AB319: Bill Text

LRB-2307/1

MGG&RNK:jld:km

2001 - 2002 LEGISLATURE

2001 Assembly BILL 319

April 12, 2001 - Introduced by Representatives Johnsrud, Wade, Kedzie, Ott, Pettis, Gunderson, Huebsch, Freese, D. Meyer, Musser, Hahn, Suder, McCormick, Sykora, Lippert, Ward, Plouff, Kreibich, J. Lehman, Kreuser, Seratti and Friske, cosponsored by Senators Wirch and Zien, by request of Department of Natural Resources. Referred to Committee on Natural Resources.

AB319,2,9 An Act to repeal 29.304 (1) (b), 29.304 (2) (a) (title), 29.304 (2) (b) (title), 29.304 (3) (a) (title) and 29.304 (3) (b) (title); to renumber 29.304 (2) (b) 2., 29.304 (3) (a) (intro.), 29.304 (3) (b) (intro.) and 29.304 (3) (b) 2.; to renumber and amend 29.304 (2) (a), 29.304 (2) (b) (intro.), 29.304 (2) (b) 1., 29.304 (3) (a) 1., 29.304 (3) (a) 2., 29.304 (3) (b) 1. and 29.304 (3) (b) 3.; to amend 20.370 (1) (Lq), 29.171 (4) (b) 5., 29.304 (1) (title), 29.304 (3) (title), 29.304 (5), 29.541 (1) (a) (intro.), 29.563 (11) (b) 1., 29.563 (12) (c) 2., 29.591 (4) (ar), 29.593 (2), 29.934 (1) (a), 29.934 (2), 120.13 (1) (bm), 120.13 (1) (c) 2m., 948.605 (2) (b) 4., 948.605 (3) (b) 2. and 968.20 (3); and to create 29.171 (4) (b) 6., 29.171 (4) (b) 7., 29.194 (4), 29.304 (3r) (title), 29.597 (7) and 29.938 of the statutes; relating to: the use by the department of natural resources of seized, confiscated, or unclaimed property for educational hunting, fishing, trapping, and other conservation activities; hunting of antlerless deer by holders of certificates of accomplishment issued under the hunter education program and the bow hunter education program; certificates of hunter safety issued by provinces and other countries; possession of firearms and hunting with firearms by persons under 16 years of age; issuance of resident small game hunting licenses to certain nonresidents under 16 years of age; use of firearms in schools under the hunter education program; use of certain types of arrow tips on crossbows; proceeds received by the department of natural resources for skins of fur-bearing animals that are prepared as part of the course of instruction under the trapper education program; granting rule-making authority; and making an appropriation.

Analysis by the Legislative Reference Bureau

Possession of firearms and hunting by minors

Possession of firearms by minors less than 12 years old

Under current law, a minor who is under 12 years old may not possess a firearm unless he or she is carrying the firearm to or from a class under the hunter education program while accompanied by his or her parent or guardian or unless the minor is using the firearm during the class. Under current law, a minor who is 12 or 13 years old may not possess a firearm unless he or she is accompanied by his or her parent or guardian or is enrolled in a hunter education program and is either carrying the firearm to or from the class or is using it during the class. The bill eliminates the specific restrictions concerning firearm possession for minors under 12 years old so that the current restrictions that apply only to minors who are 12 or 13 years old will apply to any minor 13 years old or younger. The bill makes no changes in current law concerning hunting by minors under 12 years old.

Persons accompanying minors

Current law requires minors who are 12, 13, 14, or 15 years old to be accompanied by a parent or guardian under certain circumstances when hunting or possessing a firearm. This bill allows the parent or guardian to designate another person who is at least 18 years old to accompany the minor under these circumstances.

Small game hunting licenses for minors less than 16 years old

Under current law, a nonresident seeking to hunt small game in this state must be issued a nonresident small game hunting license and must pay a fee that is higher than the fee that a resident pays for a comparable license. Under current law, certain nonresidents who are either in the armed forces and stationed in this state or who are students attending school in this state may be issued a resident small game hunting license. Under this bill, a nonresident who is less than 16 years old may be issued a resident small game hunting license if he or she resides in a state that grants this benefit to Wisconsin residents.

Possession of firearms in schools

Under current law, a pupil in a public school must be suspended if the school district administrator, principal, or teacher finds that the pupil possessed a firearm while at school or at a school function; and the school board must commence a proceeding to expel the pupil for not less than one year. This bill provides an exemption for pupils who possess firearms in order to participate in the hunter education program.

Educational programs and certificates

Under current law, any person born on or after January 1, 1993, may not be issued a hunting license unless the person is issued a certificate stating that he or she has completed a hunter education program. Under current law, the department of natural resources (DNR) may recognize hunter education certificates from other states for the purpose of issuing hunting licenses. DNR also recognizes hunter education certificates from other states and provinces for purposes of allowing 14-year-olds and 15-year-olds to hunt and possess firearms. This bill allows DNR to recognize certificates from other states, provinces, and countries for both of these purposes.

Under current law, the hunter education certificate may be used in lieu of a special permit for an anterless deer only during the deer hunting season immediately following the date on which the certificate was issued. A certificate holder who is under 12 years old during that season is not able to use the certificate as a permit during that season because he or she must be 12 years old to hunt. Under the bill, the certificate may be used during the deer hunting season immediately following the date on which the certificate holder is first eligible to apply for a deer hunting license.

The bill also allows DNR to retain and use unclaimed, seized or confiscated property, for DNR's educational hunting, fishing, trapping and other conservation programs.

Miscellaneous provisions

Under current law, proceeds received by DNR from the sales of pelts that are prepared during instruction under the trapper education program established by DNR are deposited in the conservation fund. Under this bill, these proceeds are specifically credited to an appropriation to provide funds for the trapper education program.

The bill also requires certain types of arrow tips be used on crossbows, depending on the type of game being hunted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB319, s. 1 Section 1. 20.370 (1) (Lq) of the statutes is amended to read:

AB319,4,7 20.370 (1) (Lq) Trapper education program. As a continuing appropriation, all moneys remitted to the department under s. 29.597 (3), an amount equal to the amount calculated under s. 29.331 (3m), all moneys received from the sale of skins processed as part of the trapper education program under s. 29.597 and all moneys received from fees collected under s. 29.563 (12) (c) 3. for the trapper education program under s. 29.597.

AB319, s. 2 Section 2. 29.171 (4) (b) 5. of the statutes is amended to read:

AB319,4,10 29.171 (4) (b) 5. Shall be used with bolts or arrows of not less than 14 inches in length with a broadhead.

AB319, s. 3 Section 3. 29.171 (4) (b) 6. of the statutes is created to read:

AB319,4,13 29.171 (4) (b) 6. Shall be used with bolts or arrows that have broadhead tips when hunting bear or deer.

AB319, s. 4 Section 4. 29.171 (4) (b) 7. of the statutes is created to read:

AB319,4,16 29.171 (4) (b) 7. Shall be used with bolts or arrows that have broadhead tips or blunt tips when hunting game other than bear or deer.

AB319, s. 5 Section 5. 29.194 (4) of the statutes is created to read:

AB319,4,19 29.194 (4) Resident small game hunting licenses for nonresident minors. (a) In this subsection:

AB319,4,21 1. "Hunting license" means a license or permit that authorizes the hunting of small game with a firearm.

AB319,5,2 2. "Minor" means a person who is at least 12 years of age but less than 16 years of age.

AB319,5,4 (b) A small game hunting license shall be issued by the department to a person who resides in another state and who applies for this license if all of following apply:

AB319,5,5 1. The applicant is a minor.

AB319,5,9 2. The state in which the applicant resides issues hunting licenses to minors who are residents of this state and collects a fee for those hunting licenses that is the same as the fee collected from minors residing in that state for those hunting licenses.

AB319, s. 6 Section 6. 29.304 (1) (title) of the statutes is amended to read:

AB319,5,11 29.304 (1) (title) Persons Hunting by persons under 12 years of age.

AB319, s. 7 Section 7. 29.304 (1) (b) of the statutes is repealed.

AB319, s. 8 Section 8. 29.304 (2) (a) (title) of the statutes is repealed.

AB319, s. 9 Section 9. 29.304 (2) (a) of the statutes is renumbered 29.304 (2) and amended to read:

AB319,5,19 29.304 (2) Persons 12 to 14 Hunting by persons 12 and 13 years of age. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

AB319, s. 10 Section 10. 29.304 (2) (b) (title) of the statutes is repealed.

AB319, s. 11 Section 11. 29.304 (2) (b) (intro.) of the statutes is renumbered 29.304 (3m) (intro.) and amended to read:

AB319,5,25 29.304 (3m) Possession by persons under 14 years of age. (intro.) No person 12 years of age or older but under 14 years of age may have in his or her possession or control any firearm unless he or she:

AB319, s. 12 Section 12. 29.304 (2) (b) 1. of the statutes is renumbered 29.304 (3m) (a) and amended to read:

AB319,6,4 29.304 (3m) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

AB319, s. 13 Section 13. 29.304 (2) (b) 2. of the statutes is renumbered 29.304 (3m) (b).

AB319, s. 14 Section 14. 29.304 (3) (title) of the statutes is amended to read:

AB319,6,7 29.304 (3) (title) Persons 14 to 16 Hunting by persons 14 and 15 years of age.

AB319, s. 15 Section 15. 29.304 (3) (a) (title) of the statutes is repealed.

AB319, s. 16 Section 16. 29.304 (3) (a) (intro.) of the statutes is renumbered 29.304 (3) (intro.).

AB319, s. 17 Section 17. 29.304 (3) (a) 1. of the statutes is renumbered 29.304 (3) (a) and amended to read:

AB319,6,14 29.304 (3) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

AB319, s. 18 Section 18. 29.304 (3) (a) 2. of the statutes is renumbered 29.304 (3) (b) amended to read:

AB319,6,21 29.304 (3) (b) Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate issued by another state or, province, or country that has a hunter safety course that is recognized by the department under a reciprocity agreement.

AB319, s. 19 Section 19. 29.304 (3) (b) (title) of the statutes is repealed.

AB319, s. 20 Section 20. 29.304 (3) (b) (intro.) of the statutes is renumbered 29.304 (3r) (intro.).

AB319, s. 21 Section 21. 29.304 (3) (b) 1. of the statutes is renumbered 29.304 (3r) (a) and amended to read:

AB319,7,4 29.304 (3r) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

AB319, s. 22 Section 22. 29.304 (3) (b) 2. of the statutes is renumbered 29.304 (3r) (b).

AB319, s. 23 Section 23. 29.304 (3) (b) 3. of the statutes is renumbered 29.304 (3r) (c) and amended to read:

AB319,7,11 29.304 (3r) (c) Is issued a certificate of accomplishment that states that he or she completed the course of instruction under the hunter education program or has a similar certificate issued by another state or, province, or country that has a hunter safety course that is recognized by the department under a reciprocity agreement.

AB319, s. 24 Section 24. 29.304 (3r) (title) of the statutes is created to read:

AB319,7,13 29.304 (3r) (title) Possession by persons 14 to 16 years of age.

AB319, s. 25 Section 25. 29.304 (5) of the statutes is amended to read:

AB319,7,18 29.304 (5) Exception. Notwithstanding subs. (1) to (3) (2) to (3r), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm or bow and arrow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.

AB319, s. 26 Section 26. 29.541 (1) (a) (intro.) of the statutes is amended to read:

AB319,7,23 29.541 (1) (a) (intro.) No Except as provided in s. 29.934 (3), no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to its guests or boarders any of the following:

AB319, s. 27 Section 27. 29.563 (11) (b) 1. of the statutes is amended to read:

AB319,8,2 29.563 (11) (b) 1. Hunter education and firearm safety instruction fee: the fee as established by rule.