LRB-1469/1
MGG&RNK:cmh:cph
2003 - 2004 LEGISLATURE
March 3, 2003 - Introduced by Representatives Johnsrud, Pettis, Krawczyk,
Gunderson, Gard, Kaufert, Musser, Albers, Hines, Hahn, Friske, Jensen,
Kreibich, Plouff, Seratti, Owens, Suder, Olsen, McCormick, J. Fitzgerald
and Colon, cosponsored by Senators Kedzie, Zien, Stepp, Schultz and Welch.
Referred to Committee on Natural Resources.
AB109,2,9
1An Act to repeal 29.304 (1) (b), 29.304 (2) (a) (title), 29.304 (2) (b) (title), 29.304
2(3) (a) (title) and 29.304 (3) (b) (title);
to renumber 29.304 (2) (b) 2., 29.304 (3)
3(a) (intro.), 29.304 (3) (b) (intro.) and 29.304 (3) (b) 2.;
to renumber and amend
429.304 (2) (a), 29.304 (2) (b) (intro.), 29.304 (2) (b) 1., 29.304 (3) (a) 1., 29.304 (3)
5(a) 2., 29.304 (3) (b) 1. and 29.304 (3) (b) 3.;
to amend 20.370 (1) (Lq), 29.171
6(4) (b) 5., 29.304 (1) (title), 29.304 (3) (title), 29.304 (5), 29.541 (1) (a) (intro.),
729.563 (11) (b) 1., 29.563 (12) (c) 2., 29.591 (4) (ar), 29.593 (2), 29.934 (1) (a),
829.934 (2), 120.13 (1) (bm), 120.13 (1) (c) 2m., 948.605 (2) (b) 4., 948.605 (3) (b)
92. and 968.20 (3); and
to create 29.171 (4) (b) 6., 29.171 (4) (b) 7., 29.194 (4),
1029.304 (3r) (title), 29.597 (7) and 29.938 of the statutes;
relating to: the use by
11the Department of Natural Resources of seized, confiscated, or unclaimed
12property for educational hunting, fishing, trapping, and other conservation
13activities; hunting of antlerless deer by holders of certificates of
14accomplishment issued under the hunter education program and the bow
1hunter education program; certificates of hunter safety issued by provinces and
2other countries; possession of firearms and hunting with firearms by persons
3under 16 years of age; issuance of resident small game hunting licenses to
4certain nonresidents under 16 years of age; use of firearms in schools under the
5hunter education program; use of certain types of arrow tips on crossbows;
6proceeds received by the Department of Natural Resources for skins of
7fur-bearing animals that are prepared as part of the course of instruction under
8the trapper education program; granting rule-making authority; and making
9an 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 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 either who are 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 antlerless 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:
AB109, s. 1
1Section
1. 20.370 (1) (Lq) of the statutes is amended to read:
AB109,4,72
20.370
(1) (Lq)
Trapper education program. As a continuing appropriation, all
3moneys remitted to the department under s. 29.597 (3), an amount equal to the
4amount calculated under s. 29.331 (3m)
, all moneys received from the sale of skins
5processed as part of the trapper education program under s. 29.597, and all moneys
6received from fees collected under s. 29.563 (12) (c) 3. for the trapper education
7program under s. 29.597.
AB109, s. 2
8Section
2. 29.171 (4) (b) 5. of the statutes is amended to read:
AB109,4,109
29.171
(4) (b) 5. Shall be used with bolts or arrows of not less than 14 inches
10in length
with a broadhead.
AB109, s. 3
11Section
3. 29.171 (4) (b) 6. of the statutes is created to read:
AB109,4,1312
29.171
(4) (b) 6. Shall be used with bolts or arrows that have broadhead tips
13when hunting bear or deer.
AB109, s. 4
14Section
4. 29.171 (4) (b) 7. of the statutes is created to read:
AB109,4,1615
29.171
(4) (b) 7. Shall be used with bolts or arrows that have broadhead tips
16or blunt tips when hunting game other than bear or deer.
AB109, s. 5
17Section
5. 29.194 (4) of the statutes is created to read:
AB109,4,1918
29.194
(4) Resident small game hunting licenses for nonresident minors. (a)
19In this subsection:
AB109,4,2120
1. "Hunting license" means a license or permit that authorizes the hunting of
21small game with a firearm.
AB109,5,2
12. "Minor" means a person who is at least 12 years of age but less than 16 years
2of age.
AB109,5,43
(b) A small game hunting license shall be issued by the department to a person
4who resides in another state and who applies for this license if all of following apply:
AB109,5,55
1. The applicant is a minor.
AB109,5,96
2. The state in which the applicant resides issues hunting licenses to minors
7who are residents of this state and collects a fee for those hunting licenses that is the
8same as the fee collected from minors residing in that state for those hunting
9licenses.
AB109, s. 6
10Section
6. 29.304 (1) (title) of the statutes is amended to read:
AB109,5,1111
29.304
(1) (title)
Persons
Hunting by persons under 12 years of age.
AB109, s. 7
12Section
7. 29.304 (1) (b) of the statutes is repealed.
AB109, s. 8
13Section
8. 29.304 (2) (a) (title) of the statutes is repealed.
AB109, s. 9
14Section
9. 29.304 (2) (a) of the statutes is renumbered 29.304 (2) and amended
15to read:
AB109,5,1916
29.304
(2) Persons 12 to 14
Hunting by persons 12 and 13 years of age. No
17person 12 years of age or older but under 14 years of age may hunt unless he or she
18is accompanied by
a his or her parent or guardian
or by a person at least 18 years
19of age who is designated by the parent or guardian.
AB109, s. 10
20Section
10. 29.304 (2) (b) (title) of the statutes is repealed.
AB109, s. 11
21Section
11. 29.304 (2) (b) (intro.) of the statutes is renumbered 29.304 (3m)
22(intro.) and amended to read:
AB109,5,2523
29.304
(3m) Possession by persons under 14 years of age. (intro.) No person
2412 years of age or older but under 14 years of age may have in his or her possession
25or control any firearm unless he or she:
AB109, s. 12
1Section
12. 29.304 (2) (b) 1. of the statutes is renumbered 29.304 (3m) (a) and
2amended to read:
AB109,6,43
29.304
(3m) (a) Is accompanied by
a
his or her parent or guardian
or by a
4person at least 18 years of age who is designated by the parent or guardian; or
AB109, s. 13
5Section
13. 29.304 (2) (b) 2. of the statutes is renumbered 29.304 (3m) (b).
AB109, s. 14
6Section
14. 29.304 (3) (title) of the statutes is amended to read:
AB109,6,77
29.304
(3) (title)
Persons 14 to 16 Hunting by persons 14 and 15 years of age.
AB109, s. 15
8Section
15. 29.304 (3) (a) (title) of the statutes is repealed.
AB109, s. 16
9Section
16. 29.304 (3) (a) (intro.) of the statutes is renumbered 29.304 (3)
10(intro.).
AB109, s. 17
11Section
17. 29.304 (3) (a) 1. of the statutes is renumbered 29.304 (3) (a) and
12amended to read:
AB109,6,1413
29.304
(3) (a) Is accompanied by
a his or her parent or guardian
or by a person
14at least 18 years of age who is designated by the parent or guardian; or
AB109, s. 18
15Section
18. 29.304 (3) (a) 2. of the statutes is renumbered 29.304 (3) (b)
16amended to read:
AB109,6,2117
29.304
(3) (b) Is issued a certificate of accomplishment that states that he or
18she successfully completed the course of instruction under the hunter education
19program or has a similar certificate issued by another state
or, province
, or country
20that has a hunter safety course that is recognized by the department under a
21reciprocity agreement.
AB109, s. 19
22Section
19. 29.304 (3) (b) (title) of the statutes is repealed.
AB109, s. 20
23Section
20. 29.304 (3) (b) (intro.) of the statutes is renumbered 29.304 (3r)
24(intro.).
AB109, s. 21
1Section
21. 29.304 (3) (b) 1. of the statutes is renumbered 29.304 (3r) (a) and
2amended to read:
AB109,7,43
29.304
(3r) (a) Is accompanied by
a
his or her parent or guardian
or by a person
4at least 18 years of age who is designated by the parent or guardian.
AB109, s. 22
5Section
22. 29.304 (3) (b) 2. of the statutes is renumbered 29.304 (3r) (b).
AB109, s. 23
6Section
23. 29.304 (3) (b) 3. of the statutes is renumbered 29.304 (3r) (c) and
7amended to read:
AB109,7,118
29.304
(3r) (c) Is issued a certificate of accomplishment that states that he or
9she completed the course of instruction under the hunter education program or has
10a similar certificate issued by another state
or, province
, or country that has a hunter
11safety course that is recognized by the department under a reciprocity agreement.
AB109, s. 24
12Section
24. 29.304 (3r) (title) of the statutes is created to read:
AB109,7,1313
29.304
(3r) (title)
Possession by persons 14 to 16 years of age.
AB109, s. 25
14Section
25. 29.304 (5) of the statutes is amended to read:
AB109,7,1815
29.304
(5) Exception. Notwithstanding subs.
(1) to (3) (2) to (3r), a person 12
16years of age or older may possess or control a firearm and may hunt with a firearm
17or bow and arrow on land under the ownership of the person or the person's family
18if no license is required and if the firing of firearms is permitted on that land.
AB109, s. 26
19Section
26. 29.541 (1) (a) (intro.) of the statutes is amended to read:
AB109,7,2320
29.541
(1) (a) (intro.)
No Except as provided in s. 29.934 (3), no innkeeper,
21manager or steward of any restaurant, club, hotel, boarding house, tavern, logging
22camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered,
23served or given, to its guests or boarders any of the following:
AB109, s. 27
24Section
27. 29.563 (11) (b) 1. of the statutes is amended to read:
AB109,8,2
129.563
(11) (b) 1. Hunter education
and firearm safety instruction fee: the fee
2as established by rule.