LRBs0314/1
SWB:ahe
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 898
February 13, 2018 - Offered by Representative Ballweg.
AB898-ASA1,3,2
1An Act to repeal 69.04 (1) (a) 1., 69.04 (2) (b), 69.05 (2), (3) and (3m), 69.06 (2),
2(3) and (5), 69.07 (2), 69.08 (6), 69.10 (1) (a), 69.11 (5) (a) 2. d., 69.14 (1) (a) 2.
3and 3., 69.14 (3) (b), 69.18 (1m) (a) 3., 69.22 (4) and 69.23;
to renumber and
4amend 69.04 (1) (a) 2. and 69.14 (1) (a) 1.;
to consolidate, renumber and
5amend 69.10 (1) (intro.) and (b); and
to amend 48.195 (1), 48.385 (2), 48.432
6(1) (am) 1., 48.94 (title), (1) and (2) (intro.), 49.22 (7g) (a), 49.785 (1r) (b), 49.84
7(2), 59.365 (1) (b) and (3) (a), 59.43 (1c) (b), 69.01 (8), 69.01 (10), 69.01 (11), 69.01
8(15) (b), 69.01 (16m), 69.01 (19), 69.01 (21), 69.01 (24), 69.01 (25) (intro.), 69.01
9(26) (a), 69.01 (26) (c), 69.01 (27), 69.02 (1) (a), 69.03 (2), 69.03 (3), 69.03 (4),
1069.03 (5), 69.03 (6), 69.03 (7), 69.03 (11), 69.03 (14), 69.03 (15), 69.04 (2) (a),
1169.04 (2) (c), 69.04 (3) (a), 69.05 (4), 69.06 (1), 69.07 (1), 69.08 (1), 69.08 (2), 69.08
12(3), 69.08 (5), 69.08 (7), 69.11 (3) (b) 1., 69.11 (3) (b) 2., 69.11 (3) (c) (intro.), 69.11
13(3) (e) 1., 69.11 (4) (b), 69.11 (5) (b), 69.12 (1), 69.12 (2), 69.12 (3), 69.12 (4), 69.12
1(5), 69.13 (intro.) and (1), 69.13 (2) (a), 69.13 (2) (b) 4., 69.13 (2) (b) 5., 69.14 (1)
2(b), 69.14 (1) (c) (intro.), 69.14 (1) (d), (e), (f), (g) and (h), 69.14 (2) (a), 69.14 (2)
3(b) 1. and 2. (intro.), 3. a., b. and d., 4. (intro.), 5., 6., 7. (intro.) and 8. (intro.) and
4a., 69.14 (3) (a) (intro.) and 6., 69.14 (3) (c), 69.15 (title), (1) (intro.) and (b), (2)
5(a) (intro.), 2., 5. and 6., (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3., (3) (a)
6(intro.), 1., 2., 3. and 4., (b) 1., 3. and 4. (intro.), (c) and (d), (3m) (a) 2. and 3. and
7(b), (4) (a) and (b), (4m) (a) 1. and (b), (5) and (6) (title), (a), (b) and (c), 69.16 (2),
869.17, 69.18 (1) (b) (intro.), 69.18 (1) (bm) (intro.), 69.18 (1) (c), 69.18 (1) (cm) 1.
9(intro.), 69.18 (1) (d), 69.18 (1m) (intro.), 69.18 (1m) (a) 5., 69.18 (1m) (b) 2., 69.18
10(2) (a), (b), (d) 1. and 2., (e) and (f) 1. and 3. and (3) (a), 69.19, 69.20 (2) (a) (intro.)
11and 2. and (c), (3) (b) 4., (c) and (e) (intro.), 1. a. and b. and 2. and (4), 69.21 (1)
12(a) 1., 69.21 (1) (a) 2. (intro.), 69.21 (1) (a) 2. b., 69.21 (1) (a) 2. c., 69.21 (1) (b)
132., 69.21 (1) (b) 3., 69.21 (1) (b) 4., 69.21 (1) (b) 5., 69.21 (2) (a), 69.21 (3), 69.21
14(4) (b), 69.22 (1) (c), 69.22 (1) (cm), 69.22 (1m), 69.22 (5) (a) 3., 69.22 (5) (b) 2.,
1569.24 (1) (b), 69.24 (1) (c), 69.24 (1) (d), 69.24 (1) (e), 69.24 (1) (h), 69.24 (2) (a),
1669.24 (2) (b), 100.545 (1) (h) 2., 214.37 (4) (k) 2., 215.26 (8) (e) 2., 343.125 (2) (a)
172., 343.14 (2r), 343.50 (8) (c) 2., 445.13 (1m) (a), 445.13 (1m) (b), 711.05 (1) (b),
18711.12 (7) (a), 765.002 (4), 765.09 (3) (b), 767.80 (6m), 767.803, 767.805 (5) (b),
19767.805 (6) (c), 767.87 (1m) (intro.), 767.89 (2) (b) 1., 2. and 3., 770.07 (1) (d) 2.,
20770.10, 770.12 (3), 786.36 (2), 786.36 (2m) (a) and (b), 867.045 (1) (intro.),
21867.046 (2) (intro.), 891.09 (1), 891.39 (3), 895.4803, 938.385 (2) and 979.01 (1)
1(h) of the statutes;
relating to: changes to vital records references and
2procedures.
Analysis by the Legislative Reference Bureau
This substitute amendment makes various changes to chapter 69 and related
provisions to accommodate the use of electronic records. With certain exceptions
relating to marriage documentation, the substitute amendment changes
terminology to reference “records” rather than “certificates” or “documents.” The
substitute amendment also eliminates unnecessary terminology by grouping
references to certain records. Finally, the substitute amendment extends the
incorporation of references to a “system of vital records” to accommodate and refer
to the issuance of records through the use of an electronic system.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB898-ASA1,4,85
48.195
(1) Taking child into custody. In addition to being taken into custody
6under s. 48.19, a child whom a law enforcement officer, emergency medical services
7practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes
8to be 72 hours old or younger may be taken into custody under circumstances in
9which a parent of the child relinquishes custody of the child to the law enforcement
10officer, emergency medical services practitioner, or hospital staff member and does
11not express an intent to return for the child. If a parent who wishes to relinquish
12custody of his or her child under this subsection is unable to travel to a sheriff's office,
13police station, fire station, hospital, or other place where a law enforcement officer,
14emergency medical services practitioner, or hospital staff member is located, the
15parent may dial the telephone number “911" or, in an area in which the telephone
16number “911" is not available, the number for an emergency medical service
1provider, and the person receiving the call shall dispatch a law enforcement officer
2or emergency medical services practitioner to meet the parent and take the child into
3custody. A law enforcement officer, emergency medical services practitioner, or
4hospital staff member who takes a child into custody under this subsection shall take
5any action necessary to protect the health and safety of the child, shall, within 24
6hours after taking the child into custody, deliver the child to the intake worker under
7s. 48.20, and shall, within 5 days after taking the child into custody, file a birth
8certificate record for the child under s. 69.14 (3).
AB898-ASA1,2
9Section
2. 48.385 (2) of the statutes is amended to read:
AB898-ASA1,4,1810
48.385
(2) Identification documents and other information. Except as
11provided in this subsection, ensure that the child is in possession of a certified copy
12of the child's birth
certificate record, a social security card issued by the federal social
13security administration, information on maintaining health care coverage, a copy of
14the child's health care records, and either an operator's license issued under ch. 343
15or an identification card issued under s. 343.50. If the child is not in possession of
16any of those documents or that information, the agency shall assist the child in
17obtaining any missing document or information. This subsection does not apply to
18a child who has been placed in out-of-home care for less than 6 months.
AB898-ASA1,3
19Section
3. 48.432 (1) (am) 1. of the statutes is amended to read:
AB898-ASA1,4,2120
48.432
(1) (am) 1. The mother designated on the individual's or adoptee's
21original birth
certificate record.
AB898-ASA1,4
22Section
4. 48.94 (title), (1) and (2) (intro.) of the statutes are amended to read:
AB898-ASA1,5,6
2348.94 (title)
New birth certificate record. (1) After entry of the order
24granting the adoption the clerk of the court shall promptly mail a copy thereof to the
25state bureau of vital
statistics records and furnish any additional data needed for the
1new birth
certificate record. Whenever the parents by adoption, or the adopting
2parent and a birth parent who is the spouse of the adopting parent, request, that the
3birth
certificate record for the person adopted be not changed, then the court shall
4so order. In such event no new birth
certificate
record shall be filed by the state
5registrar
of vital statistics, notwithstanding the provisions of s. 69.15 (2) or any other
6law of this state.
AB898-ASA1,5,12
7(2) (intro.) If the court issues an order under s. 69.15 (2) (d) to restore the
8information from an adoptee's original birth
certificate record, the state registrar
9shall issue a new birth certificate containing the information from the adoptee's
10original birth
certificate record, except for the adoptee's given name at birth, if
11different. The restoration of any birth parent's name on the adoptee's birth
12certificate record does not do any of the following:
AB898-ASA1,5
13Section
5. 49.22 (7g) (a) of the statutes is amended to read:
AB898-ASA1,5,1714
49.22
(7g) (a) Training to hospital staff members concerning the
form 15acknowledgment that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and
16concerning the significance and benefits of, and alternatives to, of establishing
17paternity.
AB898-ASA1,6
18Section
6. 49.785 (1r) (b) of the statutes is amended to read:
AB898-ASA1,5,2019
49.785
(1r) (b) Fees assessed for the signing of a death
certificate record by a
20coroner or medical examiner.
AB898-ASA1,7
21Section
7. 49.84 (2) of the statutes is amended to read:
AB898-ASA1,6,322
49.84
(2) At the time of application, the agency administering the public
23assistance program shall apply to the department of health services for a certified
24copy of a birth
certificate record for the applicant if the applicant is required to
25provide a birth certificate or social security number as part of the application and for
1any person in the applicant's household who is required to provide a birth certificate
2or social security number. The department of health services shall provide without
3charge any copy for which application is made under this subsection.
AB898-ASA1,8
4Section
8. 59.365 (1) (b) and (3) (a) of the statutes are amended to read:
AB898-ASA1,6,65
59.365
(1) (b) Fees assessed for the signing of a death
certificate record by a
6coroner or medical examiner.
AB898-ASA1,6,16
7(3) (a) Notwithstanding subs. (1) (a) and (b) and (2), if a board that had been
8providing coroner or lay medical examiner services begins providing physician
9medical examiner services under an intergovernmental cooperation agreement
10under s. 66.0301 after December 31, 2015, and before April 1, 2016, the board may
11one time set the fee assessed for the signing of a death
certificate record at an amount
12exceeding the amount that was in effect on April 17, 2015, by not more than $100 and
13may one time set the fee assessed for the issuance of a cremation permit at an amount
14exceeding the amount that was in effect on April 17, 2015, by not more than $100.
15Fees under this paragraph may be established without regard to any change in the
16U.S. consumer price index.
AB898-ASA1,9
17Section
9. 59.43 (1c) (b) of the statutes is amended to read:
AB898-ASA1,6,1918
59.43
(1c) (b) Perform the duties that are related to vital
statistics records 19under ss. 69.05 and 69.07.
AB898-ASA1,10
20Section
10. 69.01 (8) of the statutes is amended to read:
AB898-ASA1,6,2421
69.01
(8) “Direction of the state registrar" means the determination in
22individual cases that statutes are being observed, the issuance of administrative
23rules, the imposition of statutory penalties and the maintenance of communications
24within the system of vital
statistics records.
AB898-ASA1,11
25Section
11. 69.01 (10) of the statutes is amended to read:
AB898-ASA1,7,3
169.01
(10) “File" means the acceptance by the local registrar and the initial
2incorporation of vital records provided under this subchapter into the system of vital
3statistics records.
AB898-ASA1,12
4Section
12. 69.01 (11) of the statutes is amended to read:
AB898-ASA1,7,65
69.01
(11) “Filing party" means any person who submits a vital record to a local
6registrar for filing in the system of vital
statistics records.
AB898-ASA1,13
7Section
13. 69.01 (15) (b) of the statutes is amended to read:
AB898-ASA1,7,98
69.01
(15) (b) The city registrar responsible for filing
certificates of births or
9certificates of births and deaths death records in his or her city.
AB898-ASA1,14
10Section
14. 69.01 (16m) of the statutes is amended to read:
AB898-ASA1,7,1411
69.01
(16m) “Medical certification" means those portions of a death
certificate 12record that provide the cause of death, the manner of death, injury-related data, and
13any other medically-related data that is collected as prescribed by the state registrar
14under s. 69.18 (1m) (c) 2.
AB898-ASA1,15
15Section
15. 69.01 (19) of the statutes is amended to read:
AB898-ASA1,7,1716
69.01
(19) “Registrant" means the subject of a
certificate record or declaration
17which a local registrar has accepted for filing in the system of vital
statistics records.
AB898-ASA1,16
18Section
16. 69.01 (21) of the statutes is amended to read:
AB898-ASA1,7,2119
69.01
(21) “Registration district" means a county, except that a city approved
20under s. 69.04 is a registration district for filing
certificates of births or certificates
21of births and deaths death records occurring in the city.
AB898-ASA1,17
22Section
17. 69.01 (24) of the statutes is amended to read:
AB898-ASA1,7,2423
69.01
(24) “State registrar" means the state registrar of vital
statistics records 24appointed by the department under s. 69.02 (1) (b).
AB898-ASA1,18
25Section
18. 69.01 (25) (intro.) of the statutes is amended to read:
AB898-ASA1,8,1
169.01
(25) (intro.) “System of vital
statistics” records" means:
AB898-ASA1,19
2Section
19. 69.01 (26) (a) of the statutes is amended to read:
AB898-ASA1,8,53
69.01
(26) (a)
Certificates
Records of birth, death, divorce or annulment,
and 4termination of domestic partnership, marriage
documents, and declarations of
5domestic partnership.