Amendment ASA1-AB26

LRBs0132/1

RPN:wlj:jf

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 26

June 9, 2005 - Offered by Representative Gunderson.

AB26-ASA1,1,3 An Act to renumber and amend 23.62 (2); to amend 23.54 (3) (k) and 23.55 (2) (c); and to create 23.62 (2) (b), 29.03 and 29.972 of the statutes; relating to: entering into the wildlife violator compact.

Analysis by the Legislative Reference Bureau

This substitute amendment allows the state to become a member of the wildlife violator compact, which is currently in effect in 18 states. Under the compact, if a person is arrested for violating a law that protects wildlife while he or she is in a state other than his or her state of residence, the person is given the same procedures to follow to comply with the citation as a resident of the issuing state is afforded. This includes the right to sign a recognizance stating that he or she will comply with the requirements of the citation, without being required to post bond or appear immediately before a court. The compact requires a member state to notify another member state when a resident of that other state has been issued a citation for a wildlife violation and has failed to comply with that citation. Under the compact, when a member state is notified of the noncompliance, the member state is required to notify the violator and initiate action to suspend the violator's license and approval privileges. The compact also requires member states to notify a violator's home state if the violator has been convicted of a wildlife violation, and the home state is required to treat that conviction as if it occurred in the violator's home state. The compact requires member states to make reports to other member states about wildlife convictions and suspension actions.

The substitute amendment creates a board to administer the compact; the board is composed of one representative of each state participating in the compact. The board holds meetings, elects officers, adopts bylaws, and may accept gifts, grants, and contracts for services. The compact also specifies how a state becomes a member of the compact and how it may withdraw from the compact.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB26-ASA1, s. 1 Section 1. 23.54 (3) (k) of the statutes is amended to read:

AB26-ASA1,2,5 23.54 (3) (k) Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or an arrest warrant and, if the violation is of ch. 29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s. 29.972.

AB26-ASA1, s. 2 Section 2. 23.55 (2) (c) of the statutes is amended to read:

AB26-ASA1,2,11 23.55 (2) (c) A notice that in case of failure to appear, judgment may be rendered against the defendant according to the demand of the complaint, or the court may issue a warrant for the defendant's arrest and, if the violation is of ch. 29, the person may be subject to suspension of all hunting, fishing, and trapping approvals under s. 29.972.

AB26-ASA1, s. 3 Section 3. 23.62 (2) of the statutes is renumbered 23.62 (2) (a) and amended to read:

AB26-ASA1,2,18 23.62 (2) (a) A If the defendant is a resident of this state, a citation may be issued or served anywhere in the state by delivering a copy to the defendant personally or it shall be served by leaving a copy at the defendant's usual place of abode with a person of discretion residing therein or by mailing a copy to the defendant's last-known address. It

AB26-ASA1,2,19 (c) A citation shall be issued or served by a law enforcement officer.

AB26-ASA1, s. 4 Section 4. 23.62 (2) (b) of the statutes is created to read:

AB26-ASA1,3,4 23.62 (2) (b) If the defendant is not a resident of this state, a citation may be issued or served anywhere in this state by delivering a copy to the defendant personally or by mailing a copy to the defendant's last-known address.

AB26-ASA1, s. 5 Section 5. 29.03 of the statutes is created to read:

AB26-ASA1,3,7 29.03 Wildlife violator compact. (1) Article I — Findings, declaration of policy, and purpose. (a) The participating states find all of the following:

AB26-ASA1,3,9 1. Wildlife resources are managed by the respective states for the benefit of all residents and visitors.

AB26-ASA1,3,12 2. The protection of wildlife resources of a state is materially affected by the degree of compliance with state laws, regulations, ordinances, resolutions, and administrative rules relating to the management of those resources.

AB26-ASA1,3,15 3. The preservation, protection, management, and restoration of wildlife resources contribute immeasurably to the aesthetic, recreational, and economic aspects of those natural resources.

AB26-ASA1,3,21 4. Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife resource preservation, protection, management, and restoration laws, regulations, ordinances, resolutions, and administrative rules of the participating states as a condition precedent to the continuance or issuance of any approval to hunt, fish, trap, or possess wildlife.

AB26-ASA1,3,23 5. Violation of wildlife resource laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

AB26-ASA1,3,25 6. The mobility of many violators necessitates the maintenance of channels of communication among the various states.

AB26-ASA1,4,2 7. Usually, if a person is cited for a wildlife violation in a state other than the person's home state, one or more of the following occur:

AB26-ASA1,4,4 a. The violator is required to post collateral or a bond to secure appearance for a trial at a later date.

AB26-ASA1,4,5 b. The violator is taken into custody until the collateral or bond is posted.

AB26-ASA1,4,6 c. The violator is taken directly to court for an immediate appearance.

AB26-ASA1,4,10 8. The purpose of the enforcement practices described in subd. 7. is to ensure compliance with the terms of a wildlife citation by the violator who, if permitted to continue on his or her way after receiving the citation, could return to his or her home state and disregard the terms of the citation.

AB26-ASA1,4,14 9. Usually, a person receiving a wildlife citation in his or her home state is permitted to accept the citation from the officer at the scene of the violation and immediately continue on his or her way after agreeing or being instructed to comply with the terms of the citation.

AB26-ASA1,4,18 10. The enforcement practices described in subd. 7. may cause unnecessary inconvenience and hardship for the violator who is unable at the time to post collateral, furnish a bond, stand trial, or pay a penalty, and thus is compelled to remain in custody until some alternative arrangement is made.

AB26-ASA1,4,20 11. The enforcement practices described in subd. 7. consume an undue amount of law enforcement time.

AB26-ASA1,4,21 (b) It is the policy of the participating states to do all of the following:

AB26-ASA1,4,24 1. Promote compliance with the laws, regulations, ordinances, resolutions, and administrative rules relating to management of wildlife resources in their respective states.

AB26-ASA1,5,3 2. Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat the suspension as if it had occurred in the home state.

AB26-ASA1,5,6 3. Allow a violator, except as provided in sub. (3) (b), to accept a wildlife citation and, without delay, proceed on his or her way, whether or not a resident of the state in which the citation was issued, if the violator's home state is party to this compact.

AB26-ASA1,5,9 4. Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against a violator whose home state was not the issuing state.

AB26-ASA1,5,12 5. Allow the home state to recognize and treat a conviction recorded against a resident, which occurred in a participating state other than the home state, as though the conviction had occurred in the home state.

AB26-ASA1,5,15 6. Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state.

AB26-ASA1,5,16 7. Maximize effective use of law enforcement personnel and information.

AB26-ASA1,5,17 8. Assist court systems in the efficient disposition of wildlife violations.

AB26-ASA1,5,18 (c) The purpose of this compact is to do all of the following:

AB26-ASA1,5,21 1. Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in par. (b) in a uniform and orderly manner.

AB26-ASA1,5,24 2. Provide for the fair and impartial treatment of violators in all participating states in recognition of the violator's right to due process and the sovereign status of a participating state.

AB26-ASA1,6,2 (2) Article II — Definitions. As used in this compact, unless the context requires otherwise:

AB26-ASA1,6,6 (a) "Citation" means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document that a wildlife officer or other peace officer issues to a person for a wildlife violation that contains an order requiring the person to respond.