AB898: Bill Text

AB898,7 Section 7. 48.433 (2), (3) (a) and (8) (a) of the statutes are amended to read:

AB898,5,21 48.433 (2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate record and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB898,5,22 (3) (a) The person's original birth certificate record.

AB898,6,6 (8) (a) If a birth parent is known to be deceased, the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency shall provide the requester with the identity of the deceased parent. If both birth parents are known to be deceased, the department or agency shall provide the requester with his or her original birth certificate record. If only one birth parent is known to be deceased, the department or agency shall provide the requester with his or her original birth certificate record and any available information it has on file regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).

AB898,8 Section 8. 48.94 (title), (1) and (2) (intro.) of the statutes are amended to read:

AB898,6,16 48.94 (title) New birth certificate record. (1) After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital statistics records and furnish any additional data needed for the new birth certificate record. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth certificate record for the person adopted be not changed, then the court shall so order. In such event no new birth certificate record shall be filed by the state registrar of vital statistics, notwithstanding the provisions of s. 69.15 (2) or any other law of this state.

AB898,6,22 (2) (intro.) If the court issues an order under s. 69.15 (2) (d) to restore the information from an adoptee's original birth certificate record, the state registrar shall issue a new birth certificate record containing the information from the adoptee's original birth certificate record, except for the adoptee's given name at birth, if different. The restoration of any birth parent's name on the adoptee's birth certificate record does not do any of the following:

AB898,9 Section 9. 48.978 (3) (g) 2. of the statutes is amended to read:

AB898,7,3 48.978 (3) (g) 2. That the standby guardian has received a determination of incapacity, a death certificate record, or a determination of debilitation and written consent, as provided in par. (c) 1., 2. or 3., whichever is applicable.

AB898,10 Section 10. 49.22 (7g) (a) of the statutes is amended to read:

AB898,7,8 49.22 (7g) (a) Training to hospital staff members concerning the form acknowledgment that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of, and alternatives to, of establishing paternity.

AB898,11 Section 11. 49.785 (1r) (b) of the statutes is amended to read:

AB898,7,11 49.785 (1r) (b) Fees assessed for the signing of a death certificate record by a coroner or medical examiner.

AB898,12 Section 12. 49.84 (2) of the statutes is amended to read:

AB898,7,19 49.84 (2) At the time of application, the agency administering the public assistance program shall apply to the department of health services for a certified copy of a birth certificate record for the applicant if the applicant is required to provide a birth certificate record or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate record or social security number. The department of health services shall provide without charge any copy for which application is made under this subsection.

AB898,13 Section 13. 59.365 (1) (b) and (3) (a) of the statutes are amended to read:

AB898,7,22 59.365 (1) (b) Fees assessed for the signing of a death certificate record by a coroner or medical examiner.

AB898,8,7 (3) (a) Notwithstanding subs. (1) (a) and (b) and (2), if a board that had been providing coroner or lay medical examiner services begins providing physician medical examiner services under an intergovernmental cooperation agreement under s. 66.0301 after December 31, 2015, and before April 1, 2016, the board may one time set the fee assessed for the signing of a death certificate record at an amount exceeding the amount that was in effect on April 17, 2015, by not more than $100 and may one time set the fee assessed for the issuance of a cremation permit at an amount exceeding the amount that was in effect on April 17, 2015, by not more than $100. Fees under this paragraph may be established without regard to any change in the U.S. consumer price index.

AB898,14 Section 14. 59.43 (1c) (b) of the statutes is amended to read:

AB898,8,10 59.43 (1c) (b) Perform the duties that are related to vital statistics records under ss. 69.05 and 69.07.

AB898,15 Section 15. 69.01 (1r) of the statutes is amended to read:

AB898,8,13 69.01 (1r) “Certificate of termination of domestic partnership" means a certificate record issued by a county clerk under s. 770.12 (3).

AB898,16 Section 16. 69.01 (8) of the statutes is amended to read:

AB898,8,18 69.01 (8) “Direction of the state registrar" means the determination in individual cases that statutes are being observed, the issuance of administrative rules, the imposition of statutory penalties and the maintenance of communications within the system of vital statistics records.

AB898,17 Section 17. 69.01 (10) of the statutes is amended to read:

AB898,8,22 69.01 (10) “File" means the acceptance by the local registrar and the initial incorporation of vital records provided under this subchapter into the system of vital statistics records.

