1997 Wisconsin Act 249

249,37 Section 37 . 29.45 (2m) of the statutes is created to read:

29.45 (2m) Any person may transport an antlerless deer killed under the authority of his or her hunter's choice, bonus or other deer hunting permit on any highway, as defined s. 340.01 (22), in order to register the deer in the deer management area where the dear was killed or in an adjoining management area.

Note: This bill allows a person who takes an antlerless deer under an antlerless deer hunting permit to transport the deer to be registered in the deer management unit where the deer was killed or an adjoining unit but does not require, as do current rules, that the transportation be by federal or state highways.

249,38 Section 38 . 167.31 (4) (c) of the statutes is amended to read:

167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.09 (9) (c) who is hunting from a stationary vehicle.

249,39 Section 39 . 167.31 (4) (cg) (intro.) of the statutes is amended to read:

167.31 (4) (cg) (intro.) A holder of a Class A or Class B permit under s. 29.09 (9) (c) 1. who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

249,40 Section 40 . 167.31 (4) (cm) of the statutes is amended to read:

167.31 (4) (cm) For purposes of pars. (c) and (cg), the exemption from sub. (2) (b) under these paragraphs only applies to the firearm, bow or crossbow being used for hunting by the holder of the Class A or Class B permit under s. 29.09 (9) (c) 1.

Note: Currently, a disabled state resident holding a Class A permit is exempt from certain restrictions on hunting from a roadway. A Class A permit is issued to a person with a permanent disability. This bill expands these exceptions to apply also to the holder of a Class B permit, which is issued to a person with temporary disabilities, if the Class B permit issued by the DNR specifically authorizes the hunting methods covered by the exemption.

249,41 Section 41 . 167.31 (4) (f) of the statutes is created to read:

167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

Note: Current s. 167.31 (2) (d) provides that no person may discharge a firearm within 50 feet of the center of a roadway. This bill clarifies that the prohibition on discharging a firearm within 50 feet of the center of a roadway does not prohibit the person from possessing a loaded firearm within 50 feet of the center of a roadway, if the person does not violate the restrictions in s. 167.31 (2) (b) and (c) regarding possession of a firearm in or on a vehicle and loading or discharging a firearm in or from a vehicle.

249,42 Section 42 . 167.31 (4m) of the statutes is amended to read:

167.31 (4m) Rules. The department may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under s. 29.09 (9) (c) 1. may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under s. 227.15 (1).

249,43 Section 43 . 941.20 (3) (b) 2. of the statutes is amended to read:

941.20 (3) (b) 2. Paragraph (a) does not apply to the holder of a permit under s. 29.09 (9) (c) who is hunting from a standing vehicle, as defined in s. 29.09 (9) (a) 4., in accordance with s. 29.09 (9) (cr) 2.

249,44 Section 44 . Nonstatutory provisions; natural resources.

(1) Revenue sources for fish and wildlife account.

(a) The department of natural resources shall study the potential for new or increased sources of revenue for the fish and wildlife account of the conservation fund.

(b) The scope of the study shall be limited to the following issues:

1. Proposals for the creation of new licenses, permits, approvals or fees for the use of state-owned property under the jurisdiction of the department of natural resources.

2. A review of current fees that are paid into the conservation fund to determine if the fees adequately compensate the state for the services provided to those who use state land.

3. The potential for using general purpose revenues, including an earmarked sales tax increase, as a supplement to the conservation fund.

(c) The study shall include the following provisions:

1. An analysis of the activities on state-owned property that do not currently require a fee or for which the current fees do not reflect the costs and benefits of the activity.

2. Proposals for new or increased fees, including recommendations regarding reduced fees or exemptions for designated groups, such as persons under the age of 18.

3. Proposals for implementing and collecting any new fees, including issues regarding the methods of imposing the fees, costs of collection and enforcement issues.

4. The potential for overlap of any proposed new fees with fees that are currently charged to users of public land.

5. Projections of the potential income from new or increased fees.

6. An analysis of how future changes in licensing technology and procedures, such as computerized licenses, may affect proposals for new or expanded fees.

(d) In conducting the study required in this subsection, the department of natural resources shall consult with organizations representing individuals who use state-owned property under the jurisdiction of the department and organizations representing the tourism and hospitality industries.

(e) The department of natural resources shall submit a report summarizing its findings and recommendations no later than January 1, 1999, to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

249,45 Section 45 . Effective dates. This act takes effect on the day after publication, except as follows:

(1) The repeal and recreation of section 29.09 (1m) of the statutes takes effect on January 1, 1999.