Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1212 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-6028/1
2	2	KRP:skw&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1212
5	5	April 11, 2024 - Introduced by Representatives RATCLIFF, CLANCY, NEUBAUER,
6	6	SNODGRASS, JOERS, MOORE OMOKUNDE, SINICKI, C. ANDERSON, BARE, ANDRACA,
7	7	J. ANDERSON, VINING, MADISON and BALDEH, cosponsored by Senators
8	8	SPREITZER, CARPENTER, LARSON and AGARD. Referred to Committee on
9	9	Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 786.37 (4); and to create 786.37 (4) (a) (intro.)
12	12	and 786.37 (4) (a) 2. of the statutes; relating to: eliminating the publication
13	13	requirement for a name change petition seeking to conform an individual's
14	14	name with the individual's gender identity.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill provides an exception to the requirement that notices of name change
17	17	petitions must be published for an individual who is seeking a name change to
18	18	conform with the individual's gender identity.
19	19	Under current law, an individual who is a resident of this state generally is
20	20	entitled to petition the court of the county in which the individual resides to have the
21	21	individual's name changed or established if no sufficient cause is shown to the
22	22	contrary. Currently, the individual must, before petitioning the court, publish a
23	23	notice stating the nature of the petition and when and where the petition will be
24	24	heard. The individual must publish the notice in a local newspaper once a week for
25	25	three consecutive weeks. Current law provides an exception to the publication
26	26	requirement for an individual who 1) requests that the petition remain confidential,
27	27	2) shows that publication of the petition could endanger the individual, and 3) shows
28	28	that the individual is not seeking a name change in order to avoid a debt or conceal
29	29	a criminal record. Under current law, if the court determines that the individual is
30	30	not required to publish notice, all records related to the individual's name change are
31	31	generally confidential and exempt from disclosure under the state public records law.
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35	35	4 - 2 -2023 - 2024 Legislature LRB-6028/1
36	36	KRP:skw&wlj
37	37	ASSEMBLY BILL 1212
38	38	This bill provides an additional exception to the publication requirement for an
39	39	individual who shows that the individual is seeking a name change to conform with
40	40	the individual's gender identity. Under the bill, an individual who requests a
41	41	confidential name change on that basis also must show that the individual is not
42	42	seeking a name change in order to avoid a debt or conceal a criminal record, but the
43	43	individual need not show that publication of the petition could endanger the
44	44	individual.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 786.37 (4) of the statutes is renumbered 786.37 (4) (intro.) and
48	48	amended to read:
49	49	786.37 (4) (intro.) If a petitioner requests that his or her the petitioner's
50	50	petition to change or establish a name remain confidential, the clerk of court shall
51	51	ensure that the name change petition is confidential upon the filing of the petition
52	52	and sub. (1) does not apply to the petitioner. The court may require the petitioner
53	53	to comply with sub. (1) if the petitioner is unable to show, by a preponderance of the
54	54	evidence, that publication all of the following:
55	55	(a) 1. Publication of his or her the petition could endanger him or her the
56	56	petitioner and that he or she.
57	57	(b) That the petitioner is not seeking a name change in order to avoid a debt
58	58	or conceal a criminal record.
59	59	SECTION 2. 786.37 (4) (a) (intro.) of the statutes is created to read:
60	60	786.37 (4) (a) (intro.) That any of the following applies to the petitioner:
61	61	SECTION 3. 786.37 (4) (a) 2. of the statutes is created to read:
62	62	786.37 (4) (a) 2. The petitioner is seeking a name change to conform with the
63	63	petitioner's gender identity.
64	64	SECTION 4.0Initial applicability.
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83	83	LRB-6028/1
84	84	KRP:skw&wlj
85	85	SECTION 4
86	86	ASSEMBLY BILL 1212
87	87	(1) This act first applies to a petition to change or establish a name filed on the
88	88	effective date of this subsection.
89	89	SECTION 5.0Effective date.
90	90	(1) This act takes effect on the first day of the 6th month beginning after
91	91	publication.
92	92	(END)
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