Amendment ASA1-SB55

SB55-ASA1,690,23 a. Record the correct information in the relevant area of the vital record.

SB55-ASA1,691,3 b. Maintain legibility of the changed information by placing a single line through the changed entry, by recording the changed information elsewhere on the legal portion of the vital record, or both.

SB55-ASA1,691,6 c. Make a notation on the vital record that clearly states that the vital record has been amended and that gives the number of the item corrected, the date of the correction, and the source of the amending information.

SB55-ASA1,691,7 d. Initial the amendment notation specified in subd. 2. c.

SB55-ASA1, s. 1091 Section 1091. 69.12 (5) of the statutes is created to read:

SB55-ASA1,691,13 69.12 (5) A change in the marital status on the certificate 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. This section may not be used to add or delete the name of a parent on the certificate of birth or change the identity of either parent named on the certificate of birth.

SB55-ASA1, s. 1092 Section 1092. 69.13 of the statutes is created to read:

SB55-ASA1,691,19 69.13 Correction of facts misrepresented by informant for certificate of birth. 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 of birth that is registered in this state if all of the following conditions apply:

SB55-ASA1,691,22 (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.

SB55-ASA1,691,24 (2) The state registrar receives, on a form prescribed by the state registrar, a court order that is accompanied by all of the following:

SB55-ASA1,692,2 (a) A petition for correction filed by a person with a direct and tangible interest in the certificate of birth.

SB55-ASA1,692,4 (b) Certification that all of the following supporting evidence, as listed by the court in the order, was presented in addition to oral testimony:

SB55-ASA1,692,5 1. A certified copy of the original certificate of birth.

SB55-ASA1,692,7 2. If the birth occurred in a hospital, a copy of the birth worksheet and any other supporting documentation from the hospital.

SB55-ASA1,692,8 3. If the birth did not occur in a hospital, a statement from the birth attendant.

SB55-ASA1,692,13 4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of divorce or annulment 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.

SB55-ASA1,692,15 5. A statement signed by the certificate of birth informant or the petitioner acknowledging that the disputed information was misrepresented.

SB55-ASA1,692,16 (c) The supporting evidence specified in par. (b) 1. to 5.

SB55-ASA1,692,17 (d) The fee specified under s. 69.22 (5) (b) 1.

SB55-ASA1, s. 1093 Section 1093. 69.14 (1) (a) 1. of the statutes is amended to read:

SB55-ASA1,692,25 69.14 (1) (a) 1. Except as provided under subd. 2., a certificate of birth for every birth which that occurs in this state shall be filed in the registration district in which the birth occurs within 5 days after the birth and shall be registered with the state registrar, who shall register the birth under this subchapter and shall make a copy of the certificate of birth available to the registration district in which the birth occurred and the registration district in which the mother of the registrant resided at the time of the birth.

SB55-ASA1, s. 1094 Section 1094. 69.14 (1) (cm) of the statutes is amended to read:

SB55-ASA1,693,16 69.14 (1) (cm) Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. From the appropriation under s. 20.445 (3) (mc) (dz), the department of workforce development shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.

SB55-ASA1, s. 1095 Section 1095. 69.15 (1) (b) of the statutes is amended to read:

SB55-ASA1,693,22 69.15 (1) (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 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.

SB55-ASA1, s. 1096 Section 1096. 69.18 (1) (bm) (intro.) of the statutes is amended to read:

SB55-ASA1,694,7 69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification under sub. (2). Within 2 days after receipt of the medical certification under sub. (2), the person filing the certificate of death shall mail or present the certificate of death in:

SB55-ASA1, s. 1097 Section 1097. 69.18 (1) (c) of the statutes is amended to read:

SB55-ASA1,694,12 69.18 (1) (c) A hospital or, a nursing home, as defined in s. 50.01 (3), or a hospice, as defined in s. 50.90 (1), which is the place of death of a person may prepare a certificate of death for the person and give the certificate to the person who moves the corpse under par. (a).

SB55-ASA1, s. 1098 Section 1098. 69.18 (1) (d) of the statutes is amended to read:

SB55-ASA1,694,19 69.18 (1) (d) A hospital or, nursing home, or hospice, as defined in s. 50.90 (1) (c), may not release a corpse to any person under par. (a) unless the person presents a notice of removal on a form prescribed by the state registrar, in duplicate, to the administrator of the hospital or, 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 or, nursing home, or hospice is located.

SB55-ASA1, s. 1099 Section 1099. 69.18 (1m) of the statutes is created to read:

SB55-ASA1,694,22 69.18 (1m) Format. Beginning on January 1, 2003, a certificate of death shall consist of the following parts:

SB55-ASA1,694,23 (a) Fact-of-death information, which shall include all of the following:

SB55-ASA1,694,25 1. The name and other identifiers of the decedent, including the decedent's social security number, if any.

SB55-ASA1,695,1 2. The date, time, and place that the decedent was pronounced dead.

SB55-ASA1,695,2 3. The manner of the decedent's death.

SB55-ASA1,695,3 4. The identity of the person certifying the death.

SB55-ASA1,695,4 5. The dates of certification and filing of the certificate of death.

SB55-ASA1,695,5 (b) Extended fact-of-death information, which includes all of the following:

SB55-ASA1,695,6 1. All information under par. (a).

SB55-ASA1,695,7 2. Information on final disposition and cause of death.

SB55-ASA1,695,8 3. Injury-related data.

SB55-ASA1,695,9 (c) Statistical-use-only information, which includes all of the following:

SB55-ASA1,695,12 1. All information other than that under par. (b) that is collected on the standard death record form recommended by the federal agency responsible for national vital statistics.

SB55-ASA1,695,14 2. Other data, as directed by the state registrar, including race, educational background, and health risk behavior.

SB55-ASA1, s. 1100 Section 1100. 69.18 (2) (a) of the statutes is amended to read:

SB55-ASA1,695,18 69.18 (2) (a) On the form for a certificate of death prescribed by the state registrar under sub. (1) (b), the state registrar shall provide for a separate medical certification section to be completed under this subsection.

SB55-ASA1, s. 1101 Section 1101. 69.18 (2) (d) 1. of the statutes is amended to read:

SB55-ASA1,696,2 69.18 (2) (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 part of the death certificate for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

SB55-ASA1, s. 1102 Section 1102. 69.18 (2) (d) 2. of the statutes is amended to read:

SB55-ASA1,696,11 69.18 (2) (d) 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 part of the death certificate for the death and mail the death certificate within 5 days after the pronouncement of death or present the certificate to the person responsible for filing the death certificate under sub. (1) within 6 days after the pronouncement of death.

SB55-ASA1, s. 1103 Section 1103. 69.20 (2) (a) of the statutes is renumbered 69.20 (2) (a) (intro.) and amended to read:

SB55-ASA1,696,20 69.20 (2) (a) (intro.) Except as provided under sub. (3), information in the part of a birth certificate, of birth or divorce or annulment or a marriage document or divorce report that is designated on the form as being collected for statistical or medical and statistical use only and information in the part of a death certificate that is designated on the form as being collected as statistical-use-only information under s. 69.18 (1m) (c) may not be disclosed to any person except the subject following:

SB55-ASA1,696,22 1. The subject of the information, or, if the subject is a minor, to his or her parent or guardian.

SB55-ASA1, s. 1104 Section 1104. 69.20 (2) (a) 2. of the statutes is created to read:

SB55-ASA1,696,25 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s. 69.18 (4) (a) 1. to 6. or an individual who is authorized in writing by one of the persons.

SB55-ASA1, s. 1105 Section 1105. 69.20 (2) (c) of the statutes is created to read:

SB55-ASA1,697,6 69.20 (2) (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 to anyone except to a person specified under sub. (1), or to a direct descendent of the decedent.

SB55-ASA1, s. 1106 Section 1106. 69.20 (3) (e) of the statutes is repealed and recreated to read:

SB55-ASA1,697,11 69.20 (3) (e) Public use indexes of certificates of birth, death, or divorce or annulment, or marriage documents that are filed in the system of vital statistics at the state or local level are accessible only by inspection at the office of the state registrar or of a local registrar and may not be copied or reproduced except as follows:

SB55-ASA1,697,14 1. a. Certificate of birth index information may be copied or reproduced for the public only after 100 years have elapsed from the year in which the birth occurred. No information in the index that has been impounded under s. 69.15 may be released.

SB55-ASA1,697,16 b. Subdivision 1. a. does not apply to certificate of birth indexes of events that occurred before October 1, 1907.

SB55-ASA1,697,19 2. Indexes of certificates of death or divorce or annulment may be copied or reproduced for the public after 24 months have elapsed from the year in which the event occurred.

SB55-ASA1,697,23 3. Beginning January 1, 2003, any information that is obtained from an index under subd. 1. or 2. and that is released shall contain the following statement: "This information is not a legal vital record index. Inclusion of any information does not constitute legal verification of the fact of the event."

SB55-ASA1, s. 1107 Section 1107. 69.20 (4) of the statutes is amended to read:

SB55-ASA1,698,5 69.20 (4) The Under procedures that are promulgated by rule, the state registrar and every local registrar shall protect vital records from mutilation, alteration or, theft, or fraudulent use and shall protect the privacy rights of registrants and their families by strictly controlling direct access to any vital record filed or registered in paper form through procedures promulgated by rule.

SB55-ASA1, s. 1108 Section 1108. 69.21 (1) (a) 2. b. of the statutes is amended to read:

SB55-ASA1,698,11 69.21 (1) (a) 2. b. Any information of the part of a birth certificate, of birth, death, or divorce or annulment or a marriage document or divorce report, the disclosure of which is limited under s. 69.20 (2) (a) and (c), unless the requester is the subject of the information or, for a decedent, unless the requester is specified in s. 69.20 (2) (a) 2.

SB55-ASA1, s. 1109 Section 1109. 69.21 (1) (b) 4. of the statutes is amended to read:

SB55-ASA1,698,18 69.21 (1) (b) 4. Any A copy of a death certificate issued under par. (a) for a death that occurred before January 1, 2003, shall include, without limitation due to enumeration, the name, sex, date and place of death, age or birth date, cause and manner of death, and social security number, if any, of the decedent, and the file number and the file date of the certificate, except that a requester may, upon request, obtain a copy that does not include the cause of death.

SB55-ASA1, s. 1110 Section 1110. 69.21 (1) (b) 5. of the statutes is created to read:

SB55-ASA1,698,24 69.21 (1) (b) 5. A copy of a death certificate issued under par. (a) for a death that occurs after December 31, 2002, shall be on a form that contains only fact-of-death information specified in s. 69.18 (1m) (a), except that a requester may, upon request, obtain a form that contains extended fact-of-death information specified in s. 69.18 (1m) (b).

SB55-ASA1, s. 1111 Section 1111. 69.22 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,699,2 69.22 (1) (intro.) The Except as provided in sub. (6), the state registrar and any local registrar acting under this subchapter shall collect the following fees:

SB55-ASA1, s. 1112 Section 1112. 69.22 (1) (a) of the statutes is amended to read:

SB55-ASA1,699,6 69.22 (1) (a) Except as provided under par. (c), $7 for issuing one certified copy of a vital record and $2 $3 for any additional certified copy of the same vital record issued at the same time.

SB55-ASA1, s. 2095g Section 2095g. 69.22 (1) (b) of the statutes is repealed and recreated to read:

SB55-ASA1,699,8 69.22 (1) (b) Except as provided under par. (c), all of the following:

SB55-ASA1,699,12 1. For issuing an uncertified copy of a vital record issued under s. 69.21 (2) (a) or (b) for an event that occurred before 1930 or for verifying information about the event submitted by an requester without issuance of a copy, $3, and $1 for any additional copy of the same vital record issued at the same time.

SB55-ASA1,699,16 2. For issuing an uncertified copy of a vital record issued under s. 69.21 (2) (a) or (b) for an event that occurs after December 31, 1929, or for verifying information about the event submitted by a requester without issuance of a copy, $7, and $3 for any additional copy of the same vital record issued at the same time.

SB55-ASA1, s. 2095h Section 2095h. 69.22 (1) (c) of the statutes is renumbered 69.22 (1) (c) 1. and amended to read:

SB55-ASA1,699,24 69.22 (1) (c) 1. Twelve dollars for issuing a an uncertified copy of a birth certificate for a birth that occurred after December 31, 1929, or a certified copy of a birth certificate, $7 of which shall be forwarded to the state treasurer as provided in sub. (1m) and credited to the appropriations under s. 20.433 (1) (g) and (h); and $3 for issuing any additional certified or uncertified copy of the same birth certificate issued at the same time, all of which shall be forwarded as provided in sub. (1m).

SB55-ASA1, s. 2095i Section 2095i. 69.22 (1) (c) 2. of the statutes is created to read:

SB55-ASA1,700,3 69.22 (1) (c) 2. Three dollars for issuing an uncertified copy of a birth certificate for a birth that occurred before 1930, and $1 for any additional uncertified copy of the same birth certificate issued at the same time.

SB55-ASA1, s. 1113 Section 1113. 69.22 (1) (d) of the statutes is created to read:

SB55-ASA1,700,6 69.22 (1) (d) In addition to other fees under this subchapter, $10 for expedited service in issuing a vital record.

SB55-ASA1, s. 2096c Section 2096c. 69.22 (1m) of the statutes is amended to read:

SB55-ASA1,700,14 69.22 (1m) The state registrar and any local registrar acting under this subchapter shall, for each copy of a birth certificate for which a fee under sub. (1) (c) 1. is charged that is issued during a calendar quarter, forward to the state treasurer the amount for deposit in the appropriations under s. 20.433 (1) (g) and (h) the amounts specified in sub. (1) (c) for each copy of a birth certificate issued during a calendar quarter by the 15th day of the first month following the end of the calendar quarter.