Amendment ASA1-AB109

LRBs0054/1

MGG:cmh&wlj:rs

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 109

April 2, 2003 - Offered by Committee on Natural Resources.

AB109-ASA1,2,12 An Act to repeal 29.304 (1) (b), 29.304 (2) (a) (title), 29.304 (2) (b) (title), 29.304 (3) (a) (title), 29.304 (3) (b) (title) and 29.934 (3); 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), 29.593 (2m), 29.595 (3) (c), 29.931 (1), 29.931 (2) (a), 29.934 (1) (a), 29.934 (2), 120.13 (1) (bm), 120.13 (1) (c) 2m. 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; sale and other use of confiscated wild animals and their carcasses; wild animals, carcasses, and property seized or confiscated by the Department of Natural Resources; 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 states and 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; possession of firearms in schools; 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.

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

AB109-ASA1, s. 1 Section 1. 20.370 (1) (Lq) of the statutes is amended to read:

AB109-ASA1,2,19 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.

AB109-ASA1, s. 2 Section 2. 29.171 (4) (b) 5. of the statutes is amended to read:

AB109-ASA1,2,22 29.171 (4) (b) 5. Shall be used with bolts or arrows of not less than 14 inches in length with a broadhead.

AB109-ASA1, s. 3 Section 3. 29.171 (4) (b) 6. of the statutes is created to read:

AB109-ASA1,3,2 29.171 (4) (b) 6. Shall be used with bolts or arrows that have broadhead tips when hunting bear or deer.

AB109-ASA1, s. 4 Section 4. 29.171 (4) (b) 7. of the statutes is created to read:

AB109-ASA1,3,5 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.

AB109-ASA1, s. 5 Section 5. 29.194 (4) of the statutes is created to read:

AB109-ASA1,3,8 29.194 (4) Resident small game hunting licenses for nonresident minors. (a) In this subsection:

AB109-ASA1,3,10 1. "Hunting license" means a license or permit that authorizes the hunting of small game with a firearm.

AB109-ASA1,3,12 2. "Minor" means a person who is at least 12 years of age but less than 16 years of age.

AB109-ASA1,3,15 (b) A resident small game hunting license shall be issued by the department to a person who resides in another state and who applies for the license if all of following apply:

AB109-ASA1,3,16 1. The applicant is a minor.

AB109-ASA1,3,20 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.

AB109-ASA1, s. 6 Section 6. 29.304 (1) (title) of the statutes is amended to read:

AB109-ASA1,3,22 29.304 (1) (title) Persons Hunting by persons under 12 years of age.

AB109-ASA1, s. 7 Section 7. 29.304 (1) (b) of the statutes is repealed.

AB109-ASA1, s. 8 Section 8. 29.304 (2) (a) (title) of the statutes is repealed.

AB109-ASA1, s. 9 Section 9. 29.304 (2) (a) of the statutes is renumbered 29.304 (2) and amended to read:

AB109-ASA1,4,6 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.

AB109-ASA1, s. 10 Section 10. 29.304 (2) (b) (title) of the statutes is repealed.

AB109-ASA1, s. 11 Section 11. 29.304 (2) (b) (intro.) of the statutes is renumbered 29.304 (3m) (intro.) and amended to read:

AB109-ASA1,4,12 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:

AB109-ASA1, s. 12 Section 12. 29.304 (2) (b) 1. of the statutes is renumbered 29.304 (3m) (a) and amended to read:

AB109-ASA1,4,16 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

AB109-ASA1, s. 13 Section 13. 29.304 (2) (b) 2. of the statutes is renumbered 29.304 (3m) (b).

AB109-ASA1, s. 14 Section 14. 29.304 (3) (title) of the statutes is amended to read:

AB109-ASA1,4,19 29.304 (3) (title) Persons 14 to 16 Hunting by persons 14 and 15 years of age.

AB109-ASA1, s. 15 Section 15. 29.304 (3) (a) (title) of the statutes is repealed.

AB109-ASA1, s. 16 Section 16. 29.304 (3) (a) (intro.) of the statutes is renumbered 29.304 (3) (intro.).

AB109-ASA1, s. 17 Section 17. 29.304 (3) (a) 1. of the statutes is renumbered 29.304 (3) (a) and amended to read:

AB109-ASA1,5,2 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

AB109-ASA1, s. 18 Section 18. 29.304 (3) (a) 2. of the statutes is renumbered 29.304 (3) (b) amended to read:

AB109-ASA1,5,8 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.

AB109-ASA1, s. 19 Section 19. 29.304 (3) (b) (title) of the statutes is repealed.

AB109-ASA1, s. 20 Section 20. 29.304 (3) (b) (intro.) of the statutes is renumbered 29.304 (3r) (intro.).

AB109-ASA1, s. 21 Section 21. 29.304 (3) (b) 1. of the statutes is renumbered 29.304 (3r) (a) and amended to read:

AB109-ASA1,5,15 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.

AB109-ASA1, s. 22 Section 22. 29.304 (3) (b) 2. of the statutes is renumbered 29.304 (3r) (b).

AB109-ASA1, s. 23 Section 23. 29.304 (3) (b) 3. of the statutes is renumbered 29.304 (3r) (c) and amended to read:

AB109-ASA1,5,22 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.

AB109-ASA1, s. 24 Section 24. 29.304 (3r) (title) of the statutes is created to read:

AB109-ASA1,5,24 29.304 (3r) (title) Possession by persons 14 to 16 years of age.

AB109-ASA1, s. 25 Section 25. 29.304 (5) of the statutes is amended to read:

AB109-ASA1,6,4 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.

AB109-ASA1, s. 26 Section 26. 29.541 (1) (a) (intro.) of the statutes is amended to read:

AB109-ASA1,6,9 29.541 (1) (a) (intro.) No Except as authorized by the department, 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:

AB109-ASA1, s. 27 Section 27. 29.563 (11) (b) 1. of the statutes is amended to read:

AB109-ASA1,6,12 29.563 (11) (b) 1. Hunter education and firearm safety instruction fee: the fee as established by rule.

AB109-ASA1, s. 28 Section 28. 29.563 (12) (c) 2. of the statutes is amended to read:

AB109-ASA1,6,15 29.563 (12) (c) 2. Hunter education and firearm safety course certificate of accomplishment: $2.

AB109-ASA1, s. 29 Section 29. 29.591 (4) (ar) of the statutes is amended to read:

AB109-ASA1,6,22 29.591 (4) (ar) Period for hunting antlerless deer. A certificate of accomplishment issued under this section that the department has authorized to be used in place of a permit under s. par. (am) is valid for the hunting of one antlerless deer during the deer hunting season immediately following the date of issuance of the certificate on which the person holding the certificate is first eligible to apply for a deer hunting license.

AB109-ASA1, s. 30 Section 30. 29.593 (2) of the statutes is amended to read:

AB109-ASA1,7,2 29.593 (2) A If a person who has evidence that is satisfactory to the department indicating that he or she has completed in another state, province, or country a hunter safety course, and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting.

AB109-ASA1, s. 31 Section 31. 29.593 (2m) of the statutes is amended to read:

AB109-ASA1,7,10 29.593 (2m) A person who has a certificate, license or other evidence indicating that he or she has completed in another state, province, or country a bow hunter education course and if the course is recognized by the department under a reciprocity agreement, the person may obtain a resident or nonresident archer hunting license regardless of whether the person is issued a certificate of accomplishment for successfully completing the course of instruction under the bow hunter education program in this state.

AB109-ASA1, s. 32 Section 32. 29.595 (3) (c) of the statutes is amended to read:

AB109-ASA1,7,16 29.595 (3) (c) A person may be issued an elk hunting license if the person holds evidence that demonstrates to the satisfaction of the department that he or she has successfully completed in another state or, province, or country an elk hunter education course and if the course is recognized by the department under a reciprocity agreement with that state or province.

AB109-ASA1, s. 33 Section 33. 29.597 (7) of the statutes is created to read:

AB109-ASA1,7,22 29.597 (7) Proceeds from the sale of skins. The department may sell, either directly or by an agent under supervision by the department, skins that are prepared as a part of the course of instruction under the trapper education program. Any proceeds that the department receives from the sale of these skins shall be credited to the appropriation account under s. 20.370 (1) (Lq).

AB109-ASA1, s. 34 Section 34. 29.931 (1) of the statutes is amended to read:

AB109-ASA1,8,7 29.931 (1) Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter or ch. 169 or s. 167.31 or ch. 951 if the violation involves an animal normally found in the wild. The officer may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants, taken or held in violation of this chapter or ch. 169 the commission of such violations, are to be found.

AB109-ASA1, s. 35 Section 35. 29.931 (2) (a) of the statutes is amended to read:

AB109-ASA1,8,23 29.931 (2) (a) The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving violation of ch. 951 if the violation involves an animal normally found in the wild in violation of s. 951.09, or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving violation of ch. 951 if the violation involved an animal normally found in the wild in violation of s. 951.09, or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

AB109-ASA1, s. 36 Section 36. 29.934 (1) (a) of the statutes is amended to read:

AB109-ASA1,9,11 29.934 (1) (a) All wild animals, carcasses or, plants, vehicles, boats, or objects that are confiscated by the department for a violation of this chapter or ch. 169 and all vehicles, boats or objects confiscated by the department for a violation of this chapter or ch. 169 shall or 951 or s. 167.31, if not destroyed as authorized by law, shall be sold, except as provided in ss. 29.936 and 29.938, at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.