SB146: Bill Text

SB146,20,5 29.501 (3) Licenses shall be issued, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), by the department upon application. The form of application and license shall be prescribed by the department.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 60 Section 60. The treatment of 29.519 (1) (b) of the statutes, as renumbered, by 1997 Wisconsin Act 189, section 1, is not repealed by 1997 Wisconsin Act 248, section 462. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.33 (1) and renumbered it to s. 29.519 (1).

SB146, s. 61 Section 61. 29.519 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 248, section 462, is renumbered 29.519 (1) (d) 2. and amended to read:

SB146,20,23 29.519 (1) (d) 2. The application for the license shall be made to the department, accompanied by the fee specified in s. 29.563 (7). The application shall state the name, birthdate, description and address of the residence of the applicant, the manner in which he or she proposes to fish, the name or number and overall length of his or her boats, the name of the hailing port from which the boats will operate, and the number and kind of nets or other gear he or she intends to use in connection with commercial fishing and any other information required by the department for statistical purposes. The applicant shall provide an itemized listing of commercial fishing gear and equipment with the current values of those items of commercial fishing equipment, sufficient to meet the investment requirements for licensing as established in rules promulgated under this section. "Overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet.

Note: The stricken definition is moved to a separate provision consistent with current style. See the next section of this bill.

SB146, s. 62 Section 62. 29.519 (1) (d) 1. of the statutes is created to read:

SB146,21,4 29.519 (1) (d) 1. In this paragraph, "overall length" means the minimum distance between the extreme outside end of the bow and the stern using the nearest whole number of feet.

Note: Relocates definition in separate provision consistent with current style. See the previous section of this bill.

SB146, s. 63 Section 63. 29.519 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 248, section 464, is renumbered 29.519 (2) (a) and amended to read:

SB146,21,12 29.519 (2) (a) Nonresident defined. In this section subsection, "nonresident" includes any individual who is not a resident, any individual applying for a license for use of nets on a boat registered or of record at a port outside of the state, or any partnership, association, corporation or limited liability company any of whose stock, boats, nets and fishing equipment has been owned by a nonresident at any time during the 2 years immediately prior to the application for a license.

Note: The defined term only appears in sub. (2) of s. 29.519. This paragraph is renumbered to ensure its correct position as a definition in accordance with current style.

SB146, s. 64 Section 64. 29.519 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 237, section 67, and 1997 Wisconsin Act 248, section 465, is amended to read:

SB146,22,5 29.519 (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) and (11r) 29.024 (2g) and (2r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 65 Section 65. 29.522 of the statutes, as created by 1997 Wisconsin Act 237, is renumbered 29.734.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to locate the provision in the proper subchapter after the renumbering of ch. 29 by 1997 Wis. Act 248.

SB146, s. 66 Section 66. 29.563 (3) (a) 7. and 9. of the statutes, as created by 1997 Wisconsin Act 248, are amended to read:

SB146,22,11 29.563 (3) (a) 7. Annual fishing issued to a disabled person under s. 29.193 (3) (a) or (b): $6.25.

SB146,22,13 9. Annual fishing license issued to a disabled veteran under s. 29.219 (2) 29.193 (3) (c): $4.25.

Note: Inserts correct cross-reference.

SB146, s. 67 Section 67. 29.563 (7) (c) 1. of the statutes, as created by 1997 Wisconsin Act 248, is amended to read:

SB146,22,17 29.563 (7) (c) 1. Outlying waters license transfers under s. 29.519 (3) (2) (d): $25.

Note: Corrects cross-reference. There is no s. 29.519 (3). Outlying waters license transfers are under s. 29.519 (2) (d).

SB146, s. 68 Section 68. The treatment of 29.591 (title) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 4, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (title) and renumbered it to s. 29.591 (title).

SB146, s. 69 Section 69. The treatment of 29.591 (1) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 5, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (1) and renumbered it to s. 29.591 (1).

SB146, s. 70 Section 70. 29.591 (2) of the statutes, as affected by 1997 Wisconsin Act 197, section 7, and 1997 Wisconsin Act 248, section 420, is amended to read:

SB146,23,10 29.591 (2) Administration. program and bow hunter education program The department may appoint county, regional and statewide directors and categories of hunter education instructors necessary for the hunter education program and the bow hunter education program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

Note: The stricken language was inserted by 1997 Wis. Act 197, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 71 Section 71. The treatment of 29.591 (3) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 8, is not repealed by 1997 Wisconsin Act 248, section 420. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (3) and renumbered it to s. 29.591 (3).

SB146, s. 72 Section 72. The treatment of 29.591 (4) (a) 1. and 2. of the statutes, as renumbered, by 1997 Wisconsin Act 197, sections 9 and 10, is not repealed by 1997 Wisconsin Act 248, sections 423 and 424. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (4) (a) 1. and 2. and renumbered it to s. 29.591 (4) (a) 1. and 2.

SB146, s. 73 Section 73. The treatment of 29.591 (4) (am) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 11, is not repealed by 1997 Wisconsin Act 248, section 425. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.225 (4) (am) and renumbered it to s. 29.591 (4) (am).

SB146, s. 74 Section 74. The treatment of 29.593 (1) of the statutes, as renumbered, by 1997 Wisconsin Act 197, section 12, is not repealed by 1997 Wisconsin Act 248, section 427. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.226 (1) and renumbered it to s. 29.593 (1).

SB146, s. 75 Section 75. 29.593 (2) of the statutes, as affected by 1997 Wisconsin Act 197, section 14, and 1997 Wisconsin Act 248, section 427, is amended to read:

SB146,24,10 29.593 (2) A person who has evidence that is satisfactory to the department indicating that he or she has completed in another state a hunter safety course and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting for successfully completing the course of instruction the hunter education program.

Note: The stricken language was inserted by 1997 Wis. Act 197, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 76 Section 76. 29.607 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 71, and 1997 Wisconsin Act 248, section 594, is amended to read:

SB146,24,22 29.607 (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) and (11r) 29.024 (2g) and (2r), 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.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 77 Section 77. 29.733 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 237, section 69, and 1997 Wisconsin Act 248, section 581, is amended to read:

SB146,25,7 29.733 (2) (a) The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), 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.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 78 Section 78. 29.733 (2) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 237, section 70, and 1997 Wisconsin Act 248, section 581, is amended to read:

SB146,25,14 29.733 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), 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.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 79 Section 79. 29.745 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 248, section 589, is amended to read:

SB146,25,18 29.745 (1) (b) Application for a permit shall be made on forms provided by to the department.

SB146,25,20 NOTE: The stricken language was rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 80 Section 80. 29.867 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 73, and 1997 Wisconsin Act 248, section 617, is amended to read:

SB146,26,10 29.867 (3) Upon issuance, subject to s. 29.024 (2g) and (2r), of the license, the department shall appoint one person, the licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to determine as accurately as possible the number of wild birds and animals of the desired species on the land at the time of the issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 30 days after the date of the determination as approved by the department, the licensee shall pay to the department a specified sum determined by the department for those species of wild birds and animals on the licensed premises that are desired for propagation purposes, the title of which is in the state. subject to s. 29.09 (11m) and (11r) issued

Note: The stricken language was inserted by 1997 Wis. Acts 191 and 237, but was rendered without effect by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r). The underscored language is inserted to give effect to the Acts 191 and 237 treatments.

SB146, s. 81 Section 81. 29.869 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 74, and 1997 Wisconsin Act 248, section 618, is amended to read:

SB146,26,18 29.869 (3) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and the applicant intends in good faith to establish and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, trap and deal in fur animals that are on the licensed premises.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 82 Section 82. 29.871 (4) of the statutes, as affected by 1997 Wisconsin Act 237, section 76, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,8 29.871 (4) If the applicant is the owner or lessee of the lands and the applicant intends in good faith to establish 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 premises to be included within the license, it will issue a license. The applicant shall install a deer-tight fence in accordance with specifications prescribed by the department. After the installation of the fence, the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, kill and sell the deer that are on the licensed premises. Section 29.09 (11m) and (11r) 29.024 (2g) and (2r) applies to the issuance of licenses under this subsection.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 83 Section 83. 29.871 (5) of the statutes, as affected by 1997 Wisconsin Act 237, section 77, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,13 29.871 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), if the licensee has not violated any of the provisions under which it was issued.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 84 Section 84. 29.871 (11) of the statutes, as affected by 1997 Wisconsin Act 191, section 32, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,28,5 29.871 (11) Each license and title to the deer in the issued enclosure shall be conditioned upon the licensee complying with this section and other statutes and rules relating to the maintenance of deer farms. In an action to revoke the license the court, in the judgment, shall provide that the title to all of the deer within the enclosure is forfeited to the state; that the licensed premises may not be used for a deer farm for a period of 5 years and until a new license has been issued by the department after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter the premises and open the fences and may drive the animals out of the enclosure; that the lands for which the license has been forfeited may be used by the owner for all lawful purposes except the propagating of deer; and that during the 5-year period hunting or trapping is prohibited on the land. The department shall post notices of the judgment at intervals of 55 yards around the entire premises.

Note: The stricken language was inserted by 1997 Wis. Acts 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 85 Section 85. 29.871 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 237, section 79, and 1997 Wisconsin Act 248, section 626, is amended to read:

SB146,28,11 29.871 (14) (am) Subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department may issue retail deer sale permits authorizing a person to sell at retail white-tailed deer venison from a deer lawfully killed under this section if the venison is inspected under s. 97.42.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 86 Section 86. 29.871 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 237, section 80, and 1997 Wisconsin Act 248, section 627, is amended to read:

SB146,28,20 29.871 (14) (b) (intro.) The department may issue a venison serving permit authorizing a person to serve venison obtained from a deer farm licensed under this section. The application for this permit shall be in the form and include the information the department requires. The department, the department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), may issue a venison serving permit conditioned as follows:

Note: The stricken "the department" was inserted by 1997 Wis. Act 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 87 Section 87. The treatment of 29.877 (3) of the statutes, as renumbered, by 1997 Wisconsin Act 191, section 36, is not repealed by 1997 Wisconsin Act 248, section 635. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.585 (3) and renumbered it to s. 29.877 (3).

SB146, s. 88 Section 88. 29.885 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 248, section 640, is amended to read:

SB146,29,8 29.885 (1) (f) Notwithstanding s. 29.01 (14) 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

Note: Section 29.01 (14) was renumbered to s. 29.001 (90) by 1997 Wis. Act 248.

SB146, s. 89 Section 89. The treatment of 29.934 (1) (d) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 114, is not repealed by 1997 Wisconsin Act 285, section 1. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.06 (1) (d) and renumbered it to s. 29.934 (1) (d).

SB146, s. 90 Section 90. The treatment of 29.971 (1) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 20. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1) (c) to s. 29.971 (1) (c).

SB146, s. 91 Section 91. The treatment of 29.971 (1m) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 21. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1m) (c) to s. 29.971 (1m) (c).

SB146, s. 92 Section 92. 29.989 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 248, section 728, is amended to read:

SB146,30,6 29.989 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter 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 where the payment of a natural resources restitution payment is required, the court shall impose a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.