SB391-SSA1,25,2117
29.235
(1) Issuance. A resident conservation patron license shall be issued
18subject to
s. ss. 29.024
and 54.25 (2) (c) 1. d. by the department to any resident 12
19years old or older who applies for the license. A nonresident conservation patron
20license shall be issued subject to s. 29.024 by the department to any person 12 years
21old or older who is not a resident and who applies for the license.
SB391-SSA1,26,423
29.512
(1) No person may engage or be employed for any compensation or
24reward to guide, direct or assist any other person in hunting, fishing or trapping
25unless the person is issued a guide license by the department subject to
s. ss. 29.024
1and 54.25 (2) (c) 1. d. No guide license for hunting or trapping may be issued to or
2obtained by any person who is not a resident of this state. No guide license may be
3issued to any person under the age of 18 years. The holder of a guide license shall
4comply with all of the requirements of this chapter.
SB391-SSA1,27,76
32.05
(4) How notice of jurisdictional offer is given. The giving of such
7notice is a jurisdictional requisite to a taking by condemnation. Such notice may be
8given by personal service in the manner of service of a circuit court summons, or it
9may be transmitted by certified mail. If service is by mail, service of the papers shall
10be deemed completed on the date of mailing and the use of mail service shall not
11increase the time allowed to act in answer to or in consequence of such service. If such
12owner or mortgagee is unknown or cannot be found there shall be published in the
13county wherein the property is located a class 1 notice, under ch. 985. If such owner
14is a minor, or an
incompetent person individual adjudicated incompetent, the
15condemnor shall serve such notice upon the legal guardian of
such the minor or
16incompetent individual, and if there is no such guardian the condemnor shall
17proceed under s. 32.15 to have a special guardian appointed to represent
such the 18minor or
incompetent individual in
such the proceeding. The reasonable fees of
such 19any special guardian as approved by the court shall be paid by the condemnor.
Such 20The notice shall be called the "jurisdictional offer". The condemnor shall file a lis
21pendens on or within 14 days of the date of service or mailing of the jurisdictional
22offer or within 14 days of the date of publication if publication is necessary. The lis
23pendens shall include a copy of the jurisdictional offer. From the time of such filing
24every purchaser or encumbrancer whose conveyance or encumbrance is not recorded
25or filed shall be deemed a subsequent purchaser or encumbrancer and shall be bound
1by the terms of the jurisdictional offer and it shall not be necessary to serve other
2jurisdictional offers on such subsequent purchaser or encumbrancer. In the award
3the condemnor may name and make payment to parties who were owners or
4mortgagees at the time of the filing of the lis pendens unless subsequent purchasers
5or encumbrancers give written notice to the condemnor of their subsequently
6acquired interests in which event such parties shall be named in the award as their
7interests may appear.
SB391-SSA1,27,129
32.06
(4) Right of minors and incompetents individuals adjudicated
10incompetent. If any person having an ownership interest in the property proposed
11to be condemned is a minor or
an is adjudicated incompetent
person, a special
12guardian shall be appointed for the person pursuant to s. 32.05 (4).
SB391-SSA1,28,1714
32.06
(7) Petition for condemnation proceedings. If the jurisdictional offer
15is not accepted within the periods limited in sub. (6) or the owner fails to consummate
16an acceptance as provided in sub. (6), the condemnor may present a verified petition
17to the circuit court for the county in which the property to be taken is located, for
18proceedings to determine the necessity of taking, where such determination is
19required, and the amount of just compensation. The petition shall state that the
20jurisdictional offer required by sub. (3) has been made and rejected; that it is the
21intention of the condemnor in good faith to use the property or right therein for the
22specified purpose. It shall name the parties having an interest of record in the
23property as near as may be and shall name the parties who are minors
or persons of
24unsound mind, who are adjudicated incompetent, or
whose location is unknown. The
25petition may not disclose the amount of the jurisdictional offer, and if it does so it is
1a nullity. The petition shall be filed with the clerk of the court. Notice of the petition
2shall be given as provided in s. 32.05 (4) to all persons having an interest of record
3in the property, including the special guardian appointed for minors or
individuals
4adjudicated incompetent
persons. A lis pendens shall be filed on the date of filing
5the petition. The date of filing the lis pendens is the "date of evaluation" of the
6property for the purpose of fixing just compensation, except that if the property is to
7be used in connection with the construction of a facility, as defined under s. 196.491
8(1), the "date of evaluation" is the date that is 2 years prior to the date on which the
9certificate of public convenience and necessity is issued for the facility. The hearing
10on the petition may not be earlier than 20 days after the date of its filing unless the
11petitioner acquired possession of the land under s. 32.12 (1) in which event this
12hearing is not necessary. If the petitioner is entitled to condemn the property or any
13portion of it, the judge immediately shall assign the matter to the chairperson of the
14county condemnation commissioners for hearing under s. 32.08. An order by the
15judge determining that the petitioner does not have the right to condemn or refusing
16to assign the matter to the chairperson of the county condemnation commissioners
17may be appealed directly to the court of appeals.
SB391-SSA1,29,319
32.075
(3) (b) If the person is a minor or
an individual adjudicated incompetent,
20the notice under par. (a) shall be to the special guardian appointed for
the person him
21or her. The notice under par. (a) shall state that the person, or, if the person is
22deceased, the person's heirs, may petition the circuit court of the county in which the
23property is located, within 90 days after receipt of the notice, for an order to require
24the public utility to return the interest in the property to the petitioner. The circuit
25court shall grant the petition and shall make a formal order returning the
1petitioner's interest in the property. The order shall operate to divest any title of the
2public utility to the property subject to the petition and to automatically discharge
3any lis pendens filed in relation to the condemnation of the property.
SB391-SSA1,29,65
32.22
(6) (b) If any owner is a minor or
an individual adjudicated incompetent
6person, a special guardian shall be appointed under s. 32.05 (4).
SB391-SSA1,29,129
36.27
(2) (a) 5. Any minor student under guardianship in this state
pursuant 10to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for
11at least 12 months next preceding the beginning of any semester or session for which
12such student registers at an institution.
SB391-SSA1,29,2014
40.08
(9) Payments of benefits to minors and incompetents individuals found
15incompetent. In any case in which a benefit amount becomes payable to a minor or
16to
a person adjudged mentally an individual adjudicated incompetent, the
17department may waive guardianship proceedings, and pay the benefit to the person
18providing for or caring for the minor, or to the spouse
or the, parent
, or other relative
19by blood or adoption providing for or caring for the
individual adjudicated 20incompetent
person.
SB391-SSA1,30,222
45.36
(1) (b) "Duly authorized representative" means any person authorized
23in writing by the veteran to act for the veteran, or a legally constituted representative
24if the veteran is
adjudicated incompetent or deceased. Where for proper reason no
25representative has been or will be appointed, the veteran's spouse, an adult child, or,
1if the veteran is unmarried, either parent shall be recognized as the duly authorized
2representative.
SB391-SSA1,30,4
446.011 Definitions. (intro.) In chs. 46, 48, 50, 51,
54, 55 and 58:
SB391-SSA1,30,86
46.27
(1) (e) "Voluntary" means according to
a person's an individual's free
7choice, if competent, or by choice of
a his or her guardian, if
the individual is
8adjudicated incompetent.
SB391-SSA1,30,1110
46.977
(1) (a) "Guardian" has the meaning
provided given in s.
880.01 (3)
54.01
11(10).
SB391-SSA1,30,1914
46.977
(2) (a) From the appropriation under s. 20.435 (7) (cg), the department
15may under this section, based on the criteria under par. (c), award grants to applying
16organizations for the purpose of training and assisting guardians for
persons
17determined to be individuals found incompetent under ch.
880 54. No grant may be
18paid unless the awardee provides matching funds equal to 10% of the amount of the
19award.
SB391-SSA1,30,2522
46.977
(2) (c) In reviewing applications for grants, the department shall
23consider the extent to which the proposed program will effectively train and assist
24guardians for
persons determined to be individuals found incompetent under ch.
880
2554.
SB391-SSA1,31,52
48.14
(2) (b) The appointment and removal of a guardian of the person for a
3child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977
, and
448.978 and ch.
880 54 and for a child found to be in need of protection or services
5under s. 48.13 because the child is without parent or guardian.
SB391-SSA1,31,77
48.14
(11) Granting visitation privileges under s.
880.155 54.56.
SB391-SSA1,31,23
948.345 Disposition of child or unborn child of child expectant mother
10adjudged in need of protection or services. (intro.) If the judge finds that the
11child is in need of protection or services or that the unborn child of a child expectant
12mother is in need of protection or services, the judge shall enter an order deciding one
13or more of the dispositions of the case as provided in this section under a care and
14treatment plan, except that the order may not place any child not specifically found
15under chs. 46, 49, 51,
54, or 115
and 880 to be developmentally disabled, mentally
16ill
, or to have a disability specified in s. 115.76 (5) in facilities
which that exclusively
17treat those categories of children
, and the court may not place any child expectant
18mother of an unborn child in need of protection or services outside of the child
19expectant mother's home unless the court finds that the child expectant mother is
20refusing or has refused to accept any alcohol or other drug abuse services offered to
21her or is not making or has not made a good faith effort to participate in any alcohol
22or other drug abuse services offered to her. The dispositions under this section are
23as follows:
SB391-SSA1,32,17
148.347 Disposition of unborn child of adult expectant mother
2adjudged in need of protection or services. (intro.) If the judge finds that the
3unborn child of an adult expectant mother is in need of protection or services, the
4judge shall enter an order deciding one or more of the dispositions of the case as
5provided in this section under a care and treatment plan, except that the order may
6not place any adult expectant mother of an unborn child not specifically found under
7ch. 51,
54, or 55
or 880 to be developmentally disabled or mentally ill in a facility
8which that exclusively treats those categories of individuals
, and the court may not
9place any adult expectant mother of an unborn child in need of protection or services
10outside of the adult expectant mother's home unless the court finds that the adult
11expectant mother is refusing or has refused to accept any alcohol or other drug abuse
12services offered to her or is not making or has not made a good faith effort to
13participate in any alcohol or other drug abuse services offered to her. If the judge
14finds that the unborn child of a child expectant mother is in need of protection or
15services, the judge shall enter an order deciding one or more of the dispositions of the
16case as provided in s. 48.345 under a care and treatment plan. The dispositions
17under this section are as follows:
SB391-SSA1,33,819
48.62
(2) A relative
, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a)
, 20or a guardian of a child, who provides care and maintenance for a child, is not
21required to obtain the license specified in this section. The department, county
22department
, or licensed child welfare agency as provided in s. 48.75 may issue a
23license to operate a foster home or a treatment foster home to a relative who has no
24duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster
25home or treatment foster home for a specific child who is either placed by court order
1or who is the subject of a voluntary placement agreement under s. 48.63. The
2department, a county department
, or a licensed child welfare agency may, at the
3request of a guardian appointed under s. 48.977 or 48.978
, ch. 54, or ch. 880
, 2003
4stats., license the guardian's home as a foster home or treatment foster home for the
5guardian's minor ward who is living in the home and who is placed in the home by
6court order. Relatives with no duty of support and guardians appointed under s.
748.977 or 48.978
, ch. 54, or ch. 880
, 2003 stats., who are licensed to operate foster
8homes or treatment foster homes are subject to the department's licensing rules.
SB391-SSA1,33,1610
48.831
(1) Type of guardianship. This section may be used for the appointment
11of a guardian of a child who does not have a living parent if a finding as to the
12adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch.
880 1354 applies to the appointment of a guardian for a child who does not have a living
14parent for all other purposes. An appointment of a guardian of the estate of a child
15who does not have a living parent shall be conducted in accordance with the
16procedures specified in ch.
880 54.
SB391-SSA1,33,2018
48.831
(1m) (e) A guardian appointed under ch.
54 or ch. 880
, 2003 stats., 19whose resignation as guardian has been accepted by a court under s.
54.54 (1) or s. 20880.17 (1)
, 2003 stats.
SB391-SSA1,33,2422
48.977
(8) (title)
Relationship to ch.
54 and ch. 880, 2003 stats. (a) This section
23does not abridge the duties or authority of a guardian appointed under ch.
54 or ch. 24880
, 2003 stats.
SB391-SSA1,34,2
1(b) Nothing in this section prohibits an individual from petitioning a court
2under ch.
880 54 for appointment of a guardian.
SB391-SSA1,34,74
48.978
(7) Relationship to ch. 880 54. (a) Except when a different right, remedy
5or procedure is provided under this section, the rights, remedies
, and procedures
6provided in ch.
880 54 shall govern a standby guardianship created under this
7section.
SB391-SSA1,34,98
(b) This section does not abridge the duties or authority of a guardian appointed
9under ch.
54 or ch. 880
, 2003 stats.
SB391-SSA1,34,1110
(c) Nothing in this section prohibits an individual from petitioning a court for
11the appointment of a guardian under ch.
880 54.
SB391-SSA1,34,1513
49.001
(8) "Voluntary" means according to
a person's an individual's free
14choice, if competent, or by choice of
a his or her guardian if
the individual is
15adjudicated incompetent.
SB391-SSA1, s. 40
16Section
40. 49.498 (3) (a) 1. of the statutes is amended to read:
SB391-SSA1,34,2117
49.498
(3) (a) 1. The right to choose a personal attending physician, to be fully
18informed in advance about care and treatment, to be fully informed in advance of any
19changes in care or treatment that may affect the resident's well-being, and, except
20with respect to a resident
found who is adjudicated incompetent
under s. 880.33, to
21participate in planning care and treatment or changes in care and treatment.
SB391-SSA1,35,223
49.498
(3) (c) For a resident who is
found adjudicated incompetent
under s.
24880.33 in this state, the rights of a resident under this subsection devolve upon and,
1to the extent determined necessary by a court of competent jurisdiction, are exercised
2by the resident's guardian
appointed under s. 880.33.
SB391-SSA1,35,64
50.02
(2) (ad) The department shall promulgate rules that require each facility
5licensed under this subchapter to provide information necessary for the department
6to assess the facility's compliance with s. 55.14.
SB391-SSA1, s. 43
7Section
43. 50.03 (14) (c) 8. e. of the statutes is amended to read:
SB391-SSA1,35,98
50.03
(14) (c) 8. e. A list of the residents whom the facility believes to
be
9incompetent meet the requirements of s. 54.10 (3).
SB391-SSA1, s. 44
10Section
44. 50.06 (2) (intro.) of the statutes is amended to read:
SB391-SSA1,35,1411
50.06
(2) (intro.) An individual under sub. (3) may consent to admission,
12directly from a hospital to a facility, of an incapacitated individual who does not have
13a valid power of attorney for health care and who has not been adjudicated
14incompetent
under ch. 880 in this state, if all of the following apply:
SB391-SSA1,35,1816
50.06
(2) (c) A petition for guardianship for the individual under s.
880.07 54.34 17and a petition for protective placement of the individual under s. 55.06 (2) are filed
18prior to the proposed admission.
SB391-SSA1,35,2320
50.09
(3) If the resident is
adjudged to be adjudicated incompetent
under ch.
2151 or 880 in this state and not restored to legal capacity, the rights and
22responsibilities established under this section which the resident is not competent
23to exercise shall devolve upon the resident's guardian.
SB391-SSA1, s. 47
24Section
47. 50.94 (2) (intro.) of the statutes is amended to read:
SB391-SSA1,36,5
150.94
(2) (intro.) A person who is determined to be incapacitated under the
2requirements of sub. (8), does not have a valid living will or valid power of attorney
3for health care
, and has not been adjudicated incompetent
under ch. 880 in this state 4may be admitted to a hospice under this section only if all of the following
5requirements are met:
SB391-SSA1,36,117
50.94
(6) A person who disagrees with a hospice decision made under this
8section may apply under
ch. 880 s. 54.50 for temporary guardianship of the person
9who is incapacitated. In applying for the temporary guardianship, such a person has
10the burden of proving that the person who is incapacitated would not have consented
11to admission to a hospice or hospice care.
SB391-SSA1,36,1413
51.01
(4g) "County of residence" means the county that is determined under
14s. 51.40 to be the county of residence.
SB391-SSA1,36,1916
51.01
(4r) "Degenerative brain disorder" means the loss or dysfunction of brain
17cells to the extent that the individual is substantially impaired in his or her ability
18to provide adequately for his or her own care or custody or to manage adequately his
19or her property or financial affairs.
SB391-SSA1,37,321
51.01
(5) (a) "Developmental disability" means a disability attributable to
22brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
23retardation, or another neurological condition closely related to mental retardation
24or requiring treatment similar to that required for mental retardation, which has
25continued or can be expected to continue indefinitely and constitutes a substantial
1handicap to the afflicted individual. "Developmental disability" does not include
2senility which dementia that is primarily caused by the process of aging or
the
3infirmities of aging degenerative brain disorder.
SB391-SSA1,37,65
51.01
(14) "Residence"
, "legal residency" or "county of residence" has the
6meaning given under s. 49.001 (6).
SB391-SSA1,37,168
51.01
(14t) "Serious and persistent mental illness" means a mental illness that
9is severe in degree and persistent in duration, that causes a substantially diminished
10level of functioning in the primary aspects of daily living and an inability to cope with
11the ordinary demands of life, that may lead to an inability to maintain stable
12adjustment and independent functioning without long-term treatment and support,
13and that may be of lifelong duration. "Serious and persistent mental illness" includes
14schizophrenia as well as a wide spectrum of psychotic and other severely disabling
15psychiatric diagnostic categories, but does not include degenerative brain disorder
16or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
SB391-SSA1,37,2018
51.03
(3) (a) 6. The number of persons
authorized to consent to involuntary
19administration of psychotropic medication under s. 55.14 (8) or for whom guardians
20are were appointed under s. 880.33 (4m)
, 2003 stats.
SB391-SSA1,38,622
51.05
(2) Admissions authorized by counties. The department may not accept
23for admission to a mental health institute any resident person, except in an
24emergency, unless the county department under s. 51.42 in the county where the
25person has
legal residency residence authorizes the care, as provided in s. 51.42 (3)
1(as). Patients who are committed to the department under s. 975.01, 1977 stats., or
2s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the
3department under s. 975.17, 1977 stats., or are transferred from a secured
4correctional facility, a secured child caring institution or a secured group home to a
5state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment
6facility under s. 51.37 (5) are not subject to this section.
SB391-SSA1,38,118
51.10
(8) An adult for whom a guardian of the person has been appointed
under
9ch. 880 in this state because of the subject's incompetency may be voluntarily
10admitted to an inpatient treatment facility under this section only if the guardian
11and the ward consent to such admission.
SB391-SSA1, s. 57
12Section
57. 51.20 (7) (d) 1. (intro.) of the statutes is renumbered 51.20 (7) (d)
131. and amended to read: