27.014 (2) DEFENSES. (intro.) The following are defenses to the imposition of liability under sub. (1) (1m):
SECTION 957m. 27.014 (2) (b) of the statutes is amended to read:
27.014 (2) (b) If the owner of the vehicle provides the department with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the department to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under sub. (1) (1m) or s. 27.01 (7) (b).
SECTION 958m. 27.014 (2) (c) of the statutes is amended to read:
27.014 (2) (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides the department with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under sub. (1) (1m) or s. 27.01 (7) (b).
SECTION 959m. 27.014 (2) (d) of the statutes is amended to read:
27.014 (2) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides the department with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under sub. (1) (1m) or s. 27.01 (7) (b).
SECTION 960. 27.065 (10) (a) of the statutes is amended to read:
27.065 (10) (a) The special improvement bonds herein mentioned shall be equal liens against all lots, parts of lots or parcels of land against which special assessments have been made, without priority one over another, which liens shall take precedence of all other claims or liens thereon, except a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81, and when issued shall transfer to the holders thereof all the right, title and interest of such county in and to the assessment made on account of the improvement mentioned therein and the liens thereby created, with full power to enforce the collection thereof by foreclosure in the manner mortgages on real estate are foreclosed. The time of redemption therefrom shall be fixed by the court, and a copy of the bond foreclosed may be filed as a part of the judgment roll in said action in lieu of the original thereof.
SECTION 960g. 28.02 (4) (bm) of the statutes is created to read:
28.02 (4) (bm) Paragraph (b) does not apply to sales under s. 23.15 (2r).
SECTION 960mn. 29.01 (2s) of the statutes is created to read:
29.01 (2s) "Farm-raised fish" means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked or planted into waters outside a fish farm or that has not escaped from a fish farm.
SECTION 960np. 29.01 (2w) of the statutes is created to read:
29.01 (2w) "Fish farm" has the meaning given in s. 95.60 (1) (a), except that "fish farm" does not include a state or municipal fish hatchery or a private fishing preserve.
SECTION 960p. 29.01 (3) of the statutes is amended to read:
29.01 (3) "Fishing" includes taking, capturing, killing, or fishing for fish of any variety in any manner but does not include taking, capturing, killing or fishing for farm-raised fish. When the word "fish" is used as a verb, it shall have the same meaning as the word "fishing" as defined herein.
SECTION 960qg. 29.01 (3m) of the statutes is created to read:
29.01 (3m) "Freeze-out pond" means a natural, self-contained body of water in which freezing or anoxic conditions prevent the body of water from naturally sustaining a fish population at least twice every 5 years.
SECTION 960qj. 29.01 (11c) of the statutes is created to read:
29.01 (11c) "Preexisting fish rearing facility" means a body of water that is a fish farm or part of a fish farm and that is not a self-contained body of water but that was licensed as a private fish hatchery, or as part of a private fish hatchery, under s. 29.52, 1995 stats., on the effective date of this subsection .... [revisor inserts date] and that has been continuously used to rear fish since that date.
SECTION 960qL. 29.01 (11d) of the statutes is created to read:
29.01 (11d) "Preexisting fish rearing facility that is barrier equipped" means a preexisting fish rearing facility that is equipped with barriers that prevent the passage of fish between the facility and the other waters of the state.
SECTION 960qm. 29.01 (12p) of the statutes is created to read:
29.01 (12p) "Self-contained body of water" means a body of water that has no inlet from or outlet to a natural body of water, except that it may have pipes or similar conduits to put in or withdraw water that are equipped with barriers that prevent the passage of fish between the body of water and the other waters of the state.
SECTION 960qr. 29.01 (12r) of the statutes is created to read:
29.01 (12r) "Self-contained fish rearing facility" means any of the following:
(a) An artificial, self-contained body of water that is a fish farm or part of a fish farm.
(b) A freeze-out pond for which a permit is issued under s. 29.521 (2).
SECTION 960r. 29.02 (3m) of the statutes is amended to read:
29.02 (3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer or farm-raised fish.
SECTION 967m. 29.087 of the statutes is created to read:
29.087 Agreements to retire licenses. (1) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.
(2) Notwithstanding sub. (1), an agreement entered into by the department before the effective date of this subsection .... [revisor inserts date], to make payments to persons holding commercial fishing licenses in exchange for the retirement of the licenses or for the permanent or temporary cessation of commercial fishing shall remain valid except that no moneys may be expended from the conservation fund to make payments under the agreement.
SECTION 967n. 29.087 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:
29.087 (1) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.
SECTION 968. 29.09 (1m) of the statutes is amended to read:
29.09 (1m) CONDITIONS AND RESTRICTIONS ON LICENSES AND OTHER APPROVALS. A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval. Except as provided under sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the county clerk or issuing agent or the department definite proof of his or her identity and that he or she is a resident. No more than one of the same series of approval may be issued to the same person in any year. Except as provided under s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person and no person while hunting, trapping or fishing may use or carry any approval issued to another person. No Except as authorized by rules promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person. No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).
SECTION 969. 29.09 (3) (a) of the statutes is amended to read:
29.09 (3) (a) Date; expiration. Each license or stamp issued under this chapter shall state for what period the license or stamp is effective and the date of expiration.
SECTION 970. 29.09 (3m) of the statutes is created to read:
29.09 (3m) FORMS OF APPROVALS. (a) Department rules. The department shall promulgate rules regulating the issuance of approvals. The rules shall include all of the following:
1. The signature requirements, if any, for each type of approval.
2. The conditions, if any, under which a person may be issued an approval for another person.
3. The authorized forms for stamps, which may include facsimiles, and the methods of attaching stamps to or imprinting stamps on other approvals issued under this chapter.
SECTION 971. 29.09 (3r) of the statutes is created to read:
29.09 (3r) ISSUANCE OF APPROVALS BY DEPARTMENT AND BY AGENTS. (a) In issuing approvals under this section, the department may do any of the following for each type of approval:
1. Directly issue the approvals.
2. Appoint, as an agent of the department, the clerk of one or more counties to issue the approvals.
3. Appoint persons who are not employes of the department to issue the approvals as agents of the department.
(b) The clerk of each county appointed under par. (a) 2. may accept the appointment.
(c) The department shall promulgate rules for each type of approval under this chapter that specify which persons appointed under par. (a) shall issue that type of approval.
(d) The department may promulgate rules regulating the activities of persons appointed under par. (a) 2. and 3.
SECTION 972. 29.09 (4) of the statutes is amended to read:
29.09 (4) DUPLICATES. If any license, permit, certificate or card is lost, the person to whom the license, permit, certificate or card was issued may apply to the department for a duplicate, submitting an affidavit proving loss. The department may accept information in a form other than an affidavit. The department shall make an inquiry and investigation as it deems necessary. If the department is satisfied that the facts are as stated in the affidavit loss has been proven, the department may issue a duplicate license, permit, certificate or card to the applicant. Back tags and other tags issued with a license, permit, certificate or card are parts of the license, permit, certificate or card and loss of any part is deemed to be loss of the entire license, permit, certificate or card. Upon applying for a duplicate approval license, permit, certificate or card, the applicant shall surrender all parts of the original approval remaining in his or her possession to the department. No duplicate stamp may be issued and if a stamp is lost, the person to whom it was issued is required to apply and pay the regular fee in order to receive a new stamp.
SECTION 974. 29.09 (5) of the statutes is renumbered 29.09 (3m) (b) and amended to read:
29.09 (3m) (b) Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for approvals issued under this chapter and related applications. Approval blanks and applications may be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank shall be provided with a corresponding stub numbered with the serial number of the license. Each requisition for the printing of approval blanks shall specify any serial numbers to be printed on the blanks. The department or a county clerk may issue approvals only on blanks supplied by the department for approvals.
SECTION 975. 29.09 (6) of the statutes is repealed.
SECTION 976. 29.09 (7) of the statutes is repealed.
SECTION 977. 29.09 (7m) of the statutes is repealed.
SECTION 978. 29.09 (8) of the statutes is amended to read:
29.09 (8) RECORD OF APPROVALS ISSUED. The department shall keep a complete record of all approvals issued. The department is accountable for all unused approval blanks.
SECTION 979. 29.09 (8m) (b) of the statutes is amended to read:
29.09 (8m) (b) A person holding a current fishing license issued under this chapter and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters.
SECTION 981. 29.09 (9m) (a) 9. of the statutes is created to read:
29.09 (9m) (a) 9. Sturgeon fishing permit.
SECTION 982. 29.09 (9r) (c) of the statutes is amended to read:
29.09 (9r) (c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (Lu) (9) (hu).
SECTION 983. 29.09 (10) (a) of the statutes is amended to read:
29.09 (10) (a) Collection of issuing fee. A person authorized to issue Any person, including the department ,who issues any license or stamp prescribed by 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) (a) 2. or 3. may retain the amounts specified in par. (c) to compensate for services in issuing the license or stamp.
SECTION 984. 29.09 (10) (c) of the statutes is amended to read:
29.09 (10) (c) (title) Nonpublic issuing Issuing agents. Deputies A person appointed by county clerks, other than county employes, and deputies appointed by the department, other than state employes, are entitled to under sub. (3r) (a) 2. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.
SECTION 985. 29.09 (11) of the statutes is repealed.
SECTION 986. 29.09 (12) (a) of the statutes is amended to read:
29.09 (12) (a) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding sub. (1m) and s. 29.14 (1) (a), the department and the county clerk of each county 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 of Wisconsin 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.
SECTION 988. 29.09 (12) (b) of the statutes is amended to read:
29.09 (12) (b) Resident armed forces fishing license. An annual fishing license shall be issued by the department or a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.
SECTION 990. 29.09 (12) (c) of the statutes is amended to read:
29.09 (12) (c) Resident armed forces small game hunting license. A small game hunting license shall be issued by the department or by a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.
SECTION 993. 29.09 (13) of the statutes is amended to read:
29.09 (13) STAMPS; ARTWORK. The department shall may design and produce waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.
SECTION 994e. 29.092 (2) (em) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:
29.092 (2) (em) Resident wild turkey. The fee for a resident wild turkey hunting license is $10.25 $9.25.
SECTION 994k. 29.092 (2) (kd) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:
29.092 (2) (kd) Nonresident wild turkey. The fee for a nonresident wild turkey hunting license is $54.25 $53.25.
SECTION 996. 29.092 (3r) (b) of the statutes is amended to read:
29.092 (3r) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).
SECTION 996m. 29.092 (8) (title) of the statutes is amended to read:
29.092 (8) (title) BAIT DEALER AND FISH HATCHERY LICENSES.