AB851: Bill Text

AB851, s. 33 Section 33. 29.597 (7) of the statutes is created to read:

AB851,9,25 29.597 (7) Proceeds from the sale of skins. The department may sell, either directly or by an agent under supervision by the department, skins that are prepared as a part of the course of instruction under the trapper education program. Any proceeds that the department receives from the sale of these skins shall be credited to the appropriation account under s. 20.370 (1) (Lq).

AB851, s. 34 Section 34. 29.934 (title) of the statutes is amended to read:

AB851,10,4 29.934 (title) Sale of confiscated game wild animals and objects.

AB851, s. 35 Section 35. 29.934 (1) (a) of the statutes is renumbered 29.934 (1) and amended to read:

AB851,10,16 29.934 (1) Sales in general. All wild animals, carcasses or plants that are confiscated by the department and all confiscated vehicles, boats or objects shall, if not destroyed as authorized by law, be sold, except as provided in ss. 29.936 and 29.938, at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d) subs. (1m) and (1r), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.

AB851, s. 36 Section 36. 29.934 (1) (b) of the statutes is renumbered 29.934 (1g) and amended to read:

AB851,10,22 29.934 (1g) Distribution of sale proceeds. Of the remittance from the sales under sub. (1) of confiscated vehicles, boats or objects, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.

AB851, s. 37 Section 37. 29.934 (1) (c) 1. of the statutes is renumbered 29.934 (1m) (a) and amended to read:

AB851,11,8 29.934 (1m) (a) In the case of the sale of a confiscated motor vehicle under sub. (1), the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any security interest in the seized motor vehicle, give the secured party notice of the time and place when there is to be any proceeding before a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.

AB851, s. 38 Section 38. 29.934 (1) (c) 2. of the statutes is renumbered 29.934 (1m) (b) and amended to read:

AB851,11,14 29.934 (1m) (b) The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in s. 29.931 (2). The department shall give each secured party discovered in accordance with subd. 1. par. (a) at least 10 days' notice of the time and place of sale of the motor vehicle.

AB851, s. 39 Section 39. 29.934 (1) (c) 3. of the statutes is renumbered 29.934 (1m) (c) and amended to read:

AB851,12,2 29.934 (1m) (c) If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to the department, that the violation that led to the confiscation was not with the knowledge, consent or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under par. (a) sub. (1), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under par. (a) sub. (1), the amount remaining shall be paid to the one entitled.

AB851, s. 40 Section 40. 29.934 (1) (d) of the statutes is renumbered 29.934 (1r) and amended to read:

AB851,12,7 29.934 (1r) Boats and certain vehicles. The provisions of s. 973.075 (1) (b) 2m. and (5) apply to boats and vehicles, other than motor vehicles, under that are subject to this subsection section.

AB851, s. 41 Section 41. 29.934 (1) (e) of the statutes is renumbered 29.934 (1u) and amended to read:

AB851,12,12 29.934 (1u) Car kill deer. This subsection Subsection (1) does not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. For purposes of this subsection, "deer" does not include farm-raised deer.

AB851, s. 42 Section 42. 29.934 (1m) (title) of the statutes is created to read:

AB851,12,14 29.934 (1m) (title) Sale of motor vehicles.

AB851, s. 43 Section 43. 29.934 (2) (title) of the statutes is created to read:

AB851,12,16 29.934 (2) (title) Sale of wild animals.

AB851, s. 44 Section 44. 29.934 (2) of the statutes is renumbered 29.934 (2) (a) and amended to read:

AB851,12,25 29.934 (2) (a) On any sales under this section of wild animals or carcasses that are seized or confiscated under s. 29.931 (1), the department or the agent selling them shall issue to each purchaser a certificate, on forms prepared and furnished by the department, covering the sales. The wild animals or carcasses so purchased shall be consumed, resold or otherwise disposed of by the purchaser within a period to be set by the department, but may not be resold or exchanged, in whole or in part, to any other person, except as provided in sub. (3) pars. (b) and (c).

AB851, s. 45 Section 45. 29.934 (2) (c) of the statutes is created to read:

AB851,13,6 29.934 (2) (c) The department may sell wild animals seized or confiscated under s. 29.931 (1), or their carcasses, to fur dealers licensed under s. 29.501, wholesale fish dealers licensed under s. 29.503, taxidermists having permits under s. 29.506, bait dealers licensed under s. 29.509 and licensees under ss. 29.865, 29.867, 29.869, 29.871 and 29.877.

AB851, s. 46 Section 46. 29.934 (3) of the statutes is renumbered 29.934 (2) (b) and amended to read:

AB851,13,16 29.934 (2) (b) Confiscated The department may sell fish or game sold under this section, or their carcasses, that are seized or confiscated under s. 29.931 (1) to the owner or operator of a restaurant may to be served to the restaurant's customers. The department shall issue a certificate covering the purchase sale, which shall be hung in public view in the place where the fish or game is served, and the fish or game shall at the time of sale be tagged by the department or the agent selling it. The tag shall show the date of sale and shall be returned to the department or agent within 5 days after the sale consumption or other disposal of the fish or game.

AB851, s. 47 Section 47. 29.938 of the statutes is created to read:

AB851,13,22 29.938 Use by the department of unclaimed, seized or confiscated property. The department may retain and use any of the following property for the education program under s. 29.591, the trapper education program under s. 29.597 or other educational hunting, fishing, trapping or conservation activities conducted by the department:

AB851,13,23 (1) Property seized or confiscated under this chapter.

AB851,13,24 (2) Property turned over to the department under s. 968.20 (3).

AB851,13,25 (3) Unclaimed personal property, as defined in s. 29.939 (1).

AB851, s. 48 Section 48. 29.939 of the statutes is created to read:

AB851,14,6 29.939 Disposal of unclaimed property. (1) Definition. In this section, "unclaimed personal property" means personal property that is lost, abandoned or not claimed by its owner and that is in the possession of the department, but does not include personal property seized under ss. 29.043 (1) and (2), 29.331 (1), 29.404 (1), 29.526 (4), 29.529 (4), 29.604 (5), 29.705 (4) (a), 29.875 (1) and 29.931.

AB851,14,13 (2) Timing and methods of disposal. The department may dispose of any unclaimed personal property that has remained unclaimed by the owner for a period of 30 days after the taking of possession of the property by the department or its wardens. The department may dispose of the unclaimed personal property by any means that the department determines to be in its best interest, except that the department may not use an auction open to the public to dispose of the unclaimed personal property specified in sub. (4) or (5).

AB851,14,17 (3) Inventory required. For unclaimed personal property that is not disposed of at an auction open to the public, the department shall maintain an inventory of the property. The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. The inventory shall include:

AB851,14,19 (a) The name and address of the person, if any, who takes possession of the unclaimed personal property.

AB851,14,20 (b) A record of the date and method of disposal.

AB851,14,21 (c) Any consideration received for the unclaimed personal property.

AB851,15,9 (4) Flammable, explosive or incendiary materials. Notwithstanding the 30-day time period under sub. (2), the department may safely dispose of unclaimed personal property consisting of flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices. The department by rule may establish disposal procedures for these substances, materials or devices. The rules may include a provision authorizing an attempt to return to the rightful owner substances, materials or devices that have a commercial value in the normal business usage and that do not pose an immediate threat to life or property. If this provision is included in the rule, the provision shall require that, if the substance, material or device appears to be or is reported stolen, the department shall attempt to return the substance, material or device to the rightful owner.

AB851,15,19 (5) Firearms and ammunition. The department shall dispose of unclaimed personal property that consists of firearms or ammunition within 11 months after the time period under sub. (2) expires. The department by rule shall establish disposal procedures for firearms and ammunition. The rules may include a provision authorizing an attempt to return to the rightful owner firearms and ammunition that have a commercial value in the normal business usage and that do not pose an immediate threat to life or property. If this provision is included in the rule, the provision shall require that, if the firearm or ammunition appears to be or is reported stolen, the department shall attempt to return the firearm or ammunition to the rightful owner.

AB851, s. 49 Section 49. 120.13 (1) (bm) of the statutes is amended to read:

AB851,16,2 120.13 (1) (bm) The school district administrator or any principal or teacher designated by the school district administrator shall suspend a pupil under par. (b) if the school district administrator, principal or teacher determines that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). This paragraph does not apply if the pupil possesses the firearm in order to participate in the hunter education program conducted under s. 29.591.

AB851, s. 50 Section 50. 120.13 (1) (c) 2m. of the statutes is amended to read:

AB851,16,10 120.13 (1) (c) 2m. The school board shall commence proceedings under subd. 3. and expel a pupil from school for not less than one year whenever it finds that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). Annually, the school board shall report to the department the information specified under 20 USC 8921 (d) (1) and (2). This subdivision does not apply if the pupil possesses the firearm in order to participate in a hunter education program conducted under s. 29.591.

AB851, s. 51 Section 51. 948.605 (2) (b) 4. of the statutes is amended to read:

AB851,16,14 948.605 (2) (b) 4. By an individual for use in a the hunter education program conducted under s. 29.591 or another program approved by a school in the school zone;

AB851, s. 52 Section 52. 948.605 (3) (b) 2. of the statutes is amended to read:

AB851,16,18 948.605 (3) (b) 2. As part of a the hunter education program conducted under s. 29.591 or other program approved by a school in the school zone, by an individual who is participating in the program;

AB851, s. 53 Section 53. 968.20 (3) of the statutes is amended to read:

AB851,17,19 968.20 (3) (a) First class cities shall dispose of dangerous weapons or ammunition seized 12 months after taking possession of them if the owner, authorized under sub. (1m), has not requested their return and if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the authorized rightful owner. If the return of a seized dangerous weapon other than a firearm is not requested by its rightful owner under sub. (1) and is not returned by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement agency to retain and use the motor vehicle. If the return of a seized firearm or ammunition is not requested by its authorized rightful owner under sub. (1) and is not returned by the officer under sub. (2), the seized firearm or ammunition shall be shipped to and become property of the state crime laboratories. A person designated by the department of justice may destroy any material for which the laboratory has no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratories have no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB851,18,18 (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB851,18,19 (End)