SB146: Bill Text

SB146,13,22 13. A clamming license or permit issued under s. 29.38 29.537.

SB146,13,23 14. A fish farm permit issued under s. 29.521 29.733.

SB146,14,1 14m. A fish importation permit under s. 29.525 29.735.

SB146,14,2 14r. A fish stocking permit under s. 29.53 29.736.

SB146,14,3 15. A wild rice dealer license issued under s. 29.544 29.607 (4) (b).

SB146,14,4 16. A wild ginseng dealer license issued under s. 29.547 29.611 (7).

SB146,14,5 17. A license issued under s. 29.573 29.865.

SB146,14,6 18. A game bird or animal farm license issued under s. 29.574 29.867.

SB146,14,7 19. A fur animal farm license issued under s. 29.575 29.869.

SB146,14,8 20. A deer farm license or a permit issued under s. 29.578 29.871.

SB146,14,9 21. A wildlife exhibit license issued under s. 29.585 29.877.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and amends cross-references to reflect renumbering by 1997 Wis. Act 248.

SB146, s. 37 Section 37. 29.145 (1cm) of the statutes, as created by 1997 Wisconsin Act 322, is renumbered 29.193 (4) and amended to read:

SB146,14,17 29.193 (4) Federal matching funds. If the department determines that the fee collected for an annual fishing license issued under sub. (1c) (3) (c) is less or more than is necessary to qualify these licenses for matching funding under 16 USC 777c, the department shall submit proposed legislation to the legislature in the manner provided under s. 13.172. (2) to adjust the fee so that is it equals the minimum amount necessary to qualify for the matching funding.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and corrects cross-reference. Section 29.145 (1c) was renumbered to s. 29.193 (3) by 1997 Wis. Act 248.

SB146, s. 38 Section 38. 29.148 (4) of the statutes is renumbered 29.237 (4).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). The remainder of s. 29.148 was renumbered to s. 29.237 by 1997 Wis. Act 248.

SB146, s. 39 Section 39. 29.164 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 168, section 1, 1997 Wisconsin Act 248, section 213, and 1997 Wisconsin Act 249, section 21, is amended to read:

SB146,15,5 29.164 (2) (b) Type of hunting authorized. A license issued under this section authorizes hunting with a firearm or bow and arrow or with a crossbow if the holder of the license is a resident and has a Class A, Class B or Class C permit issued under s. 29.193 (2) or 4. that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171 (4) (a).

Note: Deletes language inserted by 1997 Wis. Act 168 which was rendered without effect by 1997 Wis. Act 249.

SB146, s. 40 Section 40. 29.171 (2) of the statutes, as affected by 1997 Wisconsin Act 168, section 2, 1997 Wisconsin Act 248, section 233, and 1997 Wisconsin Act 249, section 22, is amended to read:

SB146,15,14 29.171 (2) A resident archer hunting license authorizes the hunting of all game, except bear and wild turkey, during the open seasons for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a Class A, Class B or Class C permit issued under s. 29.193 (2) or 4. or a permit issued under sub. (4).

Note: Deletes language inserted by 1997 Wis. Act 168 which was rendered without effect by 1997 Wis. Act 249.

SB146, s. 41 Section 41. 29.171 (4) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 168, section 3, 1997 Wisconsin Act 248, section 235, and 1997 Wisconsin Act 249, section 25, is amended to read:

SB146,15,20 29.171 (4) (b) (intro.) Crossbows used in hunting as authorized by a Class A, Class B or Class C permit issued under s. 29.193 (2) or 4. or under this subsection shall meet all of the following specifications:

Note: Deletes language inserted by 1997 Wis. Act 168 which was rendered without effect by 1997 Wis. Act 249.

SB146, s. 42 Section 42. 29.177 of the statutes, as created by 1997 Wisconsin Act 170, is renumbered 29.038.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Repositions provision for location within the correct subchapter of ch. 29 after the renumbering of the chapter by 1997 Wis. Act 248.

SB146, s. 43 Section 43. 29.184 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 248, section 260, and 1997 Wisconsin Act 249, section 32, is amended to read:

SB146,16,8 29.184 (5) (b) If a disabled person holds either a Class A or a Class B bear license, a person who accompanies and assists the disabled person may engage in the activities authorized under sub. (2) (3) (br) 1. to 3. without holding a Class B bear license.

Note: Inserts correct cross-reference. There is no s. 29.184 (2) (br) 1. to 3. Section 29.184 (3) (br) 1. to 3. relates to authorized activities for persons with bear licenses.

SB146, s. 44 Section 44. 29.184 (6) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 191, section 16, and 1997 Wisconsin Act 248, section 265, is amended to read:

SB146,16,14 29.184 (6) (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) 29.024 (2g).

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

SB146, s. 45 Section 45. 29.184 (6) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 191, section 17, and 1997 Wisconsin Act 248, section 266, is amended to read:

SB146,16,18 29.184 (6) (c) 2. A Class B bear license shall be issued subject to s. 29.024 (11m) (2g) by the department to any resident who applies for this license.

Note: Reconciles the treatment of this provision by 1997 Wis. Acts 191 and 248. Act 191 created s. 29.09 (11m) and inserted "(11m)" after "29.09" in this provision. Act 248 renumbered s. 29.09 to s. 29.024 without taking the creation of s. 29.09 (11m) into account. This bill renumbers s. 29.09 (11m) to be s. 29.024 (2g) for proper location within the section.

SB146, s. 46 Section 46. 29.193 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 248, section 135, is amended to read:

SB146,17,5 29.193 (1) (a) The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets the requirements under s. 29.171 (3) (4) (a) 2. or 4.

Note: Corrects cross-reference. 1997 Wis. Act 248 changed this cross-reference from s. 29.104 (4) to s. 29.171 (3), but renumbered s. 29.104 (4) to s. 29.171 (4).

SB146, s. 47 Section 47. The treatment of 29.193 (1) (b) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 136, is not repealed by 1997 Wisconsin Act 249, section 3. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.09 (8m) (b) and renumbered it to s. 29.193 (1) (b).

SB146, s. 48 Section 48. The treatment of 29.193 (2) (b) 1. of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 142, is not repealed by 1997 Wisconsin Act 249, section 5. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.09 (9) (b) and renumbered it to s. 29.193 (2) (b).

SB146, s. 49 Section 49. 29.193 (2) (cr) 2. of the statutes, as affected by 1997 Wisconsin Act 248, section 142, and 1997 Wisconsin Act 249, section 13, is amended to read:

SB146,17,17 29.193 (2) (cr) 2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under sub. (8m) (1) (b) and to hunt certain game with a crossbow as authorized under ss. 29.103 (2) (ar), 29.104 (2) and 29.117 (2) 29.164 (2) (b), 29.171 (2) and 29.216 (2).

Note: Corrects cross-references to reflect renumbering by 1997 Wis. Act 248.

SB146, s. 50 Section 50. 29.193 (3) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 21, and 1997 Wisconsin Act 248, section 323, is amended to read:

SB146,18,3 29.193 (3) Fishing license for disabled persons. (intro.) The department shall issue, subject to s. 29.09 (11m) 29.024 (2g), an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

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

SB146, s. 51 Section 51. The treatment of 29.197 (6) (a) of the statutes, as renumbered, by 1997 Wisconsin Act 195, section 3, is not repealed by 1997 Wisconsin Act 248, section 374. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.155 (2) (a) and renumbered it to s. 29.197 (6) (a).

SB146, s. 52 Section 52. 29.216 (2) of the statutes, as affected by 1997 Wisconsin Act 248, section 279, and 1997 Wisconsin Act 249, section 33, is amended to read:

SB146,18,14 29.216 (2) Authorization. The nonresident archer hunting license authorizes the hunting of all game, except bear, wild turkey and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow. This license authorizes hunting with a bow and arrow only unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.09 (9) 29.193 (2).

Note: Section 29.09 (9) was renumbered s. 29.193 (2) by 1997 Wis. Act 248. The comma is deleted consistent with current style.

SB146, s. 53 Section 53. The treatment of 29.229 (3) (a) of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 66e, is not repealed by 1997 Wisconsin Act 248, section 308. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.138 (3) (a) and renumbered it to s. 29.229 (3) (a).

SB146, s. 54 Section 54. 29.229 (5m) (d) of the statutes, as affected by 1997 Wisconsin Act 191, section 20, and 1997 Wisconsin Act 248, section 308, is amended to read:

SB146,19,2 29.229 (5m) (d) Section 29.09 (11m) 29.024 (2g) does not apply to approvals issued under this section.

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

SB146, s. 55 Section 55. 29.301 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 151, section 1, and 1997 Wisconsin Act 248, section 412, is amended to read:

SB146,19,8 29.301 (1) (b) No person may hunt within 1700 1,700 feet of any hospital, sanatorium or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.

Note: 1997 Wis. Act 248 inserted "1,700" without deleting "1700".

SB146, s. 56 Section 56. The treatment of 29.327 (2) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 442, is not repealed by 1997 Wisconsin Act 249, section 36. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.27 (3) and renumbered it to s. 29.327 (2) (a).

SB146, s. 57 Section 57. 29.334 of the statutes, as affected by 1997 Wisconsin Act 248, section 513, is amended to read:

SB146,19,17 29.334 Hunting and trapping; treatment of animals. A person who hunts or traps any game animal or fur-bearing animal shall kill the animal when it is taken and make it part of the daily bag or shall release the animal unless authorized under s. 29.857, 29.863, 28.867 29.867, 29.869, 29.871 or 29.877.

SB146,19,18 Note: Inserts the correct cross-reference.

SB146, s. 58 Section 58. The treatment of 29.421 of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 82ag, is not repealed by 1997 Wisconsin Act 248, section 677. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 consolidated s. 29.62 (1) and (3), renumbered it to s. 29.421 and amended it.

SB146, s. 59 Section 59. 29.501 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 65, and 1997 Wisconsin Act 248, section 288, is amended to read:

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.