SB326: Bill Text

LRB-2671/1

EHS:jld

2017 - 2018 LEGISLATURE

2017 Senate BILL 326

June 23, 2017 - Introduced by Senators Petrowski, Marklein, Olsen, Risser, Wanggaard and Vinehout, cosponsored by Representatives Edming, Krug, Kulp, Mursau, Quinn, Ripp, Swearingen, Tittl and Tusler. Referred to Committee on Sporting Heritage, Mining and Forestry.

SB326,1,3 An Act to amend 29.983 (1) (a); and to create 29.983 (1) (c), 29.983 (1) (cg) and 29.983 (1) (cr) of the statutes; relating to: a higher wild animal protection surcharge for the unlawful taking of deer.

Analysis by the Legislative Reference Bureau

This bill increases the wild animal protection surcharge that a court may impose when a person unlawfully hunts, snares, possesses, or controls a deer with large antlers.

Under current law, if a court imposes a fine or forfeiture for the unlawful killing, wounding, catching, taking, trapping, or possession of certain wild animals, the court may impose a wild animal protection surcharge. The statute specifies the amount of the surcharge allowed for each type of wild animal.

This bill allows a court to impose a higher wild animal protection surcharge when it imposes a fine or forfeiture for the unlawful hunting, snaring, possession, or control of a deer with antlers of a certain size. The bill requires the Department of Natural Resources to establish a method for measuring antler size, and specifies the amount of the surcharge for different sizes of antlers. If both a regular and a higher wild animal protection surcharge are allowed, the bill requires a court to impose the higher surcharge.

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:

SB326,1 Section 1. 29.983 (1) (a) of the statutes is amended to read:

SB326,2,7 29.983 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping, or possession of a wild animal specified in par. (b), or any part of such a wild animal, the court may impose a wild animal protection surcharge under ch. 814 that equals the amount specified for the wild animal under par. (b), except as provided in par. (c).

SB326,2 Section 2. 29.983 (1) (c) of the statutes is created to read:

SB326,2,14 29.983 (1) (c) If a court imposes a fine for a violation of s. 29.971 (11) and the affected deer has antlers of a size specified in par. (cg), the court shall impose a wild animal protection surcharge under ch. 814 that equals the amount specified in par. (cg) for a deer with that size of antlers. If a wild animal protection surcharge under both pars. (b) and (cg) applies, the court shall impose the applicable wild animal protection surcharge listed under par. (cg).

SB326,3 Section 3. 29.983 (1) (cg) of the statutes is created to read:

SB326,2,17 29.983 (1) (cg) The amount of the wild animal protection surcharge imposed under ch. 814 for deer with antlers of the following sizes shall be as follows:

SB326,2,19 1. For any deer with antlers measuring at least 125 inches but less than 150 inches, not less than $43.75 nor more than $2,000.

SB326,2,21 2. For any deer with antlers measuring at least 150 inches but less than 170 inches, not less than $2,001 nor more than $5,000.

SB326,3,2 3. For any deer with antlers measuring 170 inches or more, not less than $5,001 nor more than $10,000.

SB326,4 Section 4. 29.983 (1) (cr) of the statutes is created to read:

SB326,3,6 29.983 (1) (cr) The department shall establish a method for measuring the size of the antlers of a deer to determine whether the wild animal protection surcharge amounts listed under par. (cg) apply.

SB326,5 Section 5. Initial applicability.

SB326,3,9 (1) This act first applies to violations that occur on the effective date of this subsection.

SB326,3,10 (End)