1997 Wisconsin Act 248

29.041 Department to regulate hunting and fishing in interstate waters. The department may regulate hunting and fishing on and in all interstate boundary waters, and outlying waters specified in s. 29.01 (9) and (11). Any act of the department in so regulating the hunting and fishing on and in such interstate boundary waters and outlying waters shall be valid, all other provisions of the statutes notwithstanding, provided such powers shall be exercised pursuant to and in accordance with ss. 23.09 (2) and 29.174.

Note: The 2nd sentence of current s. 29.085 is superfluous. The DNR is authorized to regulate hunting and fishing on interstate boundary waters and outlying waters and the statement in the 2nd sentence that those regulations are valid serves no purpose. There are no “other provisions" anywhere in the statutes that create doubt or negate the validity of the authority granted in the first sentence. The statement regarding exercising the authority pursuant to ss. 23.09 (2) and 29.174 adds nothing, because the DNR is obligated to comply with those statutes.

248,119 Section 119 . 29.087 (title) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.042 (title).

248,120 Section 120 . 29.087 (1) of the statutes, as affected by 1997 Wisconsin Act 27, section 967n, is renumbered 29.042 (1) and amended to read:

29.042 (1) Beginning on January 1, 1998, 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, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 29.501, 29.503, 29.506, 29.509, 29.512, 29.514, 29.519, 29.523, 29.526, 29.529, 29.531, 29.533, 29.537, 29.607, 29.611, 29.614, 29.865, 29.867, 29.869, 29.871 or 29.877 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.

248,121 Section 121 . 29.087 (2) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.042 (2).

248,122 Section 122 . 29.09 (title) of the statutes is repealed.

248,123 Section 123 . 29.09 (1) of the statutes is renumbered 29.024 (1) and amended to read:

29.024 (1) (title) License or other approval Approvals required for hunting, trapping or fishing. Except as specifically provided otherwise by s. 29.155 (1g) and (1h) or another section of in this chapter, no person may hunt any wild animal, or trap any game or in this state, fish for fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing or engaged in regulated activities unless otherwise required by another section of this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.

Note: Current s. 29.09 contains provisions relating to hunting, trapping and fishing licenses and other approvals, duties of county clerks, permits for disabled persons, processing fees, issuing fees, licenses for certain students and members of the armed forces and stamps.

This bill creates new sections of the statutes relating to approvals, forms and duties of county clerks and places the relevant portions of s. 29.09 in the new sections. The bill also makes the provisions relating to approvals and forms applicable to all approvals and forms issued under the chapter, rather than placing a cross-reference to these provisions in each individual license or permit statute as is currently the case.

248,124 Section 124 . 29.09 (1m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (2) and amended to read:

29.024 (2) (title) 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) s. 29.194 (1), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the 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 for the same hunting or fishing season in any year except as authorized by the department. Except as provided under s. 29.33 (2) (d) 29.519 (2) (d) or by rule, 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. 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, trapping, fishing or any other activity regulated by this chapter may be issued to any person who is prohibited from obtaining this type of an approval under s. 29.226 or 29.227 (1) (c) this chapter.

248,125 Section 125 . 29.09 (2) of the statutes is renumbered 29.024 (3).

248,126 Section 126 . 29.09 (3) (title) of the statutes is renumbered 29.024 (4) (title) and amended to read:

29.024 (4) (title) Form of license approval.

248,127 Section 127 . 29.09 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (4) (a) and amended to read:

29.024 (4) (a) Date; expiration. Each license or stamp approval issued under this chapter shall state for what period the license or stamp approval is effective and the date of expiration.

248,128 Section 128 . 29.09 (3) (b) of the statutes is renumbered 29.024 (4) (b) and amended to read:

29.024 (4) (b) Name; description; signature. Each license or permit issued shall state contain the name and residence address of the licensee holder, a description of the licensee holder and such other matter as may be determined information required by the department. Each license or permit shall, if required by the department under sub. (5) (a) 1., bear upon its face a true the signature of the licensee holder and the date of issuance and shall be signed by the issuing agent. All licenses shall be issued in English and in ink. Each stamp shall, if required by the department under sub. (5) (a) 1., bear upon its face the signature of the holder. The department may apply any of the requirements of this subsection to other forms or approvals.

248,129 Section 129 . 29.09 (3) (c) of the statutes is repealed.

Note: Current s. 29.09 (3) (c) provides:“29.09 (3) (c) Wild turkey hunting stamps. Each wild turkey hunting stamp shall bear upon its face a true signature of the person to whom it is issued.".

