SB391-SSA1,258,2221
(3)
Compliance by facilities with requirements for administration of
22psychotropic medication.
SB391-SSA1,259,223
(a) The department of health and family services shall submit in proposed form
24the rules required under section 50.02 (2) (ad), as created in this act, to the legislative
1council staff under section 227.15 (1) of the statutes no later than the first day of the
24th month beginning after the effective date of this paragraph.
SB391-SSA1,259,123
(b) Using the procedure under section 227.24 of the statutes, the department
4of health and family services may promulgate rules required under section 50.02 (2)
5(ad) of the statutes, as created by this act, for the period before the effective date of
6the rules submitted under paragraph (a
), but not to exceed the period authorized
7under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24
8(1) (a), (2) (b), and (3) of the statutes, the department of health and family services
9is not required to provide evidence that promulgating a rule under this paragraph
10as an emergency rule is necessary for the preservation of the public peace, health,
11safety, or welfare and is not required to provide a finding of emergency for a rule
12promulgated under this paragraph.
SB391-SSA1,259,1313
(4)
Transition; guardianship appointments.
SB391-SSA1,259,2014
(a) 1. Notwithstanding the treatment of sections 880.03 and 880.12 of the
15statutes by this act, except as provided in subsection (), all guardianships
16of the person appointed under section 880.03, 2003 stats., in effect on the effective
17date of this subsection, remain in effect until modified by court order under section
1854.64 (2), of the statutes, as affected by this act, terminated by court order under
19section 54.64 (3) of the statutes, as affected by this act, or removed by court order
20under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
SB391-SSA1,260,2
212. Notwithstanding the treatment of sections 880.03 and 880.12 of the statutes
22by this act, except as provided in subsection (
), all guardianships of the
23estate appointed under section 880.03, 2003 stats., in effect on the effective date of
24this subsection, remain in effect until modified by court order under section 54.64 (2)
25of the statutes, as affected by this act, terminated by court order under section 54.64
1(4) of the statutes, as affected by this act, or removed by court order under section
254.68 (4) (d) or (5) of the statutes, as created by this act.
SB391-SSA1,260,93
(b) Notwithstanding the treatment of sections 880.295 and 880.33 (4) of the
4statutes, by this act, except as provided in subsection (), all guardianships
5appointed under section 880.295 or 880.33 (4), 2003 stats., in effect on the effective
6date of this subsection, remain in effect until modified by court order under section
754.64 (2) of the statutes, as affected by this act, terminated by court order under
8section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court
9order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
SB391-SSA1,260,1010
(5)
Transition; guardianship review and removal.
SB391-SSA1,260,1711
(a) Notwithstanding the treatment of section 880.16 and 880.192 of the
12statutes by this act, all actions for removal of a guardian under section 880.16, 2003
13stats., in effect on the effective date of this subsection, remain in effect until
14determined by the court under that section, and all actions for review of an account
15or removal of a guardian under section 880.192, 2003 stats., in effect on the effective
16date of this subsection, remain in effect until determined by the court under that
17section.
SB391-SSA1,260,2418
(b) Notwithstanding the treatment of sections 880.251 and 880.34 (3) of the
19statutes by this act, all actions for removal of a guardian under section 880.251, 2003
20stats., in effect on the effective date of this subsection remain in effect until the court
21issues an order of removal or dismisses the action, and all actions under section
22880.34 (3), 2003 stats., for discharge of a guardian or limitation of a guardianship in
23effect on the effective date of this subsection remain in effect until determined by the
24court under that subsection.
SB391-SSA1,261,7
1(6)
Transition; limited guardianship. Notwithstanding the treatment of
2sections 880.33 (3) and 880.37 of the statutes by this act, all limited guardianships
3appointed under sections 880.33 (3) and 880.37, 2003 stats., in effect on the effective
4date of this subsection remain in effect until modified by court order under section
554.64 (2) of the statutes, as affected by this act, terminated by court order under
6section 54.64 (3) or (4) of the statutes, as affected by this act, or removed by court
7order under section 54.68 (4) (d) or (5) of the statutes, as created by this act.
SB391-SSA1,261,149
(1)
Venue; county of residence; county of responsibility. The treatment of
10sections 51.01 (4g), (4r), (14), (14t), 51.05 (2), 51.22 (4), 51.40 (title), (1) (e), (em), (hm),
11(j), and (m) and (2) (intro.), (a) 1. and 2., (b) (intro.), 1., 2. (intro.), a., b., c., d., and g.,
12(f), and (g) 1. and 6., 55.06 (3) (c) and (d), 880.05, 880.06 (title), (1), and (2), and 880.33
13(2) (a) 3. of the statutes first applies to determinations of the county of residence
14made on the effective date of this subsection.
SB391-SSA1,262,1315
(2)
Requirements for finding that an individual is a minor, incompetent, or
16a spendthrift and appointment of guardian. The treatment of sections 46.977 (1)
17(a) and (2) (a) and (c) 2., 48.14 (2) (b) and (11), 48.345 (intro.), 48.347 (intro.), 48.62
18(2), 48.831 (1) and (1m) (e), 48.977 (8) (title), (a), and (b), 48.978 (7) (title) and (a) to
19(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
20(1) (f), 51.45 (2) (e) and (13) (c) and (e), 54.01 (title) and (intro.), (1), (4) to (7), (10) to
21(15), (17) (a) and (b), (18), (19), (23) to (27), (29), (30), (33), (35), (36), and (38), 54.10,
2254.15 (1m) (title), (2), (3), (4) (title), and (8), 54.25 (1) (title), (intro.) and (b) 1. to 5.
23and (2), 54.34 (1) (k) to (p), 54.36 (2) and (3), 54.38 (title), (1), and (2) (b), 54.40 (4) (c),
24(d), (g), and (h), 54.42 (title), (1) (a) 1. to 3. and (b), (2), (3) (title), (5), and (6), 54.44
25(1) to (3) (a), (4) and (6), 54.46 (title), (intro.), (1), (2) (title), (intro.), (a) and (c), and
1(3) (c), 54.60 (2) to (6), 55.06 (1) (a), 223.10, 243.07 (3) (b), 757.48 (1) (a), 814.66 (1)
2(b) 2. and (m), 880.01 (intro.), (1) to (7), and (8) to (10), 880.02, 880.03, 880.04 (1),
3880.05, 880.06 (title), (1), and (2), 880.07 (title), (1) (intro.), (a) to (j), (2), and (4),
4880.08 (intro.), (2), (3) (title), (am) (intro.), and 1. to 4. and (e), and (4), 880.09 (intro.),
5(2), and (4), 880.10, 880.12, 880.125, 880.13 (title), (1), (2) (title), (a), and (b), and (3),
6880.14, 880.33 (title), (1) to (4), (5), (5m), (8), and (9), 880.331 (title), (1) to (3), (4)
7(intro.) and (a) to (f), and (6) to (8), 880.35, and 880.81 (7), subchapters I (title), II
8(title), III (title), IV (title), and V (title) of chapter 54, subchapter I (title) of chapter
9880, and chapters 54 (title) and 880 (title) of the statutes, the repeal of sections
10880.08 (1) (title) and 880.09 (1) (title), (3) (title), and (7) (title) of the statutes, and the
11renumbering and amendment of sections 880.075, 880.08 (1), and 880.09 (1), (3), and
12(7) of the statutes first apply to a petition for guardianship filed on the effective date
13of this subsection.
SB391-SSA1,262,1714
(3)
Exceptions to appointment of guardian. The treatment of sections 54.12
15(1) (e) and (f), 814.61 (12) (a) 1., 814.66 (1) (n), and 880.04 (title), (2), (2m), and (3) of
16the statutes first applies to an action or proceeding pending on the effective date of
17this subsection.
SB391-SSA1,262,2018
(4)
Standby guardianship. The treatment of section 880.36 (title) and (1) of the
19statutes first applies to a petition for appointment of a standby guardian filed on the
20effective date of this subsection.
SB391-SSA1,262,2321
(5)
Successor guardianship. The treatment of section 880.17 of the statutes
22first applies to a petition filed or motion brought on the effective date of this
23subsection.
SB391-SSA1,263,324
(6)
Elimination of limited guardianship of property. The treatment of
25sections 6.03 (1) (a) and (3), 17.03 (6), 51.35 (7), 54.34 (1) (m), 55.06 (14), 155.60 (2),
1706.03 (4), 880.215, and 880.37 of the statutes first applies to a procedure for
2appointment of a limited guardian that is conducted on the effective date of this
3subsection.
SB391-SSA1,263,64
(7)
Temporary guardianship. The treatment of sections 50.94 (6), 54.50 (title),
5(1), and (3), and 880.15 (title), (1), (1m), (1s), (2), and (3) of the statutes first applies
6to petitions filed on the effective date of this subsection.
SB391-SSA1,263,107
(8)
Power of attorney for health care. The treatment of sections 155.05 (1),
8155.40 (2m), 155.60 (2), and 880.33 (3) and (8) (b) of the statutes first applies to the
9appointment of a guardian under section 54.46 (2) of the statutes, as created by this
10act, on the effective date of this subsection.
SB391-SSA1,263,1511
(9)
Durable power of attorney. The treatment of sections 54.46 (2) (c), 54.76
12(3) and (3g), and 243.07 (3) (a) and (b) and (7) (c) of the statutes first applies to the
13appointment of a guardian under section 54.46 (2) of the statutes, as created by this
14act, or to the appointment of a conservator under section 54.76 (2) of the statutes, as
15created by this act, on the effective date of this subsection.
SB391-SSA1,264,216
(10)
Duties and powers of guardian of the estate. The treatment of sections
1754.18 (title) and (1) to (3) (intro.) and (b), 54.19 (title), (intro.), (2) to (6), (8) to (10),
1854.20 (title), (1) (a) to (c), (2) (title), (intro.), (a), (c) to (g), (i), and (j), (3) (title), (intro.),
19(a) to (e), and (k), 54.21, 880.173 (title), (1), and (2), 880.19 (title), (2) (title), (a) and
20(b), (4) (title) and (a) to (c), and (5) (title) and (a) to (d), 880.191 (title), (1), and (2),
21880.192, 880.195, 880.21, 880.215, 880.22 (title), and 880.24 (title), (1), (2), and (3)
22(title), (a) (intro.) and 1. to 4., and (b) of the statutes, the repeal of section 880.175
23(title), 880.18 (title), 880.19 (1) (title) and (3) (title), 880.22 (1) (title) and (2) (title),
24and 880.23 (title) of the statutes, and the renumbering and amendment of sections
1880.175, 880.18, 880.19 (1) and (3), 880.22 (1) and (2), and 880.23 of the statutes first
2apply to a guardianship of the estate in effect on the effective date of this subsection.
SB391-SSA1,264,73
(11)
Duties and powers of guardian of the person. The treatment of sections
454.18 (title) and (1) to (3) (intro.) and (b), 54.25 (1) (title), (intro.) and (b) 1. to 5. and
5(2), 880.33 (9), and 880.38 (title) and (1) to (3) of the statutes first applies to a
6guardianship of the person in effect on the effective date of this subsection and to a
7petition for guardianship filed on the effective date of this subsection.
SB391-SSA1,264,108
(12)
Notes and mortgages of minor veterans. The treatment of section 880.32
9of the statutes first applies to a note or mortgage executed on the effective date of this
10subsection.
SB391-SSA1,264,1811
(13)
Psychotropic medications. The treatment of sections 51.03 (3) (a) 6., 54.01
12(6), (28), and (30), 54.25 (2) (d) 2. a., 55.01 (1v), (6t), and (6v), 55.05 (2) (d), 55.14,
1355.19, 609.65 (1) (intro.), 880.01 (2), (7m), and (8), 880.07 (1m), 880.33 (2) (d), (4m),
14and (4r), 880.34 (6), and 905.04 (4) (am) of the statutes, the repeal of section 51.20
15(7) (d) 1. a. and b. of the statutes, the renumbering and amendment of section 51.20
16(7) (d) 1. (intro.) of the statutes first applies to petitions for involuntary
17administration of psychotropic medication that are filed on the effective date of this
18subsection.
SB391-SSA1,264,2419
(14)
Hunting, patron, and guide licenses. The treatment of sections 29.024
20(2u), 29.161, 29.164 (3) (e), 29.171 (1), 29.173 (1), 29.182 (4m), 29.184 (6) (c) 1r. and
212., 29.231 (1), 29.235 (1), and 29.512 (1) of the statutes first applies to receipt by the
22department of natural resources of a declaration issued by a court that an individual
23is incapable of understanding the nature and risks of the licensed or credentialed
24activity.
SB391-SSA1,265,3
1(15)
Accounts. The treatment of sections 54.62 (title), (3), (4), and (7) (a) to (c),
2808.075 (4) (f) 8., 880.245, 880.25 (title) and (1) to (5), 880.252, and 880.253 of the
3statutes first applies to annual accounts that are due before April 15, 2006.
SB391-SSA1,265,64
(16)
Expansion of order of guardianship. The treatment of section 54.63 of the
5statutes first applies to submittal of a written statement to the court on the effective
6date of this subsection.
SB391-SSA1,265,107
(17)
Revocation or suspension of licenses and credentials. The treatment
8of sections 343.06 (1) (L), 343.31 (title), (2x), and (3) (a), and 440.121 of the statutes
9first applies to receipt by an administrative agency of a record of a declaration on the
10effective date of this subsection.
SB391-SSA1,265,1311
(18)
Settlements and judgments. The treatment of section 807.10 (title) and
12(1) to (3) of the statutes first applies to settlements or judgments made on the
13effective date of this subsection.
SB391-SSA1,265,1814
(19)
Review of incompetency and termination of guardianship. The treatment
15of sections 54.64 (2) (title), (a) 1. to 3., and (b), 880.26 (title), (1) (intro.) and (a) to (c),
16(2) (intro.) and (a) to (d), and (3), 880.29, and 880.34 (title) and (1) to (5) of the statutes
17first applies to a petition for review of incompetency filed on the effective date of this
18subsection.
SB391-SSA1,265,2219
(20)
Review of conduct of guardian. The treatment of section 54.68 of the
20statutes first applies to commitment by a guardian of any action specified under
21section 54.68 (2) (a) to (j) of the statutes, as created by this act, on the effective date
22of this subsection.
SB391-SSA1,266,223
(21)
Final accounts. The treatment of sections 54.66 (title) and (3), 808.075
24(4) (f) 8., 880.25 (3), 880.27, 880.28, and 880.60 (10) (a) of the statutes first applies
1to the termination or the resignation, removal, or death of a guardian or the death
2of a ward on the effective date of this subsection.
SB391-SSA1,266,113
(22)
Appointment of conservator and standby conservator. The treatment of
4sections 54.01 (3), (32), and (34), 54.34 (1) (p), 54.46 (1) (b), 54.76 (title), (3g), (3m) and
5(3n), and (6) to (9), 243.07 (3) (a) to (c), 814.66 (1) (b) 2., 880.13 (3), 880.295, and 880.33
6(8) (intro.) and (a) and subchapter VI (title) of chapter 54 of the statutes, the repeal
7of section 880.31 (title) of the statutes, the renumbering and amendment of section
8880.31 (2), (3), and (6) of the statutes, and the consolidation, renumbering, and
9amendment of section 880.31 (1), (4), (5), and (7) of the statutes first apply to an
10application or petition for appointment of a conservator made on the effective date
11of this subsection.
SB391-SSA1,266,1612
(23)
Termination of conservatorship. The treatment of section 54.76 (6) to (9)
13of the statutes first applies to commitment by a conservator of any action specified
14under section 54.76 (6) (a) to (h) of the statutes, as created by this act, or appointment
15of a guardian, death of a conservatee, or change of residence of a conservator or
16conservatee on the effective date of this subsection.
SB391-SSA1,266,1917
(24)
Degenerative brain disorder. The treatment of section 51.01 (5) (a) of the
18statutes first applies to a diagnosis of developmental disability made on the effective
19date of this subsection.
SB391-SSA1,266,2320
(25)
Protective placement or protective services. The treatment of sections
2155.05 (2) (d), 55.06 (1) (a), (3) (c) and (d), (6), and (8) (c), and 880.33 (7) of the statutes
22first applies to a petition for protective placement or protective services filed on the
23effective date of this subsection.
SB391-SSA1,267,224
(26)
Review of protective placement or protective services. The treatment
25of sections 55.195 (7) and (9) and 880.331 (5) (intro.) and (a) to (g) of the statutes first
1applies to a review of protective placement or of protective services conducted on the
2effective date of this subsection.
SB391-SSA1,267,73
(27)
Petition for receipt and acceptance of foreign guardianship. The
4treatment of sections 54.01 (9g), (9i), (9k), (9m), and (9p), 54.34 (3), 54.38 (1m), 54.44
5(1) (c), (3) (b) and (4) (c), 54.46 (1m) and (1r), 54.68 (1), 880.02, 880.05, 880.07 (title),
6880.33 (2) (e), and 880.331 (1) of the statutes first applies to a petition for receipt and
7acceptance of a foreign guardianship filed on the effective date of this subsection.
SB391-SSA1, s. 585
8Section
585.
Effective dates. This act takes effect on the first day of the 7th
9month beginning after publication, except as follows:
SB391-SSA1,267,1210
(1)
Compliance by facilities with requirements for administration of
11psychotropic medication. The treatment of
Section 583 (3
) of this act takes effect
12on the day after publication.
SB391-SSA1,267,1413
(2)
Wild turkey hunting licenses. The repeal and recreation of section 29.164
14(3) (e) of the statutes takes effect on March 1, 2006.