AB282: Bill Text

LRB-1963/1

MGG:mfd:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 282

April 11, 1997 - Introduced by Representatives R. Young, Baldwin, Boyle, Carpenter, Hanson, Riley and Ryba, cosponsored by Senator Moore. Referred to Committee on Natural Resources.

AB282,1,4 An Act to amend 23.50 (1), 23.50 (3), 23.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.) and 29.03 (5); and to create 29.59 (1) (eg), 29.59 (1) (er), 29.59 (4g), 29.602 and 29.99 (2m) of the statutes; relating to: steel jaw traps and snares, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Current rules promulgated by the department of natural resources (DNR) impose certain restrictions on the use of steel jaw traps and snares but do not ban their use. This bill prohibits the use of steel jaw traps and snares in the right-of-way of any public thoroughfare. The bill prohibits the use of these traps and snares in a city or village unless DNR uses them to destroy or remove a wild animal at the city's or village's request. Conversely, the bill authorizes the use of these traps and snares in a town unless their use would violate an ordinance enacted by the town to regulate or prohibit traps and snares.

The bill also limits the sale of steel jaw traps to persons who hold a trapping license or permit issued by DNR.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB282, s. 1 Section 1. 23.50 (1) of the statutes is amended to read:

AB282,2,13 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.783 [299.64] (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77.

AB282, s. 2 Section 2. 23.50 (3) of the statutes is amended to read:

AB282,2,22 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in ss. 23.51 (1), (3) and (8), 23.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such ordinances.

AB282, s. 3 Section 3. 23.53 (1) of the statutes is amended to read:

AB282,3,14 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77.

AB282, s. 4 Section 4. 23.56 (1) of the statutes is amended to read:

AB282,3,22 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) , 29.602 (2) (b) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB282, s. 5 Section 5. 23.57 (1) (intro.) of the statutes is amended to read:

AB282,4,4 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77; and:

AB282, s. 6 Section 6. 23.58 of the statutes is amended to read:

AB282,4,17 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB282, s. 7 Section 7. 23.62 (1) (intro.) of the statutes is amended to read:

AB282,4,25 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 29.602 (2) (b) or 30.77, the officer may proceed in the following manner:

AB282, s. 8 Section 8. 29.03 (5) of the statutes is amended to read:

AB282,5,4 29.03 (5) Any unlicensed or illegal trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare, or kill game; or any trap without a metal tag attached as required by law.

AB282, s. 9 Section 9. 29.59 (1) (eg) of the statutes is created to read:

AB282,5,6 29.59 (1) (eg) "Snare" has the meaning given in s. 29.602 (1) (b).

AB282, s. 10 Section 10. 29.59 (1) (er) of the statutes is created to read:

AB282,5,8 29.59 (1) (er) "Steel jaw trap" has the meaning given in s. 29.602 (1) (c).

AB282, s. 11 Section 11. 29.59 (4g) of the statutes is created to read:

AB282,5,13 29.59 (4g) Use of steel jaw traps and snares. (a) The department may use or authorize the use of a steel jaw trap or a snare to remove a wild animal that is causing damage or that is causing a nuisance in a city or village upon the request of the chief executive officer of the city or village.

AB282,5,16 (b) The department shall establish the period of time that the steel jaw trap or snare may be used. The period of time may not exceed 45 days, except that the department may grant an extension to the original period of time of up to 15 days.

AB282, s. 12 Section 12. 29.602 of the statutes is created to read:

AB282,5,18 29.602 Steel jaw traps and snares. (1) Definitions. In this section:

AB282,5,19 (a) "Highway" has the meaning given in s. 340.01 (22).

AB282,5,20 (b) "Snare" means a trap that consists of a noose that entangles an animal.

AB282,5,22 (c) "Steel jaw trap" means a spring-powered device or trap that captures or holds an animal by exerting a lateral force within its fix-mounted jaws.

AB282,5,25 (2) Restrictions on use. (a) Traps in cities and villages. No person may set, operate or otherwise use a steel jaw trap or a snare in a city or village unless its use has been authorized under s. 29.59 (4g).

AB282,6,2 (b) Traps in unincorporated areas. 1. Subject to subd. 2., a person may set, operate or otherwise use a steel jaw trap or a snare in a town.

AB282,6,4 2. A town board may enact and enforce ordinances prohibiting or otherwise regulating the use of steel jaw traps and snares.

AB282,6,6 (c) Traps along highways. No person may set, operate or otherwise use a steel jaw trap or a snare along the right-of-way of a highway under any circumstances.

AB282,6,9 (d) Posting requirements. 1. No person may set, operate or otherwise use a steel jaw trap or snare unless the person places a warning sign at the site of the steel jaw trap or snare.

AB282,6,11 2. The department shall promulgate rules establishing specifications for the warning signs required under subd. 1.

AB282,6,14 (3) Restrictions on sale. No person may sell a steel jaw trap unless the purchaser presents to the seller at the time of the sale an approval issued to the purchaser that authorizes the use of the type of trap being sold.

AB282, s. 13 Section 13. 29.99 (2m) of the statutes is created to read:

AB282,6,19 29.99 (2m) For a violation of s. 29.602 (2) (a), by a fine of not more than $1,000 or imprisonment for not more than 6 months or both. Each setting, operation or other use of a steel jaw trap or a snare in violation of s. 29.602 (2) (a) constitutes a separate violation.

AB282,6,20 (End)