Amendment SSA1-SB391

SB391-SSA1,255,14 54.988 Uniformity of application and construction. This subchapter Sections 54.950 to 54.988 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.

SB391-SSA1, s. 574 Section 574. 885.17 of the statutes is amended to read:

SB391-SSA1,256,3 885.17 Transactions with deceased agent. No party, and no person from, through, or under whom a party derives the party's interest or title shall, may be examined as a witness in respect to any transaction or communication by the party or person personally with an agent of the adverse party or an agent of the person from, through, or under whom such adverse party derives his or her interest or title, when such if the agent is dead or insane, or otherwise legally, mentally ill, or adjudicated incompetent as a witness, unless the opposite party shall first be examined or examine some other witness in his or her behalf examined in respect to some transaction or communication between such the agent and such the other party or person; or unless the testimony of such the agent, at any time taken, be first read or given in evidence by the opposite party; and then, in either case respectively, only in respect to such the transaction or communication of which testimony is so given or to the matters to which such the testimony relates.

SB391-SSA1, s. 575 Section 575. 905.04 (4) (a) of the statutes is amended to read:

SB391-SSA1,256,14 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33 in this state, for court-ordered protective services or protective placement, or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement.

SB391-SSA1, s. 576 Section 576. 905.04 (4) (am) of the statutes is amended to read:

SB391-SSA1,256,19 905.04 (4) (am) Proceedings for guardianship. There is no privilege under this rule as to information contained in a statement concerning the mental condition of the patient furnished to the court by a physician or psychologist under s. 54.36 (1) or s. 880.33 (1), 2003 stats.

SB391-SSA1, s. 577 Section 577. 938.02 (20m) (a) 5. of the statutes is amended to read:

SB391-SSA1,256,23 938.02 (20m) (a) 5. If a person specified in subd. 1. has been determined to be adjudicated incompetent under ch. 880 in this state, the guardian of the person appointed under ch. 880 for him or her.

SB391-SSA1, s. 578 Section 578. 938.345 (1) (e) of the statutes is amended to read:

SB391-SSA1,257,4 938.345 (1) (e) Place any juvenile not specifically found under chs. 46, 49, 51, 54. or 115 and or ch. 880, 2003 stats., to be developmentally disabled or mentally ill or to be a child with a disability, as defined in s. 115.76 (5), in facilities which that exclusively treat those categories of juveniles.

SB391-SSA1, s. 579 Section 579. 949.04 (1) (b) of the statutes is amended to read:

SB391-SSA1,257,8 949.04 (1) (b) Application by an individual adjudicated incompetent may be made on the incompetent's individual's behalf by the guardian or other person authorized to administer the incompetent's individual's estate.

SB391-SSA1, s. 580 Section 580. 950.02 (4) (a) 5. of the statutes is amended to read:

SB391-SSA1,257,12 950.02 (4) (a) 5. If a person specified in subd. 1. has been determined to be adjudicated incompetent under ch. 880 in this state, the guardian of the person appointed under ch. 880 for him or her.

SB391-SSA1, s. 581 Section 581. 968.20 (1m) (a) 1. of the statutes is amended to read:

SB391-SSA1,257,16 968.20 (1m) (a) 1. "Crime" includes an act committed by a juvenile or by an adult who is adjudicated incompetent adult which that would have been a crime if the act had been committed by a competent adult.

SB391-SSA1, s. 582 Section 582. 992.08 of the statutes is amended to read:

SB391-SSA1,258,6 992.08 Evidence as to county lands; minors. Whenever in any action it is material to any party to show that the title to any tract of land is vested in any county, under chapter 132 of the general laws of 1866, by having been bid in for such county for 5 successive years on sales for taxes and that the tract remains unredeemed, the statement of such sales made by the county treasurer, or the record of such statement in the book kept for that purpose in the treasurer's office, or the certificates of such sales executed by the treasurer to the county shall be prima facie evidence of the regularity of the tax proceedings from and including the valuation of any such tract of land up to and inclusive of the sale thereof and of the existence of all conditions precedent in any way affecting the validity of such sales, or requisite to make the title of such land absolutely vest in the county in which the same is situate. This section does not apply to any such lands if it appears that they were owned at the time of the sales by minors or persons individuals who were adjudicated incompetent, insane or mentally ill or were under guardianship.

