AB686: Bill Text

AB686,33 Section 33. 295.53 (4) (a) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

AB686,13,2 295.53 (4) (a) The department shall prepare an environmental impact statement for every application for a mining permit. In preparing the environmental impact statement, the department shall comply with s. 1.11 (2) and s. NR 150.22 150.30 (2), Wis. Adm. Code.

Note: Changes a cross-reference consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.

AB686,34 Section 34. 295.53 (4) (e) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

AB686,13,21 295.53 (4) (e) The department shall conduct its environmental review process jointly with any federal or local agency that consents to a joint environmental review process. The department may adopt any environmental analysis prepared by another state agency or by a federal or local agency. The department may enter into a written agreement with any of those agencies that have a major responsibility related to or that are significantly affected by the proposed mining. In the written agreement, the parties shall define the responsibility of each agency in the development of a single environmental impact statement on the proposed mining and outline the procedures to be used in the regulatory process. The department shall be the lead agency for any environmental review process involving other state agencies. To the extent that any federal or local agency's environmental review process conflicts with the provisions of this section or s. 295.57, the department shall follow the provisions of this section and s. 295.57 and may only coordinate its environmental review to the extent consistent with the provisions of this section and s. 295.57. The department shall comment on any federal agency's environmental assessment or environmental impact statement associated with a mining project in accordance with s. NR 150.30 150.40, Wis. Adm. Code.

Note: Changes a cross-reference consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.

AB686,35 Section 35. 295.53 (5) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

AB686,14,11 295.53 (5) Relationship to other laws. This section and s. 295.57 govern the department's obligations under ss. 1.11 and 1.12 with respect to a mining project. Sections 23.11 (5) and 23.40 and ss. NR 2.085, 2.09, and 2.157, Wis. Adm. Code, do not apply with respect to a mining project. The rest of ch. NR 2, Wis. Adm. Code, only applies with respect to a mining project to the extent that it does not conflict with this section and s. 295.57. Sections NR 150.24 and 150.25 150.30 (1) (g) and 150.35, Wis. Adm. Code, do not apply with respect to a mining project. The rest of ch. NR 150, Wis. Adm. Code, only applies with respect to a mining project to the extent that it does not conflict with this section and s. 295.57.

Note: Changes cross-references consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.

AB686,36 Section 36. 321.62 (3) of the statutes is amended to read:

AB686,14,19 321.62 (3) Effect on rights under a written agreement. This section does not prevent the modification, termination, or cancelation cancellation of any contract, lease, bailment, or secured obligation, or the repossession, retention, foreclosure, sale, or forfeiture of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment under a written agreement of the parties if that agreement is executed during or after the period of state active duty.

Note: Inserts preferred spelling.

AB686,37 Section 37. The treatment of 341.14 (6r) (b) 9. b. of the statutes by 2013 Wisconsin Act 163 is not repealed by 2013 Wisconsin Act 188. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (b) 9. b. reads:

b. A fee of $15 shall be charged for the issuance or reissuance of a plate for a special group specified under par. (f) 15m. to 15q. or 62. All moneys received under this subd. 9. b. in excess of the initial costs of production of the special group plate under par. (f) 15m., 2011 stats., or $23,700, whichever is less, shall be deposited in the veterans trust fund.

AB686,38 Section 38. The treatment of 341.14 (6r) (c) of the statutes by 2013 Wisconsin Act 188 is not repealed by 2013 Wisconsin Act 266. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (c) reads as follows. See also Section 82 of this bill.

(c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. Except as provided in this paragraph, the department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special groups under par. (f) 50. and 59., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61r., the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Special group plates issued under par. (f) 62. shall display the words "In God We Trust". The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61m. shall display a logo or image of the lion associated with the Lions Clubs International. Special group plates under par. (f) 61r. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words "share the road" on the bottom portion of the plates. Special group plates under par. (f) 63. shall display the words "Trout Unlimited." Notwithstanding par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and design that was specified by the department for special group plates under par. (f) 33. and 48., respectively, immediately prior to January 1, 2007. The design for special group plates under par. (f) 33. and 48. shall be different from the design of special group plates under par. (f) 33m. and 48m., respectively.

AB686,39 Section 39. 341.14 (6r) (fm) 7. of the statutes, as affected by 2013 Wisconsin Acts 163, 188, 266 and 275, is amended to read:

AB686,16,7 341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 15m., 15n., 15o., 15p., 15q., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., 61r., and 62., and 63., and 64.

Note: Corrects punctuation. See also Section 82 of this bill.

