2005 - 2006 LEGISLATURE
April 27, 2005 - Introduced by Representatives Gunderson, Kestell, Gard,
Ainsworth, Albers, Ballweg, Gronemus, Hundertmark, Krawczyk, Kreibich,
Lamb, F. Lasee, Lothian, McCormick, Meyer, Montgomery, Musser, Ott,
Petrowski, Pettis, Pridemore, Suder, Towns, Van Roy, Vos, Vruwink and M.
Williams, cosponsored by Senators Leibham, Stepp, Decker, A. Lasee and
Olsen, by request of Bill Prening in memory of Brian Prening. Referred to
Committee on Natural Resources.
1An Act to amend
29.024 (2) (d); and to create
29.180 of the statutes; relating
2to: the transfer of natural resources approvals, preference points, and
3preference categories and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, certain licenses and permits are issued by the Department
of Natural Resources (DNR) based on a random or preference selection system,
including otter and fisher trapping permits, bonus deer hunting permits, Canada
goose hunting permits, Class A bear licenses, wild turkey hunting licenses, and elk
hunting licenses. The preference selective system for a wild turkey hunting license,
for example, provides that resident landowners are in the first preference category,
residents who applied in a previous season are in the second preference category, all
other residents are in the third preference category, qualified nonresident
landowners are in the fourth preference category, and all other nonresidents are in
the fifth preference category.
This bill allows a person who is selected under one of these random or
preference selective systems to designate a minor to exercise the privilege to hunt or
trap granted by the permit or license if the person dies before using the license. If
the person who has applied for the permit or licensee dies before receipt of the permit
or license, the designated minor may apply for that permit or license and the
deceased person's preference would apply. If the person who received a permit or
license dies on at least the day prior to the beginning of that hunting or trapping
season, the designated minor may apply for the permit or license.
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:
AB384, s. 1
29.024 (2) (d) of the statutes is amended to read:
(d) Except as provided under s. 29.180,
29.182 (4), 29.184 (6m), or 3
29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use 4
of any approval by any other person.
AB384, s. 2
29.180 of the statutes is created to read:
629.180 Transfers upon death. (1)
In this section:
(a) "Approval" means any of the following approvals that the department issues 8
to the resident or nonresident under a random or preference selection system:
1. Hunter's choice deer hunting permit.
2. Bonus deer hunting permit.
3. Bobcat hunting or trapping permit.
4. Otter trapping permit.
5. Fisher trapping permit.
6. Canada goose hunting permit.
7. Wild turkey hunting license.
8. Sharp-tailed grouse hunting permit.
9. Class A bear license.
10. Elk hunting license.
11. Sturgeon spearing license.
(b) "Family" means the parents and any siblings.
(c) "Minor" means a person who is eligible to receive an approval or permit and 2
is under 18 years of age.
At the time of application for an approval, or at any time after an application 4
is submitted, the applicant may designate, on a form approved by the department, 5
the primary minor, and alternative minors in order of preference, who shall have the 6
right to apply for a transfer under sub. (3) of an approval, preference points, or 7
preference categories. If the person dies before he or she designates a minor under 8
this subsection, the person's spouse, or if there is no spouse, the oldest member of the 9
person's family, may designate the minor as provided under this subsection.
(a) If a person who has applied for an approval dies before receipt of an 11
approval, the minor designated under sub. (2) may apply to the department to have 12
the department transfer the application and any preference points or preference 13
categories related to an approval that the deceased person was entitled to under the 14
preference selective system.
(b) An application for the transfer of the preference points or preference 16
categories of a deceased person must be submitted within one year of the person's 17
death, but any transferred preference points or preference categories may only apply 18
to the applicable hunting or trapping season that begins not less than 30 days after 19
the submittal of the application for the transfer of the preference points or preference 20
(c) If a person who has received an approval dies before the first day of the 22
applicable hunting or trapping season, the minor designated under sub. (2) may 23
apply to the department for the transfer of the approval.
(d) An application for the transfer of an approval of a deceased person must be 25
submitted within one year of the person's death.
Upon application by a designated minor, and upon payment of any fee 2
required under sub. (5), the department shall transfer the approval, preference 3
points, or preference categories to the designated minor.
If the deceased person is a resident and the designated minor applying for 5
the transfer is a nonresident, the designated minor shall pay, at the time of 6
application, the difference between the fee paid by the deceased person and the fee 7
required for a nonresident minor.
A designated minor may receive an approval under this section only once 9
for each animal.
A designated minor who is transferred an approval, preference points, or 11
a preference category under this section retains all preference points or preference 12
categories that he or she has previously accumulated.
The department may promulgate any rules necessary for the 14
administration of this section.