SB391-SSA1, s. 583 Section 583 . Nonstatutory provisions.

SB391-SSA1,258,14 (1) Review of order; involuntary administration of psychotropic medication. For an individual who is subject to an order appointing a guardian under section 880.33 (4m), 2003 stats., and to an order initially issued under section 880.33 (4r), 2003 stats., that is in effect on the effective date of this subsection, the county department of the individual's county of residence shall, no later than 9 months after the effective date of this subsection, review the individual's status under the requirements of section 55.19 of the statutes, as created by this act.

SB391-SSA1,258,20 (2) Transition; involuntary administration of psychotropic medication. Notwithstanding the treatment of sections 880.07 (1m), 880.33 (2) (d), (4m), and (4r), and 880.34 (6) of the statutes by this act, all orders issued under section 880.33 (4m) and (4r), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified or terminated by a court order under section 55.19 (3) (e) 2. or 3. of the statutes, as created by this act.

SB391-SSA1,258,22 (3) Compliance by facilities with requirements for administration of psychotropic medication.

SB391-SSA1,259,2 (a) The department of health and family services shall submit in proposed form the rules required under section 50.02 (2) (ad), as created in this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

SB391-SSA1,259,12 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 50.02 (2) (ad) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB391-SSA1,259,13 (4) Transition; guardianship appointments.

SB391-SSA1,259,20 (a) 1. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection (), all guardianships of the person appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2), of the statutes, as affected by this act, terminated by court order under section 54.64 (3) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391-SSA1,260,2 2. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes by this act, except as provided in subsection ( ), all guardianships of the estate appointed under section 880.03, 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391-SSA1,260,9 (b) Notwithstanding the treatment of sections 880.295 and 880.33 (4) of the statutes, by this act, except as provided in subsection (), all guardianships appointed under section 880.295 or 880.33 (4), 2003 stats., in effect on the effective date of this subsection, remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391-SSA1,260,10 (5) Transition; guardianship review and removal.

SB391-SSA1,260,17 (a) Notwithstanding the treatment of section 880.16 and 880.192 of the statutes by this act, all actions for removal of a guardian under section 880.16, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section, and all actions for review of an account or removal of a guardian under section 880.192, 2003 stats., in effect on the effective date of this subsection, remain in effect until determined by the court under that section.

SB391-SSA1,260,24 (b) Notwithstanding the treatment of sections 880.251 and 880.34 (3) of the statutes by this act, all actions for removal of a guardian under section 880.251, 2003 stats., in effect on the effective date of this subsection remain in effect until the court issues an order of removal or dismisses the action, and all actions under section 880.34 (3), 2003 stats., for discharge of a guardian or limitation of a guardianship in effect on the effective date of this subsection remain in effect until determined by the court under that subsection.

SB391-SSA1,261,7 (6) Transition; limited guardianship. Notwithstanding the treatment of sections 880.33 (3) and 880.37 of the statutes by this act, all limited guardianships appointed under sections 880.33 (3) and 880.37, 2003 stats., in effect on the effective date of this subsection remain in effect until modified by court order under section 54.64 (2) of the statutes, as affected by this act, terminated by court order under section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.

SB391-SSA1, s. 584 Section 584. Initial applicability.

SB391-SSA1,261,14 (1) Venue; county of residence; county of responsibility. The treatment of sections 51.01 (4g), (4r), (14), (14t), 51.05 (2), 51.22 (4), 51.40 (title), (1) (e), (em), (hm), (j), and (m) and (2) (intro.), (a) 1. and 2., (b) (intro.), 1., 2. (intro.), a., b., c., d., and g., (f), and (g) 1. and 6., 55.06 (3) (c) and (d), 880.05, 880.06 (title), (1), and (2), and 880.33 (2) (a) 3. of the statutes first applies to determinations of the county of residence made on the effective date of this subsection.

SB391-SSA1,262,13 (2) Requirements for finding that an individual is a minor, incompetent, or a spendthrift and appointment of guardian. The treatment of sections 46.977 (1) (a) and (2) (a) and (c) 2., 48.14 (2) (b) and (11), 48.345 (intro.), 48.347 (intro.), 48.62 (2), 48.831 (1) and (1m) (e), 48.977 (8) (title), (a), and (b), 48.978 (7) (title) and (a) to (c), 50.03 (14) (c) 8. e., 50.06 (2) (c), 51.30 (4) (b) 8m. and 18. a. and c. and (5) (e), 51.40 (1) (f), 51.45 (2) (e) and (13) (c) and (e), 54.01 (title) and (intro.), (1), (4) to (7), (10) to (15), (17) (a) and (b), (18), (19), (23) to (27), (29), (30), (33), (35), (36), and (38), 54.10, 54.15 (1m) (title), (2), (3), (4) (title), and (8), 54.25 (1) (title), (intro.) and (b) 1. to 5. and (2), 54.34 (1) (k) to (p), 54.36 (2) and (3), 54.38 (title), (1), and (2) (b), 54.40 (4) (c), (d), (g), and (h), 54.42 (title), (1) (a) 1. to 3. and (b), (2), (3) (title), (5), and (6), 54.44 (1) to (3) (a), (4) and (6), 54.46 (title), (intro.), (1), (2) (title), (intro.), (a) and (c), and (3) (c), 54.60 (2) to (6), 55.06 (1) (a), 223.10, 243.07 (3) (b), 757.48 (1) (a), 814.66 (1) (b) 2. and (m), 880.01 (intro.), (1) to (7), and (8) to (10), 880.02, 880.03, 880.04 (1), 880.05, 880.06 (title), (1), and (2), 880.07 (title), (1) (intro.), (a) to (j), (2), and (4), 880.08 (intro.), (2), (3) (title), (am) (intro.), and 1. to 4. and (e), and (4), 880.09 (intro.), (2), and (4), 880.10, 880.12, 880.125, 880.13 (title), (1), (2) (title), (a), and (b), and (3), 880.14, 880.33 (title), (1) to (4), (5), (5m), (8), and (9), 880.331 (title), (1) to (3), (4) (intro.) and (a) to (f), and (6) to (8), 880.35, and 880.81 (7), subchapters I (title), II (title), III (title), IV (title), and V (title) of chapter 54, subchapter I (title) of chapter 880, and chapters 54 (title) and 880 (title) of the statutes, the repeal of sections 880.08 (1) (title) and 880.09 (1) (title), (3) (title), and (7) (title) of the statutes, and the renumbering and amendment of sections 880.075, 880.08 (1), and 880.09 (1), (3), and (7) of the statutes first apply to a petition for guardianship filed on the effective date of this subsection.

SB391-SSA1,262,17 (3) Exceptions to appointment of guardian. The treatment of sections 54.12 (1) (e) and (f), 814.61 (12) (a) 1., 814.66 (1) (n), and 880.04 (title), (2), (2m), and (3) of the statutes first applies to an action or proceeding pending on the effective date of this subsection.

SB391-SSA1,262,20 (4) Standby guardianship. The treatment of section 880.36 (title) and (1) of the statutes first applies to a petition for appointment of a standby guardian filed on the effective date of this subsection.

SB391-SSA1,262,23 (5) Successor guardianship. The treatment of section 880.17 of the statutes first applies to a petition filed or motion brought on the effective date of this subsection.

SB391-SSA1,263,3 (6) Elimination of limited guardianship of property. The treatment of sections 6.03 (1) (a) and (3), 17.03 (6), 51.35 (7), 54.34 (1) (m), 55.06 (14), 155.60 (2), 706.03 (4), 880.215, and 880.37 of the statutes first applies to a procedure for appointment of a limited guardian that is conducted on the effective date of this subsection.

SB391-SSA1,263,6 (7) Temporary guardianship. The treatment of sections 50.94 (6), 54.50 (title), (1), and (3), and 880.15 (title), (1), (1m), (1s), (2), and (3) of the statutes first applies to petitions filed on the effective date of this subsection.

SB391-SSA1,263,10 (8) Power of attorney for health care. The treatment of sections 155.05 (1), 155.40 (2m), 155.60 (2), and 880.33 (3) and (8) (b) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, on the effective date of this subsection.

SB391-SSA1,263,15 (9) Durable power of attorney. The treatment of sections 54.46 (2) (c), 54.76 (3) and (3g), and 243.07 (3) (a) and (b) and (7) (c) of the statutes first applies to the appointment of a guardian under section 54.46 (2) of the statutes, as created by this act, or to the appointment of a conservator under section 54.76 (2) of the statutes, as created by this act, on the effective date of this subsection.

SB391-SSA1,264,2 (10) Duties and powers of guardian of the estate. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.19 (title), (intro.), (2) to (6), (8) to (10), 54.20 (title), (1) (a) to (c), (2) (title), (intro.), (a), (c) to (g), (i), and (j), (3) (title), (intro.), (a) to (e), and (k), 54.21, 880.173 (title), (1), and (2), 880.19 (title), (2) (title), (a) and (b), (4) (title) and (a) to (c), and (5) (title) and (a) to (d), 880.191 (title), (1), and (2), 880.192, 880.195, 880.21, 880.215, 880.22 (title), and 880.24 (title), (1), (2), and (3) (title), (a) (intro.) and 1. to 4., and (b) of the statutes, the repeal of section 880.175 (title), 880.18 (title), 880.19 (1) (title) and (3) (title), 880.22 (1) (title) and (2) (title), and 880.23 (title) of the statutes, and the renumbering and amendment of sections 880.175, 880.18, 880.19 (1) and (3), 880.22 (1) and (2), and 880.23 of the statutes first apply to a guardianship of the estate in effect on the effective date of this subsection.

SB391-SSA1,264,7 (11) Duties and powers of guardian of the person. The treatment of sections 54.18 (title) and (1) to (3) (intro.) and (b), 54.25 (1) (title), (intro.) and (b) 1. to 5. and (2), 880.33 (9), and 880.38 (title) and (1) to (3) of the statutes first applies to a guardianship of the person in effect on the effective date of this subsection and to a petition for guardianship filed on the effective date of this subsection.

SB391-SSA1,264,10 (12) Notes and mortgages of minor veterans. The treatment of section 880.32 of the statutes first applies to a note or mortgage executed on the effective date of this subsection.

SB391-SSA1,264,18 (13) Psychotropic medications. The treatment of sections 51.03 (3) (a) 6., 54.01 (6), (28), and (30), 54.25 (2) (d) 2. a., 55.01 (1v), (6t), and (6v), 55.05 (2) (d), 55.14, 55.19, 609.65 (1) (intro.), 880.01 (2), (7m), and (8), 880.07 (1m), 880.33 (2) (d), (4m), and (4r), 880.34 (6), and 905.04 (4) (am) of the statutes, the repeal of section 51.20 (7) (d) 1. a. and b. of the statutes, the renumbering and amendment of section 51.20 (7) (d) 1. (intro.) of the statutes first applies to petitions for involuntary administration of psychotropic medication that are filed on the effective date of this subsection.

SB391-SSA1,264,24 (14) Hunting, patron, and guide licenses. The treatment of sections 29.024 (2u), 29.161, 29.164 (3) (e), 29.171 (1), 29.173 (1), 29.182 (4m), 29.184 (6) (c) 1r. and 2., 29.231 (1), 29.235 (1), and 29.512 (1) of the statutes first applies to receipt by the department of natural resources of a declaration issued by a court that an individual is incapable of understanding the nature and risks of the licensed or credentialed activity.

SB391-SSA1,265,3 (15) Accounts. The treatment of sections 54.62 (title), (3), (4), and (7) (a) to (c), 808.075 (4) (f) 8., 880.245, 880.25 (title) and (1) to (5), 880.252, and 880.253 of the statutes first applies to annual accounts that are due before April 15, 2006.

SB391-SSA1,265,6 (16) Expansion of order of guardianship. The treatment of section 54.63 of the statutes first applies to submittal of a written statement to the court on the effective date of this subsection.

SB391-SSA1,265,10 (17) Revocation or suspension of licenses and credentials. The treatment of sections 343.06 (1) (L), 343.31 (title), (2x), and (3) (a), and 440.121 of the statutes first applies to receipt by an administrative agency of a record of a declaration on the effective date of this subsection.

SB391-SSA1,265,13 (18) Settlements and judgments. The treatment of section 807.10 (title) and (1) to (3) of the statutes first applies to settlements or judgments made on the effective date of this subsection.

SB391-SSA1,265,18 (19) Review of incompetency and termination of guardianship. The treatment of sections 54.64 (2) (title), (a) 1. to 3., and (b), 880.26 (title), (1) (intro.) and (a) to (c), (2) (intro.) and (a) to (d), and (3), 880.29, and 880.34 (title) and (1) to (5) of the statutes first applies to a petition for review of incompetency filed on the effective date of this subsection.

SB391-SSA1,265,22 (20) Review of conduct of guardian. The treatment of section 54.68 of the statutes first applies to commitment by a guardian of any action specified under section 54.68 (2) (a) to (j) of the statutes, as created by this act, on the effective date of this subsection.

SB391-SSA1,266,2 (21) Final accounts. The treatment of sections 54.66 (title) and (3), 808.075 (4) (f) 8., 880.25 (3), 880.27, 880.28, and 880.60 (10) (a) of the statutes first applies to the termination or the resignation, removal, or death of a guardian or the death of a ward on the effective date of this subsection.

SB391-SSA1,266,11 (22) Appointment of conservator and standby conservator. The treatment of sections 54.01 (3), (32), and (34), 54.34 (1) (p), 54.46 (1) (b), 54.76 (title), (3g), (3m) and (3n), and (6) to (9), 243.07 (3) (a) to (c), 814.66 (1) (b) 2., 880.13 (3), 880.295, and 880.33 (8) (intro.) and (a) and subchapter VI (title) of chapter 54 of the statutes, the repeal of section 880.31 (title) of the statutes, the renumbering and amendment of section 880.31 (2), (3), and (6) of the statutes, and the consolidation, renumbering, and amendment of section 880.31 (1), (4), (5), and (7) of the statutes first apply to an application or petition for appointment of a conservator made on the effective date of this subsection.

SB391-SSA1,266,16 (23) Termination of conservatorship. The treatment of section 54.76 (6) to (9) of the statutes first applies to commitment by a conservator of any action specified under section 54.76 (6) (a) to (h) of the statutes, as created by this act, or appointment of a guardian, death of a conservatee, or change of residence of a conservator or conservatee on the effective date of this subsection.

SB391-SSA1,266,19 (24) Degenerative brain disorder. The treatment of section 51.01 (5) (a) of the statutes first applies to a diagnosis of developmental disability made on the effective date of this subsection.

SB391-SSA1,266,23 (25) Protective placement or protective services. The treatment of sections 55.05 (2) (d), 55.06 (1) (a), (3) (c) and (d), (6), and (8) (c), and 880.33 (7) of the statutes first applies to a petition for protective placement or protective services filed on the effective date of this subsection.

SB391-SSA1,267,2 (26) Review of protective placement or protective services. The treatment of sections 55.195 (7) and (9) and 880.331 (5) (intro.) and (a) to (g) of the statutes first applies to a review of protective placement or of protective services conducted on the effective date of this subsection.

SB391-SSA1,267,7 (27) Petition for receipt and acceptance of foreign guardianship. The treatment of sections 54.01 (9g), (9i), (9k), (9m), and (9p), 54.34 (3), 54.38 (1m), 54.44 (1) (c), (3) (b) and (4) (c), 54.46 (1m) and (1r), 54.68 (1), 880.02, 880.05, 880.07 (title), 880.33 (2) (e), and 880.331 (1) of the statutes first applies to a petition for receipt and acceptance of a foreign guardianship filed on the effective date of this subsection.

SB391-SSA1, s. 585 Section 585. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB391-SSA1,267,12 (1) Compliance by facilities with requirements for administration of psychotropic medication. The treatment of Section 583 (3 ) of this act takes effect on the day after publication.

SB391-SSA1,267,14 (2) Wild turkey hunting licenses. The repeal and recreation of section 29.164 (3) (e) of the statutes takes effect on March 1, 2006.

SB391-SSA1,267,15 (End)