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2001 - 2002 LEGISLATURE
April 12, 2001 - Introduced by Representatives Johnsrud, Ott, Vrakas, Ainsworth,
Wood, Albers, Berceau, Kreibich, La Fave
and J. Lehman, cosponsored by
Senators Baumgart, Cowles, Harsdorf and Schultz, by request of
Department of Natural Resources. Referred to Committee on Natural
Resources.
AB313,1,6 1An Act to renumber 29.314 (2); to amend 29.314 (title), 29.314 (2) (title), 29.314
2(3) (title), 29.314 (3) (a), 29.314 (4) (title), 29.314 (4) (a), 29.314 (5) (title), 29.314
3(5) (a), 29.314 (5) (b) 4. and 29.314 (6); and to create 29.314 (1) (bm), 29.314 (2)
4(a) (title), 29.314 (2) (b), 29.314 (3) (b) 4., 29.314 (4) (b) 4., 29.314 (5) (b) 3m. and
529.314 (5) (b) 3r. of the statutes; relating to: prohibiting certain uses of night
6vision equipment to locate, or attempt to locate, wild animals.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no person may use, or possess with
intent to use, a light for the purpose of shining wild animals while the person is
hunting or in possession of a firearm, bow and arrow, or crossbow. A person is shining
an animal if the person is casting rays of light on an area for the purpose of
illuminating, locating, or attempting to illuminate or locate wild animals. Current
law also prohibits a person from using or possessing with intent to use a light for
shining wild animals between 10 p.m. and 7 a.m. from September 15 to December
31, regardless of whether they are hunting with a weapon.
This bill prohibits a person from using night vision equipment under the same
conditions under which shining wild animals is prohibited. Under the bill, "night
vision equipment" means a device, other than a light, that makes objects visible in
the dark by using technology that converts ambient heat or light into an electronic
image. The bill provides that the prohibition against the use of night vision

equipment does not apply to a person authorized by the department of natural
resources to remove a wild animal that is causing damage or that is causing a
nuisance or to a person who uses a stationary yard light to illuminate his or her
residential property.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB313, s. 1 1Section 1. 29.314 (title) of the statutes is amended to read:
AB313,2,2 229.314 (title) Shining animals and using night vision equipment.
AB313, s. 2 3Section 2. 29.314 (1) (bm) of the statutes is created to read:
AB313,2,64 29.314 (1) (bm) "Night vision equipment" means a device, other than a light,
5that makes objects visible in the dark by using technology that converts ambient heat
6or light into an electronic image.
AB313, s. 3 7Section 3. 29.314 (2) (title) of the statutes is amended to read:
AB313,2,88 29.314 (2) (title) Presumption Presumptions.
AB313, s. 4 9Section 4. 29.314 (2) of the statutes is renumbered 29.314 (2) (a).
AB313, s. 5 10Section 5. 29.314 (2) (a) (title) of the statutes is created to read:
AB313,2,1111 29.314 (2) (a) (title) Shining.
AB313, s. 6 12Section 6. 29.314 (2) (b) of the statutes is created to read:
AB313,2,1713 29.314 (2) (b) Using night vision equipment. A person possessing night vision
14equipment while in a field, forest, or other area that is frequented by wild animals
15is presumed to be using or possessing with intent to use the night vision equipment
16to locate, or attempt to locate, wild animals. A person may introduce evidence to
17rebut this presumption.
AB313, s. 7 18Section 7. 29.314 (3) (title) of the statutes is amended to read:
AB313,2,2019 29.314 (3) (title) Shining deer or bear or using night vision equipment while
20hunting or possessing weapons prohibited.
AB313, s. 8
1Section 8. 29.314 (3) (a) of the statutes is amended to read:
AB313,3,52 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
3light for shining deer or bear or use or possess with intent to use night vision
4equipment to locate, or attempt to locate, deer or bear
while the person is hunting
5deer or bear or in possession of a firearm, bow and arrow, or crossbow.
AB313, s. 9 6Section 9. 29.314 (3) (b) 4. of the statutes is created to read:
AB313,3,97 29.314 (3) (b) 4. To a person who uses night vision equipment to assist the
8person in the removal of a deer or bear as authorized by the department under s.
929.885 (2).
AB313, s. 10 10Section 10. 29.314 (4) (title) of the statutes is amended to read:
AB313,3,1211 29.314 (4) (title) Shining wild animals or using night vision equipment while
12hunting or possessing weapons prohibited.
AB313, s. 11 13Section 11. 29.314 (4) (a) of the statutes is amended to read:
AB313,3,1714 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a
15light for shining wild animals or use or possess with intent to use night vision
16equipment to locate, or attempt to locate, wild animals
while the person is hunting
17or in possession of a firearm, bow and arrow or crossbow.
AB313, s. 12 18Section 12. 29.314 (4) (b) 4. of the statutes is created to read:
AB313,3,2119 29.314 (4) (b) 4. To a person who uses night vision equipment to assist the
20person in the removal of a wild animal as authorized by the department under s.
2129.885 (2).
AB313, s. 13 22Section 13. 29.314 (5) (title) of the statutes is amended to read:
AB313,3,2423 29.314 (5) (title) Shining wild animals or using night vision equipment after
2410 p.m. during certain times of the year prohibited.
AB313, s. 14 25Section 14. 29.314 (5) (a) of the statutes is amended to read:
AB313,4,4
129.314 (5) (a) Prohibition. No person may use or possess with intent to use a
2light for shining wild animals, or use or possess with intent to use night vision
3equipment to locate, or attempt to locate, wild animals,
between 10 p.m. and 7 a.m.
4from September 15 to December 31.
AB313, s. 15 5Section 15. 29.314 (5) (b) 3m. of the statutes is created to read:
AB313,4,86 29.314 (5) (b) 3m. To a person who uses night vision equipment to assist the
7person in the removal of a wild animal as authorized by the department under s.
829.885 (2).
AB313, s. 16 9Section 16. 29.314 (5) (b) 3r. of the statutes is created to read:
AB313,4,1110 29.314 (5) (b) 3r. To a person who uses a stationary yard light for the purpose
11of illuminating residential property that the person owns, leases, or occupies.
AB313, s. 17 12Section 17. 29.314 (5) (b) 4. of the statutes is amended to read:
AB313,4,1513 29.314 (5) (b) 4. If rules promulgated by the department specifically permit a
14person to use or possess a light for shining wild animals or use or possess night vision
15equipment to locate, or attempt to locate, wild animals
during these times.
AB313, s. 18 16Section 18. 29.314 (6) of the statutes is amended to read:
AB313,4,2317 29.314 (6) County ordinance. A county may regulate or prohibit the use of or
18possession with intent to use a light for shining wild animals or the use of or
19possession with intent to use night vision equipment to locate, or attempt to locate,
20wild animals
. A county ordinance may not be less restrictive than the prohibition
21under sub. (5) (a). The exceptions under sub. (5) (b) apply to a county ordinance
22adopted under this subsection. A county may provide for a forfeiture of not more than
23$1,000 for violation of a county ordinance adopted under this subsection.
AB313,4,2424 (End)
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