AB100: Bill Text Engrossed

AB100-engrossed,519,9 (b) An agent appointed under par. (a) shall collect the applicable issuing fee specified in sub. (7) (gr). The agent may retain the issuing fees to compensate the agent for the agent's services in issuing the receipts.

AB100-engrossed,519,11 (c) The department may promulgate rules regulating the activities of persons who are authorized as agents under this subsection.

AB100-engrossed, s. 945 Section 945. 27.01 (8m) (title) of the statutes is amended to read:

AB100-engrossed,519,13 27.01 (8m) (title) Collection; agents ; Heritage Hill State Park; state trails.

AB100-engrossed, s. 946 Section 946. 27.01 (8m) (c) of the statutes is amended to read:

AB100-engrossed,519,16 27.01 (8m) (c) The department shall regulate may promulgate rules regulating the activities of agents under this subsection in a manner similar to s. 29.09.

AB100-engrossed, s. 947 Section 947. 27.01 (11) (a) of the statutes is amended to read:

AB100-engrossed,519,22 27.01 (11) (a) Authorization. The department may establish and operate a campground reservation system at any of the state parks or for state forest campgrounds and in state parks, state forests and other lands under the department's supervision and control. The department may participate with owners of private campgrounds in a cooperative reservation system.

AB100-engrossed, s. 948 Section 948. 27.01 (11) (b) of the statutes is created to read:

AB100-engrossed,519,25 27.01 (11) (b) Rules. The department shall promulgate rules for the operation of the campground reservation system. The rules shall include all of the following:

AB100-engrossed,520,3 1. The authority to refuse to accept campground reservation applications before a certain date or to treat applications received before that date as if they had been made on that date.

AB100-engrossed,520,5 2. The authority to give reservations for each year until all of the available sites in a campground that are open for reservations for a given date have been reserved.

AB100-engrossed, s. 948m Section 948m. 27.01 (11) (cm) of the statutes is created to read:

AB100-engrossed,520,17 27.01 (11) (cm) Contracts. 1. The department may enter into a contract with another party to operate the campground reservation system that the department establishes under par. (a). Before entering into such a contract, the department shall first notify the joint committee on finance in writing of the proposed contract. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed contract, the department may enter into the proposed contract. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed contract, the department may enter into the proposed contract only upon approval of the committee.

AB100-engrossed,520,19 2. A contract entered into under this paragraph shall require that the department retain $1 of each reservation fee collected.

AB100-engrossed, s. 949 Section 949. 27.01 (11) (d) of the statutes is repealed.

AB100-engrossed, s. 950 Section 950. 27.01 (11) (e) of the statutes is repealed.

AB100-engrossed, s. 951 Section 951. 27.01 (11) (f) of the statutes is repealed.

AB100-engrossed, s. 952 Section 952. 27.01 (11) (g) of the statutes is repealed.

AB100-engrossed, s. 953 Section 953. 27.01 (11) (h) of the statutes is repealed.

AB100-engrossed, s. 953m Section 953m. 27.012 of the statutes is created to read:

AB100-engrossed,521,7 27.012 Mountain Bay State Trail. The department shall expend up to $333,000 from the appropriations under s. 20.370 (1) (ea), (eq), (mu) and (my) for the completion of the Mountain Bay State Trail in Shawano County and for the maintenance of trail crossings for the Mountain Bay State Trail in Brown, Oconto, Shawano and Marathon counties. The department shall determine how the moneys to be expended under this section shall be allocated from one or more of these appropriations.

AB100-engrossed, s. 954mm Section 954mm. 27.014 (1) of the statutes is renumbered 27.014 (1m), and 27.014 (1m) (a), as renumbered, is amended to read:

AB100-engrossed,521,14 27.014 (1m) (a) If the department finds a vehicle in a vehicle admission area, as defined in s. 27.01 (7) (a) 3., that does not have a valid sticker receipt affixed to it or otherwise displayed as authorized under s. 27.01 (7) (e) and the department cannot locate the operator of the vehicle, the owner of the vehicle shall be presumed liable for a violation of s. 27.01 (7) (b).

AB100-engrossed, s. 955m Section 955m. 27.014 (1c) of the statutes is created to read:

AB100-engrossed,521,18 27.014 (1c) Definition. In this section, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, "owner" means the lessee of the vehicle.

AB100-engrossed, s. 956m Section 956m. 27.014 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,521,21 27.014 (2) Defenses. (intro.) The following are defenses to the imposition of liability under sub. (1) (1m):

AB100-engrossed, s. 957m Section 957m. 27.014 (2) (b) of the statutes is amended to read:

AB100-engrossed,522,3 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).

AB100-engrossed, s. 958m Section 958m. 27.014 (2) (c) of the statutes is amended to read:

AB100-engrossed,522,8 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).

AB100-engrossed, s. 959m Section 959m. 27.014 (2) (d) of the statutes is amended to read:

AB100-engrossed,522,15 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).

AB100-engrossed, s. 960 Section 960. 27.065 (10) (a) of the statutes is amended to read:

AB100-engrossed,523,2 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.

AB100-engrossed, s. 960g Section 960g. 28.02 (4) (bm) of the statutes is created to read:

AB100-engrossed,523,4 28.02 (4) (bm) Paragraph (b) does not apply to sales under s. 23.15 (2r).

AB100-engrossed, s. 960mn Section 960mn. 29.01 (2s) of the statutes is created to read:

AB100-engrossed,523,9 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.

AB100-engrossed, s. 960np Section 960np. 29.01 (2w) of the statutes is created to read:

AB100-engrossed,523,13 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.

AB100-engrossed, s. 960p Section 960p. 29.01 (3) of the statutes is amended to read:

AB100-engrossed,523,18 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.

AB100-engrossed, s. 960qg Section 960qg. 29.01 (3m) of the statutes is created to read:

AB100-engrossed,523,22 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.

AB100-engrossed, s. 960qj Section 960qj. 29.01 (11c) of the statutes is created to read:

AB100-engrossed,524,3 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.

AB100-engrossed, s. 960qL Section 960qL. 29.01 (11d) of the statutes is created to read:

AB100-engrossed,524,7 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.

AB100-engrossed, s. 960qm Section 960qm. 29.01 (12p) of the statutes is created to read:

AB100-engrossed,524,12 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.

AB100-engrossed, s. 960qr Section 960qr. 29.01 (12r) of the statutes is created to read:

AB100-engrossed,524,14 29.01 (12r) "Self-contained fish rearing facility" means any of the following:

AB100-engrossed,524,16 (a) An artificial, self-contained body of water that is a fish farm or part of a fish farm.

AB100-engrossed,524,17 (b) A freeze-out pond for which a permit is issued under s. 29.521 (2).

AB100-engrossed, s. 960r Section 960r. 29.02 (3m) of the statutes is amended to read:

AB100-engrossed,524,20 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.

AB100-engrossed, s. 967m Section 967m. 29.087 of the statutes is created to read:

AB100-engrossed,525,3 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.

AB100-engrossed,525,9 (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.

AB100-engrossed, s. 967n Section 967n. 29.087 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,525,18 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.

AB100-engrossed, s. 968 Section 968. 29.09 (1m) of the statutes is amended to read:

AB100-engrossed,526,8 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).

AB100-engrossed, s. 969 Section 969. 29.09 (3) (a) of the statutes is amended to read:

AB100-engrossed,526,11 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.

AB100-engrossed, s. 970 Section 970. 29.09 (3m) of the statutes is created to read:

AB100-engrossed,526,15 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:

AB100-engrossed,526,16 1. The signature requirements, if any, for each type of approval.

AB100-engrossed,526,18 2. The conditions, if any, under which a person may be issued an approval for another person.

AB100-engrossed,526,21 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.

AB100-engrossed, s. 971 Section 971. 29.09 (3r) of the statutes is created to read:

AB100-engrossed,526,25 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:

AB100-engrossed,527,1 1. Directly issue the approvals.

AB100-engrossed,527,3 2. Appoint, as an agent of the department, the clerk of one or more counties to issue the approvals.

AB100-engrossed,527,5 3. Appoint persons who are not employes of the department to issue the approvals as agents of the department.

AB100-engrossed,527,7 (b) The clerk of each county appointed under par. (a) 2. may accept the appointment.

AB100-engrossed,527,10 (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.

AB100-engrossed,527,12 (d) The department may promulgate rules regulating the activities of persons appointed under par. (a) 2. and 3.

AB100-engrossed, s. 972 Section 972. 29.09 (4) of the statutes is amended to read:

AB100-engrossed,528,2 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.

AB100-engrossed, s. 974 Section 974. 29.09 (5) of the statutes is renumbered 29.09 (3m) (b) and amended to read:

AB100-engrossed,528,12 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.

AB100-engrossed, s. 975 Section 975. 29.09 (6) of the statutes is repealed.

AB100-engrossed, s. 976 Section 976. 29.09 (7) of the statutes is repealed.

AB100-engrossed, s. 977 Section 977. 29.09 (7m) of the statutes is repealed.

AB100-engrossed, s. 978 Section 978. 29.09 (8) of the statutes is amended to read:

AB100-engrossed,528,19 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.