AB409, s. 3 10Section 3. 23.62 (2) of the statutes is amended to read:
AB409,3,1611 23.62 (2) A citation may be issued or served anywhere in the state by delivering
12a copy to the defendant personally or it shall be served by leaving a copy at the
13defendant's usual place of abode with a person of discretion residing therein or by
14mailing a copy to the defendant's last-known address. A citation may be issued or
15served outside the state by mailing a copy to the defendant's last-known address.

16It shall be issued or served by a law enforcement officer.
AB409, s. 4 17Section 4. 23.65 (1) of the statutes is amended to read:
AB409,3,2418 23.65 (1) When it appears to the district attorney that a violation of s. 90.21,
19134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) , and (4), 287.07, 287.08,
20287.81, or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any
21administrative rule promulgated pursuant thereto, a violation specified under s.
22285.86, violations of s. 943.13 pursuant to s. 29.921 (4m), or a violation of ch. 951, if
23the animal involved is a captive wild animal, has been committed the district
24attorney may proceed by complaint and summons.
AB409, s. 5 25Section 5. 23.86 of the statutes is created to read:
AB409,4,5
123.86 Natural resources trespass surcharge. (1) Levy of natural
2resources trespass surcharge.
(a) If a court imposes a forfeiture for a violation of
3s. 943.13 that a person commits while engaged in an activity regulated under this
4chapter or ch. 26, 27, 28, 29, 169, or 350, the court shall impose a natural resources
5trespass surcharge under ch. 814 equal to 35 percent of the amount of the forfeiture.
AB409,4,76 (b) If a forfeiture is suspended in whole or in part, the natural resources
7trespass surcharge shall be reduced in proportion to the suspension.
AB409,4,138 (c) If any deposit is made for an offense to which this section applies, the person
9making the deposit shall also deposit a sufficient amount to include the natural
10resources trespass surcharge under this section. If the deposit is forfeited, the
11amount of the natural resources trespass surcharge shall be transmitted to the
12secretary of administration under par. (d). If the deposit is returned, the natural
13resources trespass surcharge shall also be returned.
AB409,4,1914 (d) The clerk of the court shall collect and transmit to the county treasurer the
15natural resources trespass surcharge and other amounts required under s. 59.40 (2)
16(m). The county treasurer shall then make payment to the secretary of
17administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall
18deposit the amount of the natural resources trespass surcharge into the conservation
19fund.
AB409,4,22 20(2) Use of natural resources trespass surcharge funds. All moneys collected
21from natural resources trespass surcharges shall be credited to the appropriation
22under s. 20.370 (3) (mu).
AB409, s. 6 23Section 6. 29.011 (2) of the statutes is amended to read:
AB409,5,424 29.011 (2) The legal title to a wild animal or carcass, taken or reduced to
25possession in violation of this chapter, remains in the state. The title to a wild animal

1or carcass, lawfully acquired, is subject to the condition that upon the violation of this
2chapter
the laws of this state relating to the possession, use, giving, sale, barter or
3transportation of a wild animal or carcass by the owner, the ownership shall revert,
4as a result of the violation, to the state.
AB409, s. 7 5Section 7. 29.921 (4m) of the statutes is created to read:
AB409,5,156 29.921 (4m) Trespass. The department and its wardens may execute and serve
7warrants and processes issued for a violation of s. 943.13, if the violation was done
8while the person was engaged in an activity regulated under this chapter or ch. 23,
926, 27, 28, 169, or 350, in the same manner as any constable may serve and execute
10the process; and may arrest, with or without a warrant, any person detected in the
11actual violation, or whom the warden has probable cause to believe is guilty of such
12a violation, and may take the person before any court in the county where the
13violation was committed and make a proper complaint. For the purpose of enforcing
14any of the laws of this state, any warden may stop and board any boat and stop any
15vehicle, if the warden reasonably suspects there is a violation of the law.
AB409, s. 8 16Section 8. 29.921 (5) of the statutes is amended to read:
AB409,6,1017 29.921 (5) Additional arrest powers. In addition to the arrest powers under
18sub. subs. (1) and (4m), a warden who has completed a program of law enforcement
19training approved by the law enforcement standards board, has been certified as
20qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied
21with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in
22uniform or on duty and upon display of proper credentials may assist another law
23enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at
24the request of the agency, may arrest a person pursuant to an arrest warrant
25concerning the commission of a felony or may arrest a person who has committed a

