AB100: Bill Text Engrossed

AB100-engrossed,524,14 29.01 (12r) "Self-contained fish rearing facility" means any of the following:

AB100-engrossed,524,16 (a) An artificial, self-contained body of water that is a fish farm or part of a fish farm.

AB100-engrossed,524,17 (b) A freeze-out pond for which a permit is issued under s. 29.521 (2).

AB100-engrossed, s. 960r Section 960r. 29.02 (3m) of the statutes is amended to read:

AB100-engrossed,524,20 29.02 (3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of farm-raised deer or farm-raised fish.

AB100-engrossed, s. 967m Section 967m. 29.087 of the statutes is created to read:

AB100-engrossed,525,3 29.087 Agreements to retire licenses. (1) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.

AB100-engrossed,525,9 (2) Notwithstanding sub. (1), an agreement entered into by the department before the effective date of this subsection .... [revisor inserts date], to make payments to persons holding commercial fishing licenses in exchange for the retirement of the licenses or for the permanent or temporary cessation of commercial fishing shall remain valid except that no moneys may be expended from the conservation fund to make payments under the agreement.

AB100-engrossed, s. 967n Section 967n. 29.087 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,525,18 29.087 (1) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not enter into any agreement to make payments to persons holding approvals issued under s. 29.134, 29.135, 29.136, 29.137, 29.165, 29.166, 29.17, 29.33, 29.34, 29.343, 29.344, 29.36, 29.37, 29.38, 29.52, 29.544, 29.547, 29.573, 29.574, 29.575, 29.578 or 29.585 in exchange for the retirement of the approval or for the temporary or permanent cessation of any activity authorized under the approval.

AB100-engrossed, s. 968 Section 968. 29.09 (1m) of the statutes is amended to read:

AB100-engrossed,526,8 29.09 (1m) Conditions and restrictions on licenses and other approvals. A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval. Except as provided under sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the county clerk or issuing agent or the department definite proof of his or her identity and that he or she is a resident. No more than one of the same series of approval may be issued to the same person in any year. Except as provided under s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person and no person while hunting, trapping or fishing may use or carry any approval issued to another person. No Except as authorized by rules promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person. No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).

AB100-engrossed, s. 969 Section 969. 29.09 (3) (a) of the statutes is amended to read:

AB100-engrossed,526,11 29.09 (3) (a) Date; expiration. Each license or stamp issued under this chapter shall state for what period the license or stamp is effective and the date of expiration.

AB100-engrossed, s. 970 Section 970. 29.09 (3m) of the statutes is created to read:

AB100-engrossed,526,15 29.09 (3m) Forms of approvals. (a) Department rules. The department shall promulgate rules regulating the issuance of approvals. The rules shall include all of the following:

AB100-engrossed,526,16 1. The signature requirements, if any, for each type of approval.

AB100-engrossed,526,18 2. The conditions, if any, under which a person may be issued an approval for another person.

AB100-engrossed,526,21 3. The authorized forms for stamps, which may include facsimiles, and the methods of attaching stamps to or imprinting stamps on other approvals issued under this chapter.

AB100-engrossed, s. 971 Section 971. 29.09 (3r) of the statutes is created to read:

AB100-engrossed,526,25 29.09 (3r) Issuance of approvals by department and by agents. (a) In issuing approvals under this section, the department may do any of the following for each type of approval:

AB100-engrossed,527,1 1. Directly issue the approvals.

AB100-engrossed,527,3 2. Appoint, as an agent of the department, the clerk of one or more counties to issue the approvals.

AB100-engrossed,527,5 3. Appoint persons who are not employes of the department to issue the approvals as agents of the department.

AB100-engrossed,527,7 (b) The clerk of each county appointed under par. (a) 2. may accept the appointment.

AB100-engrossed,527,10 (c) The department shall promulgate rules for each type of approval under this chapter that specify which persons appointed under par. (a) shall issue that type of approval.

AB100-engrossed,527,12 (d) The department may promulgate rules regulating the activities of persons appointed under par. (a) 2. and 3.

AB100-engrossed, s. 972 Section 972. 29.09 (4) of the statutes is amended to read:

AB100-engrossed,528,2 29.09 (4) Duplicates. If any license, permit, certificate or card is lost, the person to whom the license, permit, certificate or card was issued may apply to the department for a duplicate, submitting an affidavit proving loss. The department may accept information in a form other than an affidavit. The department shall make an inquiry and investigation as it deems necessary. If the department is satisfied that the facts are as stated in the affidavit loss has been proven, the department may issue a duplicate license, permit, certificate or card to the applicant. Back tags and other tags issued with a license, permit, certificate or card are parts of the license, permit, certificate or card and loss of any part is deemed to be loss of the entire license, permit, certificate or card. Upon applying for a duplicate approval license, permit, certificate or card, the applicant shall surrender all parts of the original approval remaining in his or her possession to the department. No duplicate stamp may be issued and if a stamp is lost, the person to whom it was issued is required to apply and pay the regular fee in order to receive a new stamp.

AB100-engrossed, s. 974 Section 974. 29.09 (5) of the statutes is renumbered 29.09 (3m) (b) and amended to read:

AB100-engrossed,528,12 29.09 (3m) (b) Blanks. The department shall prepare, procure the printing of and supply all necessary blanks for approvals issued under this chapter and related applications. Approval blanks and applications may be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license blank shall be provided with a corresponding stub numbered with the serial number of the license. Each requisition for the printing of approval blanks shall specify any serial numbers to be printed on the blanks. The department or a county clerk may issue approvals only on blanks supplied by the department for approvals.

AB100-engrossed, s. 975 Section 975. 29.09 (6) of the statutes is repealed.

AB100-engrossed, s. 976 Section 976. 29.09 (7) of the statutes is repealed.

AB100-engrossed, s. 977 Section 977. 29.09 (7m) of the statutes is repealed.

AB100-engrossed, s. 978 Section 978. 29.09 (8) of the statutes is amended to read:

AB100-engrossed,528,19 29.09 (8) Record of approvals issued. The department shall keep a complete record of all approvals issued. The department is accountable for all unused approval blanks.

AB100-engrossed, s. 979 Section 979. 29.09 (8m) (b) of the statutes is amended to read:

AB100-engrossed,528,25 29.09 (8m) (b) A person holding a current fishing license issued under this chapter and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters.

AB100-engrossed, s. 981 Section 981. 29.09 (9m) (a) 9. of the statutes is created to read:

AB100-engrossed,529,2 29.09 (9m) (a) 9. Sturgeon fishing permit.

AB100-engrossed, s. 982 Section 982. 29.09 (9r) (c) of the statutes is amended to read:

AB100-engrossed,529,6 29.09 (9r) (c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (Lu) (9) (hu).

AB100-engrossed, s. 983 Section 983. 29.09 (10) (a) of the statutes is amended to read:

AB100-engrossed,529,13 29.09 (10) (a) Collection of issuing fee. A person authorized to issue Any person, including the department ,who issues any license or stamp prescribed by under this chapter shall collect, in addition to the statutory license or stamp fee, an issuing fee for each license and each stamp the person issued. A person appointed under sub. (3r) (a) 2. or 3. may retain the amounts specified in par. (c) to compensate for services in issuing the license or stamp.

AB100-engrossed, s. 984 Section 984. 29.09 (10) (c) of the statutes is amended to read:

AB100-engrossed,529,19 29.09 (10) (c) (title) Nonpublic issuing Issuing agents. Deputies A person appointed by county clerks, other than county employes, and deputies appointed by the department, other than state employes, are entitled to under sub. (3r) (a) 2. or 3. may retain 50 cents of each issuing fee for licenses and 15 cents of each issuing fee for stamps.

AB100-engrossed, s. 985 Section 985. 29.09 (11) of the statutes is repealed.

AB100-engrossed, s. 986 Section 986. 29.09 (12) (a) of the statutes is amended to read:

AB100-engrossed,530,8 29.09 (12) (a) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding sub. (1m) and s. 29.14 (1) (a), the department and the county clerk of each county shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student or qualified member of the armed forces applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time undergraduate student in residence at a public or private college or university located in this state and offering a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the university of Wisconsin system. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service with the U.S. armed forces and that he or she is stationed in this state.

AB100-engrossed, s. 988 Section 988. 29.09 (12) (b) of the statutes is amended to read:

AB100-engrossed,530,13 29.09 (12) (b) Resident armed forces fishing license. An annual fishing license shall be issued by the department or a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.

AB100-engrossed, s. 990 Section 990. 29.09 (12) (c) of the statutes is amended to read:

AB100-engrossed,530,19 29.09 (12) (c) Resident armed forces small game hunting license. A small game hunting license shall be issued by the department or by a county clerk to any member of the U.S. armed forces applying for this license who exhibits proof that he or she is in active service with the armed forces and that he or she is a resident on furlough or leave.

AB100-engrossed, s. 993 Section 993. 29.09 (13) of the statutes is amended to read:

AB100-engrossed,530,25 29.09 (13) Stamps; artwork. The department shall may design and produce waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.

AB100-engrossed, s. 994e Section 994e. 29.092 (2) (em) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-engrossed,531,4 29.092 (2) (em) Resident wild turkey. The fee for a resident wild turkey hunting license is $10.25 $9.25.

AB100-engrossed, s. 994k Section 994k. 29.092 (2) (kd) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-engrossed,531,8 29.092 (2) (kd) Nonresident wild turkey. The fee for a nonresident wild turkey hunting license is $54.25 $53.25.

AB100-engrossed, s. 996 Section 996. 29.092 (3r) (b) of the statutes is amended to read:

AB100-engrossed,531,11 29.092 (3r) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (1) (is) (3) (is).

AB100-engrossed, s. 996m Section 996m. 29.092 (8) (title) of the statutes is amended to read:

AB100-engrossed,531,13 29.092 (8) (title) Bait dealer and fish hatchery licenses.

AB100-engrossed, s. 996n Section 996n. 29.092 (8) (c) of the statutes is repealed.

AB100-engrossed, s. 996p Section 996p. 29.092 (8) (d) of the statutes is repealed.

AB100-engrossed, s. 996q Section 996q. 29.092 (8) (e) of the statutes is repealed.

AB100-engrossed, s. 996r Section 996r. 29.092 (8) (f) of the statutes is repealed.

AB100-engrossed, s. 996t Section 996t. 29.092 (8m) of the statutes is created to read:

AB100-engrossed,531,20 29.092 (8m) Fish farm permits. The fee for a fish farm permit is the amount established under s. 29.521 (2) (f).

AB100-engrossed, s. 998 Section 998. 29.092 (13m) (a) of the statutes is amended to read:

AB100-engrossed,532,2 29.092 (13m) (a) The processing fee for an application for a hunter's choice deer hunting permit, a bonus deer hunting permit, a wild turkey hunting license, a Canada goose hunting permit, a sharp-tailed grouse hunting permit, a bobcat hunting and trapping permit, an otter trapping permit or, a fisher trapping permit or a sturgeon fishing permit is $2.75.

AB100-engrossed, s. 998b Section 998b. 29.092 (14) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-engrossed,532,12 29.092 (14) (a) Surcharge generally. In addition to the fees specified under subs. (2) (a) and (c) to (k) (kd), (3v) (a) 1. and (am) and (4) (a) and (am), a person who applies for a resident small game, resident wild turkey, resident deer, resident Class A or Class B bear, resident archer, nonresident annual small game, nonresident 5-day small game, nonresident wild turkey, nonresident deer, nonresident Class A or Class B bear, nonresident fur-bearing animal, nonresident archer license, resident sports license, or nonresident sports license shall pay a wildlife damage surcharge of $1.

AB100-engrossed, s. 998d Section 998d. 29.092 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB100-engrossed,532,17 29.092 (14) (b) Addition of surcharge. The wildlife damage surcharge shall be added to the fee provided in sub. (2) (a) or (c) to (k) (kd), (3v) (a) 1. or (am) or (4) (a), (am), (b) or (bn).

AB100-engrossed, s. 998m Section 998m. 29.092 (14) (c) of the statutes is amended to read:

AB100-engrossed,532,23 29.092 (14) (c) Use of surcharge fees. The wildlife damage surcharge shall be collected as are other approval fees and the surcharge fees shall be deposited in the conservation fund to be used for the wildlife damage abatement program, for the wildlife damage claim program, for wildlife abatement and control grants under s. 29.595 and for removal activities by the department under s. 29.59.

AB100-engrossed, s. 999 Section 999. 29.092 (16) of the statutes is amended to read:

AB100-engrossed,533,4 29.092 (16) Fees held in trust. All fees collected under this section for approvals issued under this chapter that are required to be remitted to the department shall be held in trust for the state. Any person who collects, possesses or manages fees for approvals acts in a fiduciary capacity for the state.

AB100-engrossed, s. 1000g Section 1000g. 29.093 (8) (title) of the statutes is amended to read:

AB100-engrossed,533,6 29.093 (8) (title) Bait dealer and fish hatchery licenses.

AB100-engrossed, s. 1000h Section 1000h. 29.093 (8) (a) (title) of the statutes is repealed.

AB100-engrossed, s. 1000i Section 1000i. 29.093 (8) (a) of the statutes is renumbered 29.093 (8).

AB100-engrossed, s. 1000j Section 1000j. 29.093 (8) (b) of the statutes is repealed.

AB100-engrossed, s. 1000L Section 1000L. 29.093 (8m) of the statutes is created to read:

AB100-engrossed,533,12 29.093 (8m) Fish farm permits. A fish farm permit, issued under s. 29.521 (2), is valid for 10 years after the date of issuance.

AB100-engrossed, s. 1001 Section 1001. 29.095 (2) of the statutes is amended to read:

AB100-engrossed,533,25 29.095 (2) A senior citizen recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license, a wild turkey hunting license, a wild turkey hunting stamp and a resident fishing license, subject to all duties, conditions, limitations and restrictions prescribed under this chapter and by department order. The card permits any A person may operate any vehicle, except a motor bus, as defined in s. 340.01 (31), having a card holder as an occupant to enter in any vehicle admission area under s. 27.01 (7) without having an admission sticker receipt affixed to it the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a card holder who can present the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.

AB100-engrossed, s. 1002 Section 1002. 29.10 of the statutes is amended to read: