SB391: Bill Text

SB391,21,18 17.03 (6) A competent tribunal voids the election or appointment; or adjudges the incumbent to be incapable of understanding the objective of the elective process; or places the incumbent under guardianship, or under limited guardianship unless the court finds that the incumbent is competent to exercise the right to vote.

SB391, s. 4 Section 4. 19.32 (1m) of the statutes is amended to read:

SB391,22,2 19.32 (1m) "Person authorized by the individual" means the parent, guardian, as defined in s. 48.02 (8), or legal custodian, as defined in s. 48.02 (11), of a child, as defined in s. 48.02 (2), the guardian, as defined in s. 880.01 (3), of an individual adjudged adjudicated incompetent , as defined in s. 880.01 (4) in this state, the personal representative or spouse of an individual who is deceased , or any person authorized, in writing, by the individual to exercise the rights granted under this section.

SB391, s. 5 Section 5. 29.024 (2u) of the statutes is created to read:

SB391,22,8 29.024 (2u) Revocation of hunting licenses based on incompetency. The department shall revoke any license authorizing hunting issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a hunting license under this chapter.

SB391, s. 6 Section 6. 29.161 of the statutes is amended to read:

SB391,22,13 29.161 Resident small game hunting license. A resident small game hunting license shall be issued subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying for this license. The resident small game hunting license does not authorize the hunting of bear, deer, elk, or wild turkey.

SB391, s. 7 Section 7. 29.164 (3) (e) of the statutes is amended to read:

SB391,22,19 29.164 (3) (e) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a wild turkey hunting license. A person who receives a notice of approval and who pays the fee in the manner required by the department shall be issued a wild turkey hunting license subject to ss. 29.024 and 54.25 (2) (c) 1. d.

SB391, s. 8 Section 8. 29.171 (1) of the statutes is amended to read:

SB391,22,23 29.171 (1) A resident archer hunting license shall be issued subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying for this license.

SB391, s. 9 Section 9. 29.173 (1) of the statutes is amended to read:

SB391,23,3 29.173 (1) Issuance. A resident deer hunting license shall be issued subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying for this license.

SB391, s. 10 Section 10. 29.182 (4m) of the statutes is amended to read:

SB391,23,9 29.182 (4m) Limitation of one license. A person may be issued, or transferred under sub. (4) (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under sub. (4) (g), of the license to the person is subject to s. ss. 29.024 (2g) and 54.25 (2) (c) 1. d.

SB391, s. 11 Section 11. 29.184 (6) (c) 1r. of the statutes is amended to read:

SB391,23,14 29.184 (6) (c) 1r. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the fees required for the license shall be issued the license subject to s. ss. 29.024 (2g) and 54.25 (2) (c) 1. d.

SB391, s. 12 Section 12. 29.184 (6) (c) 2. of the statutes is amended to read:

SB391,23,18 29.184 (6) (c) 2. A Class B bear license shall be issued subject to s. ss. 29.024 (2g) and 54.25 (2) (c) 1. d. by the department to any resident who applies for this license.

SB391, s. 13 Section 13. 29.231 (1) of the statutes is amended to read:

SB391,23,23 29.231 (1) A resident sports license shall be issued subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident who applies for this license, and a nonresident sports license shall be issued subject to s. 29.024 by the department to any person who is not a resident and who applies for the license.

SB391, s. 14 Section 14. 29.235 (1) of the statutes is amended to read:

SB391,24,5 29.235 (1) Issuance. A resident conservation patron license shall be issued subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident 14 years old or older who applies for the license. A nonresident conservation patron license shall be issued subject to s. 29.024 by the department to any person 14 years old or older who is not a resident and who applies for the license.

SB391, s. 15 Section 15. 29.512 (1) of the statutes is amended to read:

SB391,24,13 29.512 (1) No person may engage or be employed for any compensation or reward to guide, direct or assist any other person in hunting, fishing or trapping unless the person is issued a guide license by the department subject to s. ss. 29.024 and 54.25 (2) (c) 1. d. No guide license for hunting or trapping may be issued to or obtained by any person who is not a resident of this state. No guide license may be issued to any person under the age of 18 years. The holder of a guide license shall comply with all of the requirements of this chapter.

SB391, s. 16 Section 16. 32.05 (4) of the statutes is amended to read:

SB391,25,16 32.05 (4) How notice of jurisdictional offer is given. The giving of such notice is a jurisdictional requisite to a taking by condemnation. Such notice may be given by personal service in the manner of service of a circuit court summons, or it may be transmitted by certified mail. If service is by mail, service of the papers shall be deemed completed on the date of mailing and the use of mail service shall not increase the time allowed to act in answer to or in consequence of such service. If such owner or mortgagee is unknown or cannot be found there shall be published in the county wherein the property is located a class 1 notice, under ch. 985. If such owner is a minor, or an incompetent person individual adjudicated incompetent, the condemnor shall serve such notice upon the legal guardian of such the minor or incompetent individual, and if there is no such guardian the condemnor shall proceed under s. 32.15 to have a special guardian appointed to represent such the minor or incompetent individual in such the proceeding. The reasonable fees of such any special guardian as approved by the court shall be paid by the condemnor. Such The notice shall be called the "jurisdictional offer". The condemnor shall file a lis pendens on or within 14 days of the date of service or mailing of the jurisdictional offer or within 14 days of the date of publication if publication is necessary. The lis pendens shall include a copy of the jurisdictional offer. From the time of such filing every purchaser or encumbrancer whose conveyance or encumbrance is not recorded or filed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the terms of the jurisdictional offer and it shall not be necessary to serve other jurisdictional offers on such subsequent purchaser or encumbrancer. In the award the condemnor may name and make payment to parties who were owners or mortgagees at the time of the filing of the lis pendens unless subsequent purchasers or encumbrancers give written notice to the condemnor of their subsequently acquired interests in which event such parties shall be named in the award as their interests may appear.

SB391, s. 17 Section 17. 32.06 (4) of the statutes is amended to read:

SB391,25,21 32.06 (4) Right of minors and incompetents individuals adjudicated incompetent. If any person having an ownership interest in the property proposed to be condemned is a minor or an is adjudicated incompetent person, a special guardian shall be appointed for the person pursuant to s. 32.05 (4).

SB391, s. 18 Section 18. 32.06 (7) of the statutes is amended to read:

SB391,27,2 32.06 (7) Petition for condemnation proceedings. If the jurisdictional offer is not accepted within the periods limited in sub. (6) or the owner fails to consummate an acceptance as provided in sub. (6), the condemnor may present a verified petition to the circuit court for the county in which the property to be taken is located, for proceedings to determine the necessity of taking, where such determination is required, and the amount of just compensation. The petition shall state that the jurisdictional offer required by sub. (3) has been made and rejected; that it is the intention of the condemnor in good faith to use the property or right therein for the specified purpose. It shall name the parties having an interest of record in the property as near as may be and shall name the parties who are minors or persons of unsound mind, who are adjudicated incompetent, or whose location is unknown. The petition may not disclose the amount of the jurisdictional offer, and if it does so it is a nullity. The petition shall be filed with the clerk of the court. Notice of the petition shall be given as provided in s. 32.05 (4) to all persons having an interest of record in the property, including the special guardian appointed for minors or individuals adjudicated incompetent persons. A lis pendens shall be filed on the date of filing the petition. The date of filing the lis pendens is the "date of evaluation" of the property for the purpose of fixing just compensation, except that if the property is to be used in connection with the construction of a facility, as defined under s. 196.491 (1), the "date of evaluation" is the date that is 2 years prior to the date on which the certificate of public convenience and necessity is issued for the facility. The hearing on the petition may not be earlier than 20 days after the date of its filing unless the petitioner acquired possession of the land under s. 32.12 (1) in which event this hearing is not necessary. If the petitioner is entitled to condemn the property or any portion of it, the judge immediately shall assign the matter to the chairperson of the county condemnation commissioners for hearing under s. 32.08. An order by the judge determining that the petitioner does not have the right to condemn or refusing to assign the matter to the chairperson of the county condemnation commissioners may be appealed directly to the court of appeals.

SB391, s. 19 Section 19. 32.075 (3) (b) of the statutes is amended to read:

SB391,27,13 32.075 (3) (b) If the person is a minor or an individual adjudicated incompetent, the notice under par. (a) shall be to the special guardian appointed for the person him or her. The notice under par. (a) shall state that the person, or, if the person is deceased, the person's heirs, may petition the circuit court of the county in which the property is located, within 90 days after receipt of the notice, for an order to require the public utility to return the interest in the property to the petitioner. The circuit court shall grant the petition and shall make a formal order returning the petitioner's interest in the property. The order shall operate to divest any title of the public utility to the property subject to the petition and to automatically discharge any lis pendens filed in relation to the condemnation of the property.

SB391, s. 20 Section 20. 32.22 (6) (b) of the statutes is amended to read:

SB391,27,16 32.22 (6) (b) If any owner is a minor or an individual adjudicated incompetent person, a special guardian shall be appointed under s. 32.05 (4).

SB391, s. 21 Section 21. 32.64 of the statutes is repealed.

SB391, s. 22 Section 22. 36.27 (2) (a) 5. of the statutes is amended to read:

SB391,27,22 36.27 (2) (a) 5. Any minor student under guardianship in this state pursuant to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at an institution.

SB391, s. 23 Section 23. 40.08 (9) of the statutes is amended to read:

SB391,28,5 40.08 (9) Payments of benefits to minors and incompetents individuals found incompetent. In any case in which a benefit amount becomes payable to a minor or to a person adjudged mentally an individual adjudicated incompetent, the department may waive guardianship proceedings, and pay the benefit to the person providing for or caring for the minor, or to the spouse or the, parent, or other relative by blood or adoption providing for or caring for the individual adjudicated incompetent person.

SB391, s. 24 Section 24. 45.36 (1) (b) of the statutes is amended to read:

SB391,28,12 45.36 (1) (b) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, or a legally constituted representative if the veteran is adjudicated incompetent or deceased. Where for proper reason no representative has been or will be appointed, the veteran's spouse, an adult child, or, if the veteran is unmarried, either parent shall be recognized as the duly authorized representative.

SB391, s. 25 Section 25. 46.011 (intro.) of the statutes is amended to read:

SB391,28,14 46.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55 and 58:

SB391, s. 26 Section 26. 46.27 (1) (e) of the statutes is amended to read:

SB391,28,18 46.27 (1) (e) "Voluntary" means according to a person's an individual's free choice, if competent, or by choice of a his or her guardian, if the individual is adjudicated incompetent.

SB391, s. 27 Section 27. 46.977 (1) (a) of the statutes is amended to read:

SB391,28,21 46.977 (1) (a) "Guardian" has the meaning provided given in s. 880.01 (3) 54.01 (10).

SB391, s. 28 Section 28. 46.977 (2) (a) of the statutes is amended to read:

SB391,29,5 46.977 (2) (a) Annually, prior to April 30, an organization may apply to the department for a grant under this section for the purpose of recruiting, training, monitoring and assisting guardians for persons determined to be individuals found incompetent under ch. 880 54. By June 30, the department shall determine which organizations will receive a grant during the following fiscal year based on the criteria under par. (c). No grant may be awarded unless the applicant provides matching funds equal to 10% of the amount of the award. The department shall make grants under this section from the appropriation under s. 20.435 (7) (cg).

SB391, s. 29 Section 29. 46.977 (2) (b) 1. of the statutes is amended to read:

SB391,29,8 46.977 (2) (b) 1. Recruit individuals or organizations to act as guardians for persons determined to be individuals found incompetent under ch. 880 54.

SB391, s. 30 Section 30. 46.977 (2) (c) 2. of the statutes is amended to read:

SB391,29,12 46.977 (2) (c) 2. The extent to which the proposed program will effectively recruit, train, monitor and assist guardians for persons determined to be individuals found incompetent under ch. 880 54.

SB391, s. 31 Section 31. 48.14 (2) (b) of the statutes is amended to read:

SB391,29,17 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978 and ch. 880 54 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

SB391, s. 32 Section 32. 48.14 (11) of the statutes is amended to read:

SB391,29,19 48.14 (11) Granting visitation privileges under s. 880.155 54.56.

SB391, s. 33 Section 33. 48.345 (intro.) of the statutes is amended to read:

SB391,30,10 48.345 Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 54, or 115 and 880 to be developmentally disabled, mentally ill, or to have a disability specified in s. 115.76 (5) in facilities which that exclusively treat those categories of children, and the court may not place any child expectant mother of an unborn child in need of protection or services outside of the child expectant mother's home unless the court finds that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The dispositions under this section are as follows:

SB391, s. 34 Section 34. 48.347 (intro.) of the statutes is amended to read:

SB391,31,3 48.347 Disposition of unborn child of adult expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the unborn child of an adult expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother of an unborn child not specifically found under ch. 51, 54, or 55 or 880 to be developmentally disabled or mentally ill in a facility which that exclusively treats those categories of individuals, and the court may not place any adult expectant mother of an unborn child in need of protection or services outside of the adult expectant mother's home unless the court finds that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. If the judge finds that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.345 under a care and treatment plan. The dispositions under this section are as follows:

SB391, s. 35 Section 35. 48.62 (2) of the statutes is amended to read:

SB391,31,19 48.62 (2) A relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a), or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB391, s. 36 Section 36. 48.831 (1) of the statutes is amended to read:

SB391,32,2 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 54 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880 54.

SB391, s. 37 Section 37. 48.831 (1m) (e) of the statutes is amended to read:

SB391,32,6 48.831 (1m) (e) A guardian appointed under ch. 54 or ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court under s. 54.54 (1) or s. 880.17 (1), 2003 stats.

SB391, s. 38 Section 38. 48.977 (8) of the statutes is amended to read:

SB391,32,10 48.977 (8) (title) Relationship to ch. 54 and ch. 880, 2003 stats. (a) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,12 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 880 54 for appointment of a guardian.

SB391, s. 39 Section 39. 48.978 (7) of the statutes is amended to read:

SB391,32,17 48.978 (7) Relationship to ch. 880 54. (a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies, and procedures provided in ch. 880 54 shall govern a standby guardianship created under this section.

SB391,32,19 (b) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,21 (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under ch. 880 54.

SB391, s. 40 Section 40. 49.001 (8) of the statutes is amended to read:

SB391,32,25 49.001 (8) "Voluntary" means according to a person's an individual's free choice, if competent, or by choice of a his or her guardian if the individual is adjudicated incompetent.

SB391, s. 41 Section 41. 49.498 (3) (a) 1. of the statutes is amended to read:

SB391,33,7 49.498 (3) (a) 1. The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident's well-being, and, except with respect to a resident found who is adjudicated incompetent under s. 880.33 in this state, to participate in planning care and treatment or changes in care and treatment.

SB391, s. 42 Section 42. 49.498 (3) (c) of the statutes is amended to read:

SB391,33,12 49.498 (3) (c) For a resident who is found adjudicated incompetent under s. 880.33 in this state, the rights of a resident under this subsection devolve upon and, to the extent determined necessary by a court of competent jurisdiction, are exercised by the resident's guardian appointed under s. 880.33.

SB391, s. 43 Section 43. 50.02 (2) (ad) of the statutes is created to read:

SB391,33,16 50.02 (2) (ad) The department shall promulgate rules that require each facility licensed under this subchapter to provide information necessary for the department to assess the facility's compliance with s. 55.14.

SB391, s. 44 Section 44. 50.03 (14) (c) 8. e. of the statutes is amended to read:

SB391,33,19 50.03 (14) (c) 8. e. A list of the residents whom the facility believes to be incompetent meet the requirements of s. 54.10 (3).

SB391, s. 45 Section 45. 50.06 (2) (intro.) of the statutes is amended to read:

SB391,33,24 50.06 (2) (intro.) An individual under sub. (3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent under ch. 880 in this state, if all of the following apply:

SB391, s. 46 Section 46. 50.06 (2) (c) of the statutes is amended to read:

SB391,34,3 50.06 (2) (c) A petition for guardianship for the individual under s. 880.07 54.34 and a petition for protective placement of the individual under s. 55.06 (2) are filed prior to the proposed admission.