptee's birth
22certificate record does not do any of the following:
AB898,9 23Section 9. 48.978 (3) (g) 2. of the statutes is amended to read:
AB898,7,3
148.978 (3) (g) 2. That the standby guardian has received a determination of
2incapacity, a death certificate record, or a determination of debilitation and written
3consent, as provided in par. (c) 1., 2. or 3., whichever is applicable.
AB898,10 4Section 10. 49.22 (7g) (a) of the statutes is amended to read:
AB898,7,85 49.22 (7g) (a) Training to hospital staff members concerning the form
6acknowledgment that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and
7concerning the significance and benefits of, and alternatives to, of establishing
8paternity.
AB898,11 9Section 11. 49.785 (1r) (b) of the statutes is amended to read:
AB898,7,1110 49.785 (1r) (b) Fees assessed for the signing of a death certificate record by a
11coroner or medical examiner.
AB898,12 12Section 12. 49.84 (2) of the statutes is amended to read:
AB898,7,1913 49.84 (2) At the time of application, the agency administering the public
14assistance program shall apply to the department of health services for a certified
15copy of a birth certificate record for the applicant if the applicant is required to
16provide a birth certificate record or social security number as part of the application
17and for any person in the applicant's household who is required to provide a birth
18certificate record or social security number. The department of health services shall
19provide without charge any copy for which application is made under this subsection.
AB898,13 20Section 13. 59.365 (1) (b) and (3) (a) of the statutes are amended to read:
AB898,7,2221 59.365 (1) (b) Fees assessed for the signing of a death certificate record by a
22coroner or medical examiner.
AB898,8,7 23(3) (a) Notwithstanding subs. (1) (a) and (b) and (2), if a board that had been
24providing coroner or lay medical examiner services begins providing physician
25medical examiner services under an intergovernmental cooperation agreement

1under s. 66.0301 after December 31, 2015, and before April 1, 2016, the board may
2one time set the fee assessed for the signing of a death certificate record at an amount
3exceeding the amount that was in effect on April 17, 2015, by not more than $100 and
4may one time set the fee assessed for the issuance of a cremation permit at an amount
5exceeding the amount that was in effect on April 17, 2015, by not more than $100.
6Fees under this paragraph may be established without regard to any change in the
7U.S. consumer price index.
AB898,14 8Section 14. 59.43 (1c) (b) of the statutes is amended to read:
AB898,8,109 59.43 (1c) (b) Perform the duties that are related to vital statistics records
10under ss. 69.05 and 69.07.
AB898,15 11Section 15. 69.01 (1r) of the statutes is amended to read:
AB898,8,1312 69.01 (1r) “Certificate of termination of domestic partnership" means a
13certificate record issued by a county clerk under s. 770.12 (3).
AB898,16 14Section 16. 69.01 (8) of the statutes is amended to read:
AB898,8,1815 69.01 (8) “Direction of the state registrar" means the determination in
16individual cases that statutes are being observed, the issuance of administrative
17rules, the imposition of statutory penalties and the maintenance of communications
18within the system of vital statistics records.
AB898,17 19Section 17. 69.01 (10) of the statutes is amended to read:
AB898,8,2220 69.01 (10) “File" means the acceptance by the local registrar and the initial
21incorporation of vital records provided under this subchapter into the system of vital
22statistics records.
AB898,18 23Section 18. 69.01 (11) of the statutes is amended to read:
AB898,8,2524 69.01 (11) “Filing party" means any person who submits a vital record to a local
25registrar for filing in the system of vital statistics records.
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