Amendment ASA1-AB234

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2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 234

September 28, 2011 - Offered by Representative Kleefisch.

AB234-ASA1,1,5 An Act to renumber and amend 29.038 (3); to amend 29.301 (1) (b) and 29.301 (1) (c); and to create 29.038 (3) (b) of the statutes; relating to: restrictions on hunting within a specified distance of hospitals, sanatoriums, or school grounds and restrictions imposed by local governmental units on hunting with a bow and arrow or crossbow.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB234-ASA1, s. 1 Section 1. 29.038 (3) of the statutes is renumbered 29.038 (3) (a) and amended to read:

AB234-ASA1,1,11 29.038 (3) (a) A Except as provided in par. (b), a local governmental unit may enact an ordinance or adopt a regulation, resolution or other restriction that has an incidental effect on hunting, fishing or trapping, but only if the primary purpose is to further public health or safety.

AB234-ASA1, s. 2 Section 2. 29.038 (3) (b) of the statutes is created to read:

AB234-ASA1,2,2 29.038 (3) (b) 1. In this paragraph:

AB234-ASA1,2,6 a. "Authorized crossbow user" means a person who has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow, has a crossbow permit issued under s. 29.171 (4) (a), or has attained the age of 65 years.

AB234-ASA1,2,8 b. "Building" means a permanent structure used for human occupancy and includes a manufactured home, as defined in s. 101.91 (2).

AB234-ASA1,2,13 2. Except as provided in subd. 3., a local governmental unit may not enact or enforce an ordinance or adopt or enforce a regulation, resolution, or other restriction that prohibits a person from hunting within the jurisdiction of that local governmental unit with a bow and arrow or, if the person is an authorized crossbow user, with a crossbow.

AB234-ASA1,2,17 3. A local governmental unit may enact or enforce an ordinance or adopt or enforce a regulation, resolution, or other restriction that prohibits a person from hunting with a bow and arrow or crossbow within 100 yards of a building located on another person's land.

AB234-ASA1, s. 3 Section 3. 29.301 (1) (b) of the statutes is amended to read:

AB234-ASA1,2,23 29.301 (1) (b) No person may hunt with a firearm within 1,700 feet of any hospital, sanatorium or the grounds of any school. The department may designate the form for or furnish signs designating the restricted area. No person may be convicted of a violation of this paragraph unless the restricted area is designated by the signs.

AB234-ASA1, s. 4 Section 4. 29.301 (1) (c) of the statutes is amended to read:

AB234-ASA1,3,3 29.301 (1) (c) Notwithstanding par. (b), this subsection does not prohibit hunting with a firearm in a school forest if the school board allows hunting with a firearm under s. 120.13 (38).

AB234-ASA1,3,4 (End)