AB898: Bill Text

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.

AB898,52 Section 52. 69.08 (1) of the statutes is amended to read:

AB898,14,20 69.08 (1) Is on a form prepared in the method prescribed or supplied for the record by the state registrar.

AB898,53 Section 53. 69.08 (2) of the statutes is amended to read:

AB898,14,24 69.08 (2) Is prepared on a typewriter with unworn black ribbon in the method prescribed or is printed legibly in black permanent ink applied directly to the form paper.

AB898,54 Section 54. 69.08 (3) of the statutes is amended to read:

AB898,15,2 69.08 (3) Supplies all items of information required by the form or gives a reason approved by the state registrar for the omission of any item.

AB898,55 Section 55. 69.08 (5) of the statutes is amended to read:

AB898,15,6 69.08 (5) Contains the electronic signatures which are required on the form and which are or signatures written in black permanent ink applied directly to the form paper.

AB898,56 Section 56. 69.08 (6) of the statutes is repealed.

AB898,57 Section 57. 69.08 (7) of the statutes is amended to read:

AB898,15,9 69.08 (7) Contains the dated electronic signature of the local registrar.

AB898,58 Section 58. 69.10 (1) (intro.) and (b) of the statutes are consolidated, renumbered 69.10 (1) and amended to read:

AB898,15,14 69.10 (1) Until 365 days after the occurrence of an event which is the subject of a vital record: (b) The, the state registrar or a local registrar may correct an error in the record if he or she determines that the error is obviously inadvertent.

AB898,59 Section 59. 69.10 (1) (a) of the statutes is repealed.

AB898,60 Section 60. 69.11 (3) (b) 1. of the statutes is amended to read:

AB898,15,20 69.11 (3) (b) 1. Name, sex, date of birth, place of birth, parents' surnames and marital status of parents, if the vital record is a birth certificate record and if the amendment is accompanied by a statement which the filing party has submitted to support the amendment.

AB898,61 Section 61. 69.11 (3) (b) 2. of the statutes is amended to read:

AB898,15,24 69.11 (3) (b) 2. Cause of death, if the vital record is a death certificate record and if the amendment is accompanied by a statement that the person who signed the medical certification has submitted to support the amendment.

AB898,62 Section 62. 69.11 (3) (c) (intro.) of the statutes is amended to read:

AB898,16,3 69.11 (3) (c) (intro.) The following, on a form supplied prepared in the method prescribed by the state registrar, may request the state registrar to act under this subsection:

AB898,63 Section 63. 69.11 (3) (e) 1. of the statutes is amended to read:

AB898,16,13 69.11 (3) (e) 1. If the state registrar determines that a vital record should be amended under this subsection, he or she shall send a notice of the need for an amendment to the filing party, the certifier of the cause of death or the county clerk responsible for the vital record or to the local registrar who filed the record. If the local registrar receives the notice, he or she shall obtain the correct information from the filing party, certifier of the cause of death or county clerk responsible for the vital record, change the information on his or her copy of the vital record and send a copy of the changed record to the state registrar and provide the correct information to the state registrar in the manner prescribed.

AB898,64 Section 64. 69.11 (4) (b) of the statutes is amended to read:

AB898,17,3 69.11 (4) (b) The state registrar may amend an item on a birth certificate record that affects information about the name, sex, date of birth, place of birth, parent's name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth certificate record, 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 in the manner prescribed 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 record 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 record. This paragraph may not be used to add to or delete from a birth certificate record the name of a parent, to change the identity of a parent named on the birth certificate record, or to effect a name change prohibited under s. 301.47.

AB898,65 Section 65. 69.11 (5) (a) 2. d. of the statutes is repealed.

AB898,66 Section 66. 69.11 (5) (b) of the statutes is amended to read:

AB898,17,10 69.11 (5) (b) If under sub. (4) (b) the state or local registrar makes an amendment other than on the face of the original copy of a vital record, he or she shall file an amendment form which includes an affidavit by the person requesting the amendment, the information which is stricken, the information inserted and an abstract of the documents supporting the amendment documentation.

AB898,67 Section 67. 69.12 (1) of the statutes is amended to read:

AB898,18,4 69.12 (1) If the state registrar cannot make an amendment to a vital record under s. 69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred. The petition shall be accompanied by a certified copy of the original vital record. If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the court's determination to the state registrar on a form in the manner prescribed by the state registrar, along with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the report, the state registrar shall, if information as to the cause of death on an original certificate of a death record is changed or if information on a marriage certificate record concerning the identity of a parent of a party to a marriage is changed, act under sub. (4), or shall change the record under s. 69.11 (5) and if the record is not enabled in the state system of vital records, send a notice of the change the amended record to the local registrar who shall make the change in replace the record filed in his or her office. This subsection does not apply to a name change prohibited under s. 301.47.

AB898,68 Section 68. 69.12 (2) of the statutes is amended to read:

AB898,18,8 69.12 (2) A court may not order amendment of the names of the parents of a registrant on a birth certificate record on the grounds of termination of parental rights or termination of custody.

AB898,69 Section 69. 69.12 (3) of the statutes is amended to read:

AB898,18,11 69.12 (3) The state registrar shall amend under s. 69.11 (5) an item on a birth certificate record as directed by an order under this section.

AB898,70 Section 70. 69.12 (4) of the statutes is amended to read:

AB898,18,18 69.12 (4) (a) If a court's determination under sub. (1) changes information as to the cause of death on an original certificate of a death record or changes information on a marriage certificate record concerning the identity of a parent of a party to the marriage and the court in accordance with the petition orders the creation of a new certificate of death or marriage certificate record, the state registrar shall do all of the following:

AB898,19,5 1. Prepare a new certificate of death or a new marriage certificate record, whichever is applicable. On a new certificate of death record, the state registrar shall omit the changed information, including the name of the physician, coroner or medical examiner who certified the cause of death and enter any other original and any new information, including the name of the judge and the date of the order, sign the new information, enter any notation of support in the margin of the record and insert a note that the certificate of death record has been amended. On a new marriage certificate record, the state registrar shall omit the changed information concerning the identity of a parent of a party to the marriage, enter the unchanged information from the original certificate record, and enter any new information included in the court order concerning the identity of a parent of a party to the marriage, but shall not note that the certificate record is amended.

AB898,19,10 2. Register a new certificate of death or marriage certificate record created under this subsection and impound the original certificate of death or marriage certificate record and all correspondence, affidavits, court orders, and other related materials and prohibit access except by court order or except by the state registrar for processing purposes.

AB898,19,14 3. Send a copy of any new certificate of death or marriage certificate record registered under this subsection to the local registrar who filed the original of the replaced certificate of death or marriage certificate, if the record is not enabled in the state system of vital records.

AB898,19,17 (b) Upon receipt of the copy under par. (a) 3., the local registrar shall destroy his or her copy of the replaced certificate of death or marriage certificate record and file the new certificate of death or marriage certificate record.

AB898,71 Section 71. 69.12 (5) of the statutes is amended to read:

AB898,19,23 69.12 (5) A change in the marital status on the certificate record 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 record. This section may not be used to add or delete the name of a parent on the certificate record of birth or change the identity of either parent named on the certificate of birth record.

AB898,72 Section 72. 69.13 (intro.) and (1) of the statutes are amended to read:

AB898,20,5 69.13 Correction of facts misrepresented by informant for certificate record of birth. (intro.) 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 record of birth that is registered in this state if all of the following conditions apply:

AB898,20,8 (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 record.

AB898,72 Section 72. 69.13 (2) (a) of the statutes is amended to read:

AB898,20,11 69.13 (2) (a) A petition for correction filed by a person with a direct and tangible interest in the certificate of birth record.

AB898,73 Section 73. 69.13 (2) (b) 1. of the statutes is amended to read:

AB898,20,13 69.13 (2) (b) 1. A certified copy of the original certificate of birth record.

AB898,74 Section 74. 69.13 (2) (b) 4. of the statutes is amended to read:

AB898,20,19 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of record, divorce or annulment record, 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.

AB898,75 Section 75. 69.13 (2) (b) 5. of the statutes is amended to read:

AB898,20,22 69.13 (2) (b) 5. A statement signed by the certificate record of birth informant or the petitioner acknowledging that the disputed information was misrepresented.

AB898,76 Section 76. 69.14 (1) (a) 1. of the statutes is renumbered 69.14 (1) (a) and amended to read: