1997 Wisconsin Act 248

248,137 Section 137 . 29.09 (9) (title) of the statutes is renumbered 29.193 (2) (title) and amended to read:

29.193 (2) (title) Disabled persons; hunting Hunting permits.

248,138 Section 138 . 29.09 (9) (a) (intro.) and 1. of the statutes are renumbered 29.193 (2) (a) (intro.) and 1.

248,139 Section 139 . 29.09 (9) (a) 2. and 3. of the statutes are renumbered 29.193 (2) (a) 2. and 3. and amended to read:

29.193 (2) (a) 2. “Class A permit" means a permit issued to a person with a permanent physical disability which authorizes the permit holder to shoot or hunt from a stationary motor vehicle, to fish or troll as authorized under sub. (8m) (1) (b) and to hunt certain game with a crossbow as authorized under ss. 29.103 (2) (ar) 29.164 (2) (b) and 29.104 29.171 (2).

3. “Class B permit" means a permit issued to a person with a permanent or a temporary physical disability which allows the permit holder to shoot or hunt from a stationary motor vehicle that is parked off a highway, as defined under s. 340.01 (22), and parked more than 50 feet from the center of the roadway, as defined under s. 340.01 (54).

248,140 Section 140 . 29.09 (9) (a) 4. of the statutes is repealed.

248,141 Section 141 . 29.09 (9) (a) 5. of the statutes is renumbered 29.193 (2) (a) 5.

248,142 Section 142 . 29.09 (9) (b) to (e) of the statutes are renumbered 29.193 (2) (b) to (e), and 29.193 (2) (b) 1. and 2. and (d), as renumbered, are amended to read:

29.193 (2) (b) 1. After proper application, the The department shall, after due investigation and without charging a fee, issue a Class A, Class B or Class C permit to any person, as provided in this subsection.

2. An applicant shall submit an application on a form prepared and furnished by the department, as part of the application, which shall include a written statement or report prepared and signed by a licensed physician or licensed chiropractor, prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.

(d) Assistance. 1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who is has not authorized to hunt or carry a firearm, bow or crossbow been issued the appropriate approval is limited to field dressing, tagging and retrieving deer or other game for the permit holder.

2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, bow or crossbow, identifying the deer or other game and field dressing, tagging and retrieving deer or other game for the permit holder.

248,143 Section 143 . 29.09 (9m) (title) of the statutes is renumbered 29.553 (title) and amended to read:

29.553 (title) Processing fees for applications for certain approvals fee.

248,144 Section 144 . 29.09 (9m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.553 (1) (intro.) and amended to read:

29.553 (1) (intro.) Except as provided in par. (c) sub. (3), if the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under s. 29.092 29.563, shall be collected for each application for such an approval:

248,145 Section 145 . 29.09 (9m) (a) 1. to 7. of the statutes are renumbered 29.553 (1) (a) to (g).

248,146 Section 146 . 29.09 (9m) (a) 8. of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.553 (1) (h).

248,147 Section 147 . 29.09 (9m) (a) 9. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.553 (1) (i).

248,148 Section 148 . 29.09 (9m) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.553 (2) and amended to read:

29.553 (2) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under s. 29.1075 29.181 (2) or (2m), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.

248,149 Section 149 . 29.09 (9m) (c) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.553 (3) and amended to read:

29.553 (3) The department may waive the processing fee for the approvals specified in par. (a) 1., 1m. and 3. to 7. sub. (1) (a), (am) and (c) to (g) for persons who apply for or are holders of resident conservation patron licenses and nonresident conservation patron licenses.

248,150 Section 150 . 29.09 (9r) (title), (a) and (b) of the statutes are renumbered 29.556 (title), (1) and (2) and amended to read:

29.556 (title) Handling fees for applications for certain approvals fee. (1) In addition to any other fee imposed under s. 29.092 29.563, the department may collect a handling fees fee for the approvals that the department itself issues. The handling fees shall cover the costs associated with paying for approvals that are requested by mail, telephone or electronic means.

(2) If the department collects a handling fees fee under par. (a) sub. (1), it shall promulgate rules to designate the approvals to which the fees shall apply fee applies and to establish the amounts of the fees fee. The fees fee may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, “handling costs" includes the costs associated with paying for approvals that are requested by mail, telephone or electronic means and includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.

248,151 Section 151 . 29.09 (9r) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.556 (3) and amended to read:

29.556 (3) Any fees collected under this subsection section shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hu).

248,152 Section 152 . 29.09 (10) (title) of the statutes is renumbered 29.559 (title) and amended to read:

29.559 (title) Issuing fee required.

248,153 Section 153 . 29.09 (10) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.559 (1) and amended to read:

29.559 (1) Collection of issuing fee. Any person, including the department, who issues any license or stamp under this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued. A person appointed under sub. (3r) s. 29.024 (6) (a) 2. or 3. may retain the amounts specified in par. (c) sub. (3) to compensate for services in issuing the license or stamp.

248,154 Section 154 . 29.09 (10) (am) of the statutes is renumbered 29.559 (1m) and amended to read:

29.559 (1m) Collection of issuing fee for certain approval applications. A person authorized to distribute an application under sub. (9m) s. 29.553 shall collect, in addition to the processing fee, an issuing fee for each application.

248,155 Section 155 . 29.09 (10) (b) of the statutes is renumbered 29.559 (2).

248,156 Section 156 . 29.09 (10) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.559 (3) and amended to read:

29.559 (3) Issuing agents. A person appointed under sub. (3r) s. 29.024 (6) (a) 2. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.

Note: Current statutes relating to authorizing processing fees, handling fees and issuing fees for hunting, fishing and other approvals are placed in the subchapter VII relating to fees and effective periods for approvals.

248,157 Section 157 . 29.09 (12) (title) of the statutes is repealed.

248,158 Section 158 . 29.09 (12) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (1) and amended to read:

29.194 (1) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding sub. (1m) and s. 29.14 ss. 29.024 (2) and 29.228 (1) (a), the department shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student or qualified member of the armed forces applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time undergraduate student in residence at a public or private college or university located in this state and offering a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the university University of Wisconsin system System. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service with the U.S. armed forces and that he or she is stationed in this state.

248,159 Section 159 . 29.09 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (2).

248,160 Section 160 . 29.09 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (3).

Note: The bill renumbers the current provisions relating to issuing certain hunting licenses to students and members of the armed forces.

248,161 Section 161 . 29.09 (13) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (10).

Note: This provision is placed in new s. 29.024, relating to the DNR's duties to develop and provide forms for approvals.

248,162 Section 162 . 29.092 (title) and (1) to (3m) of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, are repealed.

Note: Current s. 29.092, relating to fees for hunting, fishing and other approvals, is repealed except for a provision relating to holding fees in trust. New s. 29.563 contains the current fee schedule in a revised and simplified format that specifies, for each category or type of approval, the current fee, as affected by 1997 Wisconsin Acts 1 and 27.

248,163 Section 163 . 29.092 (3r) (title) of the statutes is renumbered 29.564 (title).

248,164 Section 164 . 29.092 (3r) (a) of the statutes is renumbered 29.564 (1) and amended to read:

29.564 (1) Any applicant for a fishing license under sub. (3) (a) to (m) s. 29.563 (3) (a) to (c) may, in addition to paying any fee charged for the license, elect to make a voluntary $1 contribution to be used for lake research.

248,165 Section 165 . 29.092 (3r) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.564 (2) and amended to read:

29.564 (2) All moneys collected under par. (a) sub. (1) shall be deposited into the account under s. 20.370 (3) (is).

248,166 Section 166 . 29.092 (3v) to (13m) and (14) (title), (a), (am) and (b) of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, are repealed.

248,167 Section 167 . 29.092 (14) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.566 (1) and amended to read:

29.566 (1) (title) Use of wildlife damage surcharge fees. The wildlife damage surcharge shall be collected as are other approval fees and the surcharge fees shall be deposited in the conservation fund to be used for the wildlife damage abatement and claim program, for wildlife abatement and control grants under s. 29.595 29.887 and for removal activities by the department under s. 29.59 29.885.

248,168 Section 168 . 29.092 (15) and (15m) of the statutes are repealed.

248,169 Section 169. 29.092 (16) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.566 (2) and amended to read:

29.566 (2) Fees held in trust. All fees collected under this section for approvals issued under this chapter that are required to be remitted to the department shall be held in trust for the state. Any person who collects, possesses or manages fees for these approvals acts in a fiduciary capacity for the state.

248,170 Section 170 . 29.093 (title) and (1) of the statutes are renumbered 29.569 (title) and (1) and amended to read:

29.569 (title) Fish and wildlife; effective Effective periods; restrictions. (1) Specification of effective periods; restrictions. Unless an approval issued under this chapter is suspended or revoked or unless another section of this chapter specifically provides otherwise, the approval is valid for the period or season specified under subs. (2) to (14) on the face of the approval or on an attachment to the approval. In addition to any other restriction under this chapter, no license may be issued if that issuance is restricted under sub. (2) or (3).

