69.20(3)(e)1.b.
b. Subdivision 1. a. does not apply to certificate of birth indexes of events that occurred before October 1, 1907.
69.20(3)(e)2.
2. Indexes of record of death, marriage, divorce, domestic partnership and termination of domestic partnership, or annulment may be copied or reproduced for the public after 24 months have elapsed from the year in which the event occurred.
69.20(3)(e)3.
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."
69.20(3)(f)
(f) The state or a local registrar may disclose a social security number on a vital record to the department of children and families or a county child support agency under
s. 59.53 (5) in response to a request under
s. 49.22 (2m).
69.20(3)(g)
(g) The state or local registrar, upon request of the department of revenue, may disclose information on vital records, including a social security number, to the department of revenue only for the following purposes related to administering state taxes and collection of debts referred to the department of revenue:
69.20(3)(g)1.
1. Locating persons, or the assets of persons, who have failed to file tax returns, have underreported their taxable income, or are delinquent debtors.
69.20(3)(g)2.
2. Identifying fraudulent tax returns and credit claims.
69.20(3)(g)3.
3. Providing information for tax-related prosecutions.
69.20(3)(h)1.1. In this paragraph, “
qualified independent researcher" means a faculty member of a university who satisfies all of the following:
69.20(3)(h)1.a.
a. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under
s. 119.23.
69.20(3)(h)1.b.
b. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under
s. 119.23 before July 14, 2015.
69.20(3)(h)2.
2. The state registrar shall effect a disclosure of information prohibited under
sub. (2) to a qualified independent researcher for the purpose of cross-matching the information disclosed by the registrar with information in a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under
s. 119.23. The state registrar may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the state registrar to provide the information.
69.20(4)
(4) Under procedures that are promulgated by rule, the state registrar and every local registrar shall protect vital records from mutilation, alteration, 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.
69.20 Cross-reference
Cross-reference: See also ch.
DHS 142, Wis. adm. code.
69.21
69.21
Copies of vital records. 69.21(1)(a)1.1. Except as provided under
subd. 2., the state registrar and any local registrar shall issue a certified copy of a vital record to any person if the person submits a request for a certified copy of a vital record of a specified registrant in writing and, if the vital record is enabled for statewide issuance in the state registrar's electronic system for vital record issuance, to the extent permitted under
s. 69.21 (1) (b) 3., and if the request is accompanied by the fee required under
s. 69.22. If a vital record is not enabled for statewide issuance in the state registrar's electronic system for vital record issuance, the registrar responsible for filing or registration of the vital record may issue a certified copy under this section.
69.21(1)(a)2.
2. The state registrar and any local registrar may not issue any certified copy under
subd. 1. of:
69.21(1)(a)2.a.
a. A vital record, if the event which is the subject of the vital record occurred after September 30, 1907, unless the requester is a person with a direct and tangible interest in the record or unless the registrar has received a court order directing issuance of the vital record.
69.21(1)(a)2.b.
b. Any information of the part of a certificate of birth, death, or divorce or annulment or a marriage document, 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.
69.21(1)(a)2.c.
c. The birth certificate of a person if no surname has been entered on the birth certificate for the person under
s. 69.14 (1) (f).
69.21(1)(b)1.1. Any copy of a vital record certified under
par. (a) shall be on a form provided or approved by the state registrar and shall include the date of issuance, the name of the issuing officer, the issuing officer's signature or an authorized facsimile of his or her signature and the seal of the issuing officer. The certification shall be applied to the copy in a way that prevents its removal from the copy.
69.21(1)(b)2.
2. Any copy of a birth certificate issued under
par. (a) shall be in a long or short form, as specified by the person submitting the request under
par. (a). The long form shall include the name, sex, date and place of birth and parent's surnames of the registrant, the file date and the file number. The short form may not include any information about the parents of the registrant. The state registrar shall issue the short form for any registrant born of unmarried parents if the registrant's certificate was not prepared under
s. 69.15 (3) (b), unless the person requesting the copy requests the long form.
69.21(1)(b)3.
3. A local registrar may issue a copy of a birth, death, divorce, or termination of domestic partnership certificate, a marriage document, or a declaration of domestic partnership under
par. (a) through the state registrar's electronic system for vital record issuance.
69.21(1)(b)4.
4. A copy of a death certificate issued under
par. (a) for a death that occurred before January 1, 2003, shall include 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.
69.21(1)(b)5.
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).
