LRB-6032/1
KRP:skw&wlj
2023 - 2024 LEGISLATURE
April 11, 2024 - Introduced by Senators Spreitzer, Carpenter, Larson and Agard,
cosponsored by Representatives
Ratcliff, Clancy, Neubauer, Snodgrass,
Joers, Moore Omokunde, Sinicki, Bare, C. Anderson, Andraca, J. Anderson,
Vining, Madison and Baldeh. Referred to Committee on Government
Operations.
SB1105,1,4
1An Act to renumber and amend 786.37 (4); and
to create 786.37 (4) (a) (intro.)
2and 786.37 (4) (a) 2. of the statutes;
relating to: eliminating the publication
3requirement for a name change petition seeking to conform an individual's
4name with the individual's gender identity.
Analysis by the Legislative Reference Bureau
This bill provides an exception to the requirement that notices of name change
petitions must be published for an individual who is seeking a name change to
conform with the individual's gender identity.
Under current law, an individual who is a resident of this state generally is
entitled to petition the court of the county in which the individual resides to have the
individual's name changed or established if no sufficient cause is shown to the
contrary. Currently, the individual must, before petitioning the court, publish a
notice stating the nature of the petition and when and where the petition will be
heard. The individual must publish the notice in a local newspaper once a week for
three consecutive weeks. Current law provides an exception to the publication
requirement for an individual who 1) requests that the petition remain confidential,
2) shows that publication of the petition could endanger the individual, and 3) shows
that the individual is not seeking a name change in order to avoid a debt or conceal
a criminal record. Under current law, if the court determines that the individual is
not required to publish notice, all records related to the individual's name change are
generally confidential and exempt from disclosure under the state public records law.
This bill provides an additional exception to the publication requirement for an
individual who shows that the individual is seeking a name change to conform with
the individual's gender identity. Under the bill, an individual who requests a
confidential name change on that basis also must show that the individual is not
seeking a name change in order to avoid a debt or conceal a criminal record, but the
individual need not show that publication of the petition could endanger the
individual.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1105,1
1Section
1. 786.37 (4) of the statutes is renumbered 786.37 (4) (intro.) and
2amended to read:
SB1105,2,83
786.37
(4) (intro.) If a petitioner requests that
his or her the petitioner's 4petition to change or establish a name remain confidential, the clerk of court shall
5ensure that the name change petition is confidential upon the filing of the petition
6and sub. (1) does not apply to the petitioner. The court may require the petitioner
7to comply with sub. (1) if the petitioner is unable to show, by a preponderance of the
8evidence,
that publication all of the following:
SB1105,2,10
9(a) 1. Publication of
his or her the petition could endanger
him or her the
10petitioner and that he or she.
SB1105,2,12
11(b) That the petitioner is not seeking a name change in order to avoid a debt
12or conceal a criminal record.
SB1105,2
13Section
2. 786.37 (4) (a) (intro.) of the statutes is created to read:
SB1105,2,1414
786.37
(4) (a) (intro.) That any of the following applies to the petitioner:
SB1105,3
15Section
3. 786.37 (4) (a) 2. of the statutes is created to read:
SB1105,2,1716
786.37
(4) (a) 2. The petitioner is seeking a name change to conform with the
17petitioner's gender identity.
SB1105,4
18Section
4.
Initial applicability.
SB1105,3,2
1(1) This act first applies to a petition to change or establish a name filed on the
2effective date of this subsection.
SB1105,3,54
(1)
This act takes effect on the first day of the 6th month beginning after
5publication.
