SB347: Bill Text

SB347,13,5 23.33 (2h) Alterations and falsifications prohibited. (a) No person may intentionally do any of the following:

SB347,13,7 1. Make a false statement on an application for a registration issued under sub. (2) or (2g).

SB347,13,9 2. Alter, remove, or change any number or other character in an engine serial number.

SB347,13,11 3. Alter, remove, or change any number or other character in a vehicle identification number.

SB347,13,12 (b) No person may do any of the following:

SB347,13,16 1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on an all-terrain vehicle or utility terrain vehicle that is manufactured on or after the effective date of this subdivision .... [LRB inserts date].

SB347,13,18 2. Place a vehicle identification number tag that the person knows to be false on an all-terrain vehicle or utility terrain vehicle.

SB347,22 Section 22. 23.33 (2j) (a) of the statutes is renumbered 23.33 (2j) (a) (intro.) and amended to read:

SB347,13,21 23.33 (2j) (a) (intro.) In this subsection, "public:

SB347,13,24 1. "Public all-terrain vehicle corridor" means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.

SB347,23 Section 23. 23.33 (2j) (a) 2. of the statutes is created to read:

SB347,14,4 23.33 (2j) (a) 2. "Temporary trail use receipt" means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a nonresident trail pass have been submitted to the department or an agent appointed under sub. (2j) (f) 1.

SB347,24 Section 24. 23.33 (2j) (b) of the statutes is amended to read:

SB347,14,10 23.33 (2j) (b) Except as provided in par. (e) and sub. (2k), no person may operate an all-terrain vehicle or a utility terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is permanently affixed in a highly visible location on the forward half of the vehicle or the person is carrying proof of a valid temporary trail use receipt.

SB347,25 Section 25. 23.33 (2j) (e) of the statutes is amended to read:

SB347,14,20 23.33 (2j) (e) An all-terrain vehicle or a utility terrain vehicle that is registered under sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt from registration under sub. (2) (b) 1., 3., 3m., or 4. is exempt from having a nonresident trail pass or temporary trail use receipt displayed as required under par. (b). The department may promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes or temporary trail use receipts displayed as required under par. (b) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.

SB347,26 Section 26. 23.33 (2j) (f) of the statutes is amended to read:

SB347,14,24 23.33 (2j) (f) 1. The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident trail passes temporary trail use receipts and collect the fees for these passes.

SB347,15,5 2. Any person, including the department, who issues a nonresident trail pass or a temporary trail use receipt shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the pass temporary trail use receipt.

SB347,15,9 3. The department shall establish, by rule, procedures for issuing nonresident trail passes and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.

SB347,27 Section 27. 23.33 (5) (b) 2. of the statutes is amended to read:

SB347,15,17 23.33 (5) (b) 2. Any person who is required to hold an all-terrain vehicle or utility terrain vehicle safety certificate while operating an all-terrain vehicle or utility terrain vehicle shall carry the certificate on the all-terrain vehicle or utility terrain vehicle proof that the person holds a valid safety certificate and shall display the certificate this proof to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle or utility terrain vehicle in an area designated by the instructor.

SB347,28 Section 28. 23.33 (5) (b) 3. of the statutes is created to read:

SB347,15,21 23.33 (5) (b) 3. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle or utility terrain vehicle in an area designated by the instructor.

SB347,29 Section 29. 23.45 (1) (c) of the statutes is amended to read:

SB347,15,25 23.45 (1) (c) "Personal identifier" means a name, social security number, telephone number, street address, post-office box number or , 9-digit extended zip code, or electronic mail address.

SB347,30 Section 30. 23.45 (1) (d) of the statutes is amended to read:

SB347,16,5 23.45 (1) (d) "Registration" means any registration documentation document, as defined in s. 23.33 (1) (jn) or s. 350.01 (10t), or any certification or registration documentation document, as defined in s. 30.50 (3b), that is issued by the department or its agents.

SB347,31 Section 31. 23.47 of the statutes is created to read:

SB347,16,10 23.47 Forms of proof; electronic retrieval of information; reprints. (1) Forms of proof. The department may designate, by rule, forms of acceptable proof of the following items and the locations at and times during which those forms of proof are valid:

SB347,16,12 (a) A registration document, safety certificate, trail pass, or temporary trail use receipt under s. 23.33.

SB347,16,13 (b) An approval under ch. 29.

SB347,16,15 (c) A certification or registration document or safety certificate under subch. V of ch. 30.

SB347,16,17 (d) A registration document, safety certificate, trail use sticker, or temporary trail use receipt under ch. 350.

SB347,17,2 (2) Electronic retrieval of information. If the department maintains a system under which the department stores information in an electronic format that relates to individuals who have been issued approvals under ch. 29 or safety certificates under s. 23.33, 30.74, or 350.055, the department may issue a conservation card to any individual who applies for the card for purposes of enabling the department to access information about that individual in the system. The department may authorize an individual to carry a conservation card or another form of identification, determined by the department, in lieu of carrying proof under sub. (1).

SB347,17,6 (3) Reprints. (a) Reprints of approvals and safety certificates. The department may maintain a system under which an individual may obtain a reprint of certain approvals under ch. 29 and safety certificates under s. 23.33 and chs. 29, 30, and 350. The department shall designate, by rule, all of the following:

SB347,17,7 1. Who may produce a reprint for approvals and safety certificates.

SB347,17,8 2. For which approvals and safety certificates a reprint may be produced.

SB347,17,10 3. The manner in which a reprint of an approval or safety certificate may be produced.

SB347,17,12 (b) Reprints; fees. 1. No fee may be charged for a reprint produced by a customer.

SB347,17,14 2. Except as provided under ss. 29.555, 29.563 (14) (c) 1., and 29.566 (1m), no fee may be charged for a reprint of an approval under ch. 29.

SB347,17,20 3. The department may and an agent appointed under s. 23.33 (2) (i) 3., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. shall collect a reprint fee of $1.25 and an issuing fee of 75 cents for each reprint issued of a safety certificate under s. 23.33 or ch. 30 or 350. An agent appointed under s. 23.33 (2) (i) 3., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. may retain 50 cents of each issuing fee for each document reprinted to compensate for services in issuing the reprint.

SB347,17,23 (c) Reprints; issuance. If the department contracts with persons to operate a statewide automated system for issuing approvals under ch. 29, the department may also issue reprints of approvals and safety certificates through that system.

SB347,18,6 (d) Safety certificate reprints; transaction fee. The department shall establish a system under which the department pays each agent appointed under s. 23.33 (2) (i) 3., 30.52 (1m) (a) 3., or 350.12 (3h) (a) 3. a payment of 50 cents for each time that the agent processes a transaction through the statewide automated system under par. (c). This payment is in addition to any issuing fee, processing fee, or handling fee retained by the agent. The department shall make these payments by allowing the agent to retain an amount equal to the payments from the amounts that are collected by the agent and that would otherwise be remitted to the department.

SB347,18,10 (e) Safety certificate reprints; deduction. Under a contract under par. (c), the department may deduct a portion of each fee collected for a reprint issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (9) (hv).

SB347,18,20 (4) Emergency rule. Using the procedure under s. 227.24, the department may promulgate emergency rules related to forms of proof, the electronic retrieval of information, the issuance of conservation cards, and the issuance of reprints under this section. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), an emergency rule promulgated under this subsection remains in effect until whichever of the following occurs first:

SB347,18,22 (a) The first day of the 25th month beginning after the effective date of the emergency rule.

SB347,18,23 (b) The effective date of the repeal of the emergency rule.

SB347,18,24 (c) The date on which any corresponding permanent rule takes effect.

SB347,32 Section 32. 23.58 of the statutes is renumbered 23.58 (1).

SB347,33 Section 33. 23.58 (2) of the statutes is created to read:

SB347,19,6 23.58 (2) An enforcing officer has reasonable suspicion to perform a stop under sub. (1) if an all-terrain vehicle, utility terrain vehicle, boat, or snowmobile does not visibly display a registration plate or decal under s. 23.33 (2), a nonresident trail pass under s. 23.33 (2j), a registration or certification decal under s. 30.523 (2), or a registration decal or trail use sticker under s. 350.12 (5).

SB347,34 Section 34. 23.59 of the statutes is amended to read:

SB347,19,22 23.59 Search during temporary questioning. When an enforcing officer has stopped a person for temporary questioning pursuant to s. 23.58 (1) and reasonably suspects that he or she or another is in danger of physical injury, the officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the officer finds such a weapon or instrument, or any other property possession of which he or she reasonably believes may constitute the commission of a violation of those statutes enumerated in s. 23.50 (1) or which may constitute a threat to his or her safety, the officer may take it and keep it until the completion of the questioning, at which time he or she shall either return it, if lawfully possessed, or arrest the person so questioned for possession of the weapon, instrument, article or substance, if he or she has the authority to do so, or detain the person until a proper arrest can be made by appropriate authorities. Searches during temporary questioning as provided under this section shall only be conducted by those enforcing officers who have the authority to make arrests for crimes.

SB347,35 Section 35. 23.90 (6) of the statutes is created to read:

SB347,20,4 23.90 (6) If an offense results from the violation of a requirement to possess an approval issued under ch. 29, a prohibition against breaking, removing, interfering with, altering, forging, or misrepresenting an approval or proof of an approval issued under ch. 29, or a prohibition under ch. 29 against counterfeit approvals or illegally-obtained approvals, the defendant may be tried in the county where the offense was committed or Dane County.

SB347,36 Section 36. 29.001 (12) of the statutes is amended to read:

SB347,20,10 29.001 (12) "Approval" means any type of approval , privilege, or authorization issued or conferred by the department under this chapter including any license, permit, certificate, card, stamp, preference point, or tag unless the context requires a different meaning. "Approval" does not include a conservation card issued under s. 23.47 (2).

SB347,37 Section 37. 29.001 (65) of the statutes is created to read:

SB347,20,15 29.001 (65) "Proof," when used in reference to evidence of an approval, means the original approval document issued by the department or an agent appointed under s. 29.024 (6) (a) or any alternative form of proof designated by rule under s. 23.47 (1).

SB347,38 Section 38. 29.024 (1) of the statutes is amended to read:

SB347,20,24 29.024 (1) Approvals required. Except as specifically provided in this chapter, ch. 169, or s. 95.55 (5), no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry proof of the required approval with him or her at all times while hunting, trapping, or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval this proof to the department or its wardens on demand.

SB347,39 Section 39. 29.024 (6) (ag) of the statutes is amended to read:

SB347,21,6 29.024 (6) (ag) Under a contract issued under par. (a) 4., the department may deduct a portion of each fee collected for a license issued pursuant to the statewide automated system and a portion of each reprint fee or issuing fee collected for a reprint issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (9) (hv).

SB347,40 Section 40. 29.024 (6) (am) of the statutes is repealed.

SB347,41 Section 41. 29.024 (6) (b) of the statutes is amended to read:

SB347,21,10 29.024 (6) (b) The clerk of each county appointed under par. (a) 2. or (am) 2. may accept the appointment.

SB347,42 Section 42. 29.024 (6) (d) of the statutes is amended to read:

SB347,21,13 29.024 (6) (d) The department may promulgate rules regulating the activities of persons appointed under pars. par. (a) 2., 3., and 4. and (am) 2. and 3.

SB347,43 Section 43. 29.024 (7) of the statutes is amended to read:

SB347,22,4 29.024 (7) Duplicates. If any license, permit, certificate, or card is lost, the person to whom the license, permit, certificate, or card was issued may apply to the department for a duplicate by submitting an affidavit proving loss. The department may accept information in a form other than an affidavit. The department shall make an inquiry and investigation as it considers necessary. If the department is satisfied that the loss has been proven, the department may issue a duplicate license, permit, certificate, or card to the applicant. Back tags and other tags issued with a license, permit, certificate, or card are parts of the license, permit, certificate, or card and loss of any part is considered to be loss of the entire license, permit, certificate, or card. Upon applying for a duplicate license, permit, certificate , or card, the original is no longer valid and the applicant shall surrender all parts of the original remaining in his or her possession to the department. No person may possess any original license, permit, certificate, or card for which a duplicate has been issued. No duplicate stamp may be issued and, if a stamp is lost, the person to whom it was issued is required to apply for and pay the regular fee in order to receive a new stamp.

SB347,44 Section 44. 29.171 (3) (a) of the statutes is amended to read:

SB347,22,8 29.171 (3) (a) Except as provided under par. (b), the department shall issue to each person who is issued a resident archer hunting license a deer carcass tag and a back tag.

SB347,45 Section 45. 29.171 (3) (b) of the statutes is amended to read:

SB347,22,12 29.171 (3) (b) The department may not issue a deer carcass tag or back tag to a person who is issued a resident archer hunting license at the reduced fee under s. 29.563 (2g).

SB347,46 Section 46. 29.172 (3) of the statutes is amended to read:

SB347,22,16 29.172 (3) (a) Except as provided under par. (b), the department shall issue to each person who is issued a resident crossbow hunting license a deer carcass tag and a back tag.

SB347,22,18 (b) The department may not issue a deer carcass tag or back tag to a person who is issued a resident crossbow hunting license at the reduced fee under s. 29.563 (2g).

SB347,47 Section 47. 29.173 (3) of the statutes is amended to read:

SB347,22,22 29.173 (3) Deer carcass tag and back tag. The department shall issue to each person who is issued a resident deer hunting license a deer carcass tag and a back tag.

SB347,48 Section 48. 29.179 (3) (a) of the statutes is amended to read:

SB347,23,3 29.179 (3) (a) If the holder of an approval is a resident and the holder applies to transfer the approval to a nonresident and if there is a fee for the issuance of the approval, the holder transferee shall pay, at the time of application, any difference between the fee for issuing the approval to a resident and the fee for the approval to a nonresident the fee for the approval.

SB347,49 Section 49. 29.184 (8) (a) of the statutes is amended to read:

SB347,23,10 29.184 (8) (a) The department shall issue a bear carcass tag to each person who is issued a Class A bear license. Except as provided under par. (b) and s. 29.349 (2), a person who kills a bear shall immediately validate and attach the carcass tag to the bear. The No person may possess, control, store, or transport a bear carcass unless the carcass tag shall be attached and has been validated according to rules promulgated in the manner required by the department.

SB347,50 Section 50. 29.184 (8) (b) of the statutes is amended to read:

SB347,23,14 29.184 (8) (b) A person who kills a bear under sub. (3) (br) 4. shall ensure that the person for whom the bear is killed attaches a current validated validates the bear carcass tag in the manner provided under par. (a) required by the department.

SB347,51 Section 51. 29.185 (4) (b) of the statutes is amended to read:

SB347,23,19 29.185 (4) (b) If the holder of the wolf harvesting license is a resident and the holder applies to transfer the license to a nonresident, the holder transferee shall pay, at the time of application, any difference between the fee for issuing the license to a resident and the fee for issuing the license to a nonresident the fee for the license.

SB347,52 Section 52. 29.185 (7) (a) of the statutes is amended to read: