AB311: Bill Text Engrossed

2011 - 2012 LEGISLATURE

Engrossed 2011 Assembly BILL 311

November 2, 2011 - Printed by direction of Senate Chief Clerk.

AB311-engrossed,2,6 An Act to repeal 29.089 (3); to renumber and amend 29.591 (2); to amend 29.089 (title), 29.089 (1), 29.089 (2) (intro.), 27.01 (7) (c) 6., 27.01 (8) (b) 2., 29.053 (3), 29.193 (2) (b) 1., 29.193 (2) (b) 3., 29.197 (3), 29.237 (1m), 29.563 (2) (intro.), 29.563 (3) (intro.), 29.563 (6) (intro.), 29.597 (1) (a) and 29.597 (1) (c); and to create 15.347 (21), 29.089 (1m), 23.0916 (3m), 23.0917 (8) (f), 29.036, 29.053 (1m), 29.084, 29.193 (2) (c) 5., 29.193 (2) (cr) 2m., 29.193 (2) (cr) 4., 29.193 (2) (d) 3., 29.236, 29.563 (4) (a) 3., 29.563 (4) (am), 29.563 (6) (a) 1m., 29.563 (6m), 29.563 (12) (c) 1m., 29.563 (14) (c) 7., 29.569 (4m), 29.591 (1) (am), 29.591 (2) (b), 29.597 (1m), 29.597 (2) (c), 29.597 (2) (d) and 120.13 (30) of the statutes; relating to: creating a sporting heritage council; programs to encourage hunting, trapping, fishing, and outdoor recreation activities; access to land under the Warren Knowles-Gaylord Nelson stewardship program; reduced fees for certain hunting, trapping, and fishing approvals; high school credit under and administration of the hunter and trapper education programs; Class D hunting permits issued to certain disabled persons; waiving fishing license requirements for weekend fishing events; hunting, fishing, and trapping in state parks; sturgeon spearing license age requirements; issuing disabled veteran recreational cards; hunting of waterfowl by holders of Class A hunting permits for the disabled; open game fishing seasons; and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 2011 Assembly Bill 311 consists of the following documents adopted in the assembly on November 1, 2011: Assembly Substitute Amendment 1 as affected by Assembly Amendments 1, 2, 3, 4 (as affected by Assembly Amendment 1 thereto), and 7. In engrossing, Sections 1d, 1f, 1j, 1m, 1p, 4m, and 5g were renumbered, respectively, Sections 5ae, 5am, 5as, 5bg, 5br, 4r, and 5h to correct the order of these sections.

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

AB311-engrossed, s. 1 Section 1. 15.347 (21) of the statutes is created to read:

AB311-engrossed,2,9 15.347 (21) Sporting heritage council. (a) There is created in the department of natural resources a sporting heritage council consisting of the following members:

AB311-engrossed,2,11 1. The secretary of natural resources, or his or her designee, who shall serve as chairperson.

AB311-engrossed,2,12 2. Two members, appointed by the governor.

AB311-engrossed,2,14 3. Two members, appointed by the speaker of the assembly, who may not be members of the same political party.

AB311-engrossed,2,16 4. Two members, appointed by the senate majority leader, who may not be members of the same political party.

AB311-engrossed,3,7 5. Five members, appointed by the secretary of natural resources from nominations provided by sporting organizations that have as their primary objective the promotion of hunting or trapping. Of the 5 members, one shall represent the interests of deer hunters, one shall represent the interests of bear hunters, one shall represent the interests of waterfowl hunters, one shall represent the interests of upland game hunters, and one shall represent the interests of furbearing animal hunters and trappers.

AB311-engrossed,3,10 6. One member, appointed by the secretary of natural resources from nominations provided by a sporting organization that has as its primary objective the promotion of fishing.

AB311-engrossed,3,13 7. Two members, appointed by the secretary of natural resources, each of whom has held a conservation patron license for 2 of the 3 license years preceding the date of the member's appointment.

AB311-engrossed,3,15 8. One member, appointed by the executive committee of the conservation congress, who is a member of the conservation congress.

AB311-engrossed,3,17 (b) The members of the sporting heritage council appointed under par. (a) 2. to 8. shall be appointed for 3-year terms.

AB311-engrossed,3,18 (c) The sporting heritage council shall meet at least 4 times each year.

AB311-engrossed, s. 2 Section 2. 23.0916 (3m) of the statutes is created to read:

AB311-engrossed,3,24 23.0916 (3m) Board determinations. (a) Except as provided in par. (b), a determination by the natural resources board under sub. (2) (b) or (c) or (3) (b) or (c) with regard to public access on land or an easement requires 4 or more members of the natural resources board to concur in that determination if the land or easement was acquired on or after the effective date of this subsection .... [LRB inserts date].

AB311-engrossed,4,4 (b) Paragraph (a) does not apply to a determination by the natural resources board with regard to public access on an easement, if the primary purpose of the easement is to provide public access to a navigable water on which public fishing is allowed.

AB311-engrossed, s. 3 Section 3. 23.0917 (8) (f) of the statutes is created to read:

AB311-engrossed,4,9 23.0917 (8) (f) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) to award a grant under sub. (3) or (4) unless the department first considers whether the grant will benefit local businesses and the economy of this state.

AB311-engrossed, s. 3g Section 3g. 27.01 (7) (c) 6. of the statutes is amended to read:

AB311-engrossed,4,13 27.01 (7) (c) 6. Any vehicle, except a motor bus, occupied by a person holding a senior citizen recreation card issued under s. 29.624 or a disabled veteran recreation card issued under s. 29.236.

AB311-engrossed, s. 3m Section 3m. 27.01 (8) (b) 2. of the statutes is amended to read:

AB311-engrossed,4,16 27.01 (8) (b) 2. Any person holding a senior citizen recreation card issued under s. 29.624 or a disabled veteran recreation card issued under s. 29.236; or

AB311-engrossed, s. 4 Section 4. 29.036 of the statutes is created to read:

AB311-engrossed,4,21 29.036 Sporting heritage council. (1) The sporting heritage council shall study, and provide advice and make recommendations to the governor, the natural resources board, and the legislature about, issues relating to hunting, trapping, fishing, and other types of outdoor recreation activities including all of the following:

AB311-engrossed,4,23 (a) Ways to improve the recruitment and retention of hunters, trappers, and anglers.

AB311-engrossed,5,3 (b) Ways to improve the management and protection of the natural resources of this state for the purpose of hunting, trapping, fishing, and other types of outdoor recreation activities.

AB311-engrossed,5,5 (c) Ways to encourage youth to participate in outdoor recreation activities including ways to implement outdoor recreation programs for youth.

AB311-engrossed,5,7 (d) Ways to improve access to public and private land for hunting, trapping, fishing and other types of outdoor recreation activities.

AB311-engrossed,5,8 (e) Ways to improve public access to lakes.

AB311-engrossed,5,9 (f) Ways to increase the availability of public shooting ranges.

AB311-engrossed,5,16 (2) The sporting heritage council shall prepare a biennial report on the status of the recruitment and retention of hunters, trappers, and anglers in this state. The sporting heritage council shall submit its initial report under this subsection no later than July 1, 2014, and shall submit subsequent reports no later than July 1 of each even-numbered year thereafter, to the governor, to the chairperson of the natural resources board, and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).

AB311-engrossed, s. 4m Section 4m. 29.053 (1m) of the statutes is created to read:

AB311-engrossed,5,18 29.053 (1m) (a) In this subsection:

AB311-engrossed,5,20 1. "Northern zone" means the geographic area of this state that is north of USH 10.

AB311-engrossed,5,22 2. "Southern zone" means the geographic area of this state that is south of USH 10.

AB311-engrossed,6,2 (b) Any open fishing season that the department establishes for a type of game fish that applies to both the northern zone and the southern zone, shall have an ending date in the northern zone that is 7 days later than the ending date for that open season in the southern zone.

AB311-engrossed, s. 4r Section 4r. 29.053 (3) of the statutes is amended to read:

AB311-engrossed,6,11 29.053 (3) The department may modify any requirement of this chapter or rules promulgated under it, establish special seasons, authorize the use of special equipment or take any other action in order to provide additional hunting and fishing opportunities for persons who are physically disabled or visually handicapped and. The department may limit the number of persons involved, except that if the department establishes a special season for hunting deer with firearms for persons who are physically disabled, the season shall be open to persons who have been issued a Class D permit under s. 29.193 (2).

AB311-engrossed, s. 5 Section 5. 29.084 of the statutes is created to read:

AB311-engrossed,6,18 29.084 Incentives for recruitment. The department shall establish a program to recognize people who recruit others as hunters, trappers, and anglers. The program shall include a component under which a person who is issued his or her first hunting, trapping, or fishing approval in his or her lifetime may designate one person as the person who encouraged the applicant to obtain the license. The program shall provide for all of the following:

AB311-engrossed,6,20 (1) A method for maintaining a record of persons designated as provided under this section.

AB311-engrossed,7,7 (2) A method for issuing a credit to any resident who is designated as provided under this section a specified number of times, as determined by the department, in any license year. The method shall require the department to allow the recipient of the credit to apply the credit in a manner that reduces the fee for an approval that is listed under s. 29.563 (2) (a) 1., 2., 4. to 5g., or 7. to 9., (3) (a) 1., or (6) (a) 1. by one-half of the fee that would otherwise apply to the approval, rounded up to the nearest dollar, that reduces the fee specified in s. 29.563 (4) (a) 1. for a resident sports license by $20, or that reduces the fee specified in s. 29.563 (4) (a) 2. for a resident conservation patron license by $60. The department may not require a resident to be designated more than 5 times in a license year in order to be eligible for a credit under this subsection. In this subsection, "license year" means the period between April 1 and the following March 31.

AB311-engrossed,7,10 (3) A method under which a person who is designated as provided under this section by more than 20 different people may be entered in a drawing for prizes awarded by the department.

AB311-engrossed,7,12 (4) A method under which a person may donate a prize to the department to be awarded in a drawing under sub. (3).

AB311-engrossed, s. 5ae Section 5ae. 29.089 (title) of the statutes is amended to read:

AB311-engrossed,7,15 29.089 (title) Hunting, fishing, and trapping on land in state parks and state fish hatcheries.

AB311-engrossed, s. 5am Section 5am. 29.089 (1) of the statutes is amended to read:

AB311-engrossed,7,18 29.089 (1) Except as provided in sub. (3), no No person may hunt or trap on land located in state parks or state fish hatcheries.

AB311-engrossed, s. 5as Section 5as. 29.089 (1m) of the statutes is created to read:

AB311-engrossed,7,22 29.089 (1m) (a) Except as provided in par. (b), state parks shall be open to hunting, fishing, and trapping by persons who hold the appropriate approvals required under this chapter.

AB311-engrossed,7,24 (b) The department may prohibit hunting, fishing, or trapping in a state park or a portion of a state park if any of the following applies:

AB311-engrossed,8,2 1. The department prohibits hunting, fishing, or trapping in a designated use area.

AB311-engrossed,8,7 2. The natural resources board determines that prohibiting hunting, fishing, or trapping is necessary to protect public safety or to protect a unique animal or plant community. A determination to prohibit hunting, fishing, or trapping in a state park or a portion of a state park under this subdivision requires 4 or more members of the natural resources board to concur in that determination.

AB311-engrossed, s. 5bg Section 5bg. 29.089 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 35, is amended to read:

AB311-engrossed,8,13 29.089 (2) (intro.) Except as provided in sub. (3), no No person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

AB311-engrossed, s. 5br Section 5br. 29.089 (3) of the statutes is repealed.

AB311-engrossed, s. 5c Section 5c. 29.193 (2) (b) 1. of the statutes is amended to read:

AB311-engrossed,8,18 29.193 (2) (b) 1. The department shall, after investigation and without charging a fee, except for the costs of review in par. (c) 3. or (e), issue a Class A, Class B or, Class C, or Class D permit to any person, as provided in this subsection.

AB311-engrossed, s. 5e Section 5e. 29.193 (2) (b) 3. of the statutes is amended to read:

AB311-engrossed,8,23 29.193 (2) (b) 3. As part of the application for a Class A or, Class B, or Class D permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant's physical disability.

AB311-engrossed, s. 5g Section 5g. 29.193 (2) (c) 5. of the statutes is created to read:

AB311-engrossed,9,3 29.193 (2) (c) 5. The department shall issue a Class D permit to any person with an amputation, or permanent substantial loss of function, of one or both arms or one or both hands.

AB311-engrossed, s. 5h Section 5h. 29.193 (2) (cr) 2m. of the statutes is created to read:

AB311-engrossed,9,9 29.193 (2) (cr) 2m. a. In this subdivision, "open water" means any portion of a navigable water body that does not contain a naturally occurring growth of emergent vegetation that is rooted to the bottom and that is of sufficient height and density to conceal at least 50 percent of a person who is hunting waterfowl from a boat or from a waterfowl blind.

AB311-engrossed,9,13 b. A Class A permit authorizes the holder to hunt waterfowl from a boat or from a waterfowl blind in open water. The holder of the Class A permit may be accompanied by up to 2 persons who may hunt waterfowl with the Class A permit holder only if they hold the appropriate approvals.

AB311-engrossed, s. 5j Section 5j. 29.193 (2) (cr) 4. of the statutes is created to read:

AB311-engrossed,9,18 29.193 (2) (cr) 4. A person holding a current resident or nonresident deer hunting license and a Class D permit may hunt deer of either sex with a firearm only during a special season established by the department that is open for hunting deer with firearms by disabled persons who hold a permit under this section.

AB311-engrossed, s. 5m Section 5m. 29.193 (2) (d) 3. of the statutes is created to read:

AB311-engrossed,9,25 29.193 (2) (d) 3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm and may be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder and any other assistance authorized by the department by rule.

AB311-engrossed, s. 6 Section 6. 29.197 (3) of the statutes is amended to read:

AB311-engrossed,10,11 29.197 (3) Weekend event events. In addition to any special event or program sponsored under sub. (2), the department shall, by rule, for a designate 2 special event for one weekend weekends per year, during which it shall waive the requirement that persons be issued fishing licenses and pay the applicable fees in order to fish in the waters of this state. The department shall designate the 3rd full weekend in January as one of the special event weekends. The department shall, by rule, designate to which inland or outlying waters this waiver these waivers shall apply.

AB311-engrossed, s. 6m Section 6m. 29.236 of the statutes is created to read:

AB311-engrossed,10,20 29.236 Disabled veteran recreation card. (1) The department, subject to ss. 29.024 and 54.25 (2) (c) 1. d., shall issue a disabled veteran recreation card to any resident who produces evidence that shows that he or she is a veteran, as defined in 38 USC 101, and is receiving disability compensation benefits under 38 USC 1101 to 1163 for disabilities that result in a disability rating that is 50 percent or greater under 38 USC 1114 or 1134, or is receiving disability compensation benefits due to being individually unemployable under 38 CFR 4.16 as authorized under 38 USC 501.

AB311-engrossed,11,5 (2) A disabled veteran recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license and a resident fishing license, subject to all duties, conditions, limitations, and restrictions of the licenses. A person may operate any motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7) in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a card holder who can present the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.

AB311-engrossed,11,8 (3) Except as provided in this section, possession of a disabled veteran recreation card shall not entitle the holder to obtain any other privileges or services for free if the privileges or services may be obtained only through payment of a fee.