AB153: Bill Text

LRB-1044/1

RPN:kmg:cph

2003 - 2004 LEGISLATURE

2003 Assembly BILL 153

March 13, 2003 - Introduced by Representatives Musser, Bies, Jeskewitz, Hahn, Owens, Hines, Ainsworth and Petrowski. Referred to Committee on Natural Resources.

AB153,1,4 An Act to renumber and amend 29.971 (11); and to create 29.971 (11) (a) and 29.971 (11) (c) of the statutes; relating to: penalties for hunting deer, including a trophy deer, without a license, requiring the exercise of rule-making authority, and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, the penalty for hunting a wild whitetail deer without a license, with the aid of artificial light or with the aid of an aircraft, is a fine of $1,000 to $2,000 or imprisonment for not more than six months or both, plus the revocation of any license issued by the Department of Natural Resources (DNR). In addition, DNR must deny the issuance of any new license to the person for three years.

This bill provides that these penalties only apply to the hunting of any wild whitetail trophy deer, which is a deer with antlers having a score of 100 or more using the scoring method established by DNR by rule. The bill requires DNR to promulgate rules establishing a method for scoring deer antlers based on the method of scoring deer antlers that is used by the Boone and Crockett Club, which is based on the length, spread, and number of points on the antlers. In addition, the bill provides different penalties for the hunting of deer other than a trophy deer without a license, with the aid of artificial light or with the aid of an aircraft. The penalty is a forfeiture of not more than $500 plus the possible revocation of any current license issued by DNR and denial of issuance of any new DNR license to the person for one year.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state 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:

AB153, s. 1 Section 1. 29.971 (11) of the statutes is renumbered 29.971 (11) (b) and amended to read:

AB153,2,10 29.971 (11) (b) For hunting trophy deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, except as provided in s. 29.307 (2), for the snaring of or setting snares for trophy deer, or for the possession or control of a trophy deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

AB153, s. 2 Section 2. 29.971 (11) (a) of the statutes is created to read:

AB153,2,17 29.971 (11) (a) In this subsection, "trophy deer" means a deer whose antlers have a score of 100 or more using the scoring method established by the department by rule. The department shall promulgate a rule establishing a method for scoring deer antlers based on the method of scoring deer antlers that was used by the Boone and Crockett Club of Missoula, Montana, on the effective date of this paragraph .... [revisor inserts date].

AB153, s. 3 Section 3. 29.971 (11) (c) of the statutes is created to read:

AB153,3,5 29.971 (11) (c) For hunting deer other than trophy deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, except as provided in s. 29.307 (2), for the snaring of or setting snares for deer, or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a forfeiture of not more than $500. In addition, the court may order the revocation of all approvals issued to the person under this chapter and may prohibit the issuance of any new approval under this chapter to the person for one year.

AB153,3,6 (End)