AB898: Bill Text

AB898,85 Section 85. 69.14 (3) (c) of the statutes is amended to read:

AB898,27,21 69.14 (3) (c) If at any time after a birth certificate record is filed for a registrant under this subsection a birth certificate record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

AB898,86 Section 86. 69.145 (title), (1) (a), (b) and (c), (2) (a), (b) and (c), (3) and (4) (a) and (b) (intro.), 1. and 2. of the statutes are amended to read:

AB898,28,3 69.145 (title) Certificate Record of birth resulting in stillbirth. (1) (a) That they may request preparation of a certificate record of birth resulting in stillbirth.

AB898,28,4 (b) That preparation of the certificate record is optional.

AB898,28,6 (c) How to obtain a certified copy of the certificate record if one is requested and prepared.

AB898,28,11 (2) (a) If the parent or parents of the stillbirth, after being advised as provided in sub. (1), wish to have a certificate record of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. shall, within 5 days after delivery of the stillbirth, prepare and file the certificate record with the state registrar.

AB898,28,14 (b) If the parent or parents of the stillbirth do not wish to provide a name for the stillbirth, the person who prepares the certificate record of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth.

AB898,28,18 (c) Either parent of the stillbirth or, if neither parent is available, another person with knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered on the certificate record in time to permit the filing of the certificate record within 5 days after delivery.

AB898,29,3 (3) Special preparation under certain circumstances. Notwithstanding subs. (1) and (2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s. 69.18 (1) (e) 1. but a certificate record of birth resulting in stillbirth was not prepared under sub. (2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate record of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.

AB898,29,6 (4) (a) Prescribe the form of, and information to be included on, a certificate record of birth resulting in stillbirth, which shall be as similar as possible to the form of and information included on a certificate record of birth.

AB898,29,9 (b) (intro.) Issue a certified copy of a certificate record of birth resulting in stillbirth to a parent of the stillbirth that is the subject of the certificate record if all of the following conditions are satisfied:

AB898,29,11 1. A certificate record of birth resulting in stillbirth has been prepared and filed under sub. (2) or (3).

AB898,29,13 2. The parent requesting a certified copy of the certificate record submits the request in writing.

AB898,87 Section 87. 69.15 (title), (1) (intro.) and (b), (2) (a) (intro.), 2., 5. and 6., (b), (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3. and (e), (3) (a) (intro.), 1., 2., 3. and 4., (b) 1., 3. and 4. (intro.), (c) and (d), (3m) (a) 2. and 3. and (b), (4) (a) and (b), (4m) (a) 1. and (b), (5) and (6) (title), (a), (b) and (c) of the statutes are amended to read:

AB898,29,23 69.15 (title) Changes of fact on birth certificates records. (1) Birth certificate record information changes. (intro.) The state registrar may change information on a birth certificate record registered in this state which was correct at the time the birth certificate record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

AB898,30,3 (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 in the method prescribed 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.

AB898,30,10 (2) (a) (intro.) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new certificate record for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1), that no new certificate record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate record registered for the subject of the adoption. The new certificate record shall show:

AB898,30,12 2. The date and place of birth as transcribed from the original certificate record. The date and place on the original certificate record may not be changed by the court.

AB898,30,13 5. The filing date on the original certificate record.

AB898,30,14 6. Any other information necessary to complete the new certificate record.

AB898,31,3 (b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s. 48.97 (3), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate record issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.

AB898,31,8 (c) If the state registrar determines that the registrant of a birth certificate record was adopted without a change in the registrant's birth certificate record under par. (a) or (b), the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub. (6), a new certificate record for the registrant.

AB898,31,12 (d) 1. (intro.) A court shall order the state registrar to prepare for the subject of a birth certificate record a new birth certificate record based on the information on the subject's original birth certificate record if all of the following circumstances apply:

AB898,31,14 a. The subject of the birth certificate record petitions the court for a new birth certificate record.

AB898,31,16 c. The subject did not have the opportunity under par. (a), at the time of the adoption, to request that no new birth certificate record be prepared.

AB898,31,18 d. The subject knows the identity of each birth parent who is named on his or her original birth certificate record.

AB898,31,21 e. Each birth parent who is alive and who is named on the subject's original birth certificate record does not object to the restoration of the information on the subject's original birth certificate record.

AB898,31,25 2. If the court grants an order under subd. 1., the state registrar shall prepare under sub. (6) a new birth certificate record using all of the information contained on the original birth certificate record, except for the adoptee's given name at birth, if different.

