SB 146 — An Act to amend 69.11 (4) (b), 69.12 (1), 69.15 (4) (b), 767.395 and 786.36 (1) (intro.); to create 941.2915 of the statutes;

-Date 2026of LEGISLATUREenactment: LRB-2243/1 CMH:klm&wlj SENATE BILL 146 March 21, 2025 - Introduced by Senators W ANGGAARD , ACQUE , FEYEN and N ASS, cosponsored by Representatives G OEBEN , B.

JSenate ACOBSONBill ,146 PDate ENTERMANof ,publication*: K REIBICH, DITTRICH, LLEN , KNODL , WICHGERS, MURPHY , BRILL, MURSAU and B EHNKE .

ReferredWISCONSIN ACT A N A CT to Committeeamend on69.11 Judiciary(4) (b), 69.12 (1), 69.15 (4) (b), 767.395 and Public786.36 Safety.(1) (intro.);to create 941.2915 of the statutes;

A N A CT to amend 69.11 (4) (b), 69.12 (1), 69.15 (4) (b), 767.395 and 786.36 (1) (intro.);

to create 941.2915 of the statutes;

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Currentrepresented lawin prohibitssen- a69.12 person(1) whoIf is registered as a sex offender with the Departmentstate ofregistrar Correctionscannot frommake changingan theirate nameand duringassembly, thedo periodenact theyas arefollows: required to register.

Withamendment certainto exceptions, a personvital whorecord violatesunder thes. prohibition is guilty of a Class H felony.

This69.11 billand prohibits a person whoSECTION has1. been convicted of a violent crime, which is defined in the bill and includes homicide, battery, kidnapping, stalking, human trafficking, and sexual assault, from changing their name.

A69.11 person(4) who(b) violatesof the prohibitionstatutes is guiltyamended ofwith a Classdirect Hand felony.tangible interest in the vital record al- to read:

Becauseleges thisthat billinformation createson athe newvital crimerecord ordoes revisesnot arepre- penalty69.11 for(4) (b) The state registrar may amend an existingitem crime,sent the Jointactual Reviewfacts Committeein effect at the time the record was on Criminala Penaltiesbirth record that affects information about the filed, the person may bepetition requestedthe tocircuit preparecourt aof report.the name, sex, date of birth, place of birth, parent’s name, or county in which the event which is the subject of the vi- marital status of the mother if 365 days have elapsed tal record is alleged to have occurred.

The peoplepetition shall since the occurrence of the stateevent that is the subject of Wisconsin,be representedaccompanied inby senatea andcertified assembly,copy doof enactthe asoriginal follows:vital the birth record, if the amendment is at the request of a record.

-If 2026the Legislaturecourt -finds that the petitioner has estab- person with a direct and tangible interest in the record lished the actual facts of the event in effect when the and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 -items LRB-2243/1of CMH:klm&wljdoc- SENATErecord BILLwas 146filed, SECTIONthe 1clerk Sof ECTIONcourt 1.shall report the court’s determination to the state registrar in the manner umentary evidence from early childhood that are suffi- prescribed by the state registrar, along with the fee re- cient to prove that the item to be changed is in error and quired under s.

69.11 (4) (b) of the statutes is amended to read:

69.11 (4) (b) The state registrar may amend an item on a birth record that affects information about the name, sex, date of birth, place of birth, parent’s name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth record, if the amendment is at the request of a person with a direct and tangible interest in the record and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment.

A change in the marital status on the birth record may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth record.

This paragraph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a parent named on the birth record, or to effect a name change prohibited under s.

301.47 or 941.2915 (2).

S ECTION 2.

69.12 (1) of the statutes is amended to read:

69.12 (1) If the state registrar cannot make an amendment to a vital record under s.

69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred.

The petition shall be accompanied by a certified copy of the original vital record.

If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the - 2026 Legislature - 3 - LRB-2243/1 CMH:klm&wlj SENATE BILL 146 SECTION 2 court’s determination to the state registrar in the manner prescribed by the state registrar, along with the fee required under s.

Upon receipt of the report,re- theby state registrar shall, if information as to the causeaffidavit of deaththe onperson arequesting death record is changed or if information on a marriage record concerning the identityamendment. of a parent of a party to a marriage is changed, act under sub.

(4),A change in the marital status on the birth record may be port, the state registrar shall, if information as to the made under this paragraph only if the marital status is cause of death on a death record is changed or shallif changeinfor- inconsistent with information concerning the father or mation on a marriage record concerning the identity of a parent of a party to a marriage is changed, act under s.sub.

69.11husband (5)that andappears ifon the recordbirth isrecord. not enabled in the state system of vital records, send the amended record to the local registrar who shall replace the record filed in his or her officThis subsection does not apply to a name change prohibited under s.

This para- (4), or shall change the record under s.

69.11 (5) and if graph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a the record is not enabled in the state system of vital parent named on the birth record, or to effect a name records, send the amended record to the local registrar change prohibited under s.

Swho ECTIONshall 3.replace the record filed in his or her office.

69.15SECTION (4)2. (b) of the statutes is amended to read:

69.1569.12 (4)(1) (b) Any person with a direct and tangible interest in a birth record registered in this state may petition a court to change the name and sex of the registrantstatutes onis theamended record due to aThis surgicalsubsection sex-changedoes proceduIfnot theapply stateto registrar receives an order which provides for such a changename the state registrar shall change theprohib- nameread: and sex on the original record, except that if the court orders the state registrar to prepare a new record the state registrar shall prepare a new record under sub.

ited under s.

301.47 or 941.2915 (2).

ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Senate Bill 146 SECTION 3.

69.15 (4) (b) of the statutes is amended s.

301.47 or 941.2915 (2), any resident of this state, to read:

whether a minor or adult, upon petition to the circuit 69.15 (4) (b) Any person with a direct and tangible court of the county where he or she resides and upon fil- interest in a birth record registered in this state may peti- ing a copy of the notice required under s.

786.37 (1), tion a court to change the name and sex of the registrant with proof of publication, may, if no sufficient cause is on the record due to a surgical sex-change procedure.

If shown to the contrary, have his or her name changed or the state registrar receives an order which provides for established by order of the court.

Subject to sub.