AB898,134
8Section
134. 343.125 (2) (a) 2. of the statutes is amended to read:
AB898,51,119
343.125
(2) (a) 2. A birth
certificate record bearing an official seal or other mark
10of authentication and issued by a state, county, or municipality within the United
11States or by a territory or possession of the United States.
AB898,135
12Section
135. 343.14 (2r) of the statutes is amended to read:
AB898,51,1713
343.14
(2r) Notwithstanding sub. (2j), the department may, upon request,
14provide to the department of health services any applicant information maintained
15by the department of transportation and identified in sub. (2), including providing
16electronic access to the information, for the sole purpose of verification by the
17department of health services of birth
certificate
record information.
AB898,136
18Section
136. 343.50 (8) (c) 2. of the statutes is amended to read:
AB898,51,2419
343.50
(8) (c) 2. Notwithstanding par. (b) and s. 343.14 (2j), the department
20may, upon request, provide to the department of health services any applicant
21information maintained by the department of transportation and identified in s.
22343.14 (2), including providing electronic access to the information, for the sole
23purpose of verification by the department of health services of birth
certificate record 24information.
AB898,137
25Section
137. 445.13 (1m) (a) of the statutes is amended to read:
AB898,52,3
1445.13
(1m) (a) Mail or present a death
certificate record within 10 days after
2receipt from the person responsible for completing the medical certification under s.
369.18 (2).
AB898,138
4Section
138. 445.13 (1m) (b) of the statutes is amended to read:
AB898,52,65
445.13
(1m) (b) Within any period of 180 days, mail or present 6 or more death
6certificates records within the 2-day time limit under s. 69.18 (1) (bm).
AB898,139
7Section
139. 711.05 (1) (b) of the statutes is amended to read:
AB898,52,88
711.05
(1) (b) A certified copy of the death
certificate record of the user.
AB898,140
9Section
140. 711.12 (7) (a) of the statutes is amended to read:
AB898,52,1110
711.12
(7) (a) If the user is deceased, a certified copy of the death
certificate 11record of the user.
AB898,141
12Section
141. 765.002 (4) of the statutes is amended to read:
AB898,52,1513
765.002
(4) In this chapter, “marriage document” is that
document record 14consisting of the marriage license, the marriage certificate and the confidential
15information collected for statistical purposes only.
AB898,142
16Section
142. 765.09 (3) (b) of the statutes is amended to read:
AB898,52,2517
765.09
(3) (b) Each applicant for a marriage license shall exhibit to the clerk
18a certified copy of a birth
certificate record, and each applicant shall submit a copy
19of any judgment or death
certificate record affecting the applicant's marital status.
20If any applicable birth
certificate record, death
certificate record or judgment is
21unobtainable, other satisfactory documentary proof of the requisite facts therein
22may be presented in lieu of the birth
certificate
record, death
certificate record or
23judgment. Whenever the clerk is not satisfied with the documentary proof
24presented, he or she shall submit the presented proof to a judge of a court of record
25in the county of application for an opinion as to its sufficiency.
AB898,143
1Section
143. 767.80 (6m) of the statutes is amended to read:
AB898,53,82
767.80
(6m) When action must be commenced. The attorney designated under
3sub. (6) (a) shall commence an action under this section on behalf of the state within
46 months after receiving notification under s. 69.03 (15) that no father is named on
5the birth
certificate record of a child who is a resident of the county if paternity has
6not been acknowledged under s. 767.805 (1) or a substantially similar law of another
7state or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided
8by the department by rule.
AB898,144
9Section
144. 767.803 of the statutes is amended to read:
AB898,53,19
10767.803 Determination of marital children. If the father and mother of a
11nonmarital child enter into a lawful marriage or a marriage which appears and they
12believe is lawful, except where the parental rights of the mother were terminated
13before either of these circumstances, the child becomes a marital child, is entitled to
14a change in birth
certificate record under s. 69.15 (3) (b), and shall enjoy all of the
15rights and privileges of a marital child as if he or she had been born during the
16marriage of the parents. This section applies to all cases before, on, or after its
17effective date, but no estate already vested shall be divested by this section and ss.
18765.05 to 765.24 and 852.05. The children of all marriages declared void under the
19law are nevertheless marital children.
AB898,145
20Section
145. 767.805 (5) (b) of the statutes is amended to read:
AB898,54,221
767.805
(5) (b) If a court in a proceeding under par. (a) determines that the male
22is not the father of the child, the court shall vacate any order entered under sub. (4)
23with respect to the male. The court or the county child support agency under s. 59.53
24(5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove
25the male's name as the father of the child from the child's birth
certificate record. No
1paternity action may thereafter be brought against the male with respect to the
2child.
AB898,146
3Section
146. 767.805 (6) (c) of the statutes is amended to read:
AB898,54,64
767.805
(6) (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this
5section beginning with
forms for the
acknowledgment acknowledgements of
6paternity that are prescribed by the state registrar on April 1, 1998.