AB898,32,3 3. After preparing a new birth certificate record under subd. 2., the state registrar shall follow the procedure under sub. (6) (b) to impound all other birth certificates records of the subject except the subject's new birth certificate record.

AB898,32,14 (e) If the state registrar receives an order under s. 48.97 (2) (d) registering the foreign adoption of a child who was adopted under the circumstances described in s. 48.97 (2), the state registrar shall prepare a certification of birth data for the child using the form in use at the time the court submits the information under s. 48.97 (2) (d). The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order registering a foreign adoption order under s. 48.97 (2) (d), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate record issued by the state registrar.

AB898,32,18 (3) (a) (intro.) If the state registrar receives an order under sub. (1) which establishes paternity or determines that the man whose name appears on a registrant's birth certificate record is not the father of the registrant, the state registrar shall do the following, as appropriate:

AB898,32,22 1. Prepare under sub. (6) a new certificate record omitting the father's name if the order determines that the man whose name appears on a registrant's birth certificate record is not the father of the registrant and if there is no adjudicated father.

AB898,32,25 2. Prepare under sub. (6) a new certificate record for the subject of a paternity action changing the name of the father if the name of the adjudicated father is different than the name of the man on the birth certificate record.

AB898,33,3 3. Except as provided under subd. 4., insert the name of the adjudicated father on the original birth certificate record if the name of the father was omitted on the original certificate record.

AB898,33,8 4. If the order provides for a change in the child's given name or surname or both, enter the name indicated on a new birth certificate record prepared under subd. 1. or 2. or on the original birth certificate record under subd. 3. except that if the surname of a child under 7 years of age is changed, the state registrar shall prepare a new certificate record under sub. (6).

AB898,33,16 (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form in the manner prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents' marriage certificate record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband from the marriage certificate record as the father if the name of the father was omitted on the original birth certificate record. The state registrar shall include on the form for the acknowledgment the items in s. 767.813 (5g).

AB898,34,2 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate record to show that the form acknowledgement is on file. The form acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB898,34,7 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth certificate record, the state registrar shall enter the name indicated on the birth certificate record without a court order:

AB898,34,10 (c) If the state registrar is required to enter a new surname or a new given name on a birth certificate record under par. (b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new certificate record under sub. (6).

AB898,34,13 (d) The form method prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant's parents signing the form be provided.

AB898,34,16 (3m) (a) 2. The person rescinding the statement files with the state registrar a document a rescission in the method prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3.

AB898,34,21 3. The person rescinding the statement files the document a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB898,35,2 (b) If the state registrar, within the time required under par. (a) 3., receives a document rescission in the method prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3., along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new certificate record omitting the father's name if it was inserted under sub. (3) (b).

AB898,35,5 (4) (a) If the state registrar receives an order under sub. (1) which provides for a name change, the state registrar shall change the name on the original birth certificate record.

AB898,35,13 (b) Any person with a direct and tangible interest in a birth certificate record registered in this state may petition a court to change the name and sex of the registrant on the certificate record due to a surgical sex-change procedure. If the state registrar receives an order which provides for such a change the state registrar shall change the name and sex on the original certificate record, except that if the court orders the state registrar to prepare a new certificate record the state registrar shall prepare a new certificate record under sub. (6). This subsection does not apply to a name change prohibited under s. 301.47.

AB898,35,15 (4m) (a) 1. The request for the change is received to by the state registrar, in writing, on a form approved in the manner prescribed by the state registrar.

AB898,35,18 (b) If the conditions under par. (a) 1. to 4. are met, the state registrar shall change the registrant's name on the registrant's birth certificate record. The state registrar is not required to issue a new birth certificate record under this paragraph.

AB898,35,24 (5) New certificate record for a person without any certificate record. If no birth certificate record has been registered for any person who is more than 365 days old and who is entitled to a new certificate record under this section, and if the date and place of birth of the person have not been determined by a court, the state registrar shall register a birth certificate record for the individual under s. 69.14 (2) (b) before preparing a new certificate record under sub. (6).

AB898,36,6 (6) (title) Preparation of new certificates records. (a) The state registrar shall prepare a new birth certificate record that under this section on the form in use at the time the original certificate was filed. The state registrar shall include on a new certificate the date of creation of the new certificate record and shall sign it. The state registrar shall type on the new certificate any other legible signature on the original certificate.

