1997 Wisconsin Act 248

248,724 Section 724 . 29.996 of the statutes is renumbered 29.981.

248,725 Section 725 . 29.9965 of the statutes is renumbered 29.983, and 29.983 (1) (a) and (b) 1. and 4., as renumbered, are amended to read:

29.983 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping or possession of a wild animal specified in par. (b), or any part of such a wild animal, the court may impose a wild animal protection assessment that equals the amount specified for the wild animal under par. (b).

(b) 1. For any wild animal that is an endangered species protected under s. 29.415 and rules promulgated under s. 29.415 29.604, $875.

4. For any wildcat bobcat, fox, beaver or otter, $87.50.

248,726 Section 726 . 29.9967 of the statutes is renumbered 29.985, and 29.985 (1) (a) and (2), as renumbered, are amended to read:

29.985 (1) (a) If a court imposes a forfeiture under s. 29.283 (5) 29.404 (3), the court shall impose a fishing shelter removal assessment equal to the costs that should have been reimbursed under s. 29.283 (4) 29.404 (2).

(2) Use of fishing shelter removal assessments funds. All moneys collected from fishing shelter removal assessments shall be deposited in the fish and wildlife account in the conservation fund.

248,727 Section 727 . 29.997 of the statutes is renumbered 29.987, and 29.987 (1) (a) and (2), as renumbered, are amended to read:

29.987 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule 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.

(2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be deposited in the conservation fund and appropriated for use credited to the appropriation under s. 20.370 (3) (mu).

248,728 Section 728 . 29.998 of the statutes is renumbered 29.989, and 29.989 (1) (a) and (2), as renumbered, are amended to read:

29.989 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule 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.

(2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and appropriated for use under s. 20.370 (3) (mu).

248,729 Section 729 . 30.01 (4r) of the statutes is amended to read:

30.01 (4r) “Outlying waters" has the meaning designated given in s. 29.01 (11) 29.001 (63).

248,730 Section 730 . 30.12 (4) (a) of the statutes is amended to read:

30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29 29.601, 30.11, 30.123, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

248,731 Section 731 . 30.124 (2) of the statutes is amended to read:

30.124 (2) The department may use moneys available under s. 29.102 (2) (a) 29.191 (1) (b) 1. to engage in the activities described under sub. (1).

248,732 Section 732 . 30.202 (3) of the statutes is amended to read:

30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.29 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48,or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

248,733 Section 733 . 30.204 (5) of the statutes is amended to read:

30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.29 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95 or 299.97 or chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.

248,734 Section 734. 30.51 (2) (c) 2. of the statutes is amended to read:

30.51 (2) (c) 2. A federally documented vessel which is a commercial fishing boat licensed under s. 29.33 29.519.

248,735 Section 735 . 30.71 of the statutes is amended to read:

30.71 Boats equipped with toilets. No person may, while maintaining or operating any boat equipped with toilets on inland waters or outlying waters of this state, as defined in s. 29.01 (9) 29.001 (45) and (11) (63), dispose of any toilet wastes in any manner into the inland or outlying waters of this state. The department of commerce may promulgate rules necessary to carry out the purposes of this section.

248,736 Section 736 . 30.745 (1) (c) of the statutes is repealed.

248,737 Section 737 . 30.92 (1) (bn) of the statutes is repealed and recreated to read:

30.92 (1) (bn) “Inland water" has the meaning given in s. 29.001 (45).

248,738 Section 738 . 59.25 (3) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 29.983 for the wild animal protection assessment, the amounts required by s. 29.997 29.987 for the natural resources assessment surcharge, the amounts required by s. 29.9967 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 29.989 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

248,739 Section 739 . 59.40 (2) (m) of the statutes, as affected by 1997 Wisconsin Act 27, section 2163p, is amended to read:

59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 29.983 for the wild animal protection assessment, the amounts required under s. 29.997 29.987 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 29.989 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

248,740 Section 740 . 66.894 (2) of the statutes is amended to read:

66.894 (2) River and lake beds. (a) Except as provided in par. (b), the commission may lay, construct and maintain, without compensation to the state, any part of the sewerage system or of its works or appurtenances over, upon or under any part of the bed of any river or its branches flowing through the district, or of any land that has not been the subject of a state lake bed grant to a county in which a 1st class city is located and that is covered by any of the outlying waters, as defined in s. 29.01 (11) 29.001 (63).

(b) Nothing in ss. 66.88 to 66.918 authorizes the commission to lay or construct any part of the sewerage system after April 27, 1982, over, upon or under any land covered by any outlying waters, as defined in s. 29.01 (11) 29.001 (63), unless the commission first obtains the prior consent of both houses of the legislature and the governor.

248,741 Section 741 . 70.111 (3m) of the statutes is amended to read:

70.111 (3m) Charter sport fishing boats. Motorboats, and the equipment used on them, which are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in s. 29.01 (11) 29.001 (63), and the rivers and tributaries specified in s. 29.15 (1) 29.191 (5) (a) 1. and 2. if the owner and all operators are licensed under s. 29.165 29.512 or under s. 29.166 29.514 or both and by the U.S. coast guard to operate the boat for that purpose.

248,742 Section 742 . 70.113 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

70.113 (1) (intro.) As soon after April 20 of each year as is feasible the department of natural resources shall pay to the city, village, or town treasurer all of the following amounts from the following appropriations for each acre situated in the municipality of state forest lands, as defined in s. 28.02 (1), state parks under s. 27.01 and state public shooting, trapping or fishing grounds and reserves or refuges operated thereon, acquired at any time under s. 29.10, 1943 stats., s. 23.09 (2) (d) or 29.571 29.749 (1) or from the appropriations made by s. 20.866 (2) (tp) by the department of natural resources or leased from the federal government by the department of natural resources:

248,743 Section 743 . 70.113 (2) (a) of the statutes is amended to read:

70.113 (2) (a) Towns, cities or villages shall be paid for forest lands as defined in s. 28.02 (1), state parks under s. 27.01 and other lands acquired under s. 23.09 (2) (d), 23.27, 23.29, 23.293, 23.31 or 29.571 29.749 (1) located within such municipality and acquired after June 30, 1969. Such payments shall be made from the appropriation under s. 20.370 (5) (da) or (dq) and remitted by the department of natural resources in the amounts certified by the department of revenue according to par. (b).

248,744 Section 744 . 70.114 (1) (c) of the statutes is amended to read:

70.114 (1) (c) “Land" means state forests, as defined in s. 28.02 (1), that are acquired after December 31, 1991, state parks that are acquired after December 31, 1991, under s. 27.01 and other areas that are acquired after December 31, 1991, under s. 23.09 (2) (d), 23.091, 23.27, 23.29, 23.293, 23.31 or 29.571 29.749 (1).

248,745 Section 745 . 71.10 (5) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

71.10 (5) (a) 2. “Endangered resources program" means purchasing or improving land or habitats for any native Wisconsin endangered or threatened species as defined in s. 29.415 29.604 (2) (a) or (b) or for any nongame species as defined in s. 29.01 (10) 29.001 (60), conducting the natural heritage inventory program under s. 23.27 (3), conducting wildlife and resource research and surveys and providing wildlife management services, providing for wildlife damage control or the payment of claims for damage associated with endangered or threatened species, repaying the general fund for amounts expended under s. 20.370 (1) (fb) in fiscal year 1983-84 and the payment of administrative expenses related to the administration of this subsection.

248,746 Section 746 . 94.50 (5) of the statutes is amended to read:

94.50 (5) False information. No person may include false information on any document or record required under this section, or submit false information to the department in connection with a registration under sub. (2). No person may knowingly accept or retain a document or record required under this section that contains false information to facilitate the sale or shipment of ginseng in violation of this section or s. 29.547 29.611.

248,747 Section 747 . 114.10 of the statutes is amended to read:

114.10 Killing birds or animals. Any aeronaut or passenger, person who, while in flight within this state, intentionally kills or attempts to kill any birds or animals or who shoots at any bird or animal from an airplane aircraft is subject to the penalties provided under s. 29.99 29.971 (7).

248,748 Section 748 . 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

125.27 (2) (a) 1. (intro.) The department may issue a Class “B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) 29.001 (45) and (11) (63) if any of the following applies:

248,749 Section 749 . 125.51 (5) (c) 1. of the statutes is amended to read:

125.51 (5) (c) 1. The department may issue a “Class B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) 29.001 (45) and (11) (63) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.

248,750 Section 750 . 167.31 (1) (h) of the statutes is amended to read:

167.31 (1) (h) “Vehicle" has the meaning given under s. 340.01 (74), and includes a snowmobile, as defined under s. 340.01 (58a), except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle" has the meaning given for “motor vehicle" in s. 29.09 (9) (a) 4. 29.001 (57).

248,751 Section 751 . 167.31 (4) (b) of the statutes is amended to read:

167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific collector permit under s. 29.17 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

248,752 Section 752 . 167.31 (4) (c) of the statutes is amended to read:

167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a permit under s. 29.09 (9) 29.193 (2) (c) who is hunting from a stationary vehicle.

248,753 Section 753 . 167.31 (4) (cg) (intro.) of the statutes is amended to read:

167.31 (4) (cg) (intro.) A holder of a permit under s. 29.09 (9) 29.193 (2) (c) 1. who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

248,754 Section 754 . 167.31 (4) (cm) (intro.) of the statutes is amended to read:

167.31 (4) (cm) (intro.) For purposes of pars. (c) and (cg), the exemption from sub. (2) (b) under these paragraphs only applies to the firearm, bow or crossbow being used for hunting by the holder of the permit under s. 29.09 (9) 29.193 (2) (c) 1.

248,755 Section 755 . 167.31 (4) (cm) and (4m) of the statutes are amended to read:

167.31 (4) (cm) For purposes of pars. (c) and (cg), the exemption from sub. (2) (b) under these paragraphs only applies to the firearm, bow or crossbow being used for hunting by the holder of the permit under s. 29.09 (9) 29.193 (2) (c) 1.

(4m) Rules. The department of natural resources may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a permit issued under s. 29.09 (9) 29.193 (2) (c) 1. may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under s. 227.15 (1).

248,756 Section 756 . 174.01 (2) of the statutes is amended to read:

174.01 (2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.05 (8) 29.931 (2) (b), 95.21, 174.02 (3) or 174.046 (9), or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.

248,757 Section 757 . 181.297 (3) (a) 5. of the statutes is amended to read:

181.297 (3) (a) 5. Proceedings based upon a cause of action for which the volunteer is immune from liability under s. 29.59 29.885 (7), 146.31 (2) and (3), 146.37, 895.44, 895.48, 895.482, 895.51 or 895.52.

248,758 Section 758 . 283.87 (1) of the statutes is amended to read:

283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 29.601 or chs. 30, 31 , 281, 285 or 289 to 299, except s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

248,759 Section 759 . 347.06 (4) of the statutes is amended to read:

347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate a vehicle owned or leased by the department of natural resources upon a highway during hours of darkness without lighted headlamps, tail lamps or clearance lamps in the performance of the warden's duties under s. 29.05 (4) 29.924 (2).

248,760 Section 760 . 350.01 (5) of the statutes is amended to read:

350.01 (5) “Game" has the meaning designated given in s. 29.01 (5) 29.001 (33).

248,761 Section 761 . 480.08 (2m) (intro.) of the statutes is amended to read:

480.08 (2m) Examination not required. (intro.) Notwithstanding sub. (2) (e), the department shall register as an auctioneer under sub. (2) an individual who, not later than December 1, 1997, satisfies the requirements under sub. (2) (intro.) and (a) to (d); submits to the department a statement, signed by the individual, verifying that he or she has knowledge of the requirements for auctioneers under ss. 29.134 29.501, 402.328 and 406.108, subch. III of ch. 77, subch. VIII of ch. 218, this chapter, and all other state laws that include requirements for auctioneers; and submits evidence satisfactory to the department that he or she has done any of the following:

248,762 Section 762 . 814.60 (2) (d) of the statutes is amended to read:

814.60 (2) (d) Natural resources assessment imposed by s. 29.997 29.987; and

248,763 Section 763 . 814.60 (2) (e) of the statutes is amended to read:

814.60 (2) (e) Natural resources restitution payment imposed by s. 29.998 29.989.

248,764 Section 764 . 814.60 (2) (em) of the statutes is amended to read:

814.60 (2) (em) Wild animal protection assessment imposed by s. 29.9965 29.983.

248,765 Section 765 . 814.63 (3) (c) of the statutes is amended to read:

814.63 (3) (c) Natural resources assessment imposed by s. 29.997 29.987.