Amendment ASA1-AB898

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 An Act to repeal 69.04 (1) (a) 1., 69.04 (2) (b), 69.05 (2), (3) and (3m), 69.06 (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. and 3., 69.14 (3) (b), 69.18 (1m) (a) 3., 69.22 (4) and 69.23; to renumber and amend 69.04 (1) (a) 2. and 69.14 (1) (a) 1.; to consolidate, renumber and amend 69.10 (1) (intro.) and (b); and to amend 48.195 (1), 48.385 (2), 48.432 (1) (am) 1., 48.94 (title), (1) and (2) (intro.), 49.22 (7g) (a), 49.785 (1r) (b), 49.84 (2), 59.365 (1) (b) and (3) (a), 59.43 (1c) (b), 69.01 (8), 69.01 (10), 69.01 (11), 69.01 (15) (b), 69.01 (16m), 69.01 (19), 69.01 (21), 69.01 (24), 69.01 (25) (intro.), 69.01 (26) (a), 69.01 (26) (c), 69.01 (27), 69.02 (1) (a), 69.03 (2), 69.03 (3), 69.03 (4), 69.03 (5), 69.03 (6), 69.03 (7), 69.03 (11), 69.03 (14), 69.03 (15), 69.04 (2) (a), 69.04 (2) (c), 69.04 (3) (a), 69.05 (4), 69.06 (1), 69.07 (1), 69.08 (1), 69.08 (2), 69.08 (3), 69.08 (5), 69.08 (7), 69.11 (3) (b) 1., 69.11 (3) (b) 2., 69.11 (3) (c) (intro.), 69.11 (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 (5), 69.13 (intro.) and (1), 69.13 (2) (a), 69.13 (2) (b) 4., 69.13 (2) (b) 5., 69.14 (1) (b), 69.14 (1) (c) (intro.), 69.14 (1) (d), (e), (f), (g) and (h), 69.14 (2) (a), 69.14 (2) (b) 1. and 2. (intro.), 3. a., b. and d., 4. (intro.), 5., 6., 7. (intro.) and 8. (intro.) and a., 69.14 (3) (a) (intro.) and 6., 69.14 (3) (c), 69.15 (title), (1) (intro.) and (b), (2) (a) (intro.), 2., 5. and 6., (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3., (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), 69.16 (2), 69.17, 69.18 (1) (b) (intro.), 69.18 (1) (bm) (intro.), 69.18 (1) (c), 69.18 (1) (cm) 1. (intro.), 69.18 (1) (d), 69.18 (1m) (intro.), 69.18 (1m) (a) 5., 69.18 (1m) (b) 2., 69.18 (2) (a), (b), (d) 1. and 2., (e) and (f) 1. and 3. and (3) (a), 69.19, 69.20 (2) (a) (intro.) and 2. and (c), (3) (b) 4., (c) and (e) (intro.), 1. a. and b. and 2. and (4), 69.21 (1) (a) 1., 69.21 (1) (a) 2. (intro.), 69.21 (1) (a) 2. b., 69.21 (1) (a) 2. c., 69.21 (1) (b) 2., 69.21 (1) (b) 3., 69.21 (1) (b) 4., 69.21 (1) (b) 5., 69.21 (2) (a), 69.21 (3), 69.21 (4) (b), 69.22 (1) (c), 69.22 (1) (cm), 69.22 (1m), 69.22 (5) (a) 3., 69.22 (5) (b) 2., 69.24 (1) (b), 69.24 (1) (c), 69.24 (1) (d), 69.24 (1) (e), 69.24 (1) (h), 69.24 (2) (a), 69.24 (2) (b), 100.545 (1) (h) 2., 214.37 (4) (k) 2., 215.26 (8) (e) 2., 343.125 (2) (a) 2., 343.14 (2r), 343.50 (8) (c) 2., 445.13 (1m) (a), 445.13 (1m) (b), 711.05 (1) (b), 711.12 (7) (a), 765.002 (4), 765.09 (3) (b), 767.80 (6m), 767.803, 767.805 (5) (b), 767.805 (6) (c), 767.87 (1m) (intro.), 767.89 (2) (b) 1., 2. and 3., 770.07 (1) (d) 2., 770.10, 770.12 (3), 786.36 (2), 786.36 (2m) (a) and (b), 867.045 (1) (intro.), 867.046 (2) (intro.), 891.09 (1), 891.39 (3), 895.4803, 938.385 (2) and 979.01 (1) (h) of the statutes; relating to: changes to vital records references and procedures.

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-ASA1,1 Section 1. 48.195 (1) of the statutes, as affected by 2017 Wisconsin Act 12, is amended to read:

AB898-ASA1,4,8 48.195 (1) Taking child into custody. In addition to being taken into custody under s. 48.19, a child whom a law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes to be 72 hours old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child to the law enforcement officer, emergency medical services practitioner, or hospital staff member and does not express an intent to return for the child. If a parent who wishes to relinquish custody of his or her child under this subsection is unable to travel to a sheriff's office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical services practitioner, or hospital staff member is located, the parent may dial the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or emergency medical services practitioner to meet the parent and take the child into custody. A law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth certificate record for the child under s. 69.14 (3).

AB898-ASA1,2 Section 2. 48.385 (2) of the statutes is amended to read:

AB898-ASA1,4,18 48.385 (2) Identification documents and other information. Except as provided in this subsection, ensure that the child is in possession of a certified copy of the child's birth certificate record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the child's health care records, and either an operator's license issued under ch. 343 or an identification card issued under s. 343.50. If the child is not in possession of any of those documents or that information, the agency shall assist the child in obtaining any missing document or information. This subsection does not apply to a child who has been placed in out-of-home care for less than 6 months.

AB898-ASA1,3 Section 3. 48.432 (1) (am) 1. of the statutes is amended to read:

AB898-ASA1,4,21 48.432 (1) (am) 1. The mother designated on the individual's or adoptee's original birth certificate record.

AB898-ASA1,4 Section 4. 48.94 (title), (1) and (2) (intro.) of the statutes are amended to read:

AB898-ASA1,5,6 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-ASA1,5,12 (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 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-ASA1,5 Section 5. 49.22 (7g) (a) of the statutes is amended to read:

AB898-ASA1,5,17 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-ASA1,6 Section 6. 49.785 (1r) (b) of the statutes is amended to read:

AB898-ASA1,5,20 49.785 (1r) (b) Fees assessed for the signing of a death certificate record by a coroner or medical examiner.

AB898-ASA1,7 Section 7. 49.84 (2) of the statutes is amended to read:

AB898-ASA1,6,3 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 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 or social security number. The department of health services shall provide without charge any copy for which application is made under this subsection.

AB898-ASA1,8 Section 8. 59.365 (1) (b) and (3) (a) of the statutes are amended to read:

AB898-ASA1,6,6 59.365 (1) (b) Fees assessed for the signing of a death certificate record by a coroner or medical examiner.

AB898-ASA1,6,16 (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-ASA1,9 Section 9. 59.43 (1c) (b) of the statutes is amended to read:

AB898-ASA1,6,19 59.43 (1c) (b) Perform the duties that are related to vital statistics records under ss. 69.05 and 69.07.

AB898-ASA1,10 Section 10. 69.01 (8) of the statutes is amended to read:

AB898-ASA1,6,24 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-ASA1,11 Section 11. 69.01 (10) of the statutes is amended to read:

AB898-ASA1,7,3 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-ASA1,12 Section 12. 69.01 (11) of the statutes is amended to read:

AB898-ASA1,7,6 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-ASA1,13 Section 13. 69.01 (15) (b) of the statutes is amended to read:

AB898-ASA1,7,9 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-ASA1,14 Section 14. 69.01 (16m) of the statutes is amended to read:

AB898-ASA1,7,14 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-ASA1,15 Section 15. 69.01 (19) of the statutes is amended to read:

AB898-ASA1,7,17 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-ASA1,16 Section 16. 69.01 (21) of the statutes is amended to read:

AB898-ASA1,7,21 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-ASA1,17 Section 17. 69.01 (24) of the statutes is amended to read:

AB898-ASA1,7,24 69.01 (24) “State registrar" means the state registrar of vital statistics records appointed by the department under s. 69.02 (1) (b).

AB898-ASA1,18 Section 18. 69.01 (25) (intro.) of the statutes is amended to read:

AB898-ASA1,8,1 69.01 (25) (intro.) “System of vital statistics” records" means:

AB898-ASA1,19 Section 19. 69.01 (26) (a) of the statutes is amended to read:

AB898-ASA1,8,5 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-ASA1,20 Section 20. 69.01 (26) (c) of the statutes is amended to read:

AB898-ASA1,8,8 69.01 (26) (c) Data related to documents records under par. (a) or worksheets under par. (b).

AB898-ASA1,21 Section 21. 69.01 (27) of the statutes is amended to read:

AB898-ASA1,8,13 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-ASA1,22 Section 22. 69.02 (1) (a) of the statutes is amended to read:

AB898-ASA1,8,15 69.02 (1) (a) Establish a unit called the office of vital statistics records.

AB898-ASA1,23 Section 23. 69.03 (2) of the statutes is amended to read:

AB898-ASA1,8,17 69.03 (2) Direct the system of vital statistics records.

AB898-ASA1,24 Section 24. 69.03 (3) of the statutes is amended to read:

AB898-ASA1,8,19 69.03 (3) Supervise the office of vital statistics records.

AB898-ASA1,25 Section 25. 69.03 (4) of the statutes is amended to read:

AB898-ASA1,8,23 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-ASA1,26 Section 26. 69.03 (5) of the statutes is amended to read:

AB898-ASA1,9,14 69.03 (5) Under this subchapter, accept for registration, assign a date of acceptance, and index and preserve original certificates of birth and death, original marriage documents, original divorce reports, original declarations of domestic partnership, and original certificates of termination of records of birth, death, divorce, and 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-ASA1,27 Section 27. 69.03 (6) of the statutes is amended to read:

AB898-ASA1,9,17 69.03 (6) Direct any activity related to the operation of the system of vital statistics records.

AB898-ASA1,28 Section 28. 69.03 (7) of the statutes is amended to read:

AB898-ASA1,9,20 69.03 (7) Conduct training programs to promote uniformity of policy and procedures in this state in the system of vital statistics records.

AB898-ASA1,29 Section 29. 69.03 (11) of the statutes is amended to read:

AB898-ASA1,9,25 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-ASA1,30 Section 30. 69.03 (14) of the statutes is amended to read:

AB898-ASA1,10,11 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-ASA1,31 Section 31. 69.03 (15) of the statutes is amended to read:

AB898-ASA1,10,16 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.