AB898,36,16 (b) The state registrar shall register a new certificate record created under this section and shall impound the original certificate record or the certificate record registered under sub. (5) 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 or except when authorized under ss. 48.432 and 48.433. The state registrar shall send a copy notice of any new certificate record registered under this section to the local registrar who filed the original of the replaced certificate record. Upon receipt of the copy notification, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate original record.

AB898,36,21 (c) If the state registrar changes a birth certificate record on file or registered under this section instead of preparing a new certificate record, the state registrar shall make the change under s. 69.11 (5) and shall send a notice of the change to the local registrar who filed the original of the changed certificate. Upon receipt of the notice, the local registrar shall change his or her copy of the changed certificate.

AB898,88 Section 88. 69.16 (2) of the statutes is amended to read:

AB898,37,8 69.16 (2) If a person has married in this state, at least 365 days have elapsed since the marriage and no marriage document is on file, a person with a direct and tangible interest in having a marriage document registered may petition the circuit court of the county in which the marriage is alleged to have occurred. If the court finds that the petitioner has established the fact of the marriage required on the marriage document, except for the information under s. 69.20 (2), the clerk of the 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. Upon receipt of the report, the state registrar shall register the marriage document and send a copy of the document make the record available to the local registrar under s. 69.03 (11). The local registrar shall file the document.

AB898,89 Section 89. 69.17 of the statutes is amended to read:

AB898,37,16 69.17 Divorce report. At the end of every biweekly period, the clerk of any court which conducts divorce proceedings under ch. 767 shall forward to the state registrar, on a form supplied in the manner prescribed by the state registrar, a report of every divorce or annulment of marriage granted during the biweekly period. The form supplied by the state registrar shall require that the social security numbers of the parties to the divorce or annulment and the social security number of any child of the parties be provided.

AB898,90 Section 90. 69.18 (1) (b) (intro.) of the statutes is amended to read:

AB898,37,21 69.18 (1) (b) (intro.) Any person who moves a corpse under par. (a) shall file a certificate of death record for the corpse under this subsection on a form in the manner prescribed by the state registrar under any one of the following circumstances:

AB898,91 Section 91. 69.18 (1) (bm) (intro.) of the statutes is amended to read:

AB898,38,6 69.18 (1) (bm) (intro.) A person required to file a certificate of death record under par. (b) shall obtain the information required for the certificate of death record from the next of kin or the best qualified person or source available. The person filing the certificate of death record shall enter his or her signature on the certificate record and include his or her address and the date of signing and shall present or mail the certificate record, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the certificate of death record shall mail or present the certificate of death record in:

AB898,92 Section 92. 69.18 (1) (c) of the statutes is amended to read:

AB898,38,11 69.18 (1) (c) A hospital, a nursing home, as defined in s. 50.01 (3), or a hospice that is the place of death of a person may prepare a certificate of death record for the person and give the certificate record to the person who moves the corpse under par. (a).

AB898,93 Section 93. 69.18 (1) (cm) 1. (intro.) of the statutes is amended to read:

AB898,38,16 69.18 (1) (cm) 1. (intro.) For purposes of preparation of the certificate of death record and in accordance with accepted medical standards, a hospice nurse in a hospice that is directly involved with the care of a hospice patient who dies may pronounce the date, time, and place of the patient's death if all of the following apply:

AB898,94 Section 94. 69.18 (1) (d) of the statutes is amended to read:

AB898,38,23 69.18 (1) (d) A hospital, nursing home, or hospice may not release a corpse to any person under par. (a) unless the person presents a notice of removal on a form in the manner prescribed by the state registrar, in duplicate, to the administrator of the hospital, 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, nursing home, or hospice is located.

AB898,95 Section 95. 69.18 (1m) (intro.) of the statutes is amended to read:

AB898,39,2 69.18 (1m) Format. (intro.) Beginning on January 1, 2003 September 1, 2013, a certificate record of death shall consist of the following parts:

AB898,96 Section 96. 69.18 (1m) (a) 3. of the statutes is repealed.

AB898,97 Section 97. 69.18 (1m) (a) 5. of the statutes is amended to read:

AB898,39,6 69.18 (1m) (a) 5. The dates of certification and filing of the certificate of death record.

AB898,98 Section 98. 69.18 (1m) (b) 2. of the statutes is amended to read:

AB898,39,8 69.18 (1m) (b) 2. Information on final disposition , manner, and cause of death.

