AB864: Bill Text

AB864, s. 711 Section 711. 29.924 (title) of the statutes is created to read:

AB864,209,21 29.924 (title) Investigations; searches.

AB864, s. 712 Section 712. 29.931 (title) of the statutes is created to read:

AB864,209,23 29.931 (title) Seizures.

AB864, s. 713 Section 713. 29.961 (2) of the statutes is created to read:

AB864,210,4 29.961 (2) Any person who fails to keep records as required under this chapter, fails to keep accurate records under this chapter, or provides incorrect information to the department under this chapter, other than information to obtain an approval as provided under sub. (1), shall forfeit not more than $100.

Note: Many provisions of current ch. 29 specify that accurate records must be kept. For example, s. 29.134 (6m) (a) requires fur auctioneers to keep "correct and complete" records, and s. 29.135 (6) (a) requires wholesale fish dealers to keep "complete, legible and accurate" records. This bill deletes these specific requirements. The current statutes do not provide a specific penalty for failure to keep accurate records, so the $100 forfeiture in current s. 29.99 (4) applies. New s. 29.961 provides a penalty consisting of a forfeiture of $100 for failure to keep records, or keeping or providing incorrect information under ch. 29.

AB864, s. 714 Section 714. 29.99 (intro.) and (1) to (11) of the statutes are renumbered 29.971 (intro.) and (1) to (11), and 29.971 (intro.), (1), (1m) (a) to (c) and (e), (4), (5), (5g), (5m), (7) and (11), as renumbered, are amended to read:

AB864,210,10 29.971 General penalty provisions. (intro.) Any person who, for himself or herself, or by his or her agent, servant, or employe, or who, as agent, servant, or employe for another, violates this chapter shall be punished, respectively, as follows:

AB864,210,14 (1) (a) For the violation of any requirement of this chapter relating to fishing or fish dealing, or rules promulgated under this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under pars. (b) and (c) and sub. (5m).

AB864,210,18 (b) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.

AB864,210,21 (c) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB864,211,6 (d) Salmon, trout and noncommercial game fish shall be valued for the purposes of pars. (b) and (c) on a per fish basis according to the dollar amounts specified under s. 29.65 29.977 (1) (a) and (i) to (L). Other species of commercial fish shall be valued on a per fish basis according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by producers on the date of the violation for fish in the form of the violative fish.

AB864,211,21 (e) Any person holding an approval issued under this chapter, upon his or her 2nd conviction within a 3-year period for violations of this chapter or rules promulgated under it relating to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges, fishing during a closed season, violation of quota fisheries or false reporting shall have all of his or her fishing and fish dealing licenses revoked and no fishing or fish dealing license may be issued to the person for at least one year after the date of conviction. During the period of revocation for 2 convictions under pars. (b) or (c) or a combination of 2 convictions under pars. (b) and (c), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in sale or transportation of fish. Any person holding a license under s. 29.33 29.519 (1) who has that license revoked under this paragraph, may apply for that license for that part of the license year following the period of revocation which is at least one year after the date of conviction and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.

AB864,211,23 (1m) (a) For the violation of s. 29.38 or rules adopted thereunder 29.537, by a forfeiture of not more than $1,000, except as provided under pars. (b) and (c).

AB864,212,2 (b) For possessing clams in violation of s. 29.38 or rules adopted thereunder 29.537, if the value of the clams under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.

AB864,212,5 (c) For possessing clams in violation of s. 29.38 or rules adopted thereunder 29.537, if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

AB864,212,11 (e) For any person holding any approval issued under this chapter, upon the person's 2nd conviction within a 3-year period for violations of this chapter or rules promulgated thereunder relating to clamming or commercial clamming, by the revocation of all of the person's approvals. In addition, no commercial clamming license or permit may be issued to the person for at least one year after the date of conviction.

AB864,212,13 (4) For any violation of any provision of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.

AB864,212,18 (5) For violation of s. 29.48 29.539, by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.

AB864,212,23 (5g) For violation of s. 29.49 29.541, by a fine of not more than $500 or imprisonment for not more than 90 days or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.

AB864,213,3 (5m) For the violation of any statute or rule this chapter relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both for each lake sturgeon illegally taken or possessed, and a mandatory 3-year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.

AB864,213,10 (7) For the violation of s. 29.23, or of any administrative rule relating to hunting from an airplane or using an airplane to spot, rally or drive animals for hunting 29.307, by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing and trapping approvals. An airplane aircraft used in any such the violation is declared a public nuisance.

AB864,213,18 (11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, for the snaring of or setting snares for deer or for the possession or control of a deer carcass in violation of s. 29.39 29.055 or 29.40 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

Note: The additional language makes the penalty applicable to the setting of a snare for deer and does not require that a deer be caught with a snare, as under the current statute.

AB864, s. 715 Section 715. 29.99 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is renumbered 29.971 (11m) (a).

AB864, s. 716 Section 716. 29.99 (11m) (b) and (c) of the statutes, as affected by 1997 Wisconsin Act 1, are renumbered 29.971 (11m) (b) and (c) and amended to read:

AB864,214,5 29.971 (11m) (b) Except as provided under par. (a), for the violation of any provision of this chapter or any department rule promulgated under this chapter relating to bear hunting, to the activities specified in s. 29.1085 (2) 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

AB864,214,11 (c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.1085 (2) 29.184 (3) (br) with a dog that is not in compliance with s. 29.1085 (2g) 29.184 (4) or the licensing requirements under s. 174.053 or 174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

AB864, s. 717 Section 717. 29.99 (11p) of the statutes is renumbered 29.971 (11p).

AB864, s. 718 Section 718. 29.99 (11r) and (11v) of the statutes are renumbered 29.971 (11r) and (11v) and amended to read:

AB864,214,16 29.971 (11r) (a) For the violation of s. 29.223 29.083 (2) (a), by a forfeiture of not more than $500.

AB864,214,18 (b) For the violation of s. 29.223 29.083 (2) (b), by a forfeiture of not more than $1,000.

AB864,214,20 (11v) For failing to reimburse the department as required under s. 29.283 (5) 29.404 (3), by a forfeiture of not more than $100.

AB864, s. 719 Section 719. 29.99 (12) of the statutes is renumbered 29.971 (12).

AB864, s. 720 Section 720. 29.99 (13) of the statutes is repealed.

Note: The current text of s. 29.99 (13) is as follows:

"29.99 (13) The word "person" as used in this section includes natural persons, firms, associations, and corporations.".

The definition is superfluous. The definition of "person", applicable to all statutes, is found in s. 990.01 (26). That definition includes all provisions of the repealed definition, as well as partnerships and governmental bodies.

AB864, s. 721 Section 721. 29.99 (14) of the statutes is renumbered 29.971 (13).

AB864, s. 722 Section 722. 29.99 (15) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 29.971 (14).

AB864, s. 723 Section 723. 29.995 of the statutes is renumbered 29.974 and amended to read:

AB864,215,16 29.974 Penalties; repeaters. (1) If a person is convicted of any violation of this chapter, of s. 167.31 (2) or (3) or of a rule promulgated under this chapter or under s. 167.31 (4m), and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, of s. 167.31 (2) or (3) or of a rule promulgated under this chapter or under s. 167.31 (4m) by any court of this state, the person shall be fined not more than $100, or imprisoned not more than 6 months or both. In addition, all hunting, fishing and trapping approvals issued to the person shall be revoked and no hunting, fishing or trapping approval may be issued to the person for a period of one year after the 2nd conviction.

AB864,216,3 (2) When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such the person had been before convicted 3 times within a period of 3 years for violations of this chapter or department order punishable under s. 29.134 (11), 29.29 29.501 (10), 29.601 (1) or 29.99 29.971 (5), or for violation of s. 29.48 29.539, or for violation of any statute or department order regulating the taking or possession of any wild animal or carcass thereof during the closed season therefor or any combination of such those violations by any court of this state, and that such the convictions remain of record and unreversed, such the person shall be fined not more than $2,000 or imprisoned for not more than 9 months or both.

AB864,216,5 (3) No penalty for any such violation listed in sub. (1) or (2) may be reduced or diminished by reason of this section.

AB864, s. 724 Section 724. 29.996 of the statutes is renumbered 29.981.

AB864, s. 725 Section 725. 29.9965 of the statutes is renumbered 29.983, and 29.983 (1) (a) and (b) 1. and 4., as renumbered, are amended to read:

AB864,216,13 29.983 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter for the unlawful killing, wounding, catching, taking, trapping or possession of a wild animal specified in par. (b), or any part of such a wild animal, the court may impose a wild animal protection assessment that equals the amount specified for the wild animal under par. (b).

AB864,216,15 (b) 1. For any wild animal that is an endangered species protected under s. 29.415 and rules promulgated under s. 29.415 29.604, $875.

AB864,216,16 4. For any wildcat bobcat, fox, beaver or otter, $87.50.

AB864, s. 726 Section 726. 29.9967 of the statutes is renumbered 29.985, and 29.985 (1) (a) and (2), as renumbered, are amended to read:

AB864,216,21 29.985 (1) (a) If a court imposes a forfeiture under s. 29.283 (5) 29.404 (3), the court shall impose a fishing shelter removal assessment equal to the costs that should have been reimbursed under s. 29.283 (4) 29.404 (2).

AB864,216,24 (2) Use of fishing shelter removal assessments funds. All moneys collected from fishing shelter removal assessments shall be deposited in the fish and wildlife account in the conservation fund.

AB864, s. 727 Section 727. 29.997 of the statutes is renumbered 29.987, and 29.987 (1) (a) and (2), as renumbered, are amended to read:

AB864,217,5 29.987 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB864,217,8 (2) Use of natural resources assessment funds. All moneys collected from natural resources assessments shall be deposited in the conservation fund and appropriated for use credited to the appropriation under s. 20.370 (3) (mu).

AB864, s. 728 Section 728. 29.998 of the statutes is renumbered 29.989, and 29.989 (1) (a) and (2), as renumbered, are amended to read:

AB864,217,13 29.989 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or a rule or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB864,217,16 (2) Use of natural resources restitution payment funds. All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and appropriated for use under s. 20.370 (3) (mu).

AB864, s. 729 Section 729. 30.01 (4r) of the statutes is amended to read:

AB864,217,19 30.01 (4r) "Outlying waters" has the meaning designated given in s. 29.01 (11) 29.001 (63).

AB864, s. 730 Section 730. 30.12 (4) (a) of the statutes is amended to read:

AB864,218,5 30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29 29.601, 30.11, 30.123, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

AB864, s. 731 Section 731. 30.124 (2) of the statutes is amended to read:

AB864,218,8 30.124 (2) The department may use moneys available under s. 29.102 (2) (a) 29.191 (1) (b) 1. to engage in the activities described under sub. (1).

AB864, s. 732 Section 732. 30.202 (3) of the statutes is amended to read:

AB864,218,15 30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.29 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48,or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

AB864, s. 733 Section 733. 30.204 (5) of the statutes is amended to read:

AB864,218,24 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.29 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95 or 299.97 or chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.

AB864, s. 734 Section 734. 30.51 (2) (c) 2. of the statutes is amended to read:

AB864,219,2 30.51 (2) (c) 2. A federally documented vessel which is a commercial fishing boat licensed under s. 29.33 29.519.

AB864, s. 735 Section 735. 30.71 of the statutes is amended to read:

AB864,219,8 30.71 Boats equipped with toilets. No person may, while maintaining or operating any boat equipped with toilets on inland waters or outlying waters of this state, as defined in s. 29.01 (9) 29.001 (45) and (11) (63), dispose of any toilet wastes in any manner into the inland or outlying waters of this state. The department of commerce may promulgate rules necessary to carry out the purposes of this section.

AB864, s. 736 Section 736. 30.745 (1) (c) of the statutes is repealed.

AB864, s. 737 Section 737. 30.92 (1) (bn) of the statutes is repealed and recreated to read:

AB864,219,11 30.92 (1) (bn) "Inland water" has the meaning given in s. 29.001 (45).

AB864, s. 738 Section 738. 59.25 (3) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,220,13 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 29.983 for the wild animal protection assessment, the amounts required by s. 29.997 29.987 for the natural resources assessment surcharge, the amounts required by s. 29.9967 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 29.989 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB864, s. 739 Section 739. 59.40 (2) (m) of the statutes, as affected by 1997 Wisconsin Act 27, section 2163p, is amended to read:

AB864,221,16 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 29.983 for the wild animal protection assessment, the amounts required under s. 29.997 29.987 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 29.989 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB864, s. 740 Section 740. 66.894 (2) of the statutes is amended to read:

AB864,221,24 66.894 (2) River and lake beds. (a) Except as provided in par. (b), the commission may lay, construct and maintain, without compensation to the state, any part of the sewerage system or of its works or appurtenances over, upon or under any part of the bed of any river or its branches flowing through the district, or of any land that has not been the subject of a state lake bed grant to a county in which a 1st class city is located and that is covered by any of the outlying waters, as defined in s. 29.01 (11) 29.001 (63).

AB864,222,5 (b) Nothing in ss. 66.88 to 66.918 authorizes the commission to lay or construct any part of the sewerage system after April 27, 1982, over, upon or under any land covered by any outlying waters, as defined in s. 29.01 (11) 29.001 (63), unless the commission first obtains the prior consent of both houses of the legislature and the governor.

AB864, s. 741 Section 741. 70.111 (3m) of the statutes is amended to read:

AB864,222,12 70.111 (3m) Charter sport fishing boats. Motorboats, and the equipment used on them, which are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in s. 29.01 (11) 29.001 (63), and the rivers and tributaries specified in s. 29.15 (1) 29.191 (5) (a) 1. and 2. if the owner and all operators are licensed under s. 29.165 29.512 or under s. 29.166 29.514 or both and by the U.S. coast guard to operate the boat for that purpose.

AB864, s. 742 Section 742. 70.113 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB864,222,23 70.113 (1) (intro.) As soon after April 20 of each year as is feasible the department of natural resources shall pay to the city, village, or town treasurer all of the following amounts from the following appropriations for each acre situated in the municipality of state forest lands, as defined in s. 28.02 (1), state parks under s. 27.01 and state public shooting, trapping or fishing grounds and reserves or refuges operated thereon, acquired at any time under s. 29.10, 1943 stats., s. 23.09 (2) (d) or 29.571 29.749 (1) or from the appropriations made by s. 20.866 (2) (tp) by the department of natural resources or leased from the federal government by the department of natural resources:

AB864, s. 743 Section 743. 70.113 (2) (a) of the statutes is amended to read:

AB864,223,7 70.113 (2) (a) Towns, cities or villages shall be paid for forest lands as defined in s. 28.02 (1), state parks under s. 27.01 and other lands acquired under s. 23.09 (2) (d), 23.27, 23.29, 23.293, 23.31 or 29.571 29.749 (1) located within such municipality and acquired after June 30, 1969. Such payments shall be made from the appropriation under s. 20.370 (5) (da) or (dq) and remitted by the department of natural resources in the amounts certified by the department of revenue according to par. (b).