Note: The provision is repealed since provisions relating to stamps and signatures are combined in new subch. II, ch. 29.

248,130 Section 130 . 29.09 (3m) (title) and (a) of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 29.024 (5) (title) and (a).

248,131 Section 131 . 29.09 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (5) (b) and amended to read:

29.024 (5) (b) Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for applications and approvals issued under this chapter and related applications for approvals.

248,132 Section 132 . 29.09 (3r) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.024 (6).

248,133 Section 133 . 29.09 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (7) and amended to read:

29.024 (7) 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, by 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 considers necessary. If the department is satisfied that the 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 considered to be loss of the entire license, permit, certificate or card. Upon applying for a duplicate license, permit, certificate or card, the applicant shall surrender all parts of the original 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.

248,134 Section 134 . 29.09 (8) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (8).

248,135 Section 135 . 29.09 (8m) (title) and (a) of the statutes are renumbered 29.193 (1) (title) and (a) and amended to read:

29.193 (1) (title) Disabled persons; trolling Trolling permits. (a) After proper application, the The department shall, after due an investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under s. 29.104 (4) 29.171 (3) (a) 2. or 4.

248,136 Section 136 . 29.09 (8m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.193 (1) (b) and amended to read:

29.193 (1) (b) A person holding a current fishing license issued under this chapter and a trolling permit issued under par. (a) or a permit issued under sub. (9) (2) (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.

248,137 Section 137 . 29.09 (9) (title) of the statutes is renumbered 29.193 (2) (title) and amended to read:

29.193 (2) (title) Disabled persons; hunting Hunting permits.

248,138 Section 138 . 29.09 (9) (a) (intro.) and 1. of the statutes are renumbered 29.193 (2) (a) (intro.) and 1.

248,139 Section 139 . 29.09 (9) (a) 2. and 3. of the statutes are renumbered 29.193 (2) (a) 2. and 3. and amended to read:

29.193 (2) (a) 2. “Class A permit" means a permit issued to a person with a permanent physical disability which authorizes the permit holder to shoot or hunt from a stationary motor vehicle, to fish or troll as authorized under sub. (8m) (1) (b) and to hunt certain game with a crossbow as authorized under ss. 29.103 (2) (ar) 29.164 (2) (b) and 29.104 29.171 (2).

3. “Class B permit" means a permit issued to a person with a permanent or a temporary physical disability which allows the permit holder to shoot or hunt from a stationary motor vehicle that is parked off a highway, as defined under s. 340.01 (22), and parked more than 50 feet from the center of the roadway, as defined under s. 340.01 (54).

248,140 Section 140 . 29.09 (9) (a) 4. of the statutes is repealed.

248,141 Section 141 . 29.09 (9) (a) 5. of the statutes is renumbered 29.193 (2) (a) 5.

248,142 Section 142 . 29.09 (9) (b) to (e) of the statutes are renumbered 29.193 (2) (b) to (e), and 29.193 (2) (b) 1. and 2. and (d), as renumbered, are amended to read:

29.193 (2) (b) 1. After proper application, the The department shall, after due investigation and without charging a fee, issue a Class A, Class B or Class C permit to any person, as provided in this subsection.

2. An applicant shall submit an application on a form prepared and furnished by the department, as part of the application, which shall include a written statement or report prepared and signed by a licensed physician or licensed chiropractor, prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.

(d) Assistance. 1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who is has not authorized to hunt or carry a firearm, bow or crossbow been issued the appropriate approval is limited to field dressing, tagging and retrieving deer or other game for the permit holder.

2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow or crossbow unless authorized the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, bow or crossbow, identifying the deer or other game and field dressing, tagging and retrieving deer or other game for the permit holder.

248,143 Section 143 . 29.09 (9m) (title) of the statutes is renumbered 29.553 (title) and amended to read:

29.553 (title) Processing fees for applications for certain approvals fee.

248,144 Section 144 . 29.09 (9m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.553 (1) (intro.) and amended to read:

29.553 (1) (intro.) Except as provided in par. (c) sub. (3), if the department issues any of the following approvals, a nonrefundable processing fee, in addition to any other fee imposed under s. 29.092 29.563, shall be collected for each application for such an approval:

248,145 Section 145 . 29.09 (9m) (a) 1. to 7. of the statutes are renumbered 29.553 (1) (a) to (g).

248,146 Section 146 . 29.09 (9m) (a) 8. of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.553 (1) (h).

248,147 Section 147 . 29.09 (9m) (a) 9. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 29.553 (1) (i).

248,148 Section 148 . 29.09 (9m) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.553 (2) and amended to read:

29.553 (2) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under s. 29.1075 29.181 (2) or (2m), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.

248,149 Section 149 . 29.09 (9m) (c) of the statutes, as created by 1997 Wisconsin Act 1, is renumbered 29.553 (3) and amended to read:

29.553 (3) The department may waive the processing fee for the approvals specified in par. (a) 1., 1m. and 3. to 7. sub. (1) (a), (am) and (c) to (g) for persons who apply for or are holders of resident conservation patron licenses and nonresident conservation patron licenses.

248,150 Section 150 . 29.09 (9r) (title), (a) and (b) of the statutes are renumbered 29.556 (title), (1) and (2) and amended to read:

29.556 (title) Handling fees for applications for certain approvals fee. (1) In addition to any other fee imposed under s. 29.092 29.563, the department may collect a handling fees fee for the approvals that the department itself issues. The handling fees shall cover the costs associated with paying for approvals that are requested by mail, telephone or electronic means.

(2) If the department collects a handling fees fee under par. (a) sub. (1), it shall promulgate rules to designate the approvals to which the fees shall apply fee applies and to establish the amounts of the fees fee. The fees fee may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, “handling costs" includes the costs associated with paying for approvals that are requested by mail, telephone or electronic means and includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.

248,151 Section 151 . 29.09 (9r) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.556 (3) and amended to read:

29.556 (3) Any fees collected under this subsection section shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hu).

248,152 Section 152 . 29.09 (10) (title) of the statutes is renumbered 29.559 (title) and amended to read:

29.559 (title) Issuing fee required.

248,153 Section 153 . 29.09 (10) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.559 (1) and amended to read:

29.559 (1) Collection of issuing fee. Any person, including the department, who issues any license or stamp 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) s. 29.024 (6) (a) 2. or 3. may retain the amounts specified in par. (c) sub. (3) to compensate for services in issuing the license or stamp.

248,154 Section 154 . 29.09 (10) (am) of the statutes is renumbered 29.559 (1m) and amended to read:

29.559 (1m) Collection of issuing fee for certain approval applications. A person authorized to distribute an application under sub. (9m) s. 29.553 shall collect, in addition to the processing fee, an issuing fee for each application.

248,155 Section 155 . 29.09 (10) (b) of the statutes is renumbered 29.559 (2).

248,156 Section 156 . 29.09 (10) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.559 (3) and amended to read:

29.559 (3) Issuing agents. A person appointed under sub. (3r) s. 29.024 (6) (a) 2. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.

Note: Current statutes relating to authorizing processing fees, handling fees and issuing fees for hunting, fishing and other approvals are placed in the subchapter VII relating to fees and effective periods for approvals.

248,157 Section 157 . 29.09 (12) (title) of the statutes is repealed.

248,158 Section 158 . 29.09 (12) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (1) and amended to read:

29.194 (1) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding sub. (1m) and s. 29.14 ss. 29.024 (2) and 29.228 (1) (a), the department 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 University of Wisconsin system 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.

248,159 Section 159 . 29.09 (12) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (2).

248,160 Section 160 . 29.09 (12) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.194 (3).

Note: The bill renumbers the current provisions relating to issuing certain hunting licenses to students and members of the armed forces.

248,161 Section 161 . 29.09 (13) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.024 (10).

Note: This provision is placed in new s. 29.024, relating to the DNR's duties to develop and provide forms for approvals.

248,162 Section 162 . 29.092 (title) and (1) to (3m) of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, are repealed.

Note: Current s. 29.092, relating to fees for hunting, fishing and other approvals, is repealed except for a provision relating to holding fees in trust. New s. 29.563 contains the current fee schedule in a revised and simplified format that specifies, for each category or type of approval, the current fee, as affected by 1997 Wisconsin Acts 1 and 27.

248,163 Section 163 . 29.092 (3r) (title) of the statutes is renumbered 29.564 (title).

248,164 Section 164 . 29.092 (3r) (a) of the statutes is renumbered 29.564 (1) and amended to read:

29.564 (1) Any applicant for a fishing license under sub. (3) (a) to (m) s. 29.563 (3) (a) to (c) may, in addition to paying any fee charged for the license, elect to make a voluntary $1 contribution to be used for lake research.

248,165 Section 165 . 29.092 (3r) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.564 (2) and amended to read:

29.564 (2) All moneys collected under par. (a) sub. (1) shall be deposited into the account under s. 20.370 (3) (is).

248,166 Section 166 . 29.092 (3v) to (13m) and (14) (title), (a), (am) and (b) of the statutes, as affected by 1997 Wisconsin Acts 1 and 27, are repealed.