SB118: Bill Text

LRB-2244/1

RCT:wlj:cph

2003 - 2004 LEGISLATURE

2003 Senate BILL 118

April 16, 2003 - Introduced by Senators Schultz, Jauch, Hansen and Breske, cosponsored by Representatives Gronemus, Freese, Musser, Kestell, Ainsworth, J. Wood, Suder, Loeffelholz, Van Roy, Albers, Pettis, Hahn, Ott and Gunderson. Referred to Committee on Agriculture, Financial Institutions and Insurance.

SB118,1,5 An Act to amend 59.25 (3) (f) 2. and 59.40 (2) (m); and to create 20.115 (2) (i), 95.62 and 814.63 (3) (h) of the statutes; relating to: bringing bait or farm-raised fish into this state, selling farm-raised fish or bait in this state, granting rule-making authority, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) issues bait dealer licenses that authorize persons to sell minnows, frogs, and crayfish for fishing purposes. The Department of Agriculture, Trade and Consumer Protection (DATCP) issues registrations to persons operating fish farms. A person may not bring fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait, or of rearing in a fish farm unless the person has an annual permit issued by DATCP. A person may not bring fish or fish eggs of a species that is not native to this state into this state for those purposes without a permit from DNR.

Under this bill, if the laws of another jurisdiction prohibit a bait dealer licensed by DNR or a fish farmer registered by DATCP from bringing a type of bait into that jurisdiction from this state for sale for fishing purposes or prohibit a person from using for fishing purposes in that jurisdiction a type of bait obtained from a registered fish farmer or licensed bait dealer, then bait dealers and fish farmers from that jurisdiction may not bring that type of bait into Wisconsin for sale for fishing purposes and no person may bring into Wisconsin for fishing purposes that type of bait obtained from a bait dealer or fish farmer from that jurisdiction.

Also under this bill, if another jurisdiction imposes restrictions on bait dealers licensed by DNR or fish farmers registered by DATCP as a condition of transporting or selling bait or farm-raised fish in that jurisdiction that differ from the requirements that this state imposes on bringing fish or fish eggs into this state, then DATCP may promulgate rules imposing similar requirements on that jurisdiction's bait dealers and fish farmers as a condition of transporting or selling bait or farm-raised fish in this state.

A person who violates a prohibition or requirement established under this bill is subject to a forfeiture (a civil penalty) of not more than $1,000 and an assessment equal to 50% of the forfeiture. The assessment is appropriated to DATCP for fish health activities.

For further information see the state 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:

SB118, s. 1 Section 1. 20.115 (2) (i) of the statutes is created to read:

SB118,2,3 20.115 (2) (i) Fish health activities. All moneys received from the bait and fish reciprocity assessment under s. 95.62 (5) for activities related to fish health.

SB118, s. 2 Section 2. 59.25 (3) (f) 2. of the statutes is amended to read:

SB118,3,18 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. 757.05 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 required by s. 100.261 for the consumer protection assessment, 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. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, 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. 29.983 for the wild animal protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, the amounts required by s. 95.62 (5) for the bait and fish reciprocity assessment, and the amounts required by ss. 29.989 and 169.46 (2) 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.

SB118, s. 3 Section 3. 59.40 (2) (m) of the statutes is amended to read:

SB118,4,24 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. 757.05 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 required by s. 100.261 for the consumer protection assessment, 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. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, 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. 29.983 for the wild animal protection assessment, the amounts required under ss. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, the amounts required by s. 95.62 (5) for the bait and fish reciprocity assessment, and the amounts required under ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

SB118, s. 4 Section 4. 95.62 of the statutes is created to read:

SB118,5,1 95.62 Bait and fish reciprocity. (1) Definitions. In this section:

SB118,5,3 (a) "Bait" means any species of minnow, rough fish, frog, crayfish, shrimp, worm, grub, leech, or insect or insect larva, whether alive or dead.

SB118,5,4 (b) "Licensed bait dealer" means a person licensed under s. 29.509.

SB118,5,5 (c) "Minnow" has the meaning given in s. 29.001 (54).

SB118,5,6 (d) "Registered fish farmer" means a person registered under s. 95.60 (3m).

SB118,5,7 (e) "Rough fish" has the meaning given in s. 29.001 (74).

SB118,5,15 (2) Prohibition. If the laws of another jurisdiction prohibit a registered fish farmer or licensed bait dealer from bringing a type of bait into that jurisdiction from this state for sale for fishing purposes or prohibit a person from using for fishing purposes in that jurisdiction a type of bait obtained from a registered fish farmer or licensed bait dealer, no person authorized by that jurisdiction to raise or sell bait may bring that type of bait into this state for sale for fishing purposes and no person may bring into this state for fishing purposes that type of bait obtained from a person authorized by that jurisdiction to raise or sell bait.

SB118,5,22 (3) Rules. If the laws of another jurisdiction require a registered fish farmer or licensed bait dealer to post securities or impose other requirements that differ from those in s. 29.735 (1) or 95.60 (2) (a) as a condition of transporting or selling bait or farm-raised fish in that jurisdiction, the department may promulgate rules imposing similar requirements on a person authorized by that jurisdiction to raise or sell bait or farm-raised fish as a condition of transporting or selling bait or farm-raised fish in this state.

SB118,5,24 (4) Penalty. Any person who violates this section may be required to forfeit not more than $1,000.

SB118,6,3 (5) Assessment. (a) If a court imposes a forfeiture for a violation of this section, the court shall also impose a bait and fish reciprocity assessment equal to 50% of the amount of the forfeiture.

SB118,6,5 (b) If a forfeiture is suspended in whole or in part, the bait and fish reciprocity assessment shall be reduced in proportion to the suspension.

SB118,6,11 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the bait and fish reciprocity assessment under this subsection. If the deposit is forfeited, the amount of the bait and fish reciprocity assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the bait and fish reciprocity assessment shall also be returned.

SB118,6,16 (d) The clerk of the circuit court shall collect and transmit to the county treasurer the bait and fish reciprocity assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall credit all amounts received under this paragraph to the appropriation under s. 20.115 (2) (i).

SB118, s. 5 Section 5. 814.63 (3) (h) of the statutes is created to read:

SB118,6,18 814.63 (3) (h) Bait and fish reciprocity assessment imposed by s. 95.62 (5).

SB118,6,19 (End)