Amendment SSA1-SB33

LRBs0135/1

RPN:wlj:rs

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 33

June 9, 2005 - Offered by Senator Leibham.

SB33-SSA1,1,3 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:

SB33-SSA1, s. 1 Section 1. 23.54 (3) (k) of the statutes is amended to read:

SB33-SSA1,2,5 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.

SB33-SSA1, s. 2 Section 2. 23.55 (2) (c) of the statutes is amended to read:

SB33-SSA1,2,11 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.

SB33-SSA1, s. 3 Section 3. 23.62 (2) of the statutes is renumbered 23.62 (2) (a) and amended to read:

SB33-SSA1,2,18 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

SB33-SSA1,2,19 (c) A citation shall be issued or served by a law enforcement officer.

SB33-SSA1, s. 4 Section 4. 23.62 (2) (b) of the statutes is created to read:

SB33-SSA1,3,4 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.

SB33-SSA1, s. 5 Section 5. 29.03 of the statutes is created to read:

SB33-SSA1,3,7 29.03 Wildlife violator compact. (1) Article I — Findings, declaration of policy, and purpose. (a) The participating states find all of the following:

SB33-SSA1,3,9 1. Wildlife resources are managed by the respective states for the benefit of all residents and visitors.

SB33-SSA1,3,12 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.

SB33-SSA1,3,15 3. The preservation, protection, management, and restoration of wildlife resources contribute immeasurably to the aesthetic, recreational, and economic aspects of those natural resources.

SB33-SSA1,3,21 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.

SB33-SSA1,3,23 5. Violation of wildlife resource laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

SB33-SSA1,3,25 6. The mobility of many violators necessitates the maintenance of channels of communication among the various states.

SB33-SSA1,4,2 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:

SB33-SSA1,4,4 a. The violator is required to post collateral or a bond to secure appearance for a trial at a later date.

SB33-SSA1,4,5 b. The violator is taken into custody until the collateral or bond is posted.

SB33-SSA1,4,6 c. The violator is taken directly to court for an immediate appearance.

SB33-SSA1,4,10 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.

SB33-SSA1,4,14 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.

SB33-SSA1,4,18 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.

SB33-SSA1,4,20 11. The enforcement practices described in subd. 7. consume an undue amount of law enforcement time.

SB33-SSA1,4,21 (b) It is the policy of the participating states to do all of the following:

SB33-SSA1,4,24 1. Promote compliance with the laws, regulations, ordinances, resolutions, and administrative rules relating to management of wildlife resources in their respective states.

SB33-SSA1,5,3 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.

SB33-SSA1,5,6 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.

SB33-SSA1,5,9 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.

SB33-SSA1,5,12 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.

SB33-SSA1,5,15 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.

SB33-SSA1,5,16 7. Maximize effective use of law enforcement personnel and information.

SB33-SSA1,5,17 8. Assist court systems in the efficient disposition of wildlife violations.

SB33-SSA1,5,18 (c) The purpose of this compact is to do all of the following:

SB33-SSA1,5,21 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.

SB33-SSA1,5,24 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.

SB33-SSA1,6,2 (2) Article II — Definitions. As used in this compact, unless the context requires otherwise:

SB33-SSA1,6,6 (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.

SB33-SSA1,6,9 (b) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with a citation issued by a wildlife officer or other peace officer for a wildlife violation.

SB33-SSA1,6,12 (c) "Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or tribunal or through the payment of fines, costs, and surcharges, if any.

SB33-SSA1,6,19 (d) "Conviction" means a conviction, including any court conviction, for any offense related to the preservation, protection, management, or restoration of wildlife that is prohibited by state law, regulation, ordinance, resolution, or administrative rule. "Conviction" shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed the offense, the payment of a penalty assessment or surcharge, a plea of no contest, and the imposition of a deferred or suspended sentence by a court.

SB33-SSA1,6,20 (e) "Court" means a court of law, including municipal court.

SB33-SSA1,6,21 (f) "Home state" means the state of primary residence of a violator.

SB33-SSA1,6,23 (g) "Issuing state" means the participating state that issues a wildlife citation to the violator.

SB33-SSA1,7,2 (h) "License" means any approval, license, permit, or other public document that conveys to a person the privilege of pursuing, possessing, or taking any wildlife regulated by law, regulation, ordinance, resolution, or administrative rule of a participating state.

SB33-SSA1,7,6 (i) "Licensing authority" means the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife. In this state, the licensing authority is the department.

SB33-SSA1,7,8 (j) "Participating state" means any state that enacts legislation to become a member of this wildlife compact.

SB33-SSA1,7,11 (k) "Personal recognizance" means an agreement a person makes at the time of issuance of the wildlife citation that the person will comply with the terms of the citation.

SB33-SSA1,7,14 (L) "State" means any state, territory, or possession of the United States, and includes the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and all other countries.

SB33-SSA1,7,17 (m) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license.

SB33-SSA1,7,19 (n) "Terms of the citation" means those conditions and options expressly stated upon the citation.

SB33-SSA1,7,20 (o) "Violator" means a person who commits a wildlife violation.

SB33-SSA1,7,25 (p) "Wildlife" means all species of wild animals that are protected or otherwise regulated by law, regulation, ordinance, resolution, or administrative rule in a participating state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on the law of the participating state.

SB33-SSA1,8,3 (q) "Wildlife law" means any law, regulation, ordinance, resolution, or administrative rule developed and enacted for the management and use of wildlife resources.

SB33-SSA1,8,5 (r) "Wildlife officer" means any individual authorized by a participating state to issue a citation for a wildlife violation.

SB33-SSA1,8,8 (s) "Wildlife violation" means any cited violation of a law, regulation, ordinance, resolution, or administrative rule developed and enacted for the management and use of wildlife resources.

SB33-SSA1,8,14 (3) Article III — Procedures for issuing state. (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any violator whose primary residence is in a participating state in the same manner as though the violator were a resident of the issuing state and shall not require the violator to post collateral to secure appearance, subject to par. (b), if the officer receives the recognizance of the violator that he or she will comply with the terms of the citation.

SB33-SSA1,8,15 (b) Personal recognizance is acceptable if both of the following apply:

SB33-SSA1,8,16 1. Personal recognizance is not prohibited by local law or the compact manual.

SB33-SSA1,8,17 2. The violator provides adequate proof of identification to the wildlife officer.

SB33-SSA1,8,24 (c) Upon conviction or failure of a violator to comply with the terms of a citation issued for a wildlife violation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.

SB33-SSA1,9,4 (d) Upon receipt of the report of conviction or noncompliance under par. (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.

SB33-SSA1,9,12 (4) Article IV — Procedure for home state. (a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded.

SB33-SSA1,9,16 (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and shall treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges.

SB33-SSA1,9,18 (c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.