AB688: Bill Text

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2015 - 2016 LEGISLATURE

2015 Assembly BILL 688

January 12, 2016 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB688,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB688,1 Section 1. 54.52 (1) of the statutes is amended to read:

AB688,2,2 54.52 (1) A person may at any time bring a petition for the appointment of a standby guardian of the person or estate of an individual who is determined under s. 54.10 to be incompetent, a minor, or a spendthrift, except that, as specified in s. 48.97 48.978 a petition for the appointment of a standby guardian of the person or property or both of a minor to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the minor's parent may be brought under s. 48.978.

Note: Inserts correct cross-reference. Section 48.97 relates to adoption orders of other jurisdictions. Section 48.978 provides for the appointment or designation of a standby guardian of a child.

AB688,2 Section 2. 71.10 (5) (b) 3. of the statutes is amended to read:

AB688,2,7 71.10 (5) (b) 3. `Designation deducted from refund.' Except as provided under par. (d), if the individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80 (3), the department of revenue shall deduct the amount designated on the return for the endangered resources program from the amount of the refund.

Note: Inserts comma to conform punctuation with all other subdivisions in ch. 71 titled "Designation deducted from refund." "Of revenue" is removed as unnecessary. For purposes of chapter 71, "department" is defined as the department of revenue.

AB688,3 Section 3. 103.05 (6) of the statutes is repealed.

Note: Deletes an obsolete provision. Section 103.05 (6) provides for the publication of a notice if certain action was taken before January 1, 1998, and has no current effect.

AB688,4 Section 4. 106.04 (1) (intro.) and (d) of the statutes are consolidated, renumbered 106.04 (1) and amended to read:

AB688,2,14 106.04 (1) Definitions Definition. In this section: (d) "Project", "project" means a project of public works that is subject to s. 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

Note: Section 106.04 (1) contains one definition and does not require subdivision.

AB688,5 Section 5. 108.062 (19) of the statutes is amended to read:

AB688,3,4 108.062 (19) Secretary may waive compliance. The secretary may waive compliance with any requirement under this section if the secretary determines that waiver of the requirement is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act, for maximum credit allowances to employers under the federal Employment Unemployment Tax Act, or for this state to qualify for full federal financial participation in the cost of administration of this section and financing of benefits to employees participating in work-share programs under this section.

Note: Inserts correct name of federal act consistent with the term used in the remainder of ch. 108. There is no federal Employment Tax Act.

AB688,6 Section 6. 165.70 (1) (b) of the statutes is amended to read:

AB688,3,9 165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to 941.27, 941.26, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, and 948.08.

Note: Corrects cross-reference to reflect the renumbering of s. 941.27 by this bill.

AB688,7 Section 7. 175.49 (1) (h) of the statutes is amended to read:

AB688,3,11 175.49 (1) (h) "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 by this bill.

AB688,8 Section 8. 175.60 (1) (bm) of the statutes is amended to read:

AB688,3,18 175.60 (1) (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 941.25 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

Note: Amends cross-reference to reflect the renumbering of s. 941.27 by this bill.

AB688,9 Section 9. 238.05 of the statutes is repealed.

Note: Deletes an obsolete transition provision requiring the former Department of Commerce to cooperate with the Wisconsin Economic Development Corporation.

AB688,10 Section 10. 343.165 (1) (intro.), (4) (a), (5) and (7) (a) 2. and (b) of the statutes are amended to read:

AB688,4,10 343.165 (1) (intro.) Subject to ss. 343.14 (3m) and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

AB688,4,20 (4) (a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, if in connection with a prior application after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

AB688,5,4 (5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards, received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.

AB688,5,9 (7) (a) 2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect immediately prior to the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013.

AB688,5,16 (b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b) January 1, 2013, of operator's licenses or identification cards originally issued prior to the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register 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 Section 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 Section 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.

AB688,13 Section 13. 450.115 (3) (b) of the statutes, as created by 2013 Wisconsin Act 198, is amended to read:

AB688,6,4 450.115 (3) (b) A personal representative or a trustee may grant written authorization to an adult beneficiary, as defined in s. 701.20 (2) (b) 701.1102 (1m), of the estate or trust for the disposal of a prescription drug that belongs to the estate or 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 Section 14. 938.357 (2m) (bv) (title) of the statutes is created to read:

AB688,6,6 938.357 (2m) (bv) (title) Juvenile placed in extended out-of-home care.

Note: The other paragraphs in s. 938.357 (2m) have titles.

AB688,15 Section 15. 941.21 of the statutes is amended to read:

AB688,6,14 941.21 Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1) (1g) (b) or (4) (a) from the officer without his or her consent is guilty of a Class H felony. This section applies to any dangerous weapon or any device or container described under s. 941.26 (1) (1g) (b) or (4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.

Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this bill.

AB688,16 Section 16. 941.23 (1) (f) of the statutes is amended to read:

AB688,6,16 941.23 (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 Section 17. 941.25 of the statutes is renumbered 941.25 (2) and amended to read:

AB688,7,9 941.25 (2) Every manufacturer shall keep a register of all machine guns manufactured or handled by him or her. This register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery , or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect his or her entire stock of machine guns, parts, and supplies therefor, and shall produce the register required under this section subsection for inspection. Whoever violates any provision 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 Section 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 Section 19 . 941.26 (1c) of the statutes is created to read:

AB688,7,13 941.26 (1c) In this section, "machine gun" has the meaning given in s. 941.25 (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 Section 20. 941.26 (2) (a) of the statutes is amended to read:

AB688,7,15 941.26 (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 Section 21. 941.26 (2) (c) of the statutes is amended to read:

AB688,7,20 941.26 (2) (c) Except as provided in par. (d), any person who violates sub. (1) (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1) (1g) (b) is guilty of a Class A misdemeanor.

Note: Amends cross-reference to reflect the renumbering of s. 941.26 (1) by this bill.

AB688,22 Section 22. 941.26 (2) (d) of the statutes is amended to read:

AB688,8,5 941.26 (2) (d) Any person who violates sub. (1) (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1) (1g) (b) in self-defense or defense of another, as allowed under 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 Section 23. 941.26 (2) (e) of the statutes is amended to read:

AB688,8,9 941.26 (2) (e) Any person who violates sub. (1) (1g) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell, or container under sub. (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 Section 24. 941.26 (2) (f) of the statutes is amended to read:

AB688,8,14 941.26 (2) (f) Any person who violates sub. (1) (1g) (b) regarding the use of the bomb, grenade, projectile, shell or container under sub. (1) (1g) (b) to cause bodily harm or bodily discomfort to a person who the actor knows, or has reason to know, is 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.