AB100-engrossed,520,3
11. The authority to refuse to accept campground reservation applications
2before a certain date or to treat applications received before that date as if they had
3been made on that date.
AB100-engrossed,520,54
2. The authority to give reservations for each year until all of the available sites
5in a campground that are open for reservations for a given date have been reserved.
AB100-engrossed,520,177
27.01
(11) (cm)
Contracts. 1. The department may enter into a contract with
8another party to operate the campground reservation system that the department
9establishes under par. (a). Before entering into such a contract, the department shall
10first notify the joint committee on finance in writing of the proposed contract. If the
11cochairpersons of the committee do not notify the department within 14 working
12days after the date of the department's notification that the committee has scheduled
13a meeting to review the proposed contract, the department may enter into the
14proposed contract. If, within 14 working days after the date of the department's
15notification, the cochairpersons of the committee notify the department that the
16committee has scheduled a meeting to review the proposed contract, the department
17may enter into the proposed contract only upon approval of the committee.
AB100-engrossed,520,1918
2. A contract entered into under this paragraph shall require that the
19department retain $1 of each reservation fee collected.
AB100-engrossed,521,7
127.012 Mountain Bay State Trail. The department shall expend up to
2$333,000 from the appropriations under s. 20.370 (1) (ea), (eq), (mu) and (my) for the
3completion of the Mountain Bay State Trail in Shawano County and for the
4maintenance of trail crossings for the Mountain Bay State Trail in Brown, Oconto,
5Shawano and Marathon counties. The department shall determine how the moneys
6to be expended under this section shall be allocated from one or more of these
7appropriations.
AB100-engrossed, s. 954mm
8Section 954mm. 27.014 (1) of the statutes is renumbered 27.014 (1m), and
927.014 (1m) (a), as renumbered, is amended to read:
AB100-engrossed,521,1410
27.014
(1m) (a) If the department finds a vehicle in a vehicle admission area,
11as defined in s. 27.01 (7) (a) 3., that does not have a valid
sticker receipt affixed to
12it
or otherwise displayed as authorized under s. 27.01 (7) (e) and the department
13cannot locate the operator of the vehicle, the owner of the vehicle shall be presumed
14liable for a violation of s. 27.01 (7) (b).
AB100-engrossed,521,1816
27.014
(1c) Definition. In this section, with respect to a vehicle that is
17registered, or is required to be registered, by a lessee of the vehicle under ch. 341,
18"owner" means the lessee of the vehicle.
AB100-engrossed,521,2120
27.014
(2) Defenses. (intro.) The following are defenses to the imposition of
21liability under sub.
(1) (1m):
AB100-engrossed,522,323
27.014
(2) (b) If the owner of the vehicle provides the department with the name
24and address of the person operating the vehicle or having the vehicle under his or her
25control at the time of the violation and sufficient information for the department to
1determine that probable cause does not exist to believe that the owner of the vehicle
2was operating the vehicle at the time of the violation, then the owner of the vehicle
3shall not be liable under sub.
(1) (1m) or s. 27.01 (7) (b).
AB100-engrossed,522,85
27.014
(2) (c) If the vehicle is owned by a lessor of vehicles and at the time of
6the violation the vehicle was in the possession of a lessee, and the lessor provides the
7department with the information required under s. 343.46 (3), then the lessee and
8not the lessor shall be liable under sub.
(1) (1m) or s. 27.01 (7) (b).
AB100-engrossed,522,1510
27.014
(2) (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11)
11(intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time
12of the violation the vehicle was being operated by or was under the control of any
13person on a trial run, and if the dealer provides the department with the name,
14address and operator's license number of the person operating the vehicle, then that
15person, and not the dealer, shall be liable under sub.
(1) (1m) or s. 27.01 (7) (b).
AB100-engrossed,523,217
27.065
(10) (a) The special improvement bonds herein mentioned shall be equal
18liens against all lots, parts of lots or parcels of land against which special
19assessments have been made, without priority one over another, which liens shall
20take precedence of all other claims or liens thereon, except a lien under s. 292.31 (8)
21(i)
, 292.41 (6) (d) or 292.81, and when issued shall transfer to the holders thereof all
22the right, title and interest of such county in and to the assessment made on account
23of the improvement mentioned therein and the liens thereby created, with full power
24to enforce the collection thereof by foreclosure in the manner mortgages on real
25estate are foreclosed. The time of redemption therefrom shall be fixed by the court,
1and a copy of the bond foreclosed may be filed as a part of the judgment roll in said
2action in lieu of the original thereof.
AB100-engrossed,523,44
28.02
(4) (bm) Paragraph (b) does not apply to sales under s. 23.15 (2r).
AB100-engrossed,523,96
29.01
(2s) "Farm-raised fish" means a fish that is kept on a fish farm for
7propagation purposes or reared on a fish farm and that has not been introduced,
8stocked or planted into waters outside a fish farm or that has not escaped from a fish
9farm.
AB100-engrossed,523,1311
29.01
(2w) "Fish farm" has the meaning given in s. 95.60 (1) (a), except that
12"fish farm" does not include a state or municipal fish hatchery or a private fishing
13preserve.
AB100-engrossed,523,1815
29.01
(3) "Fishing" includes taking, capturing, killing, or fishing for fish of any
16variety in any manner
but does not include taking, capturing, killing or fishing for
17farm-raised fish. When the word "fish" is used as a verb, it shall have the same
18meaning as the word "fishing" as defined herein.
AB100-engrossed,523,2220
29.01
(3m) "Freeze-out pond" means a natural, self-contained body of water
21in which freezing or anoxic conditions prevent the body of water from naturally
22sustaining a fish population at least twice every 5 years.
AB100-engrossed,524,324
29.01
(11c) "Preexisting fish rearing facility" means a body of water that is a
25fish farm or part of a fish farm and that is not a self-contained body of water but that
1was licensed as a private fish hatchery, or as part of a private fish hatchery, under
2s. 29.52, 1995 stats., on the effective date of this subsection .... [revisor inserts date]
3and that has been continuously used to rear fish since that date.
AB100-engrossed,524,75
29.01
(11d) "Preexisting fish rearing facility that is barrier equipped" means
6a preexisting fish rearing facility that is equipped with barriers that prevent the
7passage of fish between the facility and the other waters of the state.
AB100-engrossed,524,129
29.01
(12p) "Self-contained body of water" means a body of water that has no
10inlet from or outlet to a natural body of water, except that it may have pipes or similar
11conduits to put in or withdraw water that are equipped with barriers that prevent
12the passage of fish between the body of water and the other waters of the state.
AB100-engrossed,524,1414
29.01
(12r) "Self-contained fish rearing facility" means any of the following:
AB100-engrossed,524,1615
(a) An artificial, self-contained body of water that is a fish farm or part of a fish
16farm.
AB100-engrossed,524,1717
(b) A freeze-out pond for which a permit is issued under s. 29.521 (2).
AB100-engrossed,524,2019
29.02
(3m) This section does not permit the seizure by the department, or
20prohibit the possession or sale, of farm-raised deer
or farm-raised fish.
AB100-engrossed,525,3
2229.087 Agreements to retire licenses.
(1) Beginning on the effective date
23of this subsection .... [revisor inserts date], the department may not enter into any
24agreement to make payments to persons holding approvals issued under s. 29.134,
2529.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36,
129.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in
2exchange for the retirement of the approval or for the temporary or permanent
3cessation of any activity authorized under the approval.
AB100-engrossed,525,9
4(2) Notwithstanding sub. (1), an agreement entered into by the department
5before the effective date of this subsection .... [revisor inserts date], to make
6payments to persons holding commercial fishing licenses in exchange for the
7retirement of the licenses or for the permanent or temporary cessation of commercial
8fishing shall remain valid except that no moneys may be expended from the
9conservation fund to make payments under the agreement.
AB100-engrossed, s. 967n
10Section 967n. 29.087 (1) of the statutes, as created by 1997 Wisconsin Act ....
11(this act), is amended to read:
AB100-engrossed,525,1812
29.087
(1) Beginning on the effective date of this subsection .... [revisor inserts
13date], the department may not enter into any agreement to make payments to
14persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165,
1529.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38,
29.52, 29.544, 29.547,
1629.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the
17approval or for the temporary or permanent cessation of any activity authorized
18under the approval.
AB100-engrossed,526,820
29.09
(1m) Conditions and restrictions on licenses and other approvals. A
21hunting, trapping or fishing approval may be issued only to and obtained only by a
22natural person entitled to the approval. Except as provided under sub. (12) (a), a
23resident hunting, trapping or fishing approval may be issued only to a person who
24presents to the
county clerk or issuing agent
or the department definite proof of his
25or her identity and that he or she is a resident. No more than one of the same series
1of approval may be issued to the same person in any year. Except as provided under
2s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any
3approval by any other person and no person while hunting, trapping or fishing may
4use or carry any approval issued to another person.
No Except as authorized by rules
5promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or
6fishing approval for another person. No approval authorizing hunting may be issued
7to any person who is prohibited from obtaining this type of approval under s. 29.226
8or 29.227 (1) (c).
AB100-engrossed,526,1110
29.09
(3) (a)
Date; expiration. Each license or stamp
issued under this chapter 11shall state for what period the license or stamp is effective and the date of expiration.
AB100-engrossed,526,1513
29.09
(3m) Forms of approvals. (a)
Department rules. The department shall
14promulgate rules regulating the issuance of approvals. The rules shall include all
15of the following:
AB100-engrossed,526,1616
1. The signature requirements, if any, for each type of approval.
AB100-engrossed,526,1817
2. The conditions, if any, under which a person may be issued an approval for
18another person.
AB100-engrossed,526,2119
3. The authorized forms for stamps, which may include facsimiles, and the
20methods of attaching stamps to or imprinting stamps on other approvals issued
21under this chapter.
AB100-engrossed,526,2523
29.09
(3r) Issuance of approvals by department and by agents. (a) In issuing
24approvals under this section, the department may do any of the following for each
25type of approval:
AB100-engrossed,527,1
11. Directly issue the approvals.
AB100-engrossed,527,32
2. Appoint, as an agent of the department, the clerk of one or more counties to
3issue the approvals.
AB100-engrossed,527,54
3. Appoint persons who are not employes of the department to issue the
5approvals as agents of the department.
AB100-engrossed,527,76
(b) The clerk of each county appointed under par. (a) 2. may accept the
7appointment.
AB100-engrossed,527,108
(c) The department shall promulgate rules for each type of approval under this
9chapter that specify which persons appointed under par. (a) shall issue that type of
10approval.
AB100-engrossed,527,1211
(d) The department may promulgate rules regulating the activities of persons
12appointed under par. (a) 2. and 3.
AB100-engrossed,528,214
29.09
(4) Duplicates. If any license, permit, certificate or card is lost, the
15person to whom the license, permit, certificate or card was issued may apply to the
16department for a duplicate, submitting an affidavit proving loss.
The department
17may accept information in a form other than an affidavit. The department shall
18make an inquiry and investigation as it deems necessary. If the department is
19satisfied that the
facts are as stated in the affidavit loss has been proven, the
20department may issue a duplicate license, permit, certificate or card to the applicant.
21Back tags and other tags issued with a license, permit, certificate or card are parts
22of the license, permit, certificate or card and loss of any part is deemed to be loss of
23the entire license, permit, certificate or card. Upon applying for a duplicate
approval 24license, permit, certificate or card, the applicant shall surrender all parts of the
25original
approval remaining in his or her possession to the department. No duplicate
1stamp may be issued and if a stamp is lost, the person to whom it was issued is
2required to apply and pay the regular fee in order to receive a new stamp.
AB100-engrossed,528,125
29.09
(3m) (b)
Blanks. The department shall prepare, procure the printing of
6and supply all necessary blanks for approvals issued under this chapter and related
7applications
. Approval blanks and applications may be numbered consecutively, at
8the time of printing, in a separate series for each kind of approval. Each license blank
9shall be provided with a corresponding stub numbered with the serial number of the
10license. Each requisition for the printing of approval blanks shall specify any serial
11numbers to be printed on the blanks. The department or a county clerk may issue
12approvals only on blanks supplied by the department for approvals.
AB100-engrossed,528,1917
29.09
(8) Record of approvals issued. The department shall keep a complete
18record of all approvals issued.
The department is accountable for all unused
19approval blanks.
AB100-engrossed,528,2521
29.09
(8m) (b) A person holding a current fishing license
issued under this
22chapter and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll
23in the waters of this state using an electric motor with no more than 36 pounds of
24thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the
25use of motor boats on navigable waters.
AB100-engrossed,529,22
29.09
(9m) (a) 9. Sturgeon fishing permit.
AB100-engrossed,529,64
29.09
(9r) (c) Any fees collected under this subsection shall be deposited in the
5conservation fund and credited to the appropriation account under s. 20.370
(1) (Lu) 6(9) (hu).
AB100-engrossed,529,138
29.09
(10) (a)
Collection of issuing fee. A person authorized to issue Any person,
9including the department ,who issues any license or stamp
prescribed by under this
10chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee
11for each license and each stamp the person issued
. A person appointed under sub.
12(3r) (a) 2. or 3. may retain the amounts specified in par. (c) to compensate for services
13in issuing the license or stamp.
AB100-engrossed,529,1915
29.09
(10) (c) (title)
Nonpublic issuing Issuing agents. Deputies A person
16appointed
by county clerks, other than county employes, and deputies appointed by
17the department, other than state employes, are entitled to under sub. (3r) (a) 2. or
183. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee
19for stamps.