AB409: Bill Text

LRB-2506/4

MGG:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 409

May 10, 2005 - Introduced by Representatives Pettis, Gunderson, Musser, Ainsworth, Albers, Hahn, Hines, Kestell, Kreibich, Pridemore, Townsend, Bies, Lothian and Shilling, cosponsored by Senators Stepp and Grothman. Referred to Committee on Natural Resources.

AB409,1,12 An Act to amend 23.33 (3) (c), 23.50 (1), 23.62 (2), 23.65 (1), 29.011 (2), 29.921 (5), 29.924 (1), 29.924 (2), 29.924 (3), 29.924 (4), 29.931 (1), 29.931 (2) (a), 29.931 (2) (b), 29.934 (1) (a), 29.934 (2) and 350.10 (1) (f); and to create 23.86, 29.921 (4m), 814.75 (17m), 814.77 (10m), 814.80 (13m) and 943.13 (3g) of the statutes; relating to: the authority of the Department of Natural Resources to enforce certain violations of the trespass law; revocation, suspension, and denial of certain approvals and privileges relating to wild animals and plants for certain violations of the trespass law; the imposition of a surcharge on a forfeiture for certain violations of the trespass law; service outside the state of forfeiture citations issued for violations of certain natural resources laws; title to wild animals; operation of snowmobiles and all-terrain vehicles on land without permission; and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law grants the Department of Natural Resources (DNR) and its wardens enforcement authority to enforce fish and game laws, laws relating to boating and snowmobiling, other conservation laws, and certain other laws relating to the use of dangerous weapons regardless of where the violations of any of these laws are committed. This bill expands this authority to cover violations of the land trespass law when the trespass is committed by a person engaged in an activity that involves hunting, fishing, trapping, cutting timber, snowmobiling, and other outdoor recreational or natural resources activities regulated by laws administered by DNR (natural resources activities).

For a violation of the trespass law while a person is engaged in natural resource activities, the bill authorizes a court to revoke or suspend for up to three years all hunting, fishing, and trapping licenses issued to the violator and all other approvals issued to, and privileges enjoyed by, the violator that relate to the wild animals found in the wild and wild plants and that relate to the hunting and trapping of captive wildlife. The bill requires a court to revoke all of these licenses, approvals and privileges, and prohibit the issuance of such licenses and approvals, for a period of five years if the violator is convicted of a crime that was committed at the same time as the trespass violation.

The bill requires a court to impose a surcharge for a trespass violation that is committed by a person engaged in natural resource activities. The surcharge imposed equals 35 percent of the amount of the forfeiture for the trespass violation. Under the bill, the surcharge is used for certain DNR enforcement activities.

The bill expands the prohibition under the laws regulating the operation of all-terrain vehicles and snowmobiles on land without the consent of the owner or lessee to include all land, not just private land.

Finally, the bill allows the service by mail of citations to persons outside the state for violations of certain natural resources laws.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB409, s. 1 Section 1. 23.33 (3) (c) of the statutes is amended to read:

AB409,2,4 23.33 (3) (c) On the private property of another without the consent of the owner or lessee. Failure to post private such property does not imply consent for all-terrain vehicle use.

AB409, s. 2 Section 2. 23.50 (1) of the statutes is amended to read:

AB409,3,9 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c), and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 285.86, violations of s. 943.13 pursuant to s. 29.921 (4m), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB409, s. 3 Section 3. 23.62 (2) of the statutes is amended to read:

AB409,3,16 23.62 (2) A citation may be issued or served anywhere in the state by delivering a copy to the defendant personally or it shall be served by leaving a copy at the defendant's usual place of abode with a person of discretion residing therein or by mailing a copy to the defendant's last-known address. A citation may be issued or served outside the state by mailing a copy to the defendant's last-known address. It shall be issued or served by a law enforcement officer.

AB409, s. 4 Section 4. 23.65 (1) of the statutes is amended to read:

AB409,3,24 23.65 (1) When it appears to the district attorney that a violation of s. 90.21, 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) , and (4), 287.07, 287.08, 287.81, or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto, a violation specified under s. 285.86, violations of s. 943.13 pursuant to s. 29.921 (4m), or a violation of ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.

AB409, s. 5 Section 5. 23.86 of the statutes is created to read:

AB409,4,5 23.86 Natural resources trespass surcharge. (1) Levy of natural resources trespass surcharge. (a) If a court imposes a forfeiture for a violation of s. 943.13 that a person commits while engaged in an activity regulated under this chapter or ch. 26, 27, 28, 29, 169, or 350, the court shall impose a natural resources trespass surcharge under ch. 814 equal to 35 percent of the amount of the forfeiture.

AB409,4,7 (b) If a forfeiture is suspended in whole or in part, the natural resources trespass surcharge shall be reduced in proportion to the suspension.

AB409,4,13 (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources trespass surcharge under this section. If the deposit is forfeited, the amount of the natural resources trespass surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the natural resources trespass surcharge shall also be returned.

AB409,4,19 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources trespass surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources trespass surcharge into the conservation fund.

AB409,4,22 (2) Use of natural resources trespass surcharge funds. All moneys collected from natural resources trespass surcharges shall be credited to the appropriation under s. 20.370 (3) (mu).

AB409, s. 6 Section 6. 29.011 (2) of the statutes is amended to read:

AB409,5,4 29.011 (2) The legal title to a wild animal or carcass, taken or reduced to possession in violation of this chapter, remains in the state. The title to a wild animal or carcass, lawfully acquired, is subject to the condition that upon the violation of this chapter the laws of this state relating to the possession, use, giving, sale, barter or transportation of a wild animal or carcass by the owner, the ownership shall revert, as a result of the violation, to the state.

AB409, s. 7 Section 7. 29.921 (4m) of the statutes is created to read:

AB409,5,15 29.921 (4m) Trespass. The department and its wardens may execute and serve warrants and processes issued for a violation of s. 943.13, if the violation was done while the person was engaged in an activity regulated under this chapter or ch. 23, 26, 27, 28, 169, or 350, in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before any court in the county where the violation was committed and make a proper complaint. For the purpose of enforcing any of the laws of this state, any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects there is a violation of the law.

AB409, s. 8 Section 8. 29.921 (5) of the statutes is amended to read:

AB409,6,10 29.921 (5) Additional arrest powers. In addition to the arrest powers under sub. subs. (1) and (4m), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

AB409, s. 9 Section 9. 29.924 (1) of the statutes is amended to read:

AB409,6,16 29.924 (1) Investigations. The department and its wardens shall, upon Upon receiving notice or information of the violation of any of the laws cited ins. for which the department and its wardens have enforcement authority under s. 29.921 (1), to (4m), the department and its wardens shall as soon as possible make a thorough investigation and institute proceedings if the evidence warrants it.

AB409, s. 10 Section 10. 29.924 (2) of the statutes is amended to read:

AB409,7,3 29.924 (2) Driving without headlights. In the performance of their law enforcement duties, wardens may operate motor vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m) or in ascertaining whether a violation of this chapter these laws has been or is about to be committed. Any civil action or proceeding brought against any warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.

AB409, s. 11 Section 11. 29.924 (3) of the statutes is amended to read:

AB409,7,12 29.924 (3) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains wild animals, or carcasses, in violation of this chapter, or carcasses, any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m), or is falsely labeled in violation of this chapter these laws. Each common carrier and its agent or employee shall permit the officer to examine and open the package. Any opened package shall be restored to its original condition.

AB409, s. 12 Section 12. 29.924 (4) of the statutes is amended to read:

AB409,7,22 29.924 (4) Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals, or their carcasses, that are subject to regulation under this chapter any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m) shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any such wild animal or carcass, in his or her possession during the closed season, whether taken within or without the state

AB409, s. 13 Section 13. 29.931 (1) of the statutes is amended to read:

AB409,8,7 29.931 (1) Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter or ch. 169 any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m). The officer may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants, taken or held in violation of this chapter or ch. 169 these laws, are to be found.

AB409, s. 14 Section 14. 29.931 (2) (a) of the statutes is amended to read:

AB409,8,25 29.931 (2) (a) The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09, or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47 any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m). If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09, or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47 any of the laws for which the department and its wardens have enforcement authority under s. 29.921 (1) to (4m), it shall be confiscated if the court directs in its order for judgment.

AB409, s. 15 Section 15. 29.931 (2) (b) of the statutes is amended to read:

AB409,9,4 29.931 (2) (b) Any perishable property seized by the department or its wardens under this section may be sold at the highest available price, and the proceeds of the sale turned into court for disposition as the court directs.

AB409, s. 16 Section 16. 29.934 (1) (a) of the statutes is amended to read: