AB677: Bill Text

LRB-3126/3

RNK:lmk:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 677

September 20, 2005 - Introduced by Representatives Suder, Gard, Pettis, Gronemus, M. Williams, Petrowski, Moulton, Ott, Nerison, Vruwink, Freese and Wieckert, cosponsored by Senators Zien, Stepp, Wirch and Breske. Referred to Committee on Natural Resources.

AB677,2,2 An Act to renumber 29.304 (5); to renumber and amend 29.304 (1) (b); to amend 29.184 (6) (b) 1., 29.304 (1) (a), 29.304 (2) (a), 29.304 (2) (b) (intro.), 29.304 (2) (b) 1., 29.304 (2) (b) 2., 29.304 (3) (a) (intro.), 29.304 (3) (a) 1., 29.304 (3) (a) 2., 29.304 (3) (b) (intro.), 29.304 (3) (b) 1., 29.304 (3) (b) 2., 29.304 (3) (b) 3., 29.563 (2) (a) 4., 29.563 (4) (a) 1m., 29.563 (4) (a) 2m., 29.563 (4) (b) 1m., 29.593 (1) (a), 29.595 (3) (b), 169.20 (1) (a), 169.20 (2) (a) and 169.33 (2) (d); to repeal and recreate 29.304 (5) (title); and to create 29.304 (1) (b) 2., 29.304 (2) (b) 3., 29.304 (3) (a) 3., 29.304 (3) (b) 4., 29.304 (5) (b), 29.592, 167.31 (1) (fh) and 167.31 (4) (am) 4. and 5. of the statutes; relating to: requirements for obtaining a certificate of accomplishment under the hunter education program and the elk hunter education program, requirements for hunting with a mentor and for serving as a hunting mentor, and exceptions to the restrictions on placing, possessing, and transporting a firearm in or on a vehicle.

Analysis by the Legislative Reference Bureau

Current law imposes certain restrictions on hunting and firearm possession by any person under the age of 16 and generally prohibits hunting and firearm possession by any person under the age of 12. For persons who are older than 12 but under the age of 16, restrictions on hunting and firearm possession vary depending on the person's age. Current law also specifies that, with certain exceptions, no person born on or after January 1, 1973 may obtain a hunting approval unless the person is issued a certificate of accomplishment that certifies that the person has successfully completed the course of instruction under the hunter education or bow hunter education program established by the Department of Natural Resources (DNR). Furthermore, under current law, no person may be issued an elk hunting license unless the person has successfully completed the course of instruction under the elk hunter education program established by DNR.

This bill creates a hunting mentorship program under which a person of any age may hunt with a qualified mentor. Under the bill, a person who hunts with a qualified mentor is not required to obtain a certificate of accomplishment under one of the DNR hunter education programs if, at all times when hunting, the person is within arm's reach of a qualified mentor and the person holds a hunting approval.

To qualify as a hunting mentor under the bill, the mentor must be at least 21 years of age and, if the person being mentored is under the age of 18, must be the hunter's parent or guardian or must be authorized in writing by the parent or guardian to serve as a mentor. The mentor must also have been issued a certificate of accomplishment under one of DNR's hunter education programs unless the mentor is of an age at which such a certificate is not required under the law. Finally, the mentor must hold a hunting approval of the type held by the person for whom he or she is serving as a mentor.

This bill also provides that the restrictions on firearm possession by persons under the age of 16 do not apply to a person using a firearm in target practice if he or she is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

Current law provides, with certain exceptions, that no person may place, possess, or transport a firearm in or on a vehicle unless the firearm is unloaded and encased. This bill creates two additional exceptions to this general prohibition. Under the bill, a person may place an unloaded firearm that is not in a case, on the exterior of a stationary vehicle or in the bed of a stationary truck while legally hunting. The bill also allows a person to possess or transport such a firearm in a vehicle while traveling between stations at a sport shooting range.

Under current law, a person may not purchase, possess, release into the wild, or hunt certain captive wild birds for the purpose of training a dog unless that person is issued a license by DNR. Current law also provides that a person must obtain a hound dog training license from DNR in order for to purchase, possess, release into the wild, or hunt certain captive wild animals for the purpose of teaching hound dogs to track game. A person is not eligible under current law to apply for either of these licenses unless that person is at least 12 years old. This bill reduces the minimum age for obtaining either of these licenses to 10 years of age.

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:

AB677, s. 1 Section 1. 29.184 (6) (b) 1. of the statutes is amended to read:

AB677,3,2 29.184 (6) (b) 1. The applicant is at least 12 10 years old.

AB677, s. 2 Section 2. 29.304 (1) (a) of the statutes is amended to read:

AB677,3,6 29.304 (1) (a) Prohibition on hunting. No person under 12 years of age may hunt with a firearm or, bow and arrow , or crossbow unless he or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 3 Section 3. 29.304 (1) (b) of the statutes is renumbered 29.304 (1) (b) (intro.) and amended to read:

AB677,3,11 29.304 (1) (b) (intro.) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he any of the following apply:

AB677,3,15 1. He or she is enrolled in the course of instruction under the hunter education program and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of a parent or guardian or is handling or operating the firearm during that class under the supervision of an instructor.

AB677, s. 4 Section 4. 29.304 (1) (b) 2. of the statutes is created to read:

AB677,3,18 29.304 (1) (b) 2. He or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 5 Section 5. 29.304 (2) (a) of the statutes is amended to read:

AB677,4,5 29.304 (2) (a) Restrictions on hunting. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by a parent or guardian or he or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 6 Section 6. 29.304 (2) (b) (intro.) of the statutes is amended to read:

AB677,4,9 29.304 (2) (b) Restrictions on possession or control of a firearm. (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 any of the following apply:

AB677, s. 7 Section 7. 29.304 (2) (b) 1. of the statutes is amended to read:

AB677,4,11 29.304 (2) (b) 1. Is He or she is accompanied by a parent or guardian; or .

AB677, s. 8 Section 8. 29.304 (2) (b) 2. of the statutes is amended to read:

AB677,4,16 29.304 (2) (b) 2. Is He or she is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.

AB677, s. 9 Section 9. 29.304 (2) (b) 3. of the statutes is created to read:

AB677,4,19 29.304 (2) (b) 3. He or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 10 Section 10. 29.304 (3) (a) (intro.) of the statutes is amended to read:

AB677,4,22 29.304 (3) (a) Restrictions on hunting. (intro.) No person 14 years of age or older but under 16 years of age may hunt unless he or she any of the following apply:

AB677, s. 11 Section 11. 29.304 (3) (a) 1. of the statutes is amended to read:

AB677,4,24 29.304 (3) (a) 1. Is He or she is accompanied by a parent or guardian; or .

AB677, s. 12 Section 12. 29.304 (3) (a) 2. of the statutes is amended to read:

AB677,5,3 29.304 (3) (a) 2. Is He or she 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.

AB677, s. 13 Section 13. 29.304 (3) (a) 3. of the statutes is created to read:

AB677,5,6 29.304 (3) (a) 3. He or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 14 Section 14. 29.304 (3) (b) (intro.) of the statutes is amended to read:

AB677,5,10 29.304 (3) (b) Restrictions on possession or control of a firearm. (intro.) No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she any of the following apply:

AB677, s. 15 Section 15. 29.304 (3) (b) 1. of the statutes is amended to read:

AB677,5,12 29.304 (3) (b) 1. Is He or she is accompanied by a parent or guardian;.

AB677, s. 16 Section 16. 29.304 (3) (b) 2. of the statutes is amended to read:

AB677,5,17 29.304 (3) (b) 2. Is He or she is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or.

AB677, s. 17 Section 17. 29.304 (3) (b) 3. of the statutes is amended to read:

AB677,5,21 29.304 (3) (b) 3. Is He or she 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.

AB677, s. 18 Section 18. 29.304 (3) (b) 4. of the statutes is created to read:

AB677,5,24 29.304 (3) (b) 4. He or she is hunting with a mentor and meets the requirements specified under s. 29.592.

AB677, s. 19 Section 19. 29.304 (5) (title) of the statutes is repealed and recreated to read:

AB677,6,1 29.304 (5) (title) Exceptions.