Amendment SSA1-SB760

SB760-SSA1,46,7 765.09 (3) (b) Each applicant for a marriage license shall exhibit to the clerk a certified copy of a birth certificate record, and each applicant shall submit a copy of any judgment or death certificate record affecting the applicant's marital status. If any applicable birth certificate record, death certificate record or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu of the birth certificate, death certificate or judgment. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the presented proof to a judge of a court of record in the county of application for an opinion as to its sufficiency.

SB760-SSA1,129 Section 129. 767.80 (6m) of the statutes is amended to read:

SB760-SSA1,46,15 767.80 (6m) When action must be commenced. The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father is named on the birth certificate record of a child who is a resident of the county if paternity has not been acknowledged under s. 767.805 (1) or a substantially similar law of another state or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

SB760-SSA1,130 Section 130. 767.803 of the statutes is amended to read:

SB760-SSA1,47,2 767.803 Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth certificate record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.

SB760-SSA1,131 Section 131. 767.805 (5) (b) of the statutes is amended to read:

SB760-SSA1,47,10 767.805 (5) (b) If a court in a proceeding under par. (a) determines that the male is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the male. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male's name as the father of the child from the child's birth certificate record. No paternity action may thereafter be brought against the male with respect to the child.

SB760-SSA1,132 Section 132. 767.805 (6) (c) of the statutes is amended to read:

SB760-SSA1,47,14 767.805 (6) (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment acknowledgements of paternity that are prescribed by the state registrar on April 1, 1998.

SB760-SSA1,133 Section 133. 767.87 (1m) (intro.) of the statutes is amended to read:

SB760-SSA1,47,20 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth certificate record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth certificate record as the father of the child, at the earliest possible of the following:

SB760-SSA1,134 Section 134. 767.89 (2) (b) 1., 2. and 3. of the statutes are amended to read:

SB760-SSA1,47,23 767.89 (2) (b) 1. A fee for omitting the father's name on a birth certificate record under s. 69.15 (3) (a) 1.

SB760-SSA1,47,25 2. A fee for changing the father's name on a birth certificate record under s. 69.15 (3) (a) 2.

SB760-SSA1,48,2 3. A fee for inserting the father's name on a birth certificate record under s. 69.15 (3) (a) 3.

SB760-SSA1,135 Section 135. 770.07 (1) (d) 2. of the statutes is amended to read:

SB760-SSA1,48,12 770.07 (1) (d) 2. Each applicant shall exhibit to the clerk a certified copy of a birth certificate record, and each applicant shall submit a copy of any judgment, certificate of termination of domestic partnership, or death certificate affecting the domestic partnership status. If any applicable birth certificate, death certificate, notice of termination of domestic partnership, or judgment is unobtainable, other satisfactory documentary proof may be presented instead. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the proof, for an opinion as to its sufficiency, to a judge of a court of record in the county of application.

SB760-SSA1,136 Section 136. 770.10 of the statutes is amended to read:

SB760-SSA1,48,20 770.10 Completion and filing of declaration. In order to form the legal status of domestic partners, the individuals shall, within 30 days after the clerk issues a declaration of domestic partnership under s. 770.07 (2), complete the declaration of domestic partnership, sign the declaration, having their signatures acknowledged before a notary, and submit the declaration to the register of deeds of the county in which they reside. The register of deeds shall record the declaration and forward the original to the state registrar of vital statistics records.

SB760-SSA1,137 Section 137. 770.12 (3) of the statutes is amended to read:

SB760-SSA1,49,4 770.12 (3) Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit under sub. (1) (b) if required, and the fee under s. 770.17, the county clerk shall issue to the domestic partner filing the notice of termination a certificate of termination of domestic partnership. The domestic partner shall submit the certificate record of termination of domestic partnership to the register of deeds of the county in which the declaration of domestic partnership is recorded. The register of deeds shall record the certificate record and forward the original to the state registrar of vital statistics records.

SB760-SSA1,138 Section 138. 786.36 (2) of the statutes is amended to read:

SB760-SSA1,49,17 786.36 (2) Except as provided in sub. (2m), the order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county, who shall make an entry in a book to be kept by the register. The fee for recording a certified copy is the fee specified under s. 59.43 (2) (ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital statistics records, on a form designed by the state registrar of vital statistics records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital statistics records shall then correct the birth record, marriage record or both, and direct the register of deeds and local registrar to make similar corrections on their records.

SB760-SSA1,139 Section 139. 786.36 (2m) (a) and (b) of the statutes are amended to read:

SB760-SSA1,50,8 786.36 (2m) (a) Except as provided in par. (b), if the court determines that, pursuant to s. 786.37 (4), publication of the petition is not required, all records related to the petitioner's name change shall be confidential and are exempt from disclosure under s. 19.35 (1). The court shall transmit to the register of deeds a form that states the petitioner's former name and states that the new name is confidential and may not be disclosed except pursuant to par. (b). The fee for recording a certified copy is the fee specified under s. 59.43 (2) (ag). If the person whose name is changed or established was born in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital statistics records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital statistics records shall then correct the birth record and, upon request by the petitioner and payment by the petitioner of the fees required under s. 69.22, issue to the petitioner the number of certified copies of the corrected birth record requested by the petitioner.

SB760-SSA1,50,13 (b) Notwithstanding ss. 69.20 and 69.21, information that is confidential under this subsection may not be disclosed by the state registrar of vital statistics records, the register of deeds, or a local registrar except pursuant to a court order. A court may order disclosure of confidential information upon good cause shown and upon determining that the safety of the petitioner is not jeopardized by disclosure.

SB760-SSA1,140 Section 140. 867.045 (1) (intro.) of the statutes is amended to read:

SB760-SSA1,50,24 867.045 (1) (intro.) Upon the death of any person having an interest as a joint tenant or life tenant in any real property or in the vendor's interest in a land contract or a mortgagee's interest in a mortgage, any person interested in the property may obtain evidence of the termination of that interest of the decedent by providing to the register of deeds of the county in which such property is located a certified copy of the death certificate record for the decedent and by providing, on applications supplied by the register of deeds for that purpose, the name and address of the decedent and of the surviving joint tenant or remainder beneficiary, the date of the decedent's death, and the applicant's interest in the property. The applicant shall provide to the register of deeds the following information:

SB760-SSA1,141 Section 141. 867.046 (2) (intro.) of the statutes is amended to read:

SB760-SSA1,51,12 867.046 (2) Upon death; interest in property. (intro.) As an alternative to sub. (1m), upon the death of any person having an interest in any real property, a vendor's interest in a land contract, an interest in a savings or checking account, an interest in a security, a mortgagee's interest in a mortgage, or an interest in property passing under s. 705.10 (1), including an interest in survivorship marital property, the decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or a beneficiary of a transfer under s. 705.10 (1) may obtain evidence of the termination of that interest of the decedent and confirmation of the petitioner's interest in the property by providing to the register of deeds of the county in which the property is located the certified death certificate record for the decedent and, on applications supplied by the register of deeds for that purpose, all of the following information:

SB760-SSA1,142 Section 142. 891.09 (1) of the statutes is amended to read:

SB760-SSA1,51,18 891.09 (1) Records as evidence. The record of any marriage, birth, stillbirth, fetal death or death kept in the office of any register of deeds or local health officer of a local health department, as defined in s. 250.01 (4) (a) 2. or 3. or (b), or in the state bureau of vital statistics records shall be received as presumptive evidence of the marriage, birth, stillbirth, fetal death or death so recorded.

SB760-SSA1,143 Section 143. 891.39 (3) of the statutes is amended to read:

SB760-SSA1,52,2 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth certificate record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband is a party to the action and the court makes a finding as to whether or not the husband is the father of the child, such finding shall be conclusive in all other courts of this state.

SB760-SSA1,144 Section 144. 895.4803 of the statutes is amended to read:

SB760-SSA1,52,14 895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of children and families and oral information or an audio or video presentation about the form that is statements acknowledging paternity as prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

SB760-SSA1,145 Section 145. 938.385 (2) of the statutes is amended to read:

SB760-SSA1,52,25 938.385 (2) Identification documents and other information. Except as provided in this subsection, ensure that the juvenile is in possession of a certified copy of the juvenile's birth certificate record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the juvenile's health care records, and either an operator's license issued under ch. 343 or an identification card issued under s. 343.50. If the juvenile is not in possession of any of those documents or that information, the agency shall assist the juvenile in obtaining any missing document or information. This subsection does not apply to a juvenile who has been placed in out-of-home care for less than 6 months.

SB760-SSA1,146 Section 146. 979.01 (1) (h) of the statutes is amended to read:

SB760-SSA1,53,2 979.01 (1) (h) When a physician refuses to sign the death certificate record.

SB760-SSA1,53,3 (End)