2015 Wisconsin Act 89

(b) Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000.

89,105 Section 105. 29.964 (3) of the statutes is renumbered 29.964 (1m) (b) and amended to read:

29.964 (1m) (b) Shall Any person who violates par. (a) shall forfeit not less than $100 and not more than $1,000 and shall pay a natural resources restitution surcharge equal to the statutory fee for the approval which that was required and should have been obtained.

89,106 Section 106. 29.964 (3m) of the statutes is created to read:

29.964 (3m) Counterfeit and illegally obtained approvals. (a) For purposes of this subsection, "counterfeit" means produced without the consent or authorization of the department.

(b) No person may possess, buy, exhibit, use, transfer, sell, or offer for transfer or sale an approval or proof of an approval if any of the following apply:

1. The person knows that the approval or proof is counterfeit.

2. The person has illegally or erroneously obtained the approval or proof.

3. The approval has been suspended or revoked.

(c) Any person who violates par. (b) shall forfeit not less than $250 and not more than $2,000 and shall pay a natural resources restitution surcharge equal to the amount of the statutory fee for the approval that was required and that should have been obtained.

89,107 Section 107. 29.967 (1) (intro.) of the statutes is amended to read:

29.967 (1) (intro.) Any person who has had an approval or a privilege under this chapter revoked or suspended by a court and who engages in the activity authorized by the approval or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have an approval:

89,108 Section 108. 29.971 (2) (a) of the statutes is amended to read:

29.971 (2) (a) By a forfeiture of not more than $100 $1,000; and

89,109 Section 109. 29.971 (4) of the statutes is amended to read:

29.971 (4) For any violation of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100 $1,000.

89,110 Section 110. 29.971 (9) of the statutes is amended to read:

29.971 (9) For the violation of any statute or any department rule or order relating to the registration of any wild animal, by a forfeiture of not more than $100 $1,000.

89,111 Section 111. 29.971 (9m) of the statutes is amended to read:

29.971 (9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500 $1,000.

89,112 Section 112. 29.971 (11g) (a) of the statutes is amended to read:

29.971 (11g) (a) For hunting elk without a valid elk hunting license, for possessing an elk that does not have an a validated elk carcass tag attached, for possessing an elk during the closed season, by a fine of not less than $1,000 nor more than $15,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $20,000 or imprisonment for not more than one year or both for any subsequent violation. In addition, the court shall revoke all hunting and trapping approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting and trapping approvals under this chapter to the person for 5 years.

89,113 Section 113. 29.971 (11g) (b) of the statutes is amended to read:

29.971 (11g) (b) Except as provided under par. (a), for the violation of any provision of this chapter or rules promulgated under this chapter relating to elk hunting or to the violation validation of an elk carcass tag or registration of an elk, by a forfeiture of not more than $5,000.

89,114 Section 114. 29.971 (11m) (a) of the statutes is amended to read:

29.971 (11m) (a) For shooting, shooting at, killing, taking, catching, or possessing a bear without a valid Class A bear license, or for possessing a bear which that does not have a validated carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $10,000 or imprisonment for not more than 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years. This paragraph does not apply to a person who shoots at or kills a bear as authorized under s. 29.184 (3) (br) 4.

89,115 Section 115. 29.971 (12) of the statutes is amended to read:

29.971 (12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke or suspend any or all privileges and approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm or bow and arrow in violation of s. 940.08, 940.24 or 941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.

89,116 Section 116. 30.50 (3) of the statutes is amended to read:

30.50 (3) "Certificate of number" means the certificate of number certificate, certificate of number card, certification decal, and identification number issued by the department under the federally approved numbering system unless the context clearly indicates otherwise.

89,117 Section 117. 30.50 (3b) of the statutes is amended to read:

30.50 (3b) "Certification or registration documentation document" means a certificate of number certificate, certificate of number card, certification decal, registration certificate, registration card, temporary operating receipt, or registration decal.

89,118 Section 118. 30.50 (9f) of the statutes is created to read:

30.50 (9f) "Proof," when used in reference to evidence of a certification or registration document or safety certificate, means the original certification or registration document or safety certificate issued by the department or an agent appointed under s. 30.52 (1m) (a) 3. or any alternative form of proof designated by rule under s. 23.47 (1).

89,119 Section 119. 30.50 (13d) of the statutes is created to read:

30.50 (13d) "Temporary operating receipt" means a receipt issued by the department or an agent under s. 30.52 (1m) (ag) 1. a. that shows that an application and the required fees for a certificate of number or registration have been submitted to the department or an agent appointed under s. 30.52 (1m) (a) 3.

89,120 Section 120. 30.52 (1m) (a) (intro.) of the statutes is amended to read:

30.52 (1m) (a) Issuers. (intro.) For the issuance of original or duplicate certification or registration documentation documents, for the issuance of reprints under s. 23.47, and for the transfer or renewal of certification or registration documentation documents, the department may do any of the following:

89,121 Section 121. 30.52 (1m) (a) 1. of the statutes is amended to read:

30.52 (1m) (a) 1. Directly issue, transfer, or renew the certification or registration documentation documents with or without using the expedited service under par. (ag) 1. and directly issue reprints.

89,122 Section 122. 30.52 (1m) (a) 3. of the statutes is amended to read:

30.52 (1m) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the certification or registration documentation documents using the service under par. (ag) 1. and to issue reprints.

89,123 Section 123. 30.52 (1m) (ag) 1. of the statutes is renumbered 30.52 (1m) (ag) 1. (intro.) and amended to read:

30.52 (1m) (ag) 1. (intro.) For the issuance of original or duplicate certification or registration documentation documents and for the transfer or renewal of certification or registration documentation documents, the department may shall implement a either or both of the following procedures to be provided by the department and any agents appointed under par. (a) 3.:

b. A procedure under which the department or an agent appointed under par. (a) 3. accepts applications for certification or registration documentation documents and issues to each applicant all or some of the items of the certification or registration documentation documents at the time the applicant submits the application accompanied by the required fees.

89,124 Section 124. 30.52 (1m) (ag) 1. a. of the statutes is created to read:

30.52 (1m) (ag) 1. a. A procedure under which the department or an agent appointed under par. (a) 3. accepts applications for certification or registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.

89,125 Section 125. 30.52 (1m) (ag) 2. of the statutes is amended to read:

30.52 (1m) (ag) 2. Under the either procedure under subd. 1., the applicant shall receive be issued any remaining items of certification or registration documentation documents directly from the department at a later date. The items of Any certification or registration documentation document issued at the time of the submittal of the application under subd. 1. b. shall be sufficient to allow the boat for which the application is submitted to be operated in compliance with the registration requirements under this section and ss. 30.51 and 30.523.

89,126 Section 126. 30.52 (1m) (ar) of the statutes is amended to read:

30.52 (1m) (ar) Supplemental fees. In addition to the applicable fee under sub. (3), the department or the each agent appointed under par. (a) 3. who accepts an application to renew certification or registration documents in person shall collect an expedited service issuing fee of $5 50 cents and a transaction fee of 50 cents each time the expedited service under par. (ag) is provided the agent issues renewal certification or registration documents or a renewal temporary operating receipt under par. (ag) 1. or 2. The agent shall remit to the department $1 of each expedited service retain the entire amount of each issuance and transaction fee the agent collects.

89,127 Section 127. 30.52 (5) (a) 1. of the statutes is amended to read:

30.52 (5) (a) 1. Upon receipt of a proper application for the issuance or renewal of a certificate of number accompanied by the required fee, a sales tax report, the payment of any sales and use tax due under s. 77.61 (1), and any other information the department determines to be necessary, the department or an agent appointed under sub. (1m) (a) 3. shall issue to the applicant a temporary operating receipt or a certificate of number card and 2 certification decals shall be issued to the applicant using one of the procedures specified in sub. (1m) (ag) 1.

1m. The certificate of number card issued under this paragraph or sub. (1m) (ag) 2. shall state the identification number awarded, the name and address of the owner, and other information the department determines to be necessary. The certificate of number card shall be of pocket size and of durable water resistant material.

89,128 Section 128. 30.52 (5) (a) 2. of the statutes is amended to read:

30.52 (5) (a) 2. The department or an agent appointed under sub. (1m) (a) 3. shall issue 2 certification decals per boat for each application that involves the issuance of certification decals. The certification decals issued under this paragraph or sub. (1m) (ag) 2. shall bear the year of expiration of the current certification and registration period. The department shall provide the applicant with instructions concerning the attachment of the certification decals to the boat.

89,129 Section 129. 30.52 (5) (a) 3. of the statutes is amended to read:

30.52 (5) (a) 3. At the time the department or an agent appointed under sub. (1m) (a) 3. issues a certificate of number card, the department or agent shall award an identification number and shall provide the applicant with instructions concerning the painting or attachment of the awarded identification number to the boat. The identification number shall be awarded to a particular boat unless the owner of the boat is a manufacturer of or dealer in boats, motors, or trailers who has paid the fee under sub. (3) (im) and the identification number is used on that boat.

89,130 Section 130. 30.52 (5) (a) 4. of the statutes is amended to read:

30.52 (5) (a) 4. At the time a person receives the certification decals, the person shall be furnished department shall furnish the person with instructions concerning the attachment of the certification decals to the boat and with a copy of the state laws pertaining to operation of boats or informational material based on these laws.

89,131 Section 131. 30.52 (5) (b) 1. of the statutes is amended to read:

30.52 (5) (b) 1. Upon receipt of a proper application for the issuance or renewal of a registration accompanied by the required fee, a sales tax report, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department or an agent appointed under sub. (1m) (a) 3. shall issue to the applicant a temporary operating receipt or a registration card. and 2 registration decals shall be issued to the applicant using one of the procedures specified in sub. (1m) (ag) 1.

1g. The registration card issued under this paragraph or sub. (1m) (ag) 2. shall state the name and address of the owner and other information the department determines to be necessary. The registration card shall be of pocket size and of durable water resistant material.

89,132 Section 132. 30.52 (5) (b) 2. of the statutes is amended to read:

30.52 (5) (b) 2. The department or an agent appointed under sub. (1m) (a) 3. shall issue 2 registration decals per boat for each application that involves the issuance of registration decals. The registration decals issued under this paragraph or sub. (1m) (ag) 2. shall bear the year of expiration of the current certification and registration period. The department shall provide the applicant with instructions concerning the attachment of the registration decals to the boat.

89,133 Section 133. 30.52 (5) (b) 3. of the statutes is amended to read:

30.52 (5) (b) 3. At the time a person receives the registration decals, the department shall furnish the person shall be furnished with instructions concerning the attachment of the registration decals to the boat and with a copy of the state laws pertaining to the operation of boats or informational material based on these laws.

89,134 Section 134. 30.523 (1) (c) of the statutes is created to read:

30.523 (1) (c) Temporary operating receipt. If a boat is required to be covered by a certificate of number or registration and the owner has received a temporary operating receipt but not yet received the certificate of number card or registration card, the person operating the boat shall at all times have proof of the temporary operating receipt available for inspection on the boat.

89,135 Section 135. 30.577 (title) of the statutes is amended to read:

30.577 (title) Suspension or revocation of certificate of title, certificate of number, or registration .

89,136 Section 136. 30.577 (1) of the statutes is amended to read:

30.577 (1) The department shall suspend or revoke a certificate of title, certificate of number, or registration for a boat if it finds any of the following:

(a) The certificate of title, certificate of number, or registration was fraudulently procured, erroneously issued, or prohibited by law.

(b) The boat has been scrapped, dismantled, or destroyed.

(c) A transfer of title, certificate of number, or registration is set aside by a court by order or judgment.

89,137 Section 137. 30.577 (3) of the statutes is amended to read:

30.577 (3) When the department suspends or revokes a certificate of title, certificate of number, or registration, the owner or person in possession of the certificate or registration shall, within 5 days after receiving notice of the suspension or revocation, mail or deliver the certificate or registration to the department.

89,138 Section 138. 30.577 (4) of the statutes is amended to read:

30.577 (4) The department may seize and impound a certificate of title, certificate of number, or registration that is suspended or revoked.

89,139 Section 139. 30.678 (2m) of the statutes is created to read:

30.678 (2m) Proof of certificate. Any person who is required to hold a safety certificate issued under s. 30.74 (1) (a) while operating a motorboat shall carry proof that the person holds a valid safety certificate and shall display such proof to a law enforcement officer on request.

89,140 Section 140. 30.74 (1) (a) of the statutes is amended to read:

30.74 (1) (a) The department shall create establish a program of comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, including tribal schools, as defined in s. 115.001 (15m), private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses. The department shall prescribe the course content and the form of the certificate.

89,141 Section 141. 30.80 (1) of the statutes is amended to read:

30.80 (1) Any person violating any provision of ss. 30.50 to 30.80 for which a penalty is not provided under subs. (2) to (6) shall forfeit not more than $50 $500 for the first offense and shall forfeit not more than $100 $1,000 upon conviction of the same offense a 2nd or subsequent time within one year.

89,142 Section 142. 30.80 (3m) of the statutes is amended to read:

30.80 (3m) Any person violating s. 30.547 (1) , (3) or to (4) is guilty of a Class H felony.

89,143 Section 143. 350.01 (10b) of the statutes is created to read: