LRB-3836/1
MED:sac:rs
2013 - 2014 LEGISLATURE
March 13, 2014 - Introduced by Senators Hansen,
Schultz, Lehman and Harris,
cosponsored by Representatives
Genrich, Wright, Berceau, Ohnstad,
Bewley, Jacque and Weininger. Referred to Committee on Health and
Human Services.
SB674,1,4
1An Act to repeal 69.21 (2) (d) 2. and 69.24 (1) (am);
to consolidate, renumber
2and amend 69.21 (2) (a) and (c);
to amend 69.21 (2) (d) 1. and 69.24 (1) (a); and
3to create 69.30 (3) of the statutes;
relating to: copying, making available, and
4required notices on, certain vital records.
Analysis by the Legislative Reference Bureau
Current law contains certain provisions addressing the preparation and
issuance of vital records and the authorized copying of vital records. Vital records
include certificates of birth, death, divorce, or annulment, and termination of
domestic partnership, marriage documents, and declarations of domestic
partnership. Some of these provisions make a distinction based upon whether the
event that is the subject of a record occurred before October 1, 1907. Current law
provides for the issuance of certified and uncertified copies of vital records by the
State Registrar appointed by the Department of Health Services (state registrar) or
a local registrar, subject to various restrictions, and for the issuance of uncertified
copies of vital records for events occurring before October 1, 1907, by other persons,
such as the State Historical Society. Certified copies of vital records include a
certification including the seal of the issuing officer, are deemed the same as the
original vital record, and are regarded as being presumptive evidence of any fact
stated in the vital record. Uncertified copies do not have the same status or
certification as certified records and have a notice on their face that they are
uncertified.
Current law provides that any person who makes available to the public in
electronic format an uncertified photocopy of a vital record for an event occurring
before October 1, 1907, other than a vital record issued by the state registrar or a local
registrar, is guilty of a Class I felony. Current law does not specifically prohibit
making any other vital records available to the public in electronic format. Current
law also provides that, subject to certain exceptions, any person who 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, whether certified or uncertified, is guilty of a Class
I felony.
This bill repeals the prohibition against making certain records for events
occurring before October 1, 1907, available in electronic format and specifically
provides that any person may copy or make available electronically an uncertified
copy of a vital record for an event occurring prior to October 1, 1907. In addition, the
bill repeals the requirements, for uncertified copies of vital records for events
occurring before October 1, 1907, that they contain a notice that they are uncertified.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB674,1
1Section
1. 69.21 (2) (a) and (c) of the statutes are consolidated, renumbered
269.21 (2) (a) and amended to read:
SB674,2,93
69.21
(2) (a) The state registrar or local registrar shall issue an uncertified copy
4of the vital record of one or more registrants if the subject of the vital record is an
5event occurring after September 30, 1907. The requirements of ss. 69.15 (6) (b) and
669.20 (3) (b) for disclosing information under s. 69.20 (2) shall apply to issuance
7under this paragraph of any copy of a vital record containing such information.
(c) 8Any uncertified copy issued under
par. (a) or (b)
this paragraph shall have on its face
9a notice that it is uncertified.
SB674,2
10Section
2. 69.21 (2) (d) 1. of the statutes is amended to read:
SB674,3,211
69.21
(2) (d) 1. An uncertified photocopy of a vital record for an event occurring
12before October 1, 1907, other than a vital record held by the state registrar and any
13local registrar, is subject to this paragraph
and may not be made available to the
1public in electronic format, but is not otherwise subject to the limitations of this
2section or the requirements of s. 69.22.
SB674,3
3Section
3. 69.21 (2) (d) 2. of the statutes is repealed.
SB674,4
4Section
4. 69.24 (1) (a) of the statutes is amended to read:
SB674,3,105
69.24
(1) (a) Other than as authorized under
s. ss. 69.21 (2) (d)
and 69.30 (3),
6prepares or issues any paper or film which purports to be, or carries the appearance
7of, an original or a copy of a vital record, certified or uncertified, except as provided
8under this subchapter or s. 610.50 and except for any hospital which issues any
9written announcement of the birth of a person to the parents of the person if the
10announcement contains plain notice that the announcement is not for official use.
SB674,5
11Section
5. 69.24 (1) (am) of the statutes is repealed.
SB674,6
12Section
6. 69.30 (3) of the statutes is created to read:
SB674,3,1513
69.30
(3) Any person may copy or may make available electronically an
14uncertified copy of a vital record for an event occurring prior to October 1, 1907, that
15is issued under s. 69.21 (2) (b) or (d).