69.21(1)(c)
(c) Any certified copy of a vital record or part of a vital record issued under this subsection shall be deemed the same as the original vital record and shall be prima facie evidence of any fact stated in the vital record, except that the evidentiary value of a vital record filed more than one year after the event which is the subject of the vital record occurred or of a vital record which has been amended shall be determined by the judicial or administrative agency or official before whom the vital record is offered as evidence.
69.21(2)(a)(a) The state registrar or local registrar shall issue an uncertified copy of the vital record of one or more registrants if the subject of the vital record is an event occurring after September 30, 1907. The requirements of
ss. 69.15 (6) (b) and
69.20 (3) (b) for disclosing information under
s. 69.20 (2) shall apply to issuance under this paragraph of any copy of a vital record containing such information. Any uncertified copy issued under this paragraph shall have on its face a notice that it is uncertified.
69.21(2)(b)
(b) The state registrar and any local registrar shall issue an uncertified copy of the vital record of one or more registrants, whether specified or not, to any person if the subject of the vital record is an event occurring before October 1, 1907, and if the person submits a request for the copy in writing to the registrar responsible for filing or registering the vital record and if the request is accompanied by the fee required under
s. 69.22 (1) (b).
69.21(2)(d)1.1. An uncertified photocopy of a vital record for an event occurring before October 1, 1907, other than a vital record held by the state registrar and any local registrar, shall be stamped “NOT FOR IDENTITY PURPOSES" across its face and is subject to this paragraph but is not otherwise subject to the limitations of this section or the requirements of
s. 69.22.
69.21(2)(d)3.
3. The holder of the vital record from which uncertified photocopies may be made and issued under this paragraph may establish fees for the photocopies.
69.21(3)
(3) Amendments. Any copy of a vital record issued under this section shall show all amendments or changes made on the record since it was filed, the date and authority of the amendment or change unless a certificate was issued for the registrant under
s. 69.14 (1) (h) or
69.15 (2),
(3) or
(4) (b).
69.21(4)(a)(a) Except as provided under
par. (b), if the state registrar or a local registrar determines that a vital record was registered through misrepresentation or fraud, he or she may not issue any copy of the vital record prior to a determination by a court of the actual facts of the event which is the subject of the record.
69.21(4)(b)
(b) A person with a direct and tangible interest in a vital record withheld by the state registrar under
par. (a) may petition the circuit court of the county in which the event which is the subject of the vital record is shown on the original record to have occurred. The petition shall be accompanied by a certified copy of the original vital record. In issuing the certified copy, the state registrar shall mark the copy to indicate that the copy is for use by the court in making its determination under this paragraph. If the court finds that the petitioner has proven that the information on the vital record is valid, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, who shall issue the certified copy.
69.21 Cross-reference
Cross-reference: See s.
889.18 for evidence of official records and s.
891.09 for evidence of vital statistics.
69.21 Annotation
A local registrar has no power to adopt procedures that are more stringent than those directed by the state registrar for issuing certified copies of a vital record under s. 69.21 (1).
80 Atty. Gen. 35.
69.22(1)(1) Except as provided in
sub. (6), the state registrar and any local registrar acting under this subchapter shall collect the following fees:
69.22(1)(a)
(a) Except as provided under
par. (c), $20 for issuing one certified copy of a vital record and $3 for any additional certified copy of the same vital record issued at the same time.
69.22(1)(b)
(b) Except as provided under
par. (c), $20 for issuing an uncertified copy of a vital record issued under
s. 69.21 (2) (a) or
(b), $7 for verifying information about the event submitted by a requester without issuance of a copy, and $3 for any additional copy of the same vital record issued at the same time.
69.22(1)(c)
(c) Twenty dollars for issuing an uncertified copy of a birth certificate or a certified copy of a birth certificate, and $3 for issuing any additional certified or uncertified copy of the same birth certificate issued at the same time.
69.22(1)(cm)
(cm) Ten dollars for issuing one certified copy of a certificate of birth resulting in stillbirth and $3 for any additional certified copy of the same certificate issued at the same time.
69.22(1)(d)
(d) In addition to other fees under this subchapter, $20 for expedited service in issuing a vital record.
69.22(1m)
(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) is charged that is issued during a calendar quarter, forward to the secretary of administration for deposit in the appropriation accounts under
s. 20.433 (1) (g) and
(h) $7 by the 15th day of the first month following the end of the calendar quarter.
69.22(1q)
(1q) The state registrar and any local registrar acting under this subchapter shall forward to the secretary of administration for deposit in the appropriation account under
s. 20.435 (1) (gm) all of the following:
69.22(1q)(a)
(a) For any certified copy of a vital record for which a fee of $20 under
sub. (1) (a) is charged, $13.
69.22(1q)(b)
(b) For any uncertified copy of a vital record for which a fee of $20 under
sub. (1) (b) is charged, $13.
69.22(1q)(c)
(c) For any copy of a birth certificate for which a fee of $20 under
sub. (1) (c) is charged, $8.
69.22(1q)(d)
(d) For expedited service in issuing a vital record, $10.
69.22(2)
(2) The state registrar and any local registrar may charge $7 for a search of vital records if the registrar finds no record. In addition to the $7, a registrar may charge a fee to cover the costs of a search of vital records if the requester provides no identifying information or identifying information which is imprecise or inadequate.
69.22(3)
(3) If a local registrar under
s. 69.11 (4) or
69.14 (2) (b) 6. completes the proper forms for the applicant and submits the forms and proofs to the office of the state registrar, the state registrar and the register of deeds shall receive equal amounts of the fee received for the action.
69.22(4)
(4) A local registrar in a registration district may set a reasonable fee to cover the costs of sending requests to local health departments under
s. 69.05 (3m).
69.22(5)
(5) The state registrar shall collect the following fees:
69.22(5)(b)2.
2. The filing of a birth certificate under
s. 69.14 (2) (b) 5. The fee under this subdivision includes the search for the birth certificate and the first copy of the certificate except that the state registrar shall add to the $20 fee, $5.
69.22(5)(c)
(c) The state registrar may charge a reasonable fee to adequately cover the cost of specialized data collection and data production for research or administrative data requested under
s. 69.20.
69.22(6)
(6) The state registrar may charge a reasonable fee for providing searches of vital records and for providing copies of vital records to state agencies for program use. The register of deeds may provide free searches and free copies to agencies in his or her county at the direction of the county board.
69.23
69.23
Costs for collecting delinquent certificates. If the state registrar determines that it is not possible to obtain a vital record from a local registrar under this subchapter, the state registrar may obtain the vital record and charge the cost of obtaining the record to the registration district in which the record should have been filed. If the registration district receives from the state registrar an itemized statement of such costs filed with the clerk of the registration district, the registration district shall pay the costs to the state registrar.
69.23 History
History: 1985 a. 315.
69.24(1)(1) Any person who does any of the following is guilty of a Class I felony:
69.24(1)(a)
(a) Other than as authorized under
ss. 69.21 (2) (d) and
69.30 (3), prepares or issues any paper or film which purports to be, or carries the appearance of, an original or a copy of a vital record, certified or uncertified, except as provided under this subchapter or
s. 610.50 and except for any hospital which issues any written announcement of the birth of a person to the parents of the person if the announcement contains plain notice that the announcement is not for official use.
69.24(1)(b)
(b) Willfully and knowingly makes any false statement in a birth or death certificate under
s. 69.09,
69.10,
69.14 or
69.18, in an application for an amendment to a birth or death certificate under
s. 69.11 or
69.12 or in a request for a certified copy of a birth certificate under
s. 69.21.
69.24(1)(c)
(c) Willfully and knowingly supplies any false information with the intent that the information be used in the preparation of a birth or death certificate or the amendment of a birth or death certificate.
69.24(1)(d)
(d) Counterfeits or, without authorization, makes, alters or amends any birth or death certificate required by this subchapter or a certified copy of such certificate.
69.24(1)(e)
(e) Mutilates or destroys an original birth or death certificate filed under this subchapter.
69.24(1)(f)
(f) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to any person for any purpose of deception, any vital record or certified copy of a vital record which is counterfeited, altered or amended or false in part or in whole or which is related to the birth, death, marriage, divorce, domestic partnership, or termination of a domestic partnership of another person, whether living or dead.
69.24(1)(g)
(g) Illegally possesses any vital record required under this subchapter with knowledge that the vital record has been illegally obtained.
69.24(1)(h)
(h) As a public officer or public employee, furnishes or processes a birth or death certificate or a certified copy of a birth or death certificate with the knowledge or intention that the certificate or copy will be used for the purpose of deception.
69.24(2)
(2) Any person who does any of the following shall be fined not more than $1,000 or imprisoned not more than 90 days or both:
69.24(2)(a)
(a) Willfully and knowingly commits any of the actions prohibited under
sub. (1) in relation to a marriage document, divorce report, declaration of domestic partnership, or certificate of termination of domestic partnership.
69.24(2)(b)
(b) Willfully and knowingly refuses to provide information required under this subchapter for any part of a birth certificate which is not designated as the part for statistical or medical and statistical use or for a death certificate.
69.24(2)(d)
(d) Willfully and knowingly neglects or violates or refuses to perform any requirement under this subchapter.