1crime in the presence of the warden. If the warden makes an arrest without the
2presence of another law enforcement agency, the warden shall cause the person
3arrested to be delivered to the chief of police or sheriff in the jurisdiction where the
4arrest is made, along with the documents and reports pertaining to the arrest. The
5warden shall be available as a witness for the state. A warden may not conduct
6investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924
7(1) and 41.41 (12). A warden acting under the authority of this subsection is
8considered an employee of the department and is subject to its direction, benefits and
9legal protection. The authority granted in this section does not apply to county
10conservation wardens or special conservation wardens.
AB409, s. 9 11Section 9. 29.924 (1) of the statutes is amended to read:
AB409,6,1612 29.924 (1) Investigations. The department and its wardens shall, upon Upon
13receiving notice or information of the violation of any of the laws cited ins. for which
14the department and its wardens have enforcement authority under s.
29.921 (1), to
15(4m), the department and its wardens shall
as soon as possible make a thorough
16investigation and institute proceedings if the evidence warrants it.
AB409, s. 10 17Section 10. 29.924 (2) of the statutes is amended to read:
AB409,7,318 29.924 (2) Driving without headlights. In the performance of their law
19enforcement duties, wardens may operate motor vehicles owned or leased by the
20department upon a highway, other than an interstate, a state trunk highway or any
21highway within the limits of any incorporated area, during hours of darkness
22without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06, if
23the driving will aid in the accomplishment of a lawful arrest for violation of this
24chapter any of the laws for which the department and its wardens have enforcement
25authority under s. 29.921 (1) to (4m)
or in ascertaining whether a violation of this

1chapter
these laws has been or is about to be committed. Any civil action or
2proceeding brought against any warden operating a motor vehicle under this
3subsection is subject to ss. 893.82 and 895.46.
AB409, s. 11 4Section 11. 29.924 (3) of the statutes is amended to read:
AB409,7,125 29.924 (3) Opening packages. The department and its wardens may examine
6and open any package in the possession of a common carrier which they have
7probable cause to believe contains wild animals, or carcasses, in violation of this
8chapter, or carcasses,
any of the laws for which the department and its wardens have
9enforcement authority under s. 29.921 (1) to (4m),
or is falsely labeled in violation
10of this chapter these laws. Each common carrier and its agent or employee shall
11permit the officer to examine and open the package. Any opened package shall be
12restored to its original condition.
AB409, s. 12 13Section 12. 29.924 (4) of the statutes is amended to read:
AB409,7,2214 29.924 (4) Access to storage places. The owner or occupant of any
15cold-storage warehouse or building used for the storage or retention of wild animals,
16or their carcasses, that are subject to regulation under this chapter any of the laws
17for which the department and its wardens have enforcement authority under s.
1829.921 (1) to (4m)
shall permit the department and its wardens to enter and examine
19the premises subject to s. 66.0119. The owner or occupant, or the agent or employee
20of the owner or occupant, shall deliver to the officer any such wild animal or carcass,
21in his or her possession during the closed season, whether taken within or without
22the state
AB409, s. 13 23Section 13. 29.931 (1) of the statutes is amended to read:
AB409,8,724 29.931 (1) Seizure and confiscation of wild animals or plants. The
25department and its wardens shall seize and confiscate any wild animal, carcass or

1plant caught, killed, taken, had in possession or under control, sold or transported
2in violation of this chapter or ch. 169 any of the laws for which the department and
3its wardens have enforcement authority under s. 29.921 (1) to (4m)
. The officer may,
4with or without warrant, open, enter and examine all buildings, camps, boats on
5inland or outlying waters, vehicles, valises, packages and other places where the
6officer has probable cause to believe that wild animals, carcasses or plants, taken or
7held in violation of this chapter or ch. 169 these laws, are to be found.
AB409, s. 14 8Section 14. 29.931 (2) (a) of the statutes is amended to read:
AB409,8,259 29.931 (2) (a) The department and its wardens shall seize and hold, subject to
10the order of the court for the county in which the alleged offense was committed, any
11vehicle, boat or object declared by this chapter to be a public nuisance, or which they
12have probable cause to believe is being used in violation of this chapter or ch. 169 or
13s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the
14commission of a crime involving an animal normally found in the wild in violation
15of s. 951.09, or is being used in the commission of a crime relating to a submerged
16cultural resource in violation of s. 44.47
any of the laws for which the department and
17its wardens have enforcement authority under s. 29.921 (1) to (4m)
. If it is proven
18that the vehicle, boat or object is a public nuisance or that within 6 months previous
19to the seizure the vehicle, boat or object was used in violation of this chapter or ch.
20169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the
21commission of a crime involving an animal normally found in the wild in violation
22of s. 951.09, or was used in the commission of a crime relating to a submerged cultural
23resource in violation of s. 44.47
any of the laws for which the department and its
24wardens have enforcement authority under s. 29.921 (1) to (4m)
, it shall be
25confiscated if the court directs in its order for judgment.
AB409, s. 15
1Section 15. 29.931 (2) (b) of the statutes is amended to read:
AB409,9,42 29.931 (2) (b) Any perishable property seized by the department or its wardens
3under this section may be sold at the highest available price, and the proceeds of the
4sale turned into court for disposition as the court directs.
AB409, s. 16 5Section 16. 29.934 (1) (a) of the statutes is amended to read:
AB409,9,186 29.934 (1) (a) All wild animals, carcasses or, plants, vehicles, boats, or objects
7that are not destroyed as authorized by law and
that are confiscated by the
8department for a violation of this chapter or ch. 169 and all vehicles, boats or objects
9confiscated by the department for a violation of this chapter or ch. 169 shall, if not
10destroyed as authorized by law,
any of the laws for which the department and its
11wardens have enforcement authority under s. 29.921 (1) to (4m), shall
be sold at the
12highest price obtainable, except as provided in s. 29.936, by the department, or by
13an agent on commission under supervision of the department. The net proceeds of
14sales under this subsection, after deducting the expense of seizure and sale and any
15commissions and any amounts owing to holders of security interests under par. (c)
16or (d), shall be remitted to the department. The remittance shall be accompanied by
17a report of the sales, supported by vouchers for expenses and commissions, and shall
18be filed with the department.
AB409, s. 17 19Section 17. 29.934 (2) of the statutes is amended to read:
AB409,9,2420 29.934 (2) On any sales under this section of wild animals or carcasses, the
21department or the agent selling them shall issue to each purchaser a certificate, on
22forms prepared and furnished by the department, covering the sales. The wild
23animals or carcasses so purchased shall be consumed, resold, or otherwise disposed
24of by the purchaser within a period to be set by the department, but may not be resold

1or exchanged, in whole or in part, to any other person, except as provided in sub. (3)
2or as authorized by the department
.
AB409, s. 18 3Section 18. 350.10 (1) (f) of the statutes is amended to read:
AB409,10,84 350.10 (1) (f) On the private property of another without the consent of the
5owner or lessee. Failure to post private such property does not imply consent for
6snowmobile use. Any other motor-driven craft or vehicle principally manufactured
7for off-highway use shall at all times have the consent of the owner before operation
8of such craft or vehicle on private lands of another.
AB409, s. 19 9Section 19. 814.75 (17m) of the statutes is created to read:
AB409,10,1010 814.75 (17m) The natural resources trespass surcharge.
AB409, s. 20 11Section 20. 814.77 (10m) of the statutes is created to read:
AB409,10,1212 814.77 (10m) The natural resources trespass surcharge under s. 23.86.
AB409, s. 21 13Section 21. 814.80 (13m) of the statutes is created to read:
AB409,10,1414 814.80 (13m) The natural resources trespass surcharge.
AB409, s. 22 15Section 22. 943.13 (3g) of the statutes is created to read:
AB409,10,1816 943.13 (3g) (a) The department of natural resources may follow the procedures
17for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a
18violation of this section pursuant to s. 29.921 (4m).
AB409,10,2419 (b) If a person is convicted of a violation of this section while engaged in an
20activity regulated under ch. 23, 26, 27, 28, 29, 169, or 350, the court may revoke or
21suspend any or all approvals and privileges granted to the person under ch. 29, and
22may revoke or suspend any or all licenses and privileges granted to the person under
23ch. 169 that relate to hunting or trapping, for a period of not more than 3 years from
24the date of conviction.
AB409,11,4
1(c) If a person is convicted of a violation of this section while engaged in an
2activity regulated under ch. 23, 26, 27, 28, 29, 169, or 350 and the person has been
3convicted of a crime while engaged in such activity arising from the same incident
4or occurrence, the court shall do all of the following:
AB409,11,75 1. Revoke all approvals and privileges granted to the person under ch. 29 and
6revoke all licenses and privileges granted to the person under ch. 169 that relate to
7hunting or trapping.
AB409,11,108 2. Prohibit the issuance to the person of any approvals under ch. 29, and the
9issuance to the person of any licenses under ch. 169 that relate to hunting or
10trapping, for a period of 5 years from the date of conviction.
AB409,11,1111 (End)
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