Wisconsin Statutes 29.024 – Approvals; forms; issuing agents
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Terms Used In Wisconsin Statutes 29.024
- Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Donor: The person who makes a gift.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Oath: A promise to tell the truth.
- Oath: includes affirmation in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Subpoena: A command to a witness to appear and give testimony.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(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 this proof to the department or its wardens on demand.
(2) Conditions and restrictions on approvals.
29.024(2)(a) (a) Except as provided in s. 29.182 (4), a hunting, trapping, or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.
(b) Except as provided under s. 29.194 (1), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.
(c) No more than one of the same series of approval may be issued to the same person for the same hunting or fishing season in any year except as authorized by the department.
(d) Except as provided under s. 29.179, 29.180, 29.182 (4), 29.185 (4), or 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use of any approval by any other person.
(e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person’s approval.
(f)
1. Except as provided under subd. 2. and as authorized by rules promulgated under sub. (5) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person.
2. A person who assists a disabled person may obtain an approval for a disabled person.
(g) No approval authorizing hunting, trapping, fishing or any other activity regulated by this chapter may be issued to any person who is prohibited from obtaining this type of an approval under this chapter.
(2g) Denial and revocation of approvals based on child support delinquency.
29.024(2g)(a) (a) Social security numbers required. Except as provided in par. (am), the department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:
1. Any license issued under this chapter except for any group fishing license issued under s. 29.193 (5).
3. A wild rice identification card issued under s. 29.607.
(am) Social security numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in par. (a) 1. to 3., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
(b) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.
(c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22.
(d) Denial of approvals.
1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.
2. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval fails to provide his or her social security number as required under par. (a), unless the applicant is an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am).
(e) Alternative to providing social security numbers. If the federal government allows a method under the system under s. 49.857 (2) for purposes of administering this subsection that does not require the use of social security numbers of individuals applying for or holding approvals, other than the method under par. (am) for submitting a statement made or subscribed under oath or affirmation that the individual does not have a social security number, the department shall request that the legislative reference bureau prepare legislation that allows compliance with that method and that eliminates the requirement that individuals provide their social security numbers under the system. The secretary shall submit the proposed legislation to the standing committee of each house of the legislature that has jurisdiction over fish and wildlife matters under s. 13.172 (3).
(2r) Denial and revocation of approvals based on delinquent taxes or unemployment insurance contributions.
(a) Social security and identification numbers required. Except as provided in par. (am), the department shall require an applicant who is an individual to provide his or her social security number and an applicant who is not an individual to provide the applicant’s federal employer identification number as a condition of applying for, or applying to renew, any of the following approvals:
1. A license issued under s. 29.501.
2. A wholesale fish dealer license issued under s. 29.503.
3. A taxidermist permit issued under s. 29.506 (2).
4. A bait dealer license issued under s. 29.509.
5. A guide license issued under s. 29.512.
6. A sport trolling license issued under s. 29.514.
7. A commercial fishing license issued under s. 29.519.
8. A net license issued under s. 29.523.
9. A slat net license issued under s. 29.526.
10. A trammel net license issued under s. 29.529.
11. A set or bank pole license issued under s. 29.531.
12. A setline license issued under s. 29.533.
13. A clamming license or permit issued under s. 29.537.
14. A fish farm permit issued under s. 29.733.
14m. A fish importation permit under s. 29.735.
14r. A fish stocking permit under s. 29.736.
15. A wild rice dealer license issued under s. 29.607 (4) (b).
16. A wild ginseng dealer license issued under s. 29.611 (7).
(am) Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in par. (a) 1. to 16., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.
(b) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.
(c) Disclosure of numbers. The department of natural resources may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301 and to the department of workforce development for the sole purpose of making certifications required under s. 108.227.
(d) Denial and revocation.
1. Except as provided in subd. 2., the department shall deny an application to issue or renew, or revoke if already issued, an approval specified in par. (a) if the applicant for or the holder of the approval fails to provide the information required under par. (a), if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under s. 73.0301, or if the department of workforce development certifies that the applicant or approval holder is liable for delinquent unemployment insurance contributions under s. 108.227.
2. The department may not deny an application under subd. 1. for the reason that the applicant failed to provide his or her social security number, if the applicant is an individual who submitted a statement made or subscribed under oath or affirmation as required under par. (am).
(2u) Revocation of hunting licenses based on incompetency. The department shall revoke any license authorizing hunting issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a hunting license under this chapter.
(3) Form of application. The application for an approval shall be on the form and contain the information required by the department and no approval may be issued until the applicant complies with these requirements.
(4) Form of approval.
(a) Date; expiration. Each approval issued under this chapter shall state for what period the approval is effective and the date of expiration.
(b) Name; description; signature. Each license or permit issued shall contain the name and address of the holder, a description of the holder and other information required by the department. Each license or permit shall, if required by the department under sub. (5) (a) 1., bear upon its face the signature of the holder and the date of issuance and shall be signed by the issuing agent. Each stamp shall, if required by the department under sub. (5) (a) 1., bear upon its face the signature of the holder. The department may apply any of the requirements of this subsection to other forms or approvals.
(5) Forms of approvals.
(a) Department rules. The department shall promulgate rules regulating the issuance of approvals. The rules shall include all of the following:
1. The signature requirements, if any, for each type of approval.
2. The conditions, if any, under which a person may be issued an approval for another person.
3. The authorized forms for stamps, which may include facsimiles, and the methods of attaching stamps to or imprinting stamps on other approvals issued under this chapter.
(b) Forms. The department shall prepare, procure the printing of, and supply all necessary forms for applications and approvals issued under this chapter and related applications for approvals.
(e) Identification numbers. The department may issue customer identification numbers as part of its statewide automated system for issuing approvals.
(f) Anatomical gift. The form for an application for a hunting, fishing, or trapping license shall include all of the following:
1. A question as to whether the applicant wishes to include his or her name as a donor of an anatomical gift in the record of potential donors maintained by the department of transportation and, if so, a space where the applicant must provide his or her middle initial.
2. A statement that an affirmative response to the question under subd. 1. authorizes an anatomical gift under s. 157.06, but that an applicant may also comply with sub. (12).
3. A method by which the applicant may elect to receive a donor card that is separate from any license.
4. A statement that the applicant is not required to respond to the question under subd. 1. in order to obtain a license.
5. A statement that the purpose of maintaining the record of potential donors is to facilitate the determination of whether a person is a potential donor in the event of his or her death.
6. A statement that the applicant must be a resident who is at least 15 years of age or an emancipated minor to include his or her name as a donor of an anatomical gift in the record of potential donors maintained by the department of transportation.
(6) Issuance of approvals by department and by agents.
(a) In issuing approvals under this section, the department may do any of the following for each type of approval:
1. Directly issue the approvals.
2. Appoint, as an agent of the department, the clerk of one or more counties to issue the approvals.
3. Appoint persons who are not employees of the department to issue the approvals as agents of the department.
4. Contract with persons who are not employees of the department to operate a statewide automated system for issuing approvals.
(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).
(b) The clerk of each county appointed under par. (a) 2. may accept the appointment.
(c)
1. The department shall promulgate rules for each type of approval under this chapter that specify which persons under par. (a) shall issue that type of approval except as provided under subd. 2.
2. Persons appointed under par. (a) 2. and 3., as well as the department, shall issue temporary disabled person fishing licenses under s. 29.193 (3m).
(d) The department may promulgate rules regulating the activities of persons appointed under par. (a) 2., 3., and 4.
(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. 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.
(8) Record of approvals issued. The department shall keep a complete record of all approvals issued.
(9) Tags. The department shall provide all tags required under this chapter and shall specify their form and numbering.
(10) Stamps; artwork. The department may design and produce waterfowl hunting stamps, pheasant hunting stamps, wild turkey hunting stamps, inland waters trout stamps and Great Lakes trout and salmon stamps. The department may select artwork for stamps through a contest or otherwise may acquire original artwork for stamps.
(11) Automatic reissuance of approvals. The department may develop a system under which, when a person purchases an approval, the person may opt to automatically purchase the same approval for subsequent years. The department may contract with a 3rd party to store customer information in order to carry out this system.
(12) Donor information.
(a) Department to transmit information. If a resident applicant answers the question regarding anatomical gifts in an application under sub. (5) (f) 1. in the affirmative, the department shall transmit to the department of transportation that authorization along with any other information about the applicant that the department of health services determines to be necessary under s. 157.06 (20).
(b) Record of gift.
1. If an applicant has indicated in an application under sub. (5) (f) that he or she wishes to include his or her name as a donor of an anatomical gift, the department shall include on the applicant’s hunting, fishing, or trapping license, so that it is clearly visible if printed, a space for the applicant to indicate that he or she wishes to be a donor of an anatomical gift. The anatomical gift described on the printed license shall be signed by the applicant. This printed and signed document shall serve as a record of gift under s. 157.06 (2) (t).
2. A part of the reverse side of each conservation card under s. 23.47 (2) shall be printed to serve as a record of gift under s. 157.06 (2) (t), with space for the card holder to indicate that he or she wishes to be a donor of an anatomical gift. The anatomical gift described on the conservation card shall be signed by the holder of the conservation card.
3. The department shall produce a separate, pocket-sized donor card to be issued to each applicant who requests one under sub. (5) (f) 3. The document shall include a space for the applicant to fill in his or her name and indicate that he or she wishes to be a donor of an anatomical gift. The anatomical gift described on the donor card shall be signed by the applicant. This document shall serve as a record of gift under s. 157.06 (2) (t).
4. Persons authorizing gifts of their body parts remain subject to s. 157.06.