1997 Wisconsin Act 248

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.

248,766 Section 766 . 814.63 (3) (d) of the statutes is amended to read:

814.63 (3) (d) Natural resources restitution payment imposed by s. 29.998 29.989.

248,767 Section 767 . 814.63 (3) (e) of the statutes is amended to read:

814.63 (3) (e) Wild animal protection assessment imposed by s. 29.9965 29.983.

248,768 Section 768 . 814.63 (3) (eg) of the statutes is amended to read:

814.63 (3) (eg) Fishing shelter removal assessment imposed by s. 29.9967 29.985.

248,769 Section 769 . 895.57 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.865, 29.867, 29.869 or 29.871 or designated as a wildlife refuge under s. 29.57 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

248,770 Section 770 . 938.343 (7) of the statutes is amended to read:

938.343 (7) If the violation is related to the unsafe use of firearms, order the juvenile to attend a course under the hunter education and firearm safety program under s. 29.225 29.591.

248,771 Section 771 . 941.20 (3) (b) 2. of the statutes is amended to read:

941.20 (3) (b) 2. Paragraph (a) does not apply to the holder of a permit under s. 29.09 (9) 29.193 (2) (c) who is hunting from a standing motor vehicle, as defined in s. 29.09 (9) (a) 4. 29.001 (57), in accordance with s. 29.09 (9) 29.193 (2).

248,772 Section 772 . 943.13 (4m) (a) and (b) of the statutes are amended to read:

943.13 (4m) (a) A person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under s. 29.59 29.885 (2), (3) or (4).

(b) A hunter entering land that is required to be open for hunting under s. 29.59 29.885 (4m) or 29.598 29.889 (7m).

248,773 Section 773 . 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.865, 29.867, 29.869 or 29.871 or designated as a wildlife refuge under s. 29.57 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

248,774 Section 774 . 946.13 (2) (g) of the statutes is amended to read:

946.13 (2) (g) Contracts with, or tax credits or payments received by, public officers or employes for wildlife damage claims or abatement under s. 29.598 29.889, for farmland preservation under subch. IX of ch. 71 and s. 91.13, soil and water resource management under s. 92.14, soil erosion control under s. 92.10, 1985 stats., animal waste management under s. 92.15, 1985 stats., and nonpoint source water pollution abatement under s. 281.65.

248,775 Section 775 . 948.55 (5) of the statutes is amended to read:

948.55 (5) Subsection (2) does not apply if the bodily harm or death resulted from an accident that occurs while the child is using the firearm in accordance with s. 29.227 29.304 or 948.60 (3).

248,776 Section 776 . 948.60 (3) (c) of the statutes is amended to read:

948.60 (3) (c) This section does not apply to a person under 18 years of age who possesses or is armed with a firearm having a barrel 12 inches in length or longer and who is in compliance with ss. 29.226 29.304 and 29.227 29.593. This section does not apply to an adult who transfers a firearm having a barrel 12 inches in length or longer to a person under 18 years of age who is in compliance with ss. 29.226 29.304 and 29.227 29.593.

248,777 Section 777 . 951.015 of the statutes is amended to read:

951.015 Construction and application. This chapter shall may not be interpreted as controverting any law regulating the taking of game a wild animal as defined in s. 29.01 (4) to (7) and (10) 29.001 (90), the trapping of animals, the use of live animals in dog trials or in the training of hunting dogs or the slaughter of animals by persons acting under state or federal law.

248,778 Section 778 . 968.20 (3) (a) of the statutes is amended to read:

968.20 (3) (a) First class cities shall dispose of dangerous weapons or ammunition seized 12 months after taking possession of them if the owner, authorized under sub. (1m), has not requested their return and if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the authorized rightful owner. If the return of a seized dangerous weapon other than a firearm is not requested by its rightful owner under sub. (1) and is not returned by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement agency to retain and use the motor vehicle. If the return of a seized firearm or ammunition is not requested by its authorized rightful owner under sub. (1) and is not returned by the officer under sub. (2), the seized firearm or ammunition shall be shipped to and become property of the state crime laboratories. A person designated by the department of justice may destroy any material for which the laboratory has no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratories have no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.06 29.934.

248,779 Section 779 . 968.20 (3) (b) of the statutes is amended to read:

968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.06 29.934.

248,780 Section 780 . 973.05 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965 29.983, any applicable natural resources assessment imposed by s. 29.997 29.987 and any applicable natural resources restitution payment imposed by s. 29.998 29.989 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

248,781 Section 781 . Effective date.

(1) This act takes effect on January 1, 1999.