SB146: Bill Text

SB146,21,12 29.519 (2) (a) Nonresident defined. In this section subsection, "nonresident" includes any individual who is not a resident, any individual applying for a license for use of nets on a boat registered or of record at a port outside of the state, or any partnership, association, corporation or limited liability company any of whose stock, boats, nets and fishing equipment has been owned by a nonresident at any time during the 2 years immediately prior to the application for a license.

Note: The defined term only appears in sub. (2) of s. 29.519. This paragraph is renumbered to ensure its correct position as a definition in accordance with current style.

SB146, s. 64 Section 64. 29.519 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 237, section 67, and 1997 Wisconsin Act 248, section 465, is amended to read:

SB146,22,5 29.519 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 65 Section 65. 29.522 of the statutes, as created by 1997 Wisconsin Act 237, is renumbered 29.734.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to locate the provision in the proper subchapter after the renumbering of ch. 29 by 1997 Wis. Act 248.

SB146, s. 66 Section 66. 29.563 (3) (a) 7. and 9. of the statutes, as created by 1997 Wisconsin Act 248, are amended to read:

SB146,22,11 29.563 (3) (a) 7. Annual fishing issued to a disabled person under s. 29.193 (3) (a) or (b): $6.25.

SB146,22,13 9. Annual fishing license issued to a disabled veteran under s. 29.219 (2) 29.193 (3) (c): $4.25.

Note: Inserts correct cross-reference.

SB146, s. 67 Section 67. 29.563 (7) (c) 1. of the statutes, as created by 1997 Wisconsin Act 248, is amended to read:

SB146,22,17 29.563 (7) (c) 1. Outlying waters license transfers under s. 29.519 (3) (2) (d): $25.

Note: Corrects cross-reference. There is no s. 29.519 (3). Outlying waters license transfers are under s. 29.519 (2) (d).

SB146, s. 68 Section 68. The treatment of 29.591 (title) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 4, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (title) and renumbered it to s. 29.591 (title).

SB146, s. 69 Section 69. The treatment of 29.591 (1) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 5, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (1) and renumbered it to s. 29.591 (1).

SB146, s. 70 Section 70. 29.591 (2) of the statutes, as affected by 1997 Wisconsin Act 197, section 7, and 1997 Wisconsin Act 248, section 420, is amended to read:

SB146,23,10 29.591 (2) Administration. program and bow hunter education program The department may appoint county, regional and statewide directors and categories of hunter education instructors necessary for the hunter education program and the bow hunter education program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

Note: The stricken language was inserted by 1997 Wis. Act 197, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 71 Section 71. The treatment of 29.591 (3) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 8, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (3) and renumbered it to s. 29.591 (3).

SB146, s. 72 Section 72. The treatment of 29.591 (4) (a) 1. and 2. of the statutes, as renumbered, by 1997 Wisconsin Act 197, sections 9 and 10, is not repealed by 1997 Wisconsin Act 248, sections 423 and 424. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (4) (a) 1. and 2. and renumbered it to s. 29.591 (4) (a) 1. and 2.

SB146, s. 73 Section 73. The treatment of 29.591 (4) (am) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 11, is not repealed by 1997 Wisconsin Act 248, section 425. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (4) (am) and renumbered it to s. 29.591 (4) (am).

SB146, s. 74 Section 74. The treatment of 29.593 (1) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 12, is not repealed by 1997 Wisconsin Act 248, section 427. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.226 (1) and renumbered it to s. 29.593 (1).

SB146, s. 75 Section 75. 29.593 (2) of the statutes, as affected by 1997 Wisconsin Act 197, section 14, and 1997 Wisconsin Act 248, section 427, is amended to read:

SB146,24,10 29.593 (2) A person who has evidence that is satisfactory to the department indicating that he or she has completed in another state a hunter safety course and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting for successfully completing the course of instruction the hunter education program.

Note: The stricken language was inserted by 1997 Wis. Act 197, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 76 Section 76. 29.607 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 71, and 1997 Wisconsin Act 248, section 594, is amended to read:

SB146,24,22 29.607 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 77 Section 77. 29.733 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 237, section 69, and 1997 Wisconsin Act 248, section 581, is amended to read:

SB146,25,7 29.733 (2) (a) The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 78 Section 78. 29.733 (2) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 237, section 70, and 1997 Wisconsin Act 248, section 581, is amended to read:

SB146,25,14 29.733 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 79 Section 79. 29.745 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 248, section 589, is amended to read:

SB146,25,18 29.745 (1) (b) Application for a permit shall be made on forms provided by to the department.

SB146,25,20 NOTE: The stricken language was rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 80 Section 80. 29.867 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 73, and 1997 Wisconsin Act 248, section 617, is amended to read:

SB146,26,10 29.867 (3) Upon issuance, subject to s. 29.024 (2g) and (2r), of the license, the department shall appoint one person, the licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to determine as accurately as possible the number of wild birds and animals of the desired species on the land at the time of the issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 30 days after the date of the determination as approved by the department, the licensee shall pay to the department a specified sum determined by the department for those species of wild birds and animals on the licensed premises that are desired for propagation purposes, the title of which is in the state. subject to s. 29.09 (11m) and (11r) issued

Note: The stricken language was inserted by 1997 Wis. Acts 191 and 237, but was rendered without effect by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r). The underscored language is inserted to give effect to the Acts 191 and 237 treatments.

SB146, s. 81 Section 81. 29.869 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 74, and 1997 Wisconsin Act 248, section 618, is amended to read:

SB146,26,18 29.869 (3) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and the applicant intends in good faith to establish and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, trap and deal in fur animals that are on the licensed premises.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 82 Section 82. 29.871 (4) of the statutes, as affected by 1997 Wisconsin Act 237, section 76, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,8 29.871 (4) If the applicant is the owner or lessee of the lands and the applicant intends in good faith to establish and maintain a deer farm, the department may inform the applicant that, as soon as the applicant has built a suitable deer fence around the premises to be included within the license, it will issue a license. The applicant shall install a deer-tight fence in accordance with specifications prescribed by the department. After the installation of the fence, the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, kill and sell the deer that are on the licensed premises. Section 29.09 (11m) and (11r) 29.024 (2g) and (2r) applies to the issuance of licenses under this subsection.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 83 Section 83. 29.871 (5) of the statutes, as affected by 1997 Wisconsin Act 237, section 77, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,13 29.871 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), if the licensee has not violated any of the provisions under which it was issued.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 84 Section 84. 29.871 (11) of the statutes, as affected by 1997 Wisconsin Act 191, section 32, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,28,5 29.871 (11) Each license and title to the deer in the issued enclosure shall be conditioned upon the licensee complying with this section and other statutes and rules relating to the maintenance of deer farms. In an action to revoke the license the court, in the judgment, shall provide that the title to all of the deer within the enclosure is forfeited to the state; that the licensed premises may not be used for a deer farm for a period of 5 years and until a new license has been issued by the department after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter the premises and open the fences and may drive the animals out of the enclosure; that the lands for which the license has been forfeited may be used by the owner for all lawful purposes except the propagating of deer; and that during the 5-year period hunting or trapping is prohibited on the land. The department shall post notices of the judgment at intervals of 55 yards around the entire premises.

Note: The stricken language was inserted by 1997 Wis. Acts 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 85 Section 85. 29.871 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 237, section 79, and 1997 Wisconsin Act 248, section 626, is amended to read:

SB146,28,11 29.871 (14) (am) Subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department may issue retail deer sale permits authorizing a person to sell at retail white-tailed deer venison from a deer lawfully killed under this section if the venison is inspected under s. 97.42.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 86 Section 86. 29.871 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 237, section 80, and 1997 Wisconsin Act 248, section 627, is amended to read:

SB146,28,20 29.871 (14) (b) (intro.) The department may issue a venison serving permit authorizing a person to serve venison obtained from a deer farm licensed under this section. The application for this permit shall be in the form and include the information the department requires. The department, the department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), may issue a venison serving permit conditioned as follows:

Note: The stricken "the department" was inserted by 1997 Wis. Act 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 87 Section 87. The treatment of 29.877 (3) of the statutes, as renumbered, by 1997 Wisconsin Act 191, section 36, is not repealed by 1997 Wisconsin Act 248, section 635. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.585 (3) and renumbered it to s. 29.877 (3).

SB146, s. 88 Section 88. 29.885 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 248, section 640, is amended to read:

SB146,29,8 29.885 (1) (f) Notwithstanding s. 29.01 (14) 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

Note: Section 29.01 (14) was renumbered to s. 29.001 (90) by 1997 Wis. Act 248.

SB146, s. 89 Section 89. The treatment of 29.934 (1) (d) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 114, is not repealed by 1997 Wisconsin Act 285, section 1. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.06 (1) (d) and renumbered it to s. 29.934 (1) (d).

SB146, s. 90 Section 90. The treatment of 29.971 (1) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 20. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1) (c) to s. 29.971 (1) (c).

SB146, s. 91 Section 91. The treatment of 29.971 (1m) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 21. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1m) (c) to s. 29.971 (1m) (c).

SB146, s. 92 Section 92. 29.989 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 248, section 728, is amended to read:

SB146,30,6 29.989 (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, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture where the payment of a natural resources restitution payment is required, the court shall impose a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.

Note: 1997 Wis. Act 248 deleted the underscored language without showing it as stricken and inserted the stricken language without showing it as underscored. No change was intended.

SB146, s. 93 Section 93. 30.71 (1) of the statutes is amended to read:

SB146,30,9 30.71 (1) In this section, "outlying waters" has the meaning given in s. 29.01 (11) 29.001 (63).

Note: Section 29.01 (11) was renumbered s. 29.001 (63) by 1997 Wis. Act 248.

SB146, s. 94 Section 94. 30.71 (2) of the statutes, as affected by 1997 Wisconsin Acts 248 and 330, is amended to read:

SB146,30,14 30.71 (2) No person may, while maintaining or operating any boat equipped with toilets on the waters of this state 29.001 (45) (63), dispose of any toilet wastes in any manner into the water.

Note: The stricken language was inserted by 1997 Wis. Act 248, but was rendered without effect by the treatment of this provision by 1997 Wis. Act 330.

SB146, s. 95 Section 95. 32.05 (1) (a) of the statutes, as affected by 1997 Wisconsin Acts 184 and 282, is amended to read:

SB146,31,14 32.05 (1) (a) Except as provided under par. (b), the a county board of supervisors or the a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 66.22 or 66.88 to 66.918, the secretary of transportation, a commission created by contract under s. 66.30, a joint local water authority created by contract under s. 66.0375, 66.0735, a housing authority under ss. 66.40 to 66.404, a local exposition district created under subch. II of ch. 229, a redevelopment authority under s. 66.431 or a community development authority under s. 66.4325 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

Note: Corrects transposed number inserted by 1997 Wis. Act 184. Section 66.0735 as created by Act 184 relates to joint local water authorities. There is no s. 66.0375. Inserts "a" for proper sentence agreement.

SB146, s. 96 Section 96. 35.84 (figure) line 22. (title) of the statutes is amended to read: