LRBs0405/1
MGG:kmg&kaf:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 646
January 29, 1998 - Offered by Representative Ourada.
AB646-ASA1,1,4 1An Act to amend 29.425 (2) (b), 29.425 (3) (c), 29.427 (2) (c) and 29.427 (3) (e);
2and to create 29.177 of the statutes; relating to: the regulation of hunting,
3fishing and trapping and the management of wild animals by local
4governmental units.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB646-ASA1, s. 1 5Section 1. 29.177 of the statutes is created to read:
AB646-ASA1,1,6 629.177 Local regulation of wild animals. (1) In this section:
AB646-ASA1,1,77 (a) "Local governmental unit" has the meaning given in s. 16.97 (7).
AB646-ASA1,1,88 (b) "Political subdivision" means a city, village, town or county.
AB646-ASA1,1,11 9(2) No local governmental unit may enact any ordinance or adopt any
10regulation, resolution or other restriction for the purpose of regulating the hunting,
11fishing, trapping or management of wild animals, except as follows:
AB646-ASA1,2,2
1(a) A local governmental unit may enact an ordinance or adopt any regulation,
2resolution or other restriction that is authorized under this chapter.
AB646-ASA1,2,53 (b) A local governmental unit may enact an ordinance or adopt any regulation,
4resolution or other restriction that restricts or prohibits access for hunting, fishing
5or trapping in any portion of land that it owns or leases.
AB646-ASA1,2,8 6(3) A local governmental unit may enact an ordinance or adopt a regulation,
7resolution or other restriction that has an incidental effect on hunting, fishing or
8trapping, but only if the primary purpose is to further public health or safety.
AB646-ASA1,2,19 9(4) If the department determines that an ordinance, regulation, resolution or
10other restriction enacted or adopted by a local governmental unit exceeds the
11authority granted to local governmental units in this section, the department may
12issue a notice to the local governmental unit of the department's intent to issue an
13order under this subsection. The department shall hold an informal hearing on the
14matter if a hearing is requested by the local governmental unit within 30 days after
15it receives the notice. The informal hearing is not a contested case under ch. 227.
16Following the hearing or following the failure of the local governmental unit to
17request a hearing within 30 days after it receives the notice, the department may
18issue an order declaring the ordinance, regulation, resolution or other restriction
19void.
AB646-ASA1, s. 2 20Section 2. 29.425 (2) (b) of the statutes is amended to read:
AB646-ASA1,2,2321 29.425 (2) (b) Local prohibition. The Notwithstanding par. (a), the governing
22body of any county, city, village or town may, by ordinance, prohibit a person from
23possessing any live game animal or fur-bearing animal.
AB646-ASA1, s. 3 24Section 3. 29.425 (3) (c) of the statutes is amended to read:
AB646-ASA1,3,3
129.425 (3) (c) Local prohibition. The Notwithstanding par. (a), the governing
2body of any county, city, village or town may, by ordinance, prohibit the sale of any
3live game animal or fur-bearing animal.
AB646-ASA1, s. 4 4Section 4. 29.427 (2) (c) of the statutes is amended to read:
AB646-ASA1,3,75 29.427 (2) (c) Local prohibition. The Notwithstanding par. (a), the governing
6body of any county, city, village or town may, by ordinance, prohibit a person from
7possessing any live wild or domestic skunk.
AB646-ASA1, s. 5 8Section 5. 29.427 (3) (e) of the statutes is amended to read:
AB646-ASA1,3,119 29.427 (3) (e) Local prohibition. The Notwithstanding par. (a), the governing
10body of a county, city, village or town may, by ordinance, prohibit the sale of any live
11skunk.
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