2001 Wisconsin Act 16

69.03 (5) Under this subchapter, accept for registration, assign a date of acceptance, and index and preserve original certificates of birth and death, original marriage documents and original divorce reports. Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, state file number. Notwithstanding s. 69.24 (1) (e), the state registrar may transfer the paper original of a vital record to optical disc or electronic format in accordance with s. 16.61 (5) or to microfilm reproduction in accordance with s. 16.61 (6) and destroy the paper original of any vital record that is so converted. For the purposes of this subchapter, the electronic format version or microfilm reproduction version of the paper original of a vital record that has been transferred under this subsection shall serve as the original vital record.

16,2063 Section 2063. 69.06 (2) of the statutes is amended to read:

69.06 (2) Make, file, and index an exact copy of every certificate accepted under sub. (1). Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.

16,2064 Section 2064. 69.07 (2) of the statutes is amended to read:

69.07 (2) Make, file, and index an exact copy of every vital record accepted under sub. (1) or received under s. 69.05 (3). Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.

16,2065b Section 2065b. 69.08 (1) of the statutes is amended to read:

69.08 (1) Is on a form prescribed or supplied for the record by the state registrar.

16,2067 Section 2067. 69.11 (3) (b) 2. of the statutes is amended to read:

69.11 (3) (b) 2. Cause of death, if the vital record is a death certificate and if the amendment is accompanied by a statement which that the person who signed the medical certificate part of the death certificate under s. 69.18 (2) certification has submitted to support the amendment.

16,2068 Section 2068. 69.11 (3) (b) 3. of the statutes is repealed.

16,2069 Section 2069. 69.11 (4) (b) of the statutes is amended to read:

69.11 (4) (b) If 365 days have elapsed since the occurrence of the event which is the subject of a birth certificate, the The state registrar may amend an item on the a birth certificate which that affects information about the name, sex, date of birth, place of birth, parents' surnames parent's name, or marital status of the mother on a birth certificate if 365 days have elapsed since the occurrence of the event that is the subject of the birth certificate, if the amendment is at the request of a person with a direct and tangible interest in the record and is on a request form supplied by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth certificate may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth certificate. This paragraph may not be used to add to or delete from a birth certificate the name of a parent or to change the identity of a parent named on the birth certificate.

16,2070 Section 2070. 69.11 (5) (a) 2. of the statutes is repealed and recreated to read:

69.11 (5) (a) 2. If the amendment changes the information on the vital record, do all of the following:

a. Record the correct information in the relevant area of the vital record.

b. Maintain legibility of the changed information by placing a single line through the changed entry, by recording the changed information elsewhere on the legal portion of the vital record, or both.

c. Make a notation on the vital record that clearly states that the vital record has been amended and that gives the number of the item corrected, the date of the correction, and the source of the amending information.

d. Initial the amendment notation specified in subd. 2. c.

16,2071 Section 2071. 69.12 (5) of the statutes is created to read:

69.12 (5) A change in the marital status on the certificate of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the certificate of birth. This section may not be used to add or delete the name of a parent on the certificate of birth or change the identity of either parent named on the certificate of birth.

16,2072 Section 2072. 69.13 of the statutes is created to read:

69.13 Correction of facts misrepresented by informant for certificate of birth. The state registrar may, under an order issued by the circuit court of the county in which a birth occurred, correct information about the parent or the marital status of the mother on a certificate of birth that is registered in this state if all of the following conditions apply:

(1) The correction may not be accomplished under s. 69.11, 69.12, or 69.15 because the disputed information was misrepresented by the informant during the preparation of the birth certificate.

(2) The state registrar receives, on a form prescribed by the state registrar, a court order that is accompanied by all of the following:

(a) A petition for correction filed by a person with a direct and tangible interest in the certificate of birth.

(b) Certification that all of the following supporting evidence, as listed by the court in the order, was presented in addition to oral testimony:

1. A certified copy of the original certificate of birth.

2. If the birth occurred in a hospital, a copy of the birth worksheet and any other supporting documentation from the hospital.

3. If the birth did not occur in a hospital, a statement from the birth attendant.

4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of divorce or annulment or a final divorce decree that indicates that the mother was not married to the person listed as her husband at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

5. A statement signed by the certificate of birth informant or the petitioner acknowledging that the disputed information was misrepresented.

(c) The supporting evidence specified in par. (b) 1. to 5.

(d) The fee specified under s. 69.22 (5) (b) 1.

16,2073 Section 2073. 69.14 (1) (a) 1. of the statutes is amended to read:

69.14 (1) (a) 1. Except as provided under subd. 2., a certificate of birth for every birth which that occurs in this state shall be filed in the registration district in which the birth occurs within 5 days after the birth and shall be registered with the state registrar, who shall register the birth under this subchapter and shall make a copy of the certificate of birth available to the registration district in which the birth occurred and the registration district in which the mother of the registrant resided at the time of the birth.

16,2074 Section 2074. 69.14 (1) (cm) of the statutes is amended to read:

69.14 (1) (cm) Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. From the appropriation under s. 20.445 (3) (mc) (dz), the department of workforce development shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.

16,2075 Section 2075. 69.15 (1) (b) of the statutes is amended to read:

69.15 (1) (b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

16,2077 Section 2077. 69.18 (1) (bm) (intro.) of the statutes is amended to read:

69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification under sub. (2). Within 2 days after receipt of the medical certification under sub. (2), the person filing the certificate of death shall mail or present the certificate of death , together with the fee required under s. 69.22 (7), in:

16,2078 Section 2078. 69.18 (1) (c) of the statutes is amended to read:

69.18 (1) (c) A hospital or, a nursing home, as defined in s. 50.01 (3), or a hospice, as defined in s. 50.90 (1), which is the place of death of a person may prepare a certificate of death for the person and give the certificate to the person who moves the corpse under par. (a).

16,2079 Section 2079. 69.18 (1) (d) of the statutes is amended to read:

69.18 (1) (d) A hospital or, nursing home, or hospice, as defined in s. 50.90 (1) (c), may not release a corpse to any person under par. (a) unless the person presents a notice of removal on a form prescribed by the state registrar, in duplicate, to the administrator of the hospital or , nursing home, or hospice. The administrator shall retain one copy and forward the other copy to the local registrar of the registration district in which the hospital or , nursing home, or hospice is located.

16,2080 Section 2080. 69.18 (1m) of the statutes is created to read:

69.18 (1m) Format. Beginning on January 1, 2003, a certificate of death shall consist of the following parts:

(a) Fact-of-death information, which shall include all of the following:

1. The name and other identifiers of the decedent, including the decedent's social security number, if any.

2. The date, time, and place that the decedent was pronounced dead.

3. The manner of the decedent's death.

4. The identity of the person certifying the death.

5. The dates of certification and filing of the certificate of death.

(b) Extended fact-of-death information, which includes all of the following:

1. All information under par. (a).

2. Information on final disposition and cause of death.

3. Injury-related data.

(c) Statistical-use-only information, which includes all of the following:

1. All information other than that under par. (b) that is collected on the standard death record form recommended by the federal agency responsible for national vital statistics.

2. Other data, as directed by the state registrar, including race, educational background, and health risk behavior.

16,2081 Section 2081. 69.18 (2) (a) of the statutes is amended to read:

69.18 (2) (a) On the form for a certificate of death prescribed by the state registrar under sub. (1) (b), the state registrar shall provide for a separate medical certification section to be completed under this subsection.

16,2082 Section 2082. 69.18 (2) (d) 1. of the statutes is amended to read:

69.18 (2) (d) 1. Except as provided under par. (e), if a death is the subject of a coroner's or medical examiner's determination under s. 979.01 or 979.03, the coroner or medical examiner or a physician supervised by a coroner or medical examiner in the county where the event which caused the death occurred shall complete and sign the medical certification part of the death certificate for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

16,2083 Section 2083. 69.18 (2) (d) 2. of the statutes is amended to read:

69.18 (2) (d) 2. Except as provided under par. (e), if the decedent was not under the care of a physician for the illness or condition from which the person died, the coroner or medical examiner, or a physician supervised by a coroner or medical examiner, in the county of the place of death shall complete and sign the medical certification part of the death certificate for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

16,2085 Section 2085. 69.20 (2) (a) of the statutes is renumbered 69.20 (2) (a) (intro.) and amended to read:

69.20 (2) (a) (intro.) Except as provided under sub. (3), information in the part of a birth certificate , of birth or divorce or annulment or a marriage document or divorce report that is designated on the form as being collected for statistical or medical and statistical use only and information in the part of a death certificate that is designated on the form as being collected as statistical-use-only information under s. 69.18 (1m) (c) may not be disclosed to any person except the subject following:

1. The subject of the information, or, if the subject is a minor, to his or her parent or guardian.

16,2086 Section 2086. 69.20 (2) (a) 2. of the statutes is created to read:

69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s. 69.18 (4) (a) 1. to 6. or an individual who is authorized in writing by one of the persons.

16,2087 Section 2087. 69.20 (2) (c) of the statutes is created to read:

69.20 (2) (c) Except as provided under sub. (3), until 50 years after a decedent's date of death, the state registrar and a local registrar may not permit inspection of or disclose information contained in the portion under s. 69.18 (1m) (b) 2. and 3. of the certificate of death to anyone except to a person specified under sub. (1), or to a direct descendent of the decedent.

16,2088 Section 2088. 69.20 (3) (e) of the statutes is repealed and recreated to read:

69.20 (3) (e) Public use indexes of certificates of birth, death, or divorce or annulment, or marriage documents that are filed in the system of vital statistics at the state or local level are accessible only by inspection at the office of the state registrar or of a local registrar and may not be copied or reproduced except as follows:

1. a. Certificate of birth index information may be copied or reproduced for the public only after 100 years have elapsed from the year in which the birth occurred. No information in the index that has been impounded under s. 69.15 may be released.

b. Subdivision 1. a. does not apply to certificate of birth indexes of events that occurred before October 1, 1907.

2. Indexes of certificates of death or divorce or annulment may be copied or reproduced for the public after 24 months have elapsed from the year in which the event occurred.

3. Beginning January 1, 2003, any information that is obtained from an index under subd. 1. or 2. and that is released shall contain the following statement: "This information is not a legal vital record index. Inclusion of any information does not constitute legal verification of the fact of the event."

16,2089 Section 2089. 69.20 (4) of the statutes is amended to read:

69.20 (4) The Under procedures that are promulgated by rule, the state registrar and every local registrar shall protect vital records from mutilation, alteration or, theft, or fraudulent use and shall protect the privacy rights of registrants and their families by strictly controlling direct access to any vital record filed or registered in paper form through procedures promulgated by rule.

16,2090 Section 2090. 69.21 (1) (a) 2. b. of the statutes is amended to read:

69.21 (1) (a) 2. b. Any information of the part of a birth certificate, of birth, death, or divorce or annulment or a marriage document or divorce report, the disclosure of which is limited under s. 69.20 (2) (a) and (c), unless the requester is the subject of the information or, for a decedent, unless the requester is specified in s. 69.20 (2) (a) 2.

16,2091 Section 2091. 69.21 (1) (b) 4. of the statutes is amended to read:

69.21 (1) (b) 4. Any A copy of a death certificate issued under par. (a) for a death that occurred before January 1, 2003, shall include, without limitation due to enumeration, the name, sex, date and place of death, age or birth date, cause and manner of death, and social security number, if any, of the decedent, and the file number and the file date of the certificate, except that a requester may, upon request, obtain a copy that does not include the cause of death.

16,2092 Section 2092. 69.21 (1) (b) 5. of the statutes is created to read:

69.21 (1) (b) 5. A copy of a death certificate issued under par. (a) for a death that occurs after December 31, 2002, shall be on a form that contains only fact-of-death information specified in s. 69.18 (1m) (a), except that a requester may, upon request, obtain a form that contains extended fact-of-death information specified in s. 69.18 (1m) (b).

16,2093 Section 2093. 69.22 (1) (intro.) of the statutes is amended to read:

69.22 (1) (intro.) The Except as provided in subs. (6) and (7), the state registrar and any local registrar acting under this subchapter shall collect the following fees: