AB686: Bill Text

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 of the statutes by 2013 Wisconsin Act 205 is not repealed by 2013 Wisconsin Act 356.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 The treatment of 441.04 of the statutes by 2013 Wisconsin Act 114 is not repealed by 2013 Wisconsin Act 124.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 The treatment of 441.10 (1) of the statutes by 2013 Wisconsin Act 114 is not repealed by 2013 Wisconsin Act 124.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

AB686,23,6 LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS

Note: Replaces "and" with a semicolon for improved readability.

AB686,61 Section 61. The treatment of 895.52 (1) (g) of the statutes by 2013 Wisconsin Act 269 is not repealed by 2013 Wisconsin Act 318. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 895.52 (1) (g) reads:

(g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under s. 23.115, recreational aviation, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

AB686,62 Section 62. The treatment of 895.525 (2) of the statutes by 2013 Wisconsin Act 269 is not repealed by 2013 Wisconsin Act 318. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 895.525 (2) (intro.) and (b), as renumbered and amended from s. 895.525 (2) by Act 269, read:

(2) Definitions. In this section:

(b) "Recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" does not include participating in a snow sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, recreational aviation, as defined in s. 895.52 (1) (hm), ballooning, curling, throwing darts, hang gliding, hiking, sleigh riding, snowmobiling, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting, and participating in a snow sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.

AB686,63 Section 63. 895.59 (title) of the statutes is repealed.

Note: Eliminates extraneous title. All of the substantive provisions of s. 895.59 were renumbered to another section or repealed by 2013 Wis. Act 296, but the title was not treated.

AB686,64 Section 64. 938.355 (6d) (a) 2r. of the statutes, as created by 2013 Wisconsin Act 334, is amended to read:

AB686,24,6 938.355 (6d) (a) 2r. A juvenile who is subject to an order under this section or s. 938.357 or 938.365 that terminates as provided in sub. (4) (am) 4. or s. 938.357 (6) (a) 4. or 938.365 (5) (b) 4. may not be taken into custody under subd. 1. or 2.

Note: Inserts missing subsection number in cross-reference consistent with the remainder of 2013 Wis. Act 334. See also Section 83 of this bill.

AB686,65 Section 65. 946.91 (3) (b) of the statutes, as affected by 2013 Wisconsin Act 226, section 19, is amended to read:

AB686,24,17 946.91 (3) (b) Whoever offers or pays provides, directly, indirectly, overtly, or covertly, money, goods, services, or any other thing of value to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Medical Assistance, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under Medical Assistance, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000.

Note: Deletes unnecessary word. 2013 Wis. Act 226 inserted "provides" without removing "pays," leaving 2 verbs. The change is consistent with the treatment of identical language in s. 946.90 (4) (b) by Act 226, section 7.

AB686,66 Section 66 . 2013 Wisconsin Act 123, section 4 is amended by replacing "or more (ar)." with "or more.".

Note: Removes language stricken by the Act 123 treatment of s. 230.34 (1) (ar) that did not exist at the time of enactment of Act 123 due to the fact that 2013 Wis. Act 20, section 2365m, changed the effective date of the insertion of "(ar)" by 2011 Wis. Act 32, section 2766, from 7-1-13 to 7-1-15.

AB686,67 Section 67. 2013 Wisconsin Act 158, section 14 is amended by replacing "51.20 (7) and (8) (b) and (bm) of the statutes are amended to read:" with "51.20 (7) (a) and (8) (b) and (bm) of the statutes are amended to read:".

Note: 2013 Wis. Act 158 treats s. 51.20 (7) (a), not the entire subsection.

AB686,68 Section 68. 2013 Wisconsin Act 165, section 29 is amended by replacing "as affected by 2011 Wisconsin Acts 181 and 285," with "as affected by 2011 Wisconsin Acts 181 and 258,".

Note: Corrects transposed number.

AB686,69 Section 69. 2013 Wisconsin Act 173, section 13 is amended by replacing "as affected by 2013 Wisconsin Act 20" with "as affected by 2013 Wisconsin Act 11".

Note: The incorrect act number was shown.

AB686,70 Section 70. 2013 Wisconsin Act 189, section 33 is amended by replacing "VA 6.01 (3) (a) of the administrative code is renumbered VA 6.01 (3) (a) (intro.)" with "VA 6.01 (3) of the administrative code is renumbered VA 6.01 (3) (a) (intro.)".

Note: Prior to 2013 Wis. Act 189, section VA 6.01 (3) was not divided into paragraphs; paragraph (a) was added as the result of the treatment by Act 189.

AB686,71 Section 71. 2013 Wisconsin Act 189, section 69 is amended by replacing "crime,; or for" with "crime, ; or for".

Note: Correctly shows strikes and scores. A preexisting comma that was to be replaced was shown as underscored and an inserted semicolon was shown as plain text rather than underscored.