AB898,18 Section 18. 69.01 (11) of the statutes is amended to read:

AB898,8,25 69.01 (11) “Filing party" means any person who submits a vital record to a local registrar for filing in the system of vital statistics records.

AB898,19 Section 19. 69.01 (15) (b) of the statutes is amended to read:

AB898,9,3 69.01 (15) (b) The city registrar responsible for filing certificates of births or certificates of births and deaths death records in his or her city.

AB898,20 Section 20. 69.01 (16m) of the statutes is amended to read:

AB898,9,8 69.01 (16m) “Medical certification" means those portions of a death certificate record that provide the cause of death, the manner of death, injury-related data, and any other medically-related data that is collected as prescribed by the state registrar under s. 69.18 (1m) (c) 2.

AB898,21 Section 21. 69.01 (19) of the statutes is amended to read:

AB898,9,11 69.01 (19) “Registrant" means the subject of a certificate record or declaration which a local registrar has accepted for filing in the system of vital statistics records.

AB898,22 Section 22. 69.01 (21) of the statutes is amended to read:

AB898,9,15 69.01 (21) “Registration district" means a county, except that a city approved under s. 69.04 is a registration district for filing certificates of births or certificates of births and deaths death records occurring in the city.

AB898,23 Section 23. 69.01 (24) of the statutes is amended to read:

AB898,9,18 69.01 (24) “State registrar" means the state registrar of vital statistics records appointed by the department under s. 69.02 (1) (b).

AB898,24 Section 24. 69.01 (25) (intro.) of the statutes is amended to read:

AB898,9,20 69.01 (25) (intro.) “System of vital statistics” records" means:

AB898,25 Section 25. 69.01 (26) (a) of the statutes is amended to read:

AB898,9,24 69.01 (26) (a) Certificates Records of birth, death, divorce or annulment, and termination of domestic partnership, marriage documents, and declarations of domestic partnership.

AB898,26 Section 26. 69.01 (26) (c) of the statutes is amended to read:

AB898,10,2 69.01 (26) (c) Data related to documents records under par. (a) or worksheets under par. (b).

AB898,27 Section 27. 69.01 (27) of the statutes is amended to read:

AB898,10,7 69.01 (27) “Vital statistics" means the data derived from certificates records of birth, death, divorce or annulment, and termination of domestic partnership, marriage documents, declarations of domestic partnership, fetal death reports, or related reports.

AB898,28 Section 28. 69.02 (1) (a) of the statutes is amended to read:

AB898,10,9 69.02 (1) (a) Establish a unit called the office of vital statistics records.

AB898,29 Section 29. 69.03 (2) of the statutes is amended to read:

AB898,10,11 69.03 (2) Direct the system of vital statistics records.

AB898,30 Section 30. 69.03 (3) of the statutes is amended to read:

AB898,10,13 69.03 (3) Supervise the office of vital statistics records.

AB898,31 Section 31. 69.03 (4) of the statutes is amended to read:

AB898,10,17 69.03 (4) Act as custodian of all records in the office of vital statistics records and preserve, index and certify the records by photographic, electronic or other means, as determined by the state registrar.

AB898,32 Section 32. 69.03 (5) of the statutes is amended to read:

AB898,11,7 69.03 (5) Under this subchapter, accept for registration, assign a date of acceptance, and index and preserve original certificates records of birth and, death, original marriage documents, original , divorce reports, original, declarations of domestic partnership, and original certificates of termination of domestic partnership. 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.

AB898,33 Section 33. 69.03 (6) of the statutes is amended to read:

AB898,11,10 69.03 (6) Direct any activity related to the operation of the system of vital statistics records.

AB898,34 Section 34. 69.03 (7) of the statutes is amended to read:

AB898,11,13 69.03 (7) Conduct training programs to promote uniformity of policy and procedures in this state in the system of vital statistics records.

AB898,35 Section 35. 69.03 (8) of the statutes is amended to read:

AB898,11,20 69.03 (8) Prescribe, furnish and distribute forms required under this subchapter and chs. 765 and 770 and prescribe any other means for transmission of data necessary to accomplish complete and accurate reporting and registration. When reasonable and possible the state registrar shall base the prescribed forms on the standard forms recommended by the federal agency responsible for administering the national system of vital statistics records.

AB898,36 Section 36. 69.03 (11) of the statutes is amended to read:

AB898,12,3 69.03 (11) Provide a copy or notice of Make available any vital record or court-ordered change of fact prepared by the state registrar under ss. 69.14 (1) (h) and (2) (a) and (b) 5., 69.15, 69.16 (2) and 69.19 or any authorization for an amendment under ss. 69.11 and 69.12 to the register of deeds of the county where the event which is the subject of the vital record, change of fact or amendment occurred and, if the event occurred in a city which is a registration district and responsible for registering the event, to the city registrar of the city.

AB898,37 Section 37. 69.03 (14) of the statutes is amended to read:

AB898,12,11 69.03 (14) Provide hospitals with a pamphlet containing information for parents about birth certificates records including how to add the name of the father of a child whose parents were not married at any time from the conception to the birth of the child to the birth certificate record under s. 69.15 (3) (b) or, if the father will not sign an affidavit, through a paternity action; the legal significance and future medical advantages to the child of having the father's name inserted on the birth certificate record; and the availability of services under s. 49.22.

AB898,38 Section 38. 69.03 (15) of the statutes is amended to read:

AB898,12,16 69.03 (15) Periodically provide to each county child support agency under s. 59.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants who reside in that county for whom no father's name has been inserted on the registrant's birth certificate record within 6 months of birth.

AB898,39 Section 39. 69.035 (4) of the statutes is amended to read:

AB898,13,2 69.035 (4) Wherever this subchapter provides for correction, delayed registration, copying or determination of the validity of, or disclosure of information from, vital records, pursuant to an order of a court, circuit court or court of competent jurisdiction, the state registrar shall, in a like manner, correct, register, copy, determine the validity of, or disclose information from, comparable vital records pertaining to tribally related events, pursuant to an order of the court of any federally recognized Indian tribe or band in this state. In order for the state registrar to provide access to an original birth certificate record or any accompanying documents in an adoption case, the tribal court which orders access to such records or documents shall be the court with jurisdiction over the adoption.

AB898,40 Section 40. 69.04 (1) (a) 1. of the statutes is repealed.

AB898,41 Section 41. 69.04 (1) (a) 2. of the statutes is renumbered 69.04 (1) (a) and amended to read:

AB898,13,11 69.04 (1) (a) The state registrar may approve a city as a registration district for registration of deaths occurring in the city if the state registrar has approved the city for registration of births under subd. 1. and if the state registrar determines that the city has staff, office space, and other resources for the proper administration of death records, makes reasonable use of public health data derived from death records, and suitably preserves and cares for official city death records.

AB898,42 Section 42. 69.04 (2) (a) of the statutes is amended to read:

AB898,13,14 69.04 (2) (a) The county register of deeds office shall be the place for filing vital records except as provided under pars. (b) and par. (c).

AB898,43 Section 43. 69.04 (2) (b) of the statutes is repealed.

AB898,44 Section 44. 69.04 (2) (c) of the statutes is amended to read:

AB898,13,19 69.04 (2) (c) If a death occurs in a city which is a registration district approved by the state registrar for registering death certificates records, the office of the city registrar shall be the place for filing.

AB898,45 Section 45. 69.04 (3) (a) of the statutes is amended to read:

AB898,13,22 69.04 (3) (a) Offer all records of events occurring prior to October 1, 1907, to the state historical society under s. 69.21 (2) (d) 1.

AB898,46 Section 46. 69.05 (2), (3) and (3m) of the statutes are repealed.

AB898,47 Section 47. 69.05 (4) of the statutes is amended to read:

AB898,14,6 69.05 (4) Preserve, amend and certify vital records under this subchapter by photographic, electronic or other means as directed by the state registrar, except that a local registrar may destroy birth certificates vital records on file for more than 365 days if the state registrar determines that the local registrar has access through the state registrar's computer database to the information necessary to issue certified copies under s. 69.21 (1) (b) 2.

AB898,48 Section 48. 69.06 (1) of the statutes is amended to read:

AB898,14,11 69.06 (1) Accept for filing, electronically sign and assign a date of acceptance to every original certificate records of birth and death which he or she has been approved to register under s. 69.04 and which is are properly presented in his or her office.

AB898,49 Section 49. 69.06 (2), (3) and (5) of the statutes are repealed.

AB898,50 Section 50. 69.07 (1) of the statutes is amended to read:

AB898,14,16 69.07 (1) Accept for filing, electronically sign and assign a date of acceptance to every original vital record properly records presented in his or her office under this chapter.

AB898,51 Section 51. 69.07 (2) of the statutes is repealed.