AB898,99 Section 99. 69.18 (2) (a), (b), (d) 1. and 2., (e) and (f) 1. and 3. and (3) (a) of the statutes are amended to read:

AB898,39,13 69.18 (2) (a) On the form for For a certificate of death record, in the manner prescribed by the state registrar under sub. (1) (b), the state registrar shall provide for a medical certification to be completed under this subsection.

AB898,39,20 (b) If a person under the care of a physician dies from the illness or condition for which the care is given and a coroner or medical examiner does not certify the cause of death under par. (d) 1., the physician shall complete and sign a medical certification for the death under par. (f) and mail the medical certification within 5 days after the pronouncement of death or present the medical certification to the person responsible for filing the death certificate record under sub. (1) within 6 days after the pronouncement of death.

AB898,40,3 (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 for the death and mail the death certificate record within 5 days after the pronouncement of death or present the certificate record to the person responsible for filing the death certificate record under sub. (1) within 6 days after the pronouncement of death.

AB898,40,10 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 for the death and mail the death certificate record within 5 days after the pronouncement of death or present the certificate record to the person responsible for filing the death certificate record under sub. (1) within 6 days after the pronouncement of death.

AB898,40,14 (e) Unless the person is a physician supervised by a coroner or medical examiner, no person may act under par. (d) if the subject of the death certificate record was his or her patient or a patient in a hospital, or nursing home, as defined in s. 50.01 (3), in which he or she has direct care of any patient.

AB898,40,23 (f) 1. A person signing a medical certification under par. (b), (c) or (d) shall describe, in detail, on a form in the manner prescribed by the state registrar, the cause of death, show the duration of each cause, the sequence of each cause if the cause of death was multiple and, if the cause was disease, the evolution of the disease. The person shall describe a disease in medical terms and may not limit the description to symptoms or conditions resulting from disease. If the cause of a death is medically certified under par. (d), the coroner or medical examiner shall describe any violence related to the cause of death, its effect on the decedent and whether it was accidental, suicidal, homicidal or undetermined.

AB898,41,5 3. A person signing a medical certification under par. (b), (c) or (d) shall note on the certificate record if the cause of death of the subject of the certificate record is unknown, undetermined or if the determination of the cause of death is pending and shall submit to the state registrar within 30 days after the pronouncement of death an amendment to the medical certification which satisfies the requirements of subd. 1., except that such amendment may exclude information which is unavailable pending the determination of an inquest under s. 979.04.

AB898,41,14 (3) (a) Except as provided under par. (c) or (e), the person who has moved a corpse under sub. (1) (a) shall complete a report for final disposition , on a form supplied in the manner prescribed by the state registrar, and, within 24 hours after being notified of the death, mail or present a copy of the report to the coroner or medical examiner in the county of the place of death and mail or present a copy to the local registrar in the registration district of the place of death. If the cause of death is subject to an investigation under s. 979.01 or 979.03, the report for final disposition shall be submitted to the coroner or medical examiner in the county in which the event which caused the death occurred.

AB898,100 Section 100. 69.19 of the statutes is amended to read:

AB898,42,2 69.19 Court-ordered certificates of death records. If a person has died in this state and final disposition of the person's corpse has been effected but no certificate of death record is on file one year after a death, a person with a direct and tangible interest in having a certificate of death record registered may petition the circuit court of the county in which the death is alleged to have occurred. If the court finds that the petitioner has established the facts of the death required on the certificate of death record, the clerk of the 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. Upon receipt of the report, the state registrar shall register the death certificate and send a copy to the local registrar under s. 69.03 (11). The local registrar shall file the copy record.

AB898,101 Section 101. 69.20 (2) (a) (intro.) and 2. and (c), (3) (b) 4., (c) and (e) (intro.), 1. a. and b. and 2. and (4) of the statutes are amended to read:

AB898,42,11 69.20 (2) (a) (intro.) Except as provided under sub. (3), information in the part of a certificate record of birth, divorce or annulment, or termination of domestic partnership, a marriage document, or a declaration of domestic partnership that is designated on the form record as being collected for statistical or medical and statistical use only and information in the part of a death certificate record that is designated on the form record as being collected as statistical-use-only information under s. 69.18 (1m) (c) may not be disclosed to any person except the following:

AB898,42,13 2. For a certificate of death record, any of the persons specified under s. 69.18 (4) (a) 1g. to 6. or an individual who is authorized in writing by one of the persons.

AB898,42,18 (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 record to anyone except to a person specified under sub. (1), or to a direct descendent of the decedent.

AB898,42,21 (3) (b) 4. The information is from a birth certificate record which indicates that the registrant has a congenital disability and is submitted to the department of public instruction.