AB686,40 Section 40. The treatment of 348.07 (4) of the statutes by 2013 Wisconsin Act 99 is not repealed by 2013 Wisconsin Act 220. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 348.07 (4) reads:

(4) The secretary shall, by rule, designate the highways to which sub. (2) (f), (fm), (gm), and (gr) and s. 348.08 (1) (a) 2. and (e) apply. The designation of highways under this subsection may not be inconsistent with the designation of highways made by the U.S. secretary of transportation under P.L. 97-424, section 411. The secretary may also designate additional highways by rule. In adopting a rule designating other highways, which may include 2-lane highways, the secretary shall specify the factors which resulted in the determination to designate the highways. These factors shall include, but are not limited to, safety, economics, energy savings, industry productivity and competition. Vehicles to which sub. (2) (f), (fm), (gm), and (gr) and s. 348.08 (1) (a) 2. and (e) apply may also operate on highways not designated under this subsection for a distance of 15 miles or less in order to obtain access to a highway designated under this subsection or to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The secretary may, by rule, designate an access route of more than 15 miles from a highway designated under this subsection when the longer route provides safer and better access to a location which is within the 15-mile limit. Household goods carriers may operate between highways designated under this subsection and points of loading and unloading.

AB686,41 Section 41. 348.08 (1) (c) (intro.) of the statutes is amended to read:

AB686,17,2 348.08 (1) (c) (intro.) Tour trains, as defined in s. 340.01 (67m), may, without such permit, be drawn by a motor vehicle upon and along county and municipal roads and streets and across state trunk highways, and upon and along state trunk highways where there are no alternate municipal or county routes or streets for such operation. The following requirements and restrictions shall apply to tour train operations:

Note: Removes unnecessary cross-references. Under s. 340.01 (intro.), all definitions in ch. 340 are applicable to ch. 348. See also Section 83 of this bill.

AB686,42 Section 42. 349.13 (1m) (a) of the statutes, as affected by 2013 Wisconsin Acts 326, 327 and 359, is amended to read:

AB686,17,18 349.13 (1m) (a) In addition to the requirements under s. 346.503 (1m), the department, with respect to state trunk highways outside of corporate limits and parking facilities under its jurisdiction, and local authorities, with respect to highways under their jurisdiction including state trunk highways or connecting highways within corporate limits and parking facilities within corporate limits, may, by official traffic signs indicating the restriction, prohibit parking, stopping or standing upon any portion of a street, highway or parking facility reserved for any vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or a motor vehicle upon which a special identification card issued under s. 343.51 is displayed or any vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person. Any person who violates a prohibition established under this subsection paragraph shall forfeit not less than $150 nor more than $300.

Note: Inserts correct cross-reference. 2013 Wis. Act 327 renumbered s. 349.13 (1m) to be s. 349.13 (1m) (a). 2013 Wis. Act 326 established a penalty for violations of s. 349.13 (1m). The 2 acts did not take account of each other.

AB686,43 Section 43. The treatment of 440.62 (3) (ar) 2. of the statutes by 2013 Wisconsin Act 205 is not repealed by 2013 Wisconsin Act 356. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 440.62 (3) (ar) 2. reads:

2. Requires as a prerequisite to graduation completion of a course of instruction in cosmetology of at least 1,550 training hours in not less than 10 months.

AB686,44 Section 44. The treatment of 441.04 of the statutes by 2013 Wisconsin Act 114 is not repealed by 2013 Wisconsin Act 124. Both treatments stand.

Note: There is no conflict of substance. 2013 Wis. Act 114, section 4, renumbered s. 441.04 to be s. 441.06 (1) (a) to (d). As merged by the legislative reference bureau, s. 441.06 (1) (a) to (d), except 441.04 (1) (b), (c), and (d), which are amended by the next section of this bill, read:

(a) The applicant graduates from a high school or its equivalent as determined by the board.

AB686,45 Section 45. 441.06 (1) (b), (c) and (d) of the statutes, as affected by 2013 Wisconsin Act 114, section 4, and 2013 Wisconsin Act 124, section 28, are amended to read:

AB686,18,7 441.06 (1) (b) The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.

AB686,18,12 (c) The applicant holds a diploma of graduation from a school of nursing approved by the board or that the board has authorized to admit students pending approval, and, if that school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation;.

AB686,18,13 (d) The applicant pays the fee specified in s. 440.05 (1), that person.

Note: Deletes unnecessary language inserted by 2013 Wis. Act 124 but rendered without effect by the treatment by 2013 Wis. Act 114. Inserts a serial comma, consistent with current style.

AB686,46 Section 46. The treatment of 441.10 (1) of the statutes by 2013 Wisconsin Act 114 is not repealed by 2013 Wisconsin Act 124. Both treatments stand.

Note: There is no conflict of substance. 2013 Wis. Act 114, section 9, renumbered s. 441.10 (1) to be s. 441.10 (3) (a) 1. to 5. and (ag). As merged by the legislative reference bureau, s. 441.10 (3) (a) 1. to 5. and (ag), except 441.10 (3) (a) 2. to 5., which are amended by section 47 of this bill, read:

1. The applicant is 18 years of age or older.

(ag) Any school for licensed practical nurses, in order to be approved by the board, must offer a course of not less than 9 months.

AB686,47 Section 47 . 441.10 (3) (a) 2., 3., 4. and 5. of the statutes, as affected by 2013 Wisconsin Act 114, section 9, and 2013 Wisconsin Act 124, section 30, are amended to read:

AB686,19,5 441.10 (3) (a) 2. The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.

AB686,19,7 3. The applicant has completed 2 years of high school or its equivalent as determined by the board,.

AB686,19,10 4. The applicant holds a diploma of graduation from a school for licensed practical nurses approved by the board or that the board has authorized to admit students pending approval;.

AB686,19,11 5. The applicant pays the fee specified in s. 440.05 (1) that person.

Note: Deletes unnecessary language inserted by 2013 Wis. Act 124 but rendered without effect by the treatment by 2013 Wis. Act 114. Inserts a serial comma, consistent with current style.

AB686,48 Section 48. The treatment of 450.19 (2) (b) of the statutes by 2013 Wisconsin Act 124 is not repealed by 2013 Wisconsin Act 199. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 450.19 (2) (b) reads:

(b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm). In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.

AB686,49 Section 49. The treatment of 452.01 (4) of the statutes by 2013 Wisconsin Act 124 is not repealed by 2013 Wisconsin Act 288. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 452.01 (4) reads:

(4) "Disciplinary proceeding" means a proceeding against one or more licensees or registrants in which the board may revoke, suspend, or limit a license or registration, reprimand a licensee or registrant, or assess a forfeiture or require education or training under s. 452.14 (4m) or (4r).

AB686,50 Section 50. The treatment of 454.23 (2) (d) of the statutes by 2013 Wisconsin Act 205 is not repealed by 2013 Wisconsin Act 356. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 454.23 (2) (d) reads:

(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.

AB686,51 Section 51. The treatment of 454.26 (2) of the statutes by 2013 Wisconsin Act 205 is not repealed by 2013 Wisconsin Act 356. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 454.26 (2) reads:

(2) An apprentice in barbering shall receive at least 1,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not more than 4 years.

AB686,52 Section 52. The treatment of 813.12 (3) (c) of the statutes by 2013 Wisconsin Act 321 is not repealed by 2013 Wisconsin Act 322. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 813.12 (3) (c) reads:

(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4), except that the court may extend the temporary restraining order under s. 813.1285. The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties, extended under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB686,53 Section 53. 813.12 (4) (d) 1. (intro.) of the statutes, as created by 2013 Wisconsin Act 311, is amended to read:

AB686,21,5 813.12 (4) (d) 1. (intro.) A judge or circuit court commissioner may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 10 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following are is true:

Note: Corrects grammar.

AB686,54 Section 54. The treatment of 813.122 (4) (c) of the statutes by 2013 Wisconsin Act 321 is not repealed by 2013 Wisconsin Act 322. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 813.122 (4) (c) reads:

(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (5), except that the court may extend the temporary restraining order under s. 813.1285. A judge shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties, extended under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB686,55 Section 55. 813.122 (5) (dm) 1. (intro.) of the statutes, as created by 2013 Wisconsin Act 311, is amended to read:

AB686,21,13 813.122 (5) (dm) 1. (intro.) A judge may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 5 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following are is true:

Note: Corrects grammar.

AB686,56 Section 56. The treatment of 813.123 (4) (c) of the statutes by 2013 Wisconsin Act 321 is not repealed by 2013 Wisconsin Act 322. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 813.123 (4) (c) reads:

(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (5), except that the court may extend the temporary restraining order under s. 813.1285. A judge shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties, extended under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB686,57 Section 57. 813.123 (5) (d) 1. (intro.) of the statutes, as created by 2013 Wisconsin Act 311, is amended to read:

AB686,22,6 813.123 (5) (d) 1. (intro.) A judge may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 10 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following are is true:

Note: Corrects grammar.

AB686,58 Section 58. The treatment of 813.125 (3) (c) of the statutes by 2013 Wisconsin Act 321 is not repealed by 2013 Wisconsin Act 322. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 813.125 (3) (c) reads:

(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4), except that the court may extend the temporary restraining order under s. 813.1285. A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties, extended under s. 801.58 (2m), or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB686,59 Section 59. 813.125 (4) (d) 1. (intro.) of the statutes, as created by 2013 Wisconsin Act 311, is amended to read:

AB686,22,15 813.125 (4) (d) 1. (intro.) A judge or circuit court commissioner may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 10 years, if the court finds, by a preponderance of the evidence stated on the record, that any of the following are is true:

Note: Corrects grammar.

AB686,60 Section 60. Chapter 893 (title) of the statutes is amended to read:

AB686,23,2 Chapter 893