LRB-2120/3
RNK:bjk:rs
2009 - 2010 LEGISLATURE
April 21, 2009 - Introduced by Representatives Hraychuck, Gunderson, Milroy,
Vruwink, LeMahieu, Mason, Danou, Vukmir, Sherman, Ballweg, Hebl,
Bernard Schaber, M. Williams, Knodl, Pridemore, Soletski, Suder, A. Ott,
Jorgensen, Huebsch, Spanbauer, Davis, Clark, Ripp, Vos, Zepnick, Petrowski,
Meyer and Nerison, cosponsored by Senators Holperin, Wirch, Vinehout,
Lehman, Decker, Carpenter, Kapanke, Grothman, Kedzie, Hopper, Schultz
and Kreitlow. Referred to Committee on Fish and Wildlife.
AB222,1,9
1An Act to renumber and amend 29.304 (5);
to amend 29.063 (5), 29.184 (6)
2(b) 1., 29.235 (1), 29.304 (1) (b), 29.304 (2) (a), 29.304 (2) (b) 1., 29.304 (3) (a) 1.,
329.304 (3) (b) 1., 29.563 (2) (a) 4., 29.563 (2) (a) 5g., 29.563 (2) (a) 8m., 29.563
4(2m), 29.563 (4) (a) 1m., 29.563 (4) (a) 2m., 29.563 (4) (b) 1m., 29.563 (4) (b) 2m.,
529.593 (1) (a), 169.20 (1) (a), 169.20 (2) (a) and 169.33 (2) (d); and
to create
629.304 (4m), 29.304 (5) (b) and 29.592 of the statutes;
relating to: the
7minimum age for hunting and for possessing a firearm, restrictions on hunting
8and on possessing a firearm while hunting, establishing a hunting mentorship
9program, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the laws relating to restrictions on hunting
and firearm possession and establishes a hunting mentorship program.
Accompaniment by parent or guardian
Under current law, a person who is the minimum hunting age but under the age
of 16 may hunt or have a firearm in his or her possession or control if the person is
accompanied by a parent or guardian and if he or she meets certain other
requirements. This bill specifies that such a person may also hunt or have a firearm
in his or her possession or control if the person is accompanied by an individual who
is at least 18 years old and who has been designated by the person's parent or
guardian.
Mentorship program
Current law requires, with certain exceptions, that every person who obtains
a hunting approval must have a certificate of accomplishment issued by the
Department of Natural Resources (DNR) indicating that he or she has successfully
completed the hunter education program or bow hunter education program
established by DNR. Current law also generally prohibits hunting and firearm
possession by any person under the age of 12. For persons who are at least 12 years
old, but under the age of 16, current law allows hunting and firearm possession but
imposes certain restrictions that vary depending on the person's age.
This bill creates a new exception to the general requirement that a person
obtain a certificate of accomplishment in order to obtain a hunting approval. The bill
also lowers the minimum hunting age from 12 years of age to ten years of age for
persons who hunt under the hunting mentorship program established in this bill.
The bill authorizes a person who is at least ten years of age to hunt without obtaining
a certificate of accomplishment and to possess or control a firearm while hunting if
the person has a valid hunting approval and is hunting with a qualified mentor.
Under the hunting mentorship program, to qualify as a mentor, a person must
be 18 years of age or older and be the parent or guardian of the person for whom he
or she is serving as a mentor or be authorized by the parent or guardian to serve as
the mentor. The bill provides that at all times when serving as a mentor, the mentor
must be within arm's reach of the person for whom he or she is serving as a mentor,
must have a current valid hunting approval, and must have obtained a certificate of
accomplishment or be exempt from the requirement to obtain a certificate of
accomplishment. The bill provides that a mentor may take only one person hunting
at a time and specifies that a mentor and a person who is hunting with the mentor
may jointly have only one firearm or crossbow while hunting.
Other provisions
Under current law, a person who is 12 years of age or older may possess or
control a firearm and may hunt with a firearm or bow and arrow on that person's land
or on land owned by his or her family if no license is required and if the firing of
firearms is permitted on that land. This bill allows such a person also to hunt with
a crossbow on that land.
The bill also creates a new exception to the general restrictions that apply to
firearm possession by persons who are under a specified age. The bill provides that
those age restrictions do not apply to a person who uses a firearm in target practice
if the person is accompanied by his or her parent or guardian or by a person who is
at least 18 years of age who is designated by the parent or guardian.
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:
AB222, s. 1
1Section
1. 29.063 (5) of the statutes is amended to read:
AB222,3,112
29.063
(5) The department may exempt deer hunters from obtaining a license
3under this chapter for the hunting of deer in an area that the department has
4designated by rule as a chronic wasting disease control zone. Deer hunters that are
5exempted under this subsection shall be at least
12
10 years of age, except that a
6person born on or after January 1, 1973, may not hunt deer under this subsection
7unless he or she complies with ss. 29.304 and 29.593.
A deer hunter exempted under
8this subsection who is under 12 years of age is subject to the restrictions specified
9under s. 29.592. The department shall by rule establish eligibility criteria and
10application procedures for receipt of an exemption under this subsection, including
11a method for obtaining a permit to hunt deer without a license under this subsection.
AB222, s. 2
12Section
2. 29.184 (6) (b) 1. of the statutes is amended to read:
AB222,3,1513
29.184
(6) (b) 1. The applicant is at least
12 10 years old.
If the applicant is
14under 12 years of age, the applicant is subject to the restrictions specified under s.
1529.592.
AB222, s. 3
16Section
3. 29.235 (1) of the statutes is amended to read:
AB222,4,217
29.235
(1) Issuance. A resident conservation patron license shall be issued
18subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident
12 10 19years old or older who applies for the license. A nonresident conservation patron
20license shall be issued subject to s. 29.024 by the department to any person
12 10 21years old or older who is not a resident
, and who applies for the license.
A
1conservation patron license issued to a person who is under 12 years of age is subject
2to the restrictions specified under s. 29.592.
AB222, s. 4
3Section
4. 29.304 (1) (b) of the statutes is amended to read:
AB222,4,104
29.304
(1) (b)
Restrictions on possession or control of a firearm. No person
5under 12 years of age may have in his or her possession or control any firearm unless
6he or she is enrolled in the course of instruction under the hunter education program
7and he or she is carrying the firearm in a case and unloaded to or from that class
8under the supervision of
a his or her parent or guardian
, or by a person at least 18
9years of age who is designated by the parent or guardian, or is handling or operating
10the firearm during that class under the supervision of an instructor.
AB222, s. 5
11Section
5. 29.304 (2) (a) of the statutes is amended to read:
AB222,4,1512
29.304
(2) (a)
Restrictions on hunting. No person 12 years of age or older but
13under 14 years of age may hunt unless he or she is accompanied by
a his or her 14parent or guardian
, or by a person at least 18 years of age who is designated by the
15parent or guardian.
AB222, s. 6
16Section
6. 29.304 (2) (b) 1. of the statutes is amended to read:
AB222,4,1817
29.304
(2) (b) 1. Is accompanied by
a his or her parent or guardian
or by a
18person at least 18 years of age who is designated by the parent or guardian; or
AB222, s. 7
19Section
7. 29.304 (3) (a) 1. of the statutes is amended to read:
AB222,4,2120
29.304
(3) (a) 1. Is accompanied by
a his or her parent or guardian
or by a
21person at least 18 years of age who is designated by the parent or guardian;
AB222, s. 8
22Section
8. 29.304 (3) (b) 1. of the statutes is amended to read:
AB222,4,2423
29.304
(3) (b) 1. Is accompanied by
a his or her parent or guardian
or by a
24person at least 18 years of age who is designated by the parent or guardian;
AB222, s. 9
25Section
9. 29.304 (4m) of the statutes is created to read:
AB222,5,4
129.304
(4m) Hunting mentorship program. The prohibition specified in sub.
2(1) (a) and the restrictions specified in subs. (1) (b) to (d), (2), and (3) do not apply to
3a person who is hunting with a mentor and who complies with the requirements
4specified under s. 29.592.
AB222, s. 10
5Section
10. 29.304 (5) of the statutes is renumbered 29.304 (5) (a) and
6amended to read:
AB222,5,107
29.304
(5) (a) Notwithstanding subs. (1) to (3), a person 12 years of age or older
8may possess or control a firearm and may hunt with a firearm
or, bow and arrow
, or
9crossbow on land under the ownership of the person or the person's family if no
10license is required and if the firing of firearms is permitted on that land.
AB222, s. 11
11Section
11. 29.304 (5) (b) of the statutes is created to read:
AB222,5,1512
29.304
(5) (b) The restrictions on the possession and control of a firearm under
13sub. (1) do not apply to a person using a firearm in target practice if he or she is
14accompanied by his or her parent or guardian or by a person at least 18 years of age
15who is designated by the parent or guardian.
AB222, s. 12
16Section
12. 29.563 (2) (a) 4. of the statutes is amended to read:
AB222,5,1817
29.563
(2) (a) 4. Small game issued to
12-year-olds to 17-year-olds persons
18who are under 18 years of age: $6.25.
AB222, s. 13
19Section
13. 29.563 (2) (a) 5g. of the statutes is amended to read:
AB222,5,2120
29.563
(2) (a) 5g. Deer issued to
12-year-olds to 17-year-olds persons who are
21under 18 years of age: $17.25.
AB222, s. 14
22Section
14. 29.563 (2) (a) 8m. of the statutes is amended to read:
AB222,5,2423
29.563
(2) (a) 8m. Archer issued to
12-year-olds to 17-year olds persons who
24are under 18 years of age: $17.25.
AB222, s. 15
25Section
15. 29.563 (2m) of the statutes is amended to read:
AB222,6,4
129.563
(2m) Hunting approvals for certain nonresidents. The fees for
2hunting approvals for a
12 to 17 year-old person who is under 18 years of age, who
3is not a resident
, and who exhibits proof that his or her parent is a resident shall be
4the same as the fees for hunting approvals for residents under sub. (2) (a) and (c).
AB222, s. 16
5Section
16. 29.563 (4) (a) 1m. of the statutes is amended to read:
AB222,6,76
29.563
(4) (a) 1m. Sports issued to
12-year-olds to 17-year-olds persons who
7are under 18 years of age: $32.25 or a greater amount at the applicant's option.
AB222, s. 17
8Section
17. 29.563 (4) (a) 2m. of the statutes is amended to read:
AB222,6,119
29.563
(4) (a) 2m. Conservation patron issued to
12-year-olds to 17-year-olds 10persons who are under 18 years of age: $70.25 or a greater amount at the applicant's
11option.
AB222, s. 18
12Section
18. 29.563 (4) (b) 1m. of the statutes is amended to read:
AB222,6,1413
29.563
(4) (b) 1m. Sports issued to
12-year-olds to 17-year-olds persons who
14are under 18 years of age: $33.25 or a greater amount at the applicant's option.
AB222, s. 19
15Section
19. 29.563 (4) (b) 2m. of the statutes is amended to read:
AB222,6,1816
29.563
(4) (b) 2m. Conservation patron issued to
12-year-olds to 17-year-olds 17persons who under than 18 years of age: $72.25 or a greater amount at the
18applicant's option.
AB222, s. 20
19Section
20. 29.592 of the statutes is created to read:
AB222,6,23
2029.592 Hunting mentorship program. (1) A person who is at least 10 years
21of age may hunt in this state without obtaining a certificate of accomplishment under
22s. 29.591 and may, while hunting, possess or control a firearm if all of the following
23apply:
AB222,6,2524
(a) At all times when hunting, the person is within arm's reach of a mentor who
25meets the qualifications under sub. (2).
AB222,7,1
1(b) The person holds a hunting approval.
AB222,7,3
2(2) No person may serve as a qualified mentor for a hunter unless the person
3meets all of the following requirements:
AB222,7,44
(a) The person is 18 years of age or older.
AB222,7,85
(b) The person is the parent or guardian of the person for whom he or she is
6serving as a mentor or is authorized by the parent or guardian to serve as a mentor.
7This requirement does not apply to a person serving as a mentor for a person who
8is 18 years of age or older.
AB222,7,109
(c) At all times when serving as a mentor, the person is within arm's reach of
10the person for whom he or she is serving as a mentor.
AB222,7,1311
(d) The person has been issued a certificate of accomplishment under s. 29.591
12or, if serving as a mentor for hunting elk, under s. 29.595 unless the person was born
13before January 1, 1973, and is not required to obtain a certificate of accomplishment.
AB222,7,1414
(e) The person holds a current valid hunting approval.
AB222,7,18
15(3) A person who is authorized to hunt with a mentor under this section and
16a mentor under this section with whom that person hunts may jointly have only one
17firearm, or if hunting with a crossbow is authorized under s. 29.171 (4) or 29.193 (2),
18only one crossbow in their possession or control while hunting.
AB222,7,20
19(4) A mentor under this section may take only one person hunting at a time for
20whom he or she is serving as a mentor.
AB222,7,23
21(5) The requirements under subs. (1) (b) and (2) (e) do not apply to a person who
22is authorized to hunt without a hunting approval under s. 29.337 (1), 95.55 (5), or
23169.19 (5).
AB222, s. 21
24Section
21. 29.593 (1) (a) of the statutes is amended to read:
AB222,8,3
129.593
(1) (a) Except as provided under subs. (2), (2m) and (3),
and s. 29.592
2(1), no person born on or after January 1, 1973, may obtain any approval authorizing
3hunting unless the person is issued a certificate of accomplishment under s. 29.591.
AB222, s. 22
4Section
22. 169.20 (1) (a) of the statutes is amended to read:
AB222,8,95
169.20
(1) (a) The department shall issue a bird dog training license to any
6individual who is at least
12 10 years of age who files a proper application and
who 7pays the applicable fee.
If the department issues a bird dog training license to an
8individual who is under 12 years of age, the individual is subject to the restrictions
9specified under s. 29.592.
AB222, s. 23
10Section
23. 169.20 (2) (a) of the statutes is amended to read:
AB222,8,1511
169.20
(2) (a) The department shall issue a hound dog training license to any
12individual who is at least
12 10 years of age who files a proper application and
who 13pays the applicable fee.
If the department issues a hound dog training license to an
14individual who is under 12 years of age, the individual is subject to the restrictions
15specified under s. 29.592.
AB222, s. 24
16Section
24. 169.33 (2) (d) of the statutes is amended to read: