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Bills · 2011-2012 Regular Session

AB 30

Became law Official bill text Atom feed

delegation by a parent, guardian, or legal custodian of a child of powers regarding the care and custody of the child by a power of attorney.

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) may, under certain circumstances appoint a legal

custodian for a child, which confers on the legal custodian the right and duty to

protect, train, and discipline the child and to provide food, shelter, legal services,

education, and ordinary medical and dental care for the child. The juvenile court

may also, under certain circumstances, appoint a guardian for a child, which confers

on the guardian the rights and duties of a legal custodian, plus the duty and

authority to make important decisions in matters having a permanent effect on the

life and development of the child, including the authority to consent to marriage,

enlistment in the U.S. armed forces, major medical, psychiatric, and surgical

treatment, and obtaining a motor vehicle operator's license.

This bill permits a parent, guardian, or legal custodian of a child, by a properly

executed power of attorney, to delegate to another person, for a period not to exceed

one year, any of his or her powers regarding the care and custody of the child, except

the power to consent to the marriage or adoption of the child, the performance or

inducement of an abortion on or for the child, or the termination of parental rights

to the child. The bill provides that such a delegation of powers does not deprive the

parent, guardian, or legal custodian of any of his or her powers regarding the care

and custody of the child.

Under current law, a person who provides care and maintenance for four or

fewer children must obtain a license to operate a foster home. Current law, however,

permits a relative or guardian of a child to provide care and maintenance for a child

without obtaining a license to operate a foster home. This bill exempts a person who

is delegated care and custody of a child as provided in the bill from the requirement

that the person obtain a license to operate a foster home in order to provide care and

maintenance for the child.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: A. Ott (R) , Bernier (R) , Farrow (R) , Fields (D) , Jorgensen (D) , Kapenga (R) , Kleefisch (R) , Knodl (R) , Kooyenga (R) , Kuglitsch (R) , LeMahieu (R) , Marklein (R) , Mursau (R) , Petrowski (R) , Pridemore (R) , Ripp (R) , Rivard (R) , Spanbauer (R) , Staskunas (D) , Turner (D) , Wynn (R) , by request of Lieutenant Governor Rebecca Kleefisch

2 cosponsors

Jacque (R) , Loudenbeck (R)

Votes

Assembly: Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Children and Families, Ayes 5, Noes 3

Passed 5–3 May 12, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 2 to Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

Passed 60–35 May 17, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

Passed 60–35 May 17, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report adoption of Senate Amendment 1 recommended by committee on Public Health, Human Services, and Revenue, Ayes 5, Noes 0

Passed 5–0 Jun 16, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Feb 23, 2011 · Assembly

    Introduced by Representatives Kooyenga, Pridemore, Bernier, Farrow, Fields, Jorgensen, Kapenga, Kleefisch, Knodl, Kuglitsch, LeMahieu, Marklein, Mursau, A. Ott, Petrowski, Ripp, Rivard, Spanbauer, Staskunas, Turner and Wynn, by request of Lieutenant Governor Rebecca Kleefisch

  2. Feb 23, 2011 · Assembly

    Read first time and referred to committee on Children and Families

  3. Apr 1, 2011 · Assembly

    Fiscal estimate received

  4. Apr 6, 2011 · Assembly

    Public hearing held

  5. Apr 12, 2011 · Assembly

    Representative Jacque added as a coauthor

  6. Apr 27, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representative Kooyenga

  7. May 12, 2011 · Assembly

    Report passage as amended recommended by committee on Children and Families, Ayes 7, Noes 1

  8. May 12, 2011 · Assembly

    Referred to committee on Rules

  9. May 12, 2011 · Assembly

    Placed on calendar 5-13-2011 by committee on Rules

  10. May 12, 2011 · Assembly

    Executive action taken

  11. May 12, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by committee on Children and Families

  12. May 12, 2011 · Assembly

    Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Children and Families, Ayes 5, Noes 3

  13. May 12, 2011 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Children and Families, Ayes 8, Noes 0

  14. May 17, 2011 · Assembly

    Read a second time

  15. May 17, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 adopted

  16. May 17, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representatives Berceau, Molepske Jr, Pasch, Sinicki, Bernard Schaber, Bewley, Zamarripa, Vruwink, Pocan, Barca and Roys

  17. May 17, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

  18. May 17, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representatives Richards, Kessler, Vruwink, Grigsby, Pasch and Bewley

  19. May 17, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

  20. May 17, 2011 · Assembly

    Assembly substitute amendment 1 adopted

  21. May 17, 2011 · Assembly

    Ordered to a third reading

  22. May 17, 2011 · Assembly

    Rules suspended

  23. May 17, 2011 · Assembly

    Read a third time and passed

  24. May 17, 2011 · Assembly

    Ordered immediately messaged

  25. May 18, 2011 · Senate

    Received from Assembly

  26. May 18, 2011 · Senate

    Read first time and referred to committee on Public Health, Human Services, and Revenue

  27. May 25, 2011 · Senate

    Public hearing held

  28. Jun 15, 2011 · Senate

    Senate amendment 1 offered by Senator Moulton

  29. Jun 16, 2011 · Senate

    Executive action taken

  30. Jun 16, 2011 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Public Health, Human Services, and Revenue, Ayes 5, Noes 0

  31. Jun 16, 2011 · Senate

    Report concurrence as amended recommended by committee on Public Health, Human Services, and Revenue, Ayes 5, Noes 0

  32. Jun 16, 2011 · Senate

    Available for scheduling

  33. Oct 17, 2011 · Senate

    Representative Loudenbeck added as a coauthor

  34. Oct 17, 2011 · Senate

    Placed on calendar 10-18-2011 pursuant to Senate Rule 18(1)

  35. Oct 18, 2011 · Senate

    Read a second time

  36. Oct 18, 2011 · Senate

    Senate amendment 1 adopted

  37. Oct 18, 2011 · Senate

    Ordered to a third reading

  38. Oct 18, 2011 · Senate

    Rules suspended

  39. Oct 18, 2011 · Senate

    Read a third time and concurred in as amended

  40. Oct 18, 2011 · Senate

    Ordered immediately messaged

  41. Oct 20, 2011 · Assembly

    Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  42. Oct 25, 2011 · Assembly

    Senate amendment 1 concurred in

  43. Oct 25, 2011 · Assembly

    Action ordered immediately messaged

  44. Nov 1, 2011 · Assembly

    Report correctly enrolled

  45. Nov 23, 2011 · Assembly

    Presented to the Governor on 11-22-2011

  46. Nov 23, 2011 · Assembly

    Report approved by the Governor on 11-23-2011. 2011 Wisconsin Act 87

  47. Nov 29, 2011 · Assembly

    Published 12-8-2011