AB898,147
7Section
147. 767.87 (1m) (intro.) of the statutes is amended to read:
AB898,54,128
767.87
(1m) Birth record required. (intro.) If the child was born in this state,
9the petitioner shall present a certified copy of the child's birth
certificate record or
10a printed copy of the record from the birth database of the state registrar to the court,
11so that the court is aware of whether a name has been inserted on the birth
certificate 12record as the father of the child, at the earliest possible of the following:
AB898,148
13Section
148. 767.89 (2) (b) 1., 2. and 3. of the statutes are amended to read:
AB898,54,1514
767.89
(2) (b) 1. A fee for omitting the father's name on a birth
certificate record 15under s. 69.15 (3) (a) 1.
AB898,54,1716
2. A fee for changing the father's name on a birth
certificate record under s.
1769.15 (3) (a) 2.
AB898,54,1918
3. A fee for inserting the father's name on a birth
certificate record under s.
1969.15 (3) (a) 3.
AB898,149
20Section
149. 770.07 (1) (d) 2. of the statutes is amended to read:
AB898,55,421
770.07
(1) (d) 2. Each applicant shall exhibit to the clerk a certified copy of a
22birth
certificate record, and each applicant shall submit a copy of any judgment,
23certificate of termination of domestic partnership, or death
certificate record 24affecting the domestic partnership status. If any applicable birth
certificate record,
25death
certificate record, notice of termination of domestic partnership, or judgment
1is unobtainable, other satisfactory documentary proof may be presented instead.
2Whenever the clerk is not satisfied with the documentary proof presented, he or she
3shall submit the proof, for an opinion as to its sufficiency, to a judge of a court of record
4in the county of application.
AB898,150
5Section
150. 770.10 of the statutes is amended to read:
AB898,55,12
6770.10 Completion and filing of declaration. In order to form the legal
7status of domestic partners, the individuals shall, within 30 days after the clerk
8issues a declaration of domestic partnership under s. 770.07 (2), complete the
9declaration of domestic partnership, sign the declaration, having their signatures
10acknowledged before a notary, and submit the declaration to the register of deeds of
11the county in which they reside. The register of deeds shall record the declaration
12and forward the original to the state registrar of vital
statistics records.
AB898,151
13Section
151. 770.12 (3) of the statutes is amended to read:
AB898,55,2114
770.12
(3) Upon receiving a completed, signed, and notarized notice of
15termination of domestic partnership, the affidavit under sub. (1) (b) if required, and
16the fee under s. 770.17, the county clerk shall issue to the domestic partner filing the
17notice of termination a
certificate record of termination of domestic partnership. The
18domestic partner shall submit the
certificate
record of termination of domestic
19partnership to the register of deeds of the county in which the declaration of domestic
20partnership is recorded. The register of deeds shall record the
certificate record and
21forward the original to the state registrar of vital
statistics records.
AB898,152
22Section
152. 786.36 (2) of the statutes is amended to read:
AB898,56,923
786.36
(2) Except as provided in sub. (2m), the order shall be entered at length
24upon the records of the court and a certified copy of the record shall be recorded in
25the office of the register of deeds of the county, who shall make an entry in a book to
1be kept by the register. The fee for recording a certified copy is the fee specified under
2s. 59.43 (2) (ag). If the person whose name is changed or established was born or
3married in this state, the clerk of the court shall send to the state registrar of vital
4statistics records, on a form designed by the state registrar of vital
statistics
records,
5an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22,
6which fee the clerk of court shall charge to and collect from the petitioner. The state
7registrar of vital
statistics records shall then correct the birth record, marriage
8record or both, and direct the register of deeds and local registrar to make similar
9corrections on their records.
AB898,153
10Section
153. 786.36 (2m) (a) and (b) of the statutes are amended to read:
AB898,56,2511
786.36
(2m) (a) Except as provided in par. (b), if the court determines that,
12pursuant to s. 786.37 (4), publication of the petition is not required, all records
13related to the petitioner's name change shall be confidential and are exempt from
14disclosure under s. 19.35 (1). The court shall transmit to the register of deeds a form
15that states the petitioner's former name and states that the new name is confidential
16and may not be disclosed except pursuant to par. (b). The fee for recording a certified
17copy is the fee specified under s. 59.43 (2) (ag). If the person whose name is changed
18or established was born in this state, the clerk of the court shall send to the state
19registrar of vital statistics, on a form designed by the state registrar of vital
statistics 20records, an abstract of the record, duly certified, accompanied by the fee prescribed
21in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner.
22The state registrar of vital
statistics records shall then correct the birth record and,
23upon request by the petitioner and payment by the petitioner of the fees required
24under s. 69.22, issue to the petitioner the number of certified copies of the corrected
25birth record requested by the petitioner.
AB898,57,5
1(b) Notwithstanding ss. 69.20 and 69.21, information that is confidential under
2this subsection may not be disclosed by the state registrar of vital
statistics records,
3the register of deeds, or a local registrar except pursuant to a court order. A court
4may order disclosure of confidential information upon good cause shown and upon
5determining that the safety of the petitioner is not jeopardized by disclosure.
AB898,154
6Section
154. 867.045 (1) (intro.) of the statutes is amended to read:
AB898,57,167
867.045
(1) (intro.) Upon the death of any person having an interest as a joint
8tenant or life tenant in any real property or in the vendor's interest in a land contract
9or a mortgagee's interest in a mortgage, any person interested in the property may
10obtain evidence of the termination of that interest of the decedent by providing to the
11register of deeds of the county in which such property is located a certified copy of the
12death
certificate record for the decedent and by providing, on applications supplied
13by the register of deeds for that purpose, the name and address of the decedent and
14of the surviving joint tenant or remainder beneficiary, the date of the decedent's
15death, and the applicant's interest in the property. The applicant shall provide to the
16register of deeds the following information:
AB898,155
17Section
155. 867.046 (2) (intro.) of the statutes is amended to read:
AB898,58,418
867.046
(2) Upon death; interest in property. (intro.) As an alternative to sub.
19(1m), upon the death of any person having an interest in any real property, a vendor's
20interest in a land contract, an interest in a savings or checking account, an interest
21in a security, a mortgagee's interest in a mortgage, or an interest in property passing
22under s. 705.10 (1), including an interest in survivorship marital property, the
23decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary,
24or a beneficiary of a transfer under s. 705.10 (1) may obtain evidence of the
25termination of that interest of the decedent and confirmation of the petitioner's
1interest in the property by providing to the register of deeds of the county in which
2the property is located the certified death
certificate record for the decedent and, on
3applications supplied by the register of deeds for that purpose, all of the following
4information:
AB898,156
5Section
156. 891.09 (1) of the statutes is amended to read:
AB898,58,106
891.09
(1) Records as evidence. The record of any marriage, birth, stillbirth,
7fetal death or death kept in the office of any register of deeds or local health officer
8of a local health department, as defined in s. 250.01 (4) (a) 2. or 3. or (b), or in the state
9bureau of vital
statistics records shall be received as presumptive evidence of the
10marriage, birth, stillbirth, fetal death or death so recorded.
AB898,157
11Section
157. 891.39 (3) of the statutes is amended to read:
AB898,58,1812
891.39
(3) If any court under this section adjudges a child to be a nonmarital
13child, the clerk of court shall report the facts to the state registrar, who shall issue
14a new birth
certificate record showing the correct facts as found by the court, and
15shall dispose of the original, with the court's report attached under s. 69.15 (3). If the
16husband is a party to the action and the court makes a finding as to whether or not
17the husband is the father of the child, such finding shall be conclusive in all other
18courts of this state.
AB898,158
19Section
158. 891.395 of the statutes is amended to read:
AB898,59,4
20891.395 Presumption as to time of conception. In any paternity
21proceeding, in the absence of a valid birth
certificate record indicating the birth
22weight, the mother shall be competent to testify as to the birth weight of the child
23whose paternity is at issue, and where the child whose paternity is at issue weighed
245 1/2 pounds or more at the time of its birth, the testimony of the mother as to the
25weight shall be presumptive evidence that the child was a full term child, unless
1competent evidence to the contrary is presented to the court. The conception of the
2child shall be presumed to have occurred within a span of time extending from 240
3days to 300 days before the date of its birth, unless competent evidence to the
4contrary is presented to the court.
AB898,159
5Section
159. 895.4803 of the statutes is amended to read:
AB898,59,16
6895.4803 Civil liability exemption; information concerning paternity. 7Any member of the staff of a hospital who is designated by the hospital and trained
8by the department of children and families under s. 69.14 (1) (cm) and who in good
9faith provides to a child's available parents written information that is provided by
10the department of children and families and oral information or an audio or video
11presentation about
the form that is statements acknowledging paternity as 12prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance
13and benefits of, and alternatives to, establishing paternity, under the requirements
14of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in
15providing that oral information or audio or video presentation and written
16information.
AB898,160
17Section
160. 938.385 (2) of the statutes is amended to read:
AB898,60,218
938.385
(2) Identification documents and other information. Except as
19provided in this subsection, ensure that the juvenile is in possession of a certified
20copy of the juvenile's birth
certificate record, a social security card issued by the
21federal social security administration, information on maintaining health care
22coverage, a copy of the juvenile's health care records, and either an operator's license
23issued under ch. 343 or an identification card issued under s. 343.50. If the juvenile
24is not in possession of any of those documents or that information, the agency shall
25assist the juvenile in obtaining any missing document or information. This
1subsection does not apply to a juvenile who has been placed in out-of-home care for
2less than 6 months.
AB898,161
3Section
161. 948.11 (2) (c) of the statutes is amended to read:
AB898,60,104
948.11
(2) (c) It is an affirmative defense to a prosecution for a violation of pars.
5(a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child
6had attained the age of 18 years, and the child exhibited to the defendant a draft card,
7driver's license, birth
certificate record or other official or apparently official
8document purporting to establish that the child had attained the age of 18 years. A
9defendant who raises this affirmative defense has the burden of proving this defense
10by a preponderance of the evidence.
AB898,162
11Section
162. 979.01 (1) (h) of the statutes is amended to read:
AB898,60,1212
979.01
(1) (h) When a physician refuses to sign the death
certificate record.