AB651: Bill Text

Under current law, a man is presumed to be the natural father of a child if he was married to the child's mother when the child was conceived or born or if he and the child's mother married after the child's birth but had a relationship during the period of time within which the child was conceived. In a paternity action, if genetic tests show that a man alleged to be the father is not excluded as the father and that the probability that he is the father is 99.0% or more, that man is presumed to be the father. This bill provides that a presumption of paternity that arises on the basis of marriage is rebutted in a legal action or proceeding by results of a genetic test that show that a man other than the one presumed to be the father is not excluded as the father and that the statistical probability that the man is the father is 99.0% or higher, even if the man who is presumed to be the father on the basis of marriage is unavailable to submit to genetic tests.

Miscellaneous paternity and support changes

Under current law, an order for child or family support or maintenance is an automatic assignment of wages or other earnings to the clerk of court. When a support or maintenance order is entered, the court must send notice of the assignment by regular mail to a payer's employer or other person who owes the payer money, requiring withholding of the amount provided in the support order. The support and withholding orders may be expressed as a fixed sum, as a percentage of income or as both in the alternative, requiring payment of the greater or lesser amount. If the payer is entitled to unemployment compensation, however, the order to withhold benefits must be for an amount certain.

This bill authorizes the court to send notice of assignment by facsimile machine or other electronic means in addition to regular mail. Orders for the withholding of unemployment compensation may be expressed as a fixed sum, as a percentage of benefits payable or as both in the alternative, requiring payment of the greater or lesser amount. Notices of assignment for withholding must include the information that the maximum amount withheld may not exceed the maximum amount that is subject to garnishment under federal law.

Under current law, if the petitioner in a paternity action fails to appear at a pretrial hearing or at the trial, the court may dismiss the action. If the respondent in a paternity action is the alleged father and he fails to appear for a court-ordered genetic test or a hearing at which an appearance is required, the court must adjudicate the respondent to be the father. The bill provides that, if the mother of the child in a paternity action fails to appear for a court-ordered genetic test or a hearing at which an appearance is required, the court may adjudicate the alleged father, or the man who alleges that he is the father, to be the father of the child if there is sufficient evidence for such a finding.

Under current law, tax returns are open to examination by state employes for the purpose of administering the child and spousal support program. The purpose of that program, which is administered by DWD, is to establish paternity and to establish, revise if appropriate and enforce support obligations. This bill provides that employes of county child support agencies may also examine tax returns for the purpose of administering the child and spousal support program. The county child support agencies administer the program at the local level.

This bill makes 3 changes to the paternity statutes. Under current law, a court must order genetic tests in a paternity matter upon the request of a party if there is probable cause to believe that any of the males in the action had sexual intercourse with the child's mother at the possible time of conception. Probable cause may be shown by a sufficient petition or affidavit of the mother. This bill adds that probable cause may also be shown by a sufficient petition or affidavit of an alleged father or by sworn testimony of the mother or an alleged father. Under current law, a court may not make a temporary order for support, legal custody or physical placement in a paternity matter unless the alleged father has been adjudicated to be the father, or unless the alleged father is presumed to be the father because he and the child's mother married after the birth of the child but had a relationship during the time in which the child was conceived or because he and the child's mother were married when the child was conceived or born but have since divorced. This bill provides that the court must make a temporary order for child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses, upon the motion of a party, if genetic tests do not exclude the alleged father and show that the statistical probability of his parentage is 99% or higher. The bill also provides that bills for articles or services related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are sufficient evidence in themselves to show those expenses.

Under current law, interest of 1.5% per month accrues on child support that is not paid on time, beginning on the first day of the 2nd month after the month in which the payment was due. This bill changes the time at which the interest begins to accrue to the first day of the 4th month beginning after the month in which the payment was due.

Under current law, a person who requests a 2nd or subsequent series of genetic tests in a paternity action may be required to pay for the tests in advance. The bill provides that the judge or family court commissioner hearing the matter must require the person to pay for the tests in advance unless the judge or family court commissioner finds the person to be indigent.

The bill makes a few other minor changes to the child support statutes, including: requiring the addition of children's social security numbers to petitions filed in actions affecting the family (currently only the parties' social security numbers are required), requiring child support that is received to be credited first to the payment of support that is due within the calendar month during which it is received (currently support received is credited first to the payment of support that is due within the calendar month during which it is withheld from income), requiring persons (usually employers) who withhold child support from a payer's income to report to the clerk of court the gross amount of income from which the child support was withheld and providing that support under an existing order for a child who is later placed in a state institution is assigned to the state (currently the statutes provide that a court may order that support be paid to the institution if the child is in an institution when the support is first ordered).

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:

AB651, s. 1 Section 1. 13.63 (1) of the statutes is amended to read:

AB651,18,11 13.63 (1) Licenses. An application for a license to act as a lobbyist may be obtained from and filed with the board. An applicant shall include his or her social security number on the application. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year. No The board shall not issue a license to an applicant who does not provide his or her social security number. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No other application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under s. 13.69 (4) or an application by a lobbyist whose license has been revoked under s. 13.69 (7) and only for the period of such ineligibility or revocation. Denial Except with respect to a license that is denied or suspended pursuant to a memorandum of understanding entered into under s. 49.857, denial or suspension of a license may be reviewed under ch. 227.

AB651, s. 2 Section 2. 13.64 (1) (a) of the statutes is amended to read:

AB651,18,16 13.64 (1) (a) If the principal is an individual, the name and address of the individual's employer, if any, or the individual's principal place of business if self-employed, and a description of the business activity in which the individual or the individual's employer is engaged and the individual's social security number.

AB651, s. 3 Section 3. 13.64 (2) of the statutes is amended to read:

AB651,19,10 13.64 (2) The registration shall expire on December 31 of each even-numbered year. The board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

AB651, s. 4 Section 4. 19.36 (7) (b) of the statutes is amended to read:

AB651,19,20 19.36 (7) (b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant. This paragraph does not apply to a request under s. 49.22 (2m) for access to a record by the department of workforce development or a county child support agency under s. 59.53 (5).

AB651, s. 5 Section 5. 19.55 (2) (intro.) of the statutes is amended to read:

AB651,19,25 19.55 (2) (intro.) The Except as requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5), the following records in the board's possession are not open for public inspection:

AB651, s. 6 Section 6. 19.55 (2) (d) of the statutes is created to read:

AB651,20,5 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of workforce development for purposes of administration of s. 49.22.

AB651, s. 7 Section 7. 20.445 (1) (L) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651,20,11 20.445 (1) (L) (title) Fees Child support-related fees. All moneys received from fees charged to counties under ss. 49.22 (8) and 108.13 (4) (f) and all moneys received under s. 49.854 (11) (b) for administrative costs incurred in the enforcement of child and spousal support obligations under 42 USC 654.

AB651, s. 8 Section 8. 20.445 (3) (k) of the statutes is created to read:

AB651,20,16 20.445 (3) (k) Child support transfers. All moneys transferred from the appropriation account under par. (r), to be distributed for the support of dependent children in accordance with applicable federal and state statutes, federal regulations and state rules.

AB651, s. 9 Section 9. 20.445 (3) (k) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,20,23 20.445 (3) (k) Child support transfers. All moneys transferred from the appropriation account under par. (r), to be expended under the Wisconsin works program under subch. III of ch. 49 and to be distributed as provided in s. 49.24 and for the support of dependent children in accordance with applicable federal and state statutes, federal regulations and state rules.

AB651, s. 10 Section 10. 20.445 (3) (r) of the statutes is created to read:

AB651,21,7 20.445 (3) (r) Support receipt and disbursement program; payments. All moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), by the support collections trust fund for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if assigned under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b., for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB651, s. 11 Section 11. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,21,20 20.445 (3) (r) Support receipt and disbursement program; payments. From the support collections trust fund, all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.265 and 767.29 for child or family support, maintenance, spousal support, health care expenses or birth expenses, and all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if assigned under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB651, s. 12 Section 12 . 20.921 (2) (a) of the statutes is amended to read:

AB651,22,4 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 or, 767.51 (3m) (c) or 767.62 (4) (b) 3. to make deductions from the salaries of state officers or employes or employes of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employes are employed is responsible for making such deductions and paying over the total thereof for the purposes provided by the laws or orders under which they were made.

AB651, s. 13 Section 13. 25.17 (1) (tm) of the statutes is created to read:

AB651,22,6 25.17 (1) (tm) Support collections trust fund (s. 25.68);

AB651, s. 14 Section 14. 25.68 of the statutes is created to read:

AB651,22,11 25.68 Support collections trust fund. There is created a separate nonlapsible trust fund designated as the support collections trust fund, to consist of all moneys received by the department of workforce development under s. 49.854, except for moneys received under s. 49.854 (11) (b).

AB651, s. 15 Section 15. 25.68 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,22,16 25.68 Support collections trust fund. There is created a separate nonlapsible trust fund designated as the support collections trust fund, to consist of all of the following:

AB651,22,18 (1) All moneys received by the department of workforce development under s. 49.854, except for moneys received under s. 49.854 (11) (b).

AB651,22,20 (2) All moneys received under ss. 767.265 and 767.29 for child or family support, maintenance or spousal support, health care expenses or birth expenses.

AB651,22,23 (3) All moneys not specified under sub. (2) that are received under a judgment or order in an action affecting the family, as defined in s. 767.02 (1), by the department of workforce development or its designee.

AB651, s. 16 Section 16. 29.09 (11m) of the statutes is created to read:

AB651,23,4 29.09 (11m) Denial and revocation of approvals based on child support delinquency. (a) Social security numbers required. The department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:

AB651,23,5 1. Any license issued under this chapter.

AB651,23,6 2. Any permit issued under s. 29.38, 29.521, 29.525, 29.53 or 29.578.

AB651,23,7 3. A wild rice identification card issued under s. 29.544.

AB651,23,10 (b) Duplicates. For purposes of this section, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.

AB651,23,14 (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

AB651,23,24 (d) Denial of approvals. 1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

AB651,24,4 2. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval fails to provide his or her social security number as required under par. (a).

AB651, s. 17 Section 17. 29.1085 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB651,24,10 29.1085 (3) (c) 1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the required fee shall be issued the license subject to s. 29.09 (11m).

AB651, s. 18 Section 18. 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB651,24,15 29.1085 (3) (c) 2. A Class B bear license shall be issued subject to s. ss. 29.09 and 29.09 (11m) by the department or by a county clerk to any resident who applies for this license and who pays the required fee.

AB651, s. 19 Section 19. 29.134 (3) of the statutes is amended to read:

AB651,24,19 29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m), by the department upon application. The form of application and license shall be prescribed by the department.

AB651, s. 20 Section 20. 29.135 (3) of the statutes is amended to read:

AB651,24,24 29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m), 29.99 or 29.995.

AB651, s. 21 Section 21. 29.145 (1c) (intro.) of the statutes is amended to read:

AB651,25,3 29.145 (1c) Fishing license for disabled persons. (intro.) The department shall issue, subject to s. 29.09 (11m), an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

AB651, s. 22 Section 22. 29.33 (2) (d) of the statutes is amended to read:

AB651,25,16 29.33 (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), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB651, s. 23 Section 23. 29.521 (2) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB651,25,22 29.521 (2) (a) The department, subject to s. 29.09 (11m), 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.

AB651, s. 24 Section 24. 29.521 (2) (c) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB651,26,5 29.521 (2) (c) 1. The department, subject to s. 29.09 (11m), 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.

AB651, s. 25 Section 25. 29.544 (3) of the statutes is amended to read:

AB651,26,15 29.544 (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), 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.

AB651, s. 26 Section 26. 29.573 (2) of the statutes is amended to read:

AB651,26,19 29.573 (2) No license shall be granted may be issued unless the applicant owns or has under lease the area for which the license is granted issued. Boundaries of the area licensed shall be defined and posted as prescribed by the department.

AB651, s. 27 Section 27. 29.574 (3) of the statutes is amended to read:

AB651,27,19 29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

AB651, s. 28 Section 28. 29.575 (3) of the statutes is amended to read:

AB651,28,3 29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

AB651, s. 29 Section 29. 29.575 (4) of the statutes is amended to read:

AB651,28,19 29.575 (4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.

AB651, s. 30 Section 30. 29.578 (4) of the statutes is amended to read:

AB651,29,13 29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) applies to the issuance of licenses under this subsection.

AB651, s. 31 Section 31. 29.578 (5) of the statutes is amended to read:

AB651,29,17 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m), if the licensee has not violated any of the provisions under which it was granted issued.

AB651, s. 32 Section 32. 29.578 (11) of the statutes is amended to read:

AB651,30,16 29.578 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted issued and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.

AB651, s. 33 Section 33. 29.578 (14) (am) of the statutes is amended to read:

AB651,30,20 29.578 (14) (am) The Subject to s. 29.09 (11m), the department may issue special retail deer sale permits authorizing a person to retail a venison in the carcass from a deer lawfully killed under this section to any retailer of meats.