LRB-0582/1
RNK:wlj:rs
2013 - 2014 LEGISLATURE
February 1, 2013 - Introduced by Representatives Kleefisch and T. Larson,
cosponsored by Senators Kedzie and S. Fitzgerald. Referred to Committee on
Natural Resources and Sporting Heritage.
AB8,1,5 1An Act to renumber and amend 29.038 (3); to amend 29.301 (1) (b) and 29.301
2(1) (c); and to create 29.038 (3) (b) of the statutes; relating to: restrictions on
3hunting within a specified distance of hospitals, sanatoriums, or school grounds
4and restrictions imposed by local governmental units on hunting with a bow
5and arrow or crossbow.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a local governmental unit from enacting or
adopting any ordinance or restriction (restriction) that regulates hunting, fishing,
trapping, or management of wild animals except on land the local governmental unit
owns or leases or unless state law specifically authorizes the local governmental unit
to enact or adopt such restriction. Current statutes also specify that a local
governmental unit may enact or adopt a restriction that has an incidental effect on
hunting, fishing, or trapping, but only if the primary purpose is to further public
health or safety.
This bill provides, with an exception, that a local governmental unit may not
enact or adopt a restriction that prohibits hunting with a bow and arrow or crossbow
within the jurisdiction of that local governmental unit. Under the exception provided
in the bill, a local governmental unit may prohibit a person from hunting with a bow
and arrow or crossbow within a specified distance, not to exceed 100 yards, of a
building used for human occupancy that is located on another person's land. The bill
specifies that the enacted or adopted restriction must provide that it does not apply

if the person who owns the land on which the building is located allows the hunter
to hunt with a bow and arrow or crossbow within the specified distance of the
building.
Under current law, no person may hunt within 1,700 feet of a hospital,
sanatorium, or the grounds of a school. This bill specifies that this prohibition
applies only to a person who is hunting with a firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB8, s. 1 1Section 1. 29.038 (3) of the statutes is renumbered 29.038 (3) (a) and amended
2to read:
AB8,2,63 29.038 (3) (a) A Except as provided in par. (b), a local governmental unit may
4enact an ordinance or adopt a regulation, resolution or other restriction that has an
5incidental effect on hunting, fishing or trapping, but only if the primary purpose is
6to further public health or safety.
AB8, s. 2 7Section 2. 29.038 (3) (b) of the statutes is created to read:
AB8,2,88 29.038 (3) (b) 1. In this paragraph:
AB8,2,109 a. "Building" means a permanent structure used for human occupancy and
10includes a manufactured home, as defined in s. 101.91 (2).
AB8,2,1211 b. "Restriction" means an ordinance, regulation, resolution, or other restriction
12enacted or adopted by a local governmental unit.
AB8,2,1513 2. Except as provided in subd. 3., a local governmental unit may not enact or
14adopt a restriction that prohibits a person from hunting with a bow and arrow or
15crossbow within the jurisdiction of that local governmental unit.
AB8,3,216 3. A local governmental unit may enact or adopt a restriction prohibiting a
17person from hunting with a bow and arrow or crossbow within a specified distance,
18not to exceed 100 yards, from a building located on another person's land. A
19restriction enacted or adopted under this subdivision shall provide that the

1restriction does not apply if the person who owns the land on which the building is
2located allows the hunter to hunt within the specified distance of the building.
AB8, s. 3 3Section 3. 29.301 (1) (b) of the statutes is amended to read:
AB8,3,84 29.301 (1) (b) No person may hunt with a firearm within 1,700 feet of any
5hospital, sanatorium or the grounds of any school. The department may designate
6the form for or furnish signs designating the restricted area. No person may be
7convicted of a violation of this paragraph unless the restricted area is designated by
8the signs.
AB8, s. 4 9Section 4. 29.301 (1) (c) of the statutes is amended to read:
AB8,3,1210 29.301 (1) (c) Notwithstanding par. (b), this subsection does not prohibit
11hunting with a firearm in a school forest if the school board allows hunting with a
12firearm
under s. 120.13 (38).
AB8,3,1313 (End)
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