248,171 Section 171 . 29.093 (2) (title) of the statutes is renumbered 29.569 (2) (title) and amended to read:

29.569 (2) (title) Hunting licenses; permit; stamps; certificate.

248,172 Section 172 . 29.093 (2) (a) of the statutes is repealed.

248,173 Section 173 . 29.093 (2) (b) of the statutes is renumbered 29.569 (2) (a) and amended to read:

29.569 (2) (a) Archer hunting license; issuance after the beginning of the open season for hunting deer. Except as provided in par. (i) (c) 2., a resident archer hunting license, a nonresident archer hunting license, a resident conservation patron license or a nonresident conservation patron license issued during the open season for the hunting of deer with a bow and arrow does not authorize such hunting until 3 days after it is issued, excluding the date of issuance.

248,174 Section 174 . 29.093 (2) (c) to (f) 1. of the statutes, as affected by 1997 Wisconsin Acts 1 and 12, are repealed.

248,175 Section 175 . 29.093 (2) (f) 2. of the statutes, as created by 1997 Wisconsin Act 12, is renumbered 29.591 (4) (ar) and amended to read:

29.591 (4) (ar) (title) Period for hunting antlerless deer. A certificate of accomplishment issued under s. 29.225 this section that the department has authorized to be used in place of a permit under s. 29.225 (4) par. (am) is valid for the hunting of one antlerless deer during the deer hunting season immediately following the date of issuance of the certificate.

248,176 Section 176 . 29.093 (2) (g) of the statutes is renumbered 29.569 (2) (b) and amended to read:

29.569 (2) (b) Restriction on the issuance of deer hunting licenses during the open season. Except as provided under par. (i) (c) 1., no resident deer hunting license, nonresident deer hunting license, resident sports license, nonresident sports license, resident conservation patron license or nonresident conservation patron license may be issued during the open season for the hunting of deer with firearms.

248,177 Section 177 . 29.093 (2) (i) of the statutes is renumbered 29.569 (2) (c), and 29.569 (2) (c) 1. and 2., as renumbered are amended to read:

29.569 (2) (c) 1. A resident deer hunting license may be issued before or after the opening of the season for hunting deer with firearms to a person who is a member of the U.S. armed forces who exhibits proof that he or she is in active service with the armed forces and that he or she is stationed in this state or is a resident of this state on furlough or leave.

2. A resident archer hunting license or a resident conservation patron license issued during the open season for hunting deer with a bow and arrow authorizes such hunting beginning on the date of issuance if issued to a person who is a member of the U.S. armed forces who exhibits proof that he or she is in active service with the armed forces and that he or she is stationed in this state or is a resident of this state on furlough or leave.

248,178 Section 178 . 29.093 (3) (title) of the statutes is renumbered 29.569 (3) (title) and amended to read:

29.569 (3) (title) Fishing licenses and authorizations; stamps.

248,179 Section 179 . 29.093 (3) (a) of the statutes is repealed.

248,180 Section 180 . 29.093 (3) (b) of the statutes is renumbered 29.569 (3) (a).

248,181 Section 181 . 29.093 (3) (c) to (g) of the statutes are repealed.

248,182 Section 182 . 29.093 (3) (h) of the statutes is renumbered 29.569 (3) (b).

248,183 Section 183 . 29.093 (4) to (7) of the statutes are repealed.

248,184 Section 184 . 29.093 (8) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

248,185 Section 185 . 29.093 (8m) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

248,186 Section 186 . 29.093 (9) to (11) of the statutes are repealed.

248,187 Section 187 . 29.093 (12) and (13) of the statutes are renumbered 29.569 (4) and (5).

248,188 Section 188 . 29.093 (14) of the statutes is repealed.

Note: Current statute provisions relating to effective periods for licenses, permits, stamps and other approvals are deleted by this bill. Provisions relating to effective dates for certain hunting licenses that authorize the hunting of deer, licenses for persons in military service, licenses for persons who attain legal hunting age during deer hunting seasons, senior citizen fishing licenses issued under s. 29.145 (1a), 1989 Stats., sturgeon spearing licenses, senior citizen recreation cards and duplicate approvals are retained in new s. 29.569, created by this bill.

248,189 Section 189 . 29.095 (title) of the statutes is renumbered 29.624 (title).