23.47(3)(c) (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.
23.47(3)(d) (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., 23.335 (4) (f) 2., 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.
23.47(3)(e) (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).
23.47(4) (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:
23.47(4)(a) (a) The first day of the 25th month beginning after the effective date of the emergency rule.
23.47(4)(b) (b) The effective date of the repeal of the emergency rule.
23.47(4)(c) (c) The date on which any corresponding permanent rule takes effect.
23.47 History History: 2015 a. 89, 170.
23.49 23.49 Credit card use charges. The department shall certify to the secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the secretary of administration shall pay the charges from moneys received under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 20.907 (5) (e) 12e.
23.49 History History: 1985 a. 29; 1989 a. 31; 1995 a. 201; 2003 a. 33.
23.50 23.50 Procedure in forfeiture actions.
23.50(1) (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.
23.50(2) (2) All actions to recover these forfeitures and costs, fees, and surcharges imposed under ch. 814 are civil actions in the name of the state of Wisconsin, shall be heard in the circuit court for the county where the offense occurred, and shall be recovered under the procedure set forth in ss. 23.50 to 23.85.
23.50(3) (3) All actions in municipal court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits, and stipulations of no contest in ss. 23.51 (1m), (3), and (8), 23.53, 23.54, 23.56 to 23.64, 23.66, and 23.67 shall apply to violations of such ordinances.
23.50(4) (4) Where a fine or imprisonment, or both, is imposed by a statute enumerated in sub. (1), the procedure in ch. 968 shall apply.
23.50 History History: 1975 c. 365; 1977 c. 29, 305; 1977 c. 449 ss. 44, 497; 1979 c. 32 s. 92 (17); 1979 c. 34 ss. 703b, 2102 (39) (f); 1981 c. 390; 1985 a 36; 1987 a. 27; 1987 a. 200 s. 4; 1989 a. 79, 284, 335, 359; 1991 a. 39, 97; 1993 a. 16, 243, 344, 349, 491; 1995 a. 27, 216, 227, 290; 1997 a. 35; 1999 a. 9; 2001 a. 56; 2003 a. 139, 276; 2005 a. 360; 2013 a. 69; 2015 a. 170.
23.51 23.51 Words and phrases defined. In ss. 23.50 to 23.85 the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
23.51(1d) (1d) “Captive" has the meaning given in s. 169.01 (2).
23.51(1m) (1m) “Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies the person cited of a violation of a statute or rule enumerated in s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
23.51(2) (2) “Complaint" means the pleading of essential facts and applicable law coupled with a demand for judgment.
23.51(2L) (2L) “Corporation" includes a limited liability company.
23.51(3) (3) “Enforcing officer" means a peace officer as defined in s. 939.22 (22), but not including a commission warden, as defined in s. 939.22 (5), or means a person who has authority to act pursuant to a specific statute.
23.51(7) (7) “Summons" means an order to appear in court at a particular time and place. It accompanies the delivery of a complaint but not a citation.
23.51(8) (8) “Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture.
23.51(9m) (9m) “Wild animal" has the meaning given in s. 169.01 (37).
23.51 History History: 1975 c. 365; 1977 c. 29; 1979 c. 34; 1985 a. 36; 1985 a. 332 s. 251 (7); 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 112; 1995 a. 227; 1997 a. 27, 248; 1999 a. 9; 2001 a. 56; 2003 a. 139; 2005 a. 253; 2007 a. 27.
23.52 23.52 Two forms of action. Actions under this chapter may be commenced by a citation, or by a complaint and summons.
23.52 History History: 1975 c. 365.
23.53 23.53 Use of citation.