AB688,4,103
343.165
(1) (intro.) Subject to ss. 343.14 (3m) and 343.50 (4g), the department
4may not complete the processing of an application for initial issuance or renewal of
5an operator's license or identification card received by the department after
the date
6stated in the notice provided by the secretary of transportation and published in the
7Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, and no
8such license or identification card may be issued or renewed, unless the applicant
9presents or provides, and, subject to sub. (7), the department verifies under sub. (3),
10all of the following information:
AB688,4,20
11(4) (a) Subsection (1) does not apply to an application for renewal of an
12operator's license or identification card received by the department after
the date
13stated in the notice provided by the secretary of transportation and published in the
14Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, if in
15connection with a prior application after
the date stated in the notice provided by the
16secretary of transportation and published in the Wisconsin Administrative Register
17under s. 85.515 (2) (b) January 1, 2013, the applicant previously presented or
18provided, and the department verified under sub. (3) or (7), the information specified
19in sub. (1) and, if verified under sub. (3), the department recorded the date on which
20the verification procedures were completed as described in sub. (2) (b).
AB688,5,4
21(5) The department may, by rule, require that applications for reinstatement
22of operator's licenses or identification cards, issuance of occupational licenses,
23reissuance of operator's licenses, or issuance of duplicate operator's licenses or
24identification cards, received by the department after
the date stated in the notice
25provided by the secretary of transportation and published in the Wisconsin
1Administrative Register under s. 85.515 (2) (b) January 1, 2013, be processed in a
2manner consistent with the requirements established under this section for
3applications for initial issuance or renewal of operator's licenses and identification
4cards.
AB688,5,9
5(7) (a) 2. The operator's license or identification card is processed and issued
6or renewed in compliance with applicable department practices and procedures that
7were in effect immediately prior to
the date stated in the notice provided by the
8secretary of transportation and published in the Wisconsin Administrative Register
9under s. 85.515 (2) (b) January 1, 2013.
AB688,5,1610
(b) In addition to other instances of original issuance or renewal, this
11subsection specifically applies to renewals occurring after
the date stated in the
12notice provided by the secretary of transportation and published in the Wisconsin
13Administrative Register under s. 85.515 (2) (b) January 1, 2013, of operator's licenses
14or identification cards originally issued prior to
the date stated in the notice provided
15by the secretary of transportation and published in the Wisconsin Administrative
16Register under s. 85.515 (2) (b) January 1, 2013.
Note: The secretary of transportation published in Register Nov. 30, 2012, No. 683,
the notice under s. 85.515 (2) (b) stating January 1, 2013, as the date referred to in s.
343.165.
AB688,11
17Section
11. 448.51 (2) (a) of the statutes is repealed.
Note: Repeals a definition of "advertisement" applicable to s. 448.51 (2).
"Advertisement" is not contained in s. 448.51 (2).
AB688,12
18Section
12. 448.51 (2) (b) of the statutes is renumbered 448.51 (2).
Note: With the repeal of s. 448.51 (2) (a) by this bill, s. 448.51 (2) does not have
multiple paragraphs.
AB688,6,4
1450.115
(3) (b) A personal representative or a trustee may grant written
2authorization to an adult beneficiary, as defined in s.
701.20 (2) (b) 701.1102 (1m),
3of the estate or trust for the disposal of a prescription drug that belongs to the estate
4or trust.
Note: Inserts correct cross-reference. Section 701.20 (2) (b) was renumbered to
s. 701.1102 (1m) by
2013 Wis. Act 92.
AB688,14
5Section
14. 938.357 (2m) (bv) (title) of the statutes is created to read:
AB688,6,66
938.357
(2m) (bv) (title)
Juvenile placed in extended out-of-home care.
Note: The other paragraphs in s. 938.357 (2m) have titles.
AB688,15
7Section
15. 941.21 of the statutes is amended to read:
AB688,6,14
8941.21 Disarming a peace officer. Whoever intentionally disarms a peace
9officer who is acting in his or her official capacity by taking a dangerous weapon or
10a device or container described under s. 941.26
(1)
(1g) (b) or (4) (a) from the officer
11without his or her consent is guilty of a Class H felony. This section applies to any
12dangerous weapon or any device or container described under s. 941.26
(1) (1g) (b)
13or (4) (a) that the officer is carrying or that is in an area within the officer's immediate
14presence.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,16
15Section
16. 941.23 (1) (f) of the statutes is amended to read:
AB688,6,1616
941.23
(1) (f) "Machine gun" has the meaning given in s.
941.27 941.25 (1).
Note: Amends cross-reference to reflect the renumbering of s. 941.27 (1) by this
bill.
AB688,17
17Section
17. 941.25 of the statutes is renumbered 941.25 (2) and amended to
18read:
AB688,7,919
941.25
(2) Every manufacturer shall keep a register of all machine guns
20manufactured or handled by him or her. This register shall show the model and
1serial number, date of manufacture, sale, loan, gift, delivery
, or receipt, of every
2machine gun, the name, address, and occupation of the person to whom the machine
3gun was sold, loaned, given
, or delivered, or from whom it was received; and the
4purpose for which it was acquired by the person to whom the machine gun was sold,
5loaned, given
, or delivered, or from whom received. Upon demand every
6manufacturer shall permit any marshal, sheriff
, or police officer to inspect his or her
7entire stock of machine guns, parts, and supplies therefor, and shall produce the
8register required under this
section subsection for inspection. Whoever violates any
9provision of this
section subsection is subject to a Class B forfeiture.
Note: Accommodates the renumbering of s. 941.27 (1) to s. 941.25 (1) by this bill.
AB688,18
10Section
18. 941.26 (1) of the statutes is renumbered 941.26 (1g).
Note: Accommodates the creation of s. 941.26 (1c) by this bill.
AB688,19
11Section
19
. 941.26 (1c) of the statutes is created to read:
AB688,7,1312
941.26
(1c) In this section, "machine gun" has the meaning given in s. 941.25
13(1).
Note: The definition of machine gun applicable to this section is renumbered from
s. 941.27 to s. 941.25 (1). This section creates a specific cross-reference to that definition
consistent with current style.
AB688,20
14Section
20. 941.26 (2) (a) of the statutes is amended to read:
AB688,7,1515
941.26
(2) (a) Any person violating sub.
(1) (1g) (a) is guilty of a Class H felony.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,21
16Section
21. 941.26 (2) (c) of the statutes is amended to read:
AB688,7,2017
941.26
(2) (c) Except as provided in par. (d), any person who violates sub.
(1) 18(1g) (b) regarding the possession, noncommercial transportation or use of the bomb,
19grenade, projectile, shell
, or container under sub.
(1) (1g) (b) is guilty of a Class A
20misdemeanor.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,22
1Section
22. 941.26 (2) (d) of the statutes is amended to read:
AB688,8,52
941.26
(2) (d) Any person who violates sub.
(1) (1g) (b) regarding the possession,
3noncommercial transportation or use of the bomb, grenade, projectile, shell
, or
4container under sub.
(1) (1g) (b) in self-defense or defense of another, as allowed
5under s. 939.48, is subject to a Class D forfeiture.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,23
6Section
23. 941.26 (2) (e) of the statutes is amended to read:
AB688,8,97
941.26
(2) (e) Any person who violates sub.
(1) (1g) (b) regarding the sale or
8commercial transportation of the bomb, grenade, projectile, shell
, or container under
9sub.
(1) (1g) (b) is guilty of a Class H felony.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,24
10Section
24. 941.26 (2) (f) of the statutes is amended to read:
AB688,8,1411
941.26
(2) (f) Any person who violates sub.
(1) (1g) (b) regarding the use of the
12bomb, grenade, projectile, shell or container under sub.
(1) (1g) (b) to cause bodily
13harm or bodily discomfort to a person who the actor knows, or has reason to know,
14is a peace officer who is acting in an official capacity is guilty of a Class H felony.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,25
15Section
25. 941.26 (2) (g) of the statutes is amended to read:
AB688,9,216
941.26
(2) (g) Any person who violates sub.
(1) (1g) (b) regarding the use of the
17bomb, grenade, projectile, shell or container under sub.
(1) (1g) (b) during his or her
18commission of another crime to cause bodily harm or bodily discomfort to another or
19who threatens to use the bomb, grenade, projectile, shell
, or container during his or
1her commission of another crime to incapacitate another person is guilty of a Class
2H felony.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,26
3Section
26. 941.26 (3) of the statutes is amended to read:
AB688,9,134
941.26
(3) This section does not apply to the sale, possession, modification, use
5or transportation of any weapons or containers under sub.
(1) (1g) or (1m) to or by
6any armed forces or national guard personnel in the line of duty, any civil
7enforcement officer of the state or of any city or county. This section does not apply
8to the sale, possession, modification, use
, or transportation of weapons under sub.
(1) 9(1g) (a) or (1m) to or by any person duly authorized by the chief of police of any city
10or the sheriff of any county. This section does not apply to the restoration of any
11weapon under sub.
