Amendment ASA1-AB579

LRBs0234/1

SWB:klm

2019 - 2020 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 579

February 11, 2020 - Offered by Representative Tittl.

AB579-ASA1,1,2 An Act to amend 69.15 (6) (b) and 69.22 (1) (b); and to create 69.35 of the statutes; relating to: access by an adult adoptee to report of adoption.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB579-ASA1,1 Section 1 . 69.15 (6) (b) of the statutes is amended to read:

AB579-ASA1,1,11 69.15 (6) (b) The state registrar shall register a new record created under this section and shall impound the original record or the record registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. s. 48.432 and, 48.433, or 69.35. The state registrar shall send notice of any new record registered under this section to the local registrar who filed the original record. Upon notification, the local registrar shall destroy his or her copy of the original record.

AB579-ASA1,2 Section 2. 69.22 (1) (b) of the statutes is amended to read:

AB579-ASA1,2,6 69.22 (1) (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) or a copy of a report issued under s. 69.35, $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.

AB579-ASA1,3 Section 3 . 69.35 of the statutes is created to read:

AB579-ASA1,2,16 69.35 Copies of report on adoption. (1) Notwithstanding other provisions of this subchapter or the provisions of s. 48.433 and except as otherwise provided under this section or s. 48.028 (9), upon written request to the department of health services or the department of children and families by a person who is 18 years of age or over and who is the subject of a report of adoption or similar form developed by the department relating to adoption, the state registrar shall issue, if available, to the requester an unredacted copy of any report of adoption form or similar form developed by the department relating to the requester's adoption if all of the following apply:

AB579-ASA1,2,21 (a) The requester's birth parent's rights have been terminated in this state; the requester has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982; or the requester was born to a surrogate mother and a court determined parental rights over the requester, as provided in s. 69.14 (1) (h).

AB579-ASA1,2,23 (b) Neither birth parent of the requester has indicated that he or she does not want identifying information released regarding the birth parents.

AB579-ASA1,2,24 (c) The requester has paid the fee required by the department.

AB579-ASA1,3,9 (2) The department of children and families shall cooperate with the department of health services regarding issuance of reports and communications with interested parties under this section. If the department of children and families receives a request under this section, the department of children and families shall transmit that request to the department of health services. Upon receipt of a request under this section, the department of health services shall either issue the report as provided under sub. (1), if available and permitted under this section, or provide notification to the requester that the department of health services has determined that the request cannot be fulfilled, including the reasons for that determination.

AB579-ASA1,4 Section 4. Effective date.

AB579-ASA1,3,11 (1) This act takes effect on January 1, 2022.

AB579-ASA1,3,12 (End)