1999 Wisconsin Act 32

Note: Reconciles the treatment of this provision by 1997 Wis. Acts 191 and 248. Act 191 created s. 29.09 (11m) and inserted "(11m)" after "29.09" in this provision. Act 248 renumbered s. 29.09 to s. 29.024 without taking the creation of s. 29.09 (11m) into account. This bill renumbers s. 29.09 (11m) to be s. 29.024 (2g) for proper location within the section.

32,46 Section 46. 29.193 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 248, section 135, is amended to read:

29.193 (1) (a) The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under s. 29.171 (3) (4) (a) 2. or 4.

Note: Corrects cross-reference. 1997 Wis. Act 248 changed this cross-reference from s. 29.104 (4) to s. 29.171 (3), but renumbered s. 29.104 (4) to s. 29.171 (4).

32,47 Section 47. The treatment of 29.193 (1) (b) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 136, is not repealed by 1997 Wisconsin Act 249, section 3. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.09 (8m) (b) and renumbered it to s. 29.193 (1) (b).

32,48 Section 48. The treatment of 29.193 (2) (b) 1. of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 142, is not repealed by 1997 Wisconsin Act 249, section 5. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.09 (9) (b) and renumbered it to s. 29.193 (2) (b).

32,49 Section 49. 29.193 (2) (cr) 2. of the statutes, as affected by 1997 Wisconsin Act 248, section 142, and 1997 Wisconsin Act 249, section 13, is amended to read:

29.193 (2) (cr) 2. A Class A permit authorizes the holder to shoot or hunt from a stationary 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), 29.104 (2) and 29.117 (2) 29.164 (2) (b), 29.171 (2) and 29.216 (2).

Note: Corrects cross-references to reflect renumbering by 1997 Wis. Act 248.

32,50 Section 50. 29.193 (3) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 21, and 1997 Wisconsin Act 248, section 323, is amended to read:

29.193 (3) Fishing license for disabled persons. (intro.) The department shall issue, subject to s. 29.09 (11m) 29.024 (2g), an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

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

32,51 Section 51. The treatment of 29.197 (6) (a) of the statutes, as renumbered, by 1997 Wisconsin Act 195, section 3, is not repealed by 1997 Wisconsin Act 248, section 374. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.155 (2) (a) and renumbered it to s. 29.197 (6) (a).

32,52 Section 52. 29.216 (2) of the statutes, as affected by 1997 Wisconsin Act 248, section 279, and 1997 Wisconsin Act 249, section 33, is amended to read:

29.216 (2) Authorization. The nonresident archer hunting license authorizes the hunting of all game, except bear, wild turkey and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow. This license authorizes hunting with a bow and arrow only unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.09 (9) 29.193 (2).

Note: Section 29.09 (9) was renumbered s. 29.193 (2) by 1997 Wis. Act 248. The comma is deleted consistent with current style.

32,53 Section 53. The treatment of 29.229 (3) (a) of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 66e, is not repealed by 1997 Wisconsin Act 248, section 308. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.138 (3) (a) and renumbered it to s. 29.229 (3) (a).

32,54 Section 54. 29.229 (5m) (d) of the statutes, as affected by 1997 Wisconsin Act 191, section 20, and 1997 Wisconsin Act 248, section 308, is amended to read:

29.229 (5m) (d) Section 29.09 (11m) 29.024 (2g) does not apply to approvals issued under this section.

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

32,55 Section 55. 29.301 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 151, section 1, and 1997 Wisconsin Act 248, section 412, is amended to read:

29.301 (1) (b) No person may hunt within 1700 1,700 feet of any hospital, sanatorium or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.

Note: 1997 Wis. Act 248 inserted "1,700" without deleting "1700".

32,56 Section 56. The treatment of 29.327 (2) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 442, is not repealed by 1997 Wisconsin Act 249, section 36. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.27 (3) and renumbered it to s. 29.327 (2) (a).

32,57 Section 57. 29.334 of the statutes, as affected by 1997 Wisconsin Act 248, section 513, is amended to read:

29.334 Hunting and trapping; treatment of animals. A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the animal unless authorized under s. 29.857, 29.863, 28.867 29.867, 29.869, 29.871 or 29.877.

Note: Inserts the correct cross-reference.

32,58 Section 58. The treatment of 29.421 of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 82ag, is not repealed by 1997 Wisconsin Act 248, section 677. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 consolidated s. 29.62 (1) and (3), renumbered it to s. 29.421 and amended it.

32,59 Section 59. 29.501 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 65, and 1997 Wisconsin Act 248, section 288, is amended to read:

29.501 (3) Licenses shall be issued, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), by the department upon application. The form of application and license shall be prescribed by the department.

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

32,60 Section 60. The treatment of 29.519 (1) (b) of the statutes, as renumbered, by 1997 Wisconsin Act 189, section 1, is not repealed by 1997 Wisconsin Act 248, section 462. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.33 (1) and renumbered it to s. 29.519 (1).

32,61 Section 61. 29.519 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 248, section 462, is renumbered 29.519 (1) (d) 2. and amended to read:

29.519 (1) (d) 2. The application for the license shall be made to the department, accompanied by the fee specified in s. 29.563 (7). The application shall state the name, birthdate, description and address of the residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. "Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet.

Note: The stricken definition is moved to a separate provision consistent with current style. See the next section of this bill.

32,62 Section 62. 29.519 (1) (d) 1. of the statutes is created to read:

29.519 (1) (d) 1. In this paragraph, "overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet.

Note: Relocates definition in separate provision consistent with current style. See the previous section of this bill.

32,63 Section 63. 29.519 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 248, section 464, is renumbered 29.519 (2) (a) and amended to read:

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.

32,64 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:

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).

32,65 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.

32,66 Section 66. 29.563 (3) (a) 7. and 9. of the statutes, as created by 1997 Wisconsin Act 248, are amended to read:

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

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.

32,67 Section 67. 29.563 (7) (c) 1. of the statutes, as created by 1997 Wisconsin Act 248, is amended to read:

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).

32,68 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).

32,69 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).

32,70 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:

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.

32,71 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).

32,72 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.

32,73 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).

32,74 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).

32,75 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:

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.

32,76 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:

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).

32,77 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:

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).

32,78 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:

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).

32,79 Section 79. 29.745 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 248, section 589, is amended to read:

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