Wisconsin 2021-2022 Regular Session Status: Enacted Bipartisan · 5 D · 3 R cosponsors

SB 92 — Relating to: guardian training requirements.

Last action — Published 12-4-2021

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 11, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 3 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

150 added · 10 removed

Plain-language change summary

In the latest version of Senate Bill 92, a significant change was made regarding training requirements for guardians of minors. The amendment exempts guardians of minors from certain training obligations outlined in the bill. This change matters because it reduces the training burden on guardians of minors, which may make it easier for them to obtain and maintain their guardianship roles. Overall, this adjustment aims to streamline the process while still ensuring that guardians are knowledgeable about their responsibilities.

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- 2022 LEGISLATURE LRBa0296/1 JPC:amn SENATE AMENDMENT 1, TO SENATE BILL 92 March 15, 2021 - Offered by SenatoACQUE.
- 2022 LEGISLATURE LRB-0143/1 JPC:cdc SENATE BILL 92 February 11, 2021 - Introduced by Senators ACQUE , ERNIER, BALLWEG , EWLEY , C ARPENTER, J OHNSON, L ARSON , PFAFF, R INGHAND , L.
At the locations indicated, amend the bill as follows:
TAYLOR, T ESTIN, W ANGGAARD and W IRCH, cosponsored by Representatives Z IMMERMAN , D ITTRIC, BALDEH, BOWEN , BRANDTJEN, EDMING, GUNDRUM , HONG , KNODL, B.
M EYERS, MOSES , MURSAU, ORTIZ-VELEZ, J.R ODRIGUEZ, SHANKLAND , INICKI, SPREITZER, S UMMERFIELD , TAUCHEN , THIESFELDT, V INING, VRUWINK and W ICHGERS.
Referred to Committee on Human Services, Children and Families.
A N A CT to renumber 46.977 (2) (a) and 54.15 (8) (a) 1.
to 4.;
to renumber and amend 46.977 (1) (b);
to consolidate, renumber and amend 46.977 (1) (intro.) and (a);
to amend 46.977 (2) (b) (intro.), 46.977 (2) (c), 54.15 (8) (a) (intro.) and 54.15 (8) (b);
and to create 46.977 (3), 54.15 (8) (a) 2m.
and 54.26 of the statutes;
relating to:
guardian training requirements.
Analysis by the Legislative Reference Bureau This bill establishes initial training requirements for guardians.
Under the bill, every proposed guardian of the person must complete training on all of the following topics:
1) the duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority;
2) alternatives to guardianship, including supported decision-making and powers of attorney;
3) rights retained by a ward;
4) best practices for a guardian to solicit and understand the wishes and preferences of a ward, involving a ward in decision-making, and taking a ward's wishes and preferences into account in decisions made by the guardian;
5) restoration of a ward's rights and the process for removal of guardianship;
6) future planning and identification of a potential standby or successor guardian;
and 7) resources and technical support for guardians.
The bill also requires that every proposed guardian of the estate complete training on the duties and responsibilities of a guardian under the law and limits of a guardian's decision-making authority and inventory and accounting requirements.
The bill provides limited exemptions to these training requirements for certain corporate guardians, volunteer guardians, and guardians of minors.
- 2022 Legislature - 2 - LRB-0143/1 JPC:cdc SENATE BILL 92 Under the bill, a proposed guardian of the person or the estate must submit, prior to permanent guardianship being granted, a sworn and notarized statement to the court that the person has completed the training requirements.
The bill requires the Department of Health Services to award a grant to administer and conduct the required guardian training.
DHS must require, in the request for proposal, that the grantee have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.
In addition, the grantee selected to develop training shall develop plain language, web-based online training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
46.977 (1) (intro.) and (a) of the statutes are consolidated, renumbered 46.977 (1) and amended to read:
46.977 (1) DEFINITIONSD EFINITION.In this section:
(a) “Guardian", “guardian” has the meaning given in s.
54.01 (10).
SECTION 2.
46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and amended to read:
46.977 (2) (ag) “Organization" In this subsection, “organization” means a private, nonprofit agency or a county department under s.
46.215, 46.22, 46.23, 51.42 or 51.437.
SECTION 3.
46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am).
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SECTION 4.
46.977 (2) (b) (intro.) of the statutes is amended to read:
46.977 (2) (b) (intro.) Organizations awarded grants under par.
(a) (am) shall do all of the following:
SECTION 5.
46.977 (2) (c) of the statutes is amended to read:
LRB-0143/1 - 2022 Legislature - 3 - JPC:cdc SECTION 5 SENATE BILL 92 46.977 (2) (c) In reviewing applications for grants under par.
(am)the department shall consider the extent to which the proposed program will effectively train and assist guardians for individuals found incompetent under ch.
54.
SECTION 6.
46.977 (3) of the statutes is created to read:
46.977(3) GRANT FOR INITIAL TRAININ(a) The department shall award a grant to develop, administer, and conduct the guardian training required under s.
54.26.
(b) The department shall require the grantee to have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.
(c) The grantee selected to develop training that meets the requirements under s.
54.26 (1) shall develop plain language, web-based online training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.
SECTION 7.
54.15 (8) (a) (intro.) of the statutes is amended to read:
54.15 (8) (a) (intro.) At least 96 hours before the hearing under s.
54.44, the proposed guardian shall submit to the court a of the following:
1m.
Asworn and notarized statement as to whether any of the following is true:
SECTION 8.
54.15 (8) (a) 1.
to 4.
of the statutes are renumbered 54.15 (8) (a) 1m.
a.
to d.
SECTION 9.
54.15 (8) (a) 2m.
of the statutes is created to read:
54.15 (8) (a) 2m.
A sworn and notarized statement that the proposed guardian has completed the training requirements under s.
54.26 (1), unless exempted under s.
54.26 (2) (c), (d), or (e).
- 2022 Legislature - 4 - LRB-0143/1 JPC:cdc SENATE BILL 92 S ECTION 10 S ECTION 10.
54.15 (8) (b) of the statutes is amended to read:
54.15 (8) (b) If par.
(a) 1., 2., 3., or 4.
1m.
a., b., c., or d.
applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par.
(a) 1., 2., 3., or 4.
1m.
a., b., c., or d.
S ECTION 11.
54.26 of the statutes is created to read:
54.26 Guardian training requirements.
(1) R EQUIRED TRAINING TOPICS(a) Every guardian of the person, unless exempted under sub.
(2) (c), (d), or (e), shall complete training on all of the following topics:
Page 5, line 12:
The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
delete lines 12 and 13 and substitute:
2.
“(e) A guardian of a minor under s.
Alternatives to guardianship, including supported decision-making agreements and powers of attorney.
48.9795, 48.831, 48.977, 48.978, or 54.10 (1) is exempt from pars.
3.
(a) and (b).”.
Rights retained by a ward.
4.
Best practices for a guardian to solicit and understand the wishes and preferences of a ward, involving a ward in decision making, and taking a ward's wishes and preferences into account in decisions made by the guardian.
5.
Restoration of a ward's rights and the process for removal of guardianship.
6.
Future planning and identification of a potential standby or successor guardian.
7.
Resources and technical support for guardians.
(b) Every guardian of the estate shall complete training on all of the following topics:
1.
The duties and required responsibilities of a guardian under the law and limits of a guardian's decision-making authority.
LRB-0143/1 - 2022 Legislature - 5 - JPC:cdc SECTION 11 SENATE BILL 92 2.
Inventory and accounting requirements.
(2) INITIAL TRAINING REQUIREMENTS(a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub.
(1) (a).
(b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub.
(1) (b).
(c) A guardian under s.
54.15 (7) who is regulated by the department is exempt from pars.
(a) and (b).
(d) A volunteer guardian who has completed the training requirements under sub.
(1) is exempt from pars.
(a) and (b) with regard to subsequent wards.
(e) A guardian of the person or a guardian of the estate, or both, for a minor under s.
54.10 (1) is exempt from pars.
(a) and (b).
S ECTION 12.Nonstatutory provisions.
(1) The entity selected under s.
46.977 to administer and conduct training shall, no later than one year after the effective date of this subsection and in coordination with the department of health services, develop the content for the initial training to be provided to guardians under s.
54.26, and implement the program.
S ECTION 13.Initial applicability.
(1) The treatment of ss.
54.15 (8) (a) (intro.) (as it relates to any requirement for a statement as described under s.
54.15 (8) (a) 2m.) and 2m.
and 54.26 first applies to petitions for guardianship filed on the first day of the 13th month beginning after the effective date of this subsection.
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Action History

  1. Published 12-4-2021

  2. Report approved by the Governor on 12-3-2021. 2021 Wisconsin Act 97

  3. Presented to the Governor on 12-2-2021

  4. Report correctly enrolled

  5. Received from Assembly concurred in

  6. Ordered immediately messaged

  7. Representatives Subeck and Tittl added as cosponsors

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Rules suspended to withdraw from calendar and take up

  13. Placed on calendar 10-27-2021 by Committee on Rules

  14. Read first time and referred to committee on Rules

  15. Received from Senate

  16. Ordered immediately messaged

  17. Read a third time and passed

  18. Rules suspended

  19. Ordered to a third reading

  20. Senate Amendment 1 adopted

  21. Read a second time

  22. Senate Amendment 1 offered by Senator Jacque

  23. Placed on calendar 3-16-2021 pursuant to Senate Rule 18(1)

  24. Available for scheduling

  25. Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0

  26. Executive action taken

  27. Public hearing held

  28. Read first time and referred to Committee on Human Services, Children and Families

  29. Introduced by Senators Jacque, Bernier, Ballweg, Bewley, Carpenter, Johnson, Larson, Pfaff, Ringhand, L. Taylor, Testin, Wanggaard and Wirch; cosponsored by Representatives Zimmerman, Dittrich, Baldeh, Bowen, Brandtjen, Edming, Gundrum, Hong, Knodl, B. Meyers, Moses, Mursau, Ortiz-Velez, J. Rodriguez, Shankland, Sinicki, Spreitzer, Summerfield, Tauchen, Thiesfeldt, Vining, Vruwink and Wichgers

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 119 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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civil-rights education
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Frequently asked questions

Who sponsors SB 92?
SB 92 is sponsored by Wirch, Robert (Democrat), Wanggaard, Van (Republican), Testin, Patrick (Republican), L. Taylor, Ringhand, Pfaff, Brad (Democrat), Larson, Chris (Democrat), Johnson, LaTonya (Democrat), Carpenter, Tim (Democrat), Bewley, Ballweg, Bernier, and Jacque, André (Republican).
What is the current status of SB 92?
This bill has been enacted into law. Introduced February 11, 2021. Enacted.
Where can I track SB 92?
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