(1) (1g) (a) or (1m) by a person having a license to collect firearms
12as curios or relics issued by the U.S. department of the treasury. The restriction on
13transportation contained in this section does not apply to common carriers.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,27
14Section
27. 941.26 (4) (a) of the statutes is amended to read:
AB688,9,1715
941.26
(4) (a) Subsections
(1) (1g) to (3) do not apply to any device or container
16that contains a combination of oleoresin of capsicum and inert ingredients but does
17not contain any other gas or substance that will cause bodily discomfort.
Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this
bill.
AB688,28
18Section
28
. 941.26 (5) of the statutes is created to read:
AB688,9,2119
941.26
(5) This section does not prohibit or interfere with the manufacture for,
20and sale of, machine guns to the military forces or the peace officers of the United
21States or of any political subdivision thereof, or the transportation required for that
1purpose; the possession of a machine gun for scientific purpose, or the possession of
2a machine gun not usable as a weapon and possessed as a curiosity, ornament, or
3keepsake; or the possession of a machine gun other than one adapted to use pistol
4cartridges for a purpose manifestly not aggressive or offensive.
Note: This provision recreates the language of s. 941.27 (2), which was applicable
to s. 941.25 and 941.26, except to make it applicable only to s. 941.26 and to replace "shall
not" with "does not" in the first sentence, consistent with current style. Section 941.27
(2) is renumbered s. 941.25 (3) and amended so as to be applicable only to s. 941.25. See
Section 31 of this bill.
AB688,29
5Section
29. 941.27 (title) of the statutes is repealed.
Note: The remainder of s. 941.27 is renumbered to s. 941.25 (1) and (3).
AB688,30
6Section
30
. 941.27 (1) of the statutes is renumbered 941.25 (1), and 941.25 (1)
7(intro.), as renumbered, is amended to read:
AB688,10,98
941.25
(1) Definition. (intro.) In
ss. 941.25 and 941.26 this section, "machine
9gun" means any of the following:
Note: Renumbers a provision for more logical placement and consistency with
current style. Section 941.27 (1) contains a definition applicable to ss. 941.25 and 941.26.
This bill makes the definition a part of each of ss. 941.25 and 941.26, removing the need
for a separate provision in s. 941.27. Section 941.25 does not contain subsection titles.
See also Section 19 of this bill.
AB688,31
10Section
31
. 941.27 (2) of the statutes is renumbered 941.25 (3) and amended
11to read:
AB688,10,1912
941.25
(3) Exceptions. Sections 941.25 and 941.26 shall This section does not
13prohibit or interfere with the manufacture for, and sale of, machine guns to the
14military forces or the peace officers of the United States or of any political subdivision
15thereof, or the transportation required for that purpose; the possession of a machine
16gun for scientific purpose, or the possession of a machine gun not usable as a weapon
17and possessed as a curiosity, ornament
, or keepsake; or the possession of a machine
18gun other than one adapted to use pistol cartridges for a purpose manifestly not
19aggressive or offensive.
Note: Renumbers provision for more logical placement and consistency with
current style. Section 941.27 (2) provides exceptions to ss. 941.25 and 941.26. This bill
makes the exceptions a part of each of ss. 941.25 and 941.26, removing the need for a
separate provision in s. 941.27. This provision also replaces "shall not" with "does not"
in the first sentence, consistent with current style. Section 941.25 does not contain
subsection titles. Identical language is recreated in s. 941.26. See also Section 28 of this
bill.
AB688,32
1Section
32. The treatment of NR 146.01 of the administrative code by CR
213-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.01 reads:
NR 146.01 Purpose and applicability. (1) Purpose. This chapter is
promulgated under chs. 280 and 281, Stats. The purpose of this chapter is to establish
the criteria by which the department administers the water well driller, heat exchange
driller, and pump installer licensing and registration program and water well and heat
exchange drilling rig operator registration program required by ch. 280, Stats., and the
licensing requirements for: filling and sealing potable and nonpotable water supply wells;
and locating or evaluating wells that need to be filled and sealed, and locating or
evaluating water supply wells and pressure systems at time of property transfer.
(2) Applicability. This chapter applies to any individual or person engaging in,
or intending to engage in the business of water well drilling, heat exchange drilling, pump
installing, filling and sealing of potable and nonpotable water supply wells, and locating
or evaluating wells or drillholes that need to be filled and sealed, or locating or evaluating
water supply wells and pressure systems at time of property transfer in the state of
Wisconsin. The license requirements of this chapter do not apply to water well drilling
or pump installing activities involving a well supplying water which is not used for, or is
not intended to be used for, human consumption or for the washing or preparation of food
or pharmaceutical products.
AB688,33
3Section
33. The treatment of NR 146.02 (3) of the administrative code by CR
413-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.02 (3) reads:
(3) "Direct supervision" means actual physical presence and supervision by a
Wisconsin licensed individual water well driller during all water well drilling activities,
by a Wisconsin licensed individual heat exchange driller during all heat exchange drilling
activities, or by a Wisconsin licensed individual pump installer during all pump installing
activities.
AB688,34
5Section
34. The treatment of NR 146.02 (7m) of the administrative code by CR
613-096 is not repealed by CR 13-099, section 14. Both treatments stand.
Note: Section NR 146.02 (7m), as created by CR 13-096, and 146.02 (7g), as
created by CR 13-099, section 14, are substantively identical except for the inclusion of
"heat exchange drilling" in CR 13-096. There is no conflicting language or punctuation
in the 2 provisions. Section NR 146.02 (7m), as created by CR 13-096, was renumbered
s. NR 146.02 (7g) by the legislative reference bureau under s. 13.92 (4) (b) 7. and the two
provisions were merged under s. 13.92 (4) (bm). As merged by the legislative reference
bureau, s. NR 146.02 (7g) reads:
(7g) "Under the supervision" means employed by a licensed individual or by a
registered person, employing or contracting with a licensed supervisory individual, who
is legally and financially responsible for compliance with all applicable laws and rules
and any plans, specifications, variances and approvals approved by the department, and
who has advance and specific knowledge of water well drilling, heat exchange drilling,
pump installing, or well filling and sealing activities.
AB688,35
1Section
35. The treatments of NR 146.03 (1) and (3) of the administrative code
2by CR 13-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.03 (1) and (3) read:
(1) Required. No individual or person may engage in the business of water well
drilling, heat exchange drilling, pump installing or filling and sealing, or property
transfer well inspections, or hold himself, herself or itself out as or act temporarily or
otherwise as a water well driller, heat exchange driller, or pump installer or well or
drillhole filler and sealer, or property transfer well inspector in the state of Wisconsin
without first obtaining either a water well driller, heat exchange driller, or pump installer
license or a water well driller, heat exchange driller, or pump installer registration from
the department.
(3) Performance standards. All water well drilling, heat exchange drilling, pump
installing, filling and sealing and property transfer well inspections shall comply with the
applicable laws and rules and with any plans, specifications, variances, and approvals
approved by the department.
AB688,36
3Section
36. The treatments of NR 146.04 (1) (a) and (d) of the administrative
4code by CR 13-096 are not repealed by CR 13-099. All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.04 (1) (a) and (d) read:
(a) All new license and registration applications shall be submitted on forms
specified by the department for this purpose. An applicant for a water well drilling rig
operator registration shall be at least 18 years old. An applicant for an individual water
well driller license shall be at least 20 years old. An applicant for a heat exchange drilling
rig operator registration shall be at least 18 years old. An applicant for an individual heat
exchange driller license shall be at least 20 years old.
(d) The license or registration shall be effective on the date the license or
registration is issued by the department and expires on December 31 of each year.
Licensees and registrants shall inform the department no later than 15 business days
after any changes in the information on the application submitted to the department,
including any change in status or ability of the licensed supervisory individual water well
driller, licensed individual supervisory heat exchange driller or licensed supervisory
individual pump installer to perform their supervisory responsibilities.
AB688,37
5Section
37. The treatment of NR 146.05 (1) of the administrative code by CR
613-096 is not repealed by CR 13-099. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.05 (1) reads:
(1) The department may condition a license, registration, or renewal issued under
this chapter based on the experience, qualifications, equipment and compliance history
of the applicant or of the licensed supervisory individual or of the licensed individual
supervisory driller. Conditions which may be imposed by the department include
restriction of water well drilling or heat exchange drilling to specific methods, equipment,
or geologic formations, or advance notification to the department of drilling, pump
installing, well filling and sealing or property transfer well inspection activities.
AB688,38
1Section
38. The treatments of NR 146.07 (1) (a), (b) and (h) and (3) of the
2administrative code by CR 13-096 are not repealed by CR 13-099. All treatments
3stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, as required under s. 13.92 (4) (bm), s. NR 146.07 (1) (a), (b), and (h), and (3) read:
(a) To renew a license or registration, the licensee or registrant shall submit a true
and complete renewal application to the department on or before January 1 of each year.
The department may require that proof of compliance with continuing education credit
requirements under sub. (3) be submitted with the renewal application.