Amendment SSA1-AB194

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2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 194

August 21, 2013 - Offered by Senator Farrow.

AB194-SSA1,1,11 An Act to repeal 29.171 (2m), 29.171 (4) (a), 29.171 (4) (c) and 29.216 (2m); to renumber and amend 29.171 (3), 29.193 (1m) (a), 29.193 (2) (cr) 2. and 29.216 (3); to amend 29.014 (1m) (b), 29.171 (2), 29.177 (3m), 29.185 (2) (b), 29.216 (2), 29.563 (6m), 29.563 (12) (a) 2., 29.563 (12m), 29.592 (3), 29.593 (1) (b) and 29.593 (2m); and to create 29.171 (3) (b), 29.172, 29.193 (1m) (a) 1., 29.193 (1m) (a) 2., 29.216 (3) (b), 29.217, 29.235 (2) (dm), 29.235 (2m) (dm), 29.346, 29.563 (2) (a) 8r., 29.563 (2) (a) 8t., 29.563 (2) (b) 6m. and 29.563 (2g) of the statutes; relating to: the authority to hunt certain animals with a crossbow, establishing open seasons for hunting with a crossbow, information required to be recorded at the time of carcass registration, deer management rule requirements, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) issues hunting licenses and establishes open hunting seasons that allow the hunting of specified game animals. Among the licenses that DNR issues are resident and nonresident archer hunting licenses. An archer hunting license allows the holder to hunt all game, except bear, elk, wolf, and wild turkey, with a bow and arrow during the relevant open season established by DNR. An archer hunting license allows a person to hunt only with a bow and arrow and not with a crossbow unless the person is disabled and holds a permit from DNR that authorizes the use of a crossbow or unless the person is at least 65 years old. This substitute amendment eliminates the age and disability requirements for using a crossbow. Instead, the substitute amendment establishes a new resident crossbow hunting license and a new nonresident crossbow hunting license.

The crossbow hunting licenses established in this substitute amendment allow a license holder to use a crossbow to hunt the same game animals that may be hunted under current law with an archer hunting license. The substitute amendment also allows the holder of an archer hunting license to obtain a crossbow hunting license at a substantially reduced fee and allows the holder of a crossbow hunting license to obtain an archer hunting license at a substantially reduced fee. As with other hunting licenses under current law, a person may not obtain a crossbow hunting license unless the person completes a course of instruction in hunter education or bow hunter education.

Current law provides that, if DNR establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm (bow and arrow season), DNR may not open that season for hunting with a crossbow unless the hunter is at least 65 years old or is disabled and holds a permit from DNR. This substitute amendment provides that, if DNR establishes an open season for hunting any of those animals with a bow and arrow but not with a firearm, DNR must also establish an open season that allows a person to hunt the respective animal with a crossbow (crossbow season) regardless of the age of the hunter or whether the hunter has a disability. The bill provides that, during the 2014-15 and 2015-16 open seasons, the bow and arrow season and the crossbow season must run concurrently.

Under current law, DNR may issue special deer hunting permits that authorize or require the permit holder to take deer of a sex or type not authorized by a regular deer hunting license. Current law requires that DNR specify by rule the type and number of deer that may be taken, the deer management areas where these permits are valid, the number of permits to be issued, and other restrictions and conditions concerning these permits. This substitute amendment also requires DNR to specify by rule the open seasons during which these permits are valid and the types of weapons authorized to be used under these permits.

The substitute amendment also provides that, if DNR requires a person who kills an animal to register the animal with DNR, then DNR must make a record of the type of weapon that was used to kill the animal.

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

AB194-SSA1,1 Section 1. 29.014 (1m) (b) of the statutes is amended to read:

AB194-SSA1,3,7 29.014 (1m) (b) If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm, the department may not shall also establish an open that season for hunting the respective game with a crossbow except by a person who has attained the age of 65 or by a person who is authorized to hunt with a crossbow by a permit issued under s. 29.171 (4) (a) or 29.193 (2).

AB194-SSA1,2 Section 2. 29.171 (2) of the statutes is amended to read:

AB194-SSA1,3,14 29.171 (2) A resident archer hunting license authorizes the hunting of all game, except bear, elk, and wild turkey, during the open seasons established by the department for hunting that game with bow and arrow established by the department. This license authorizes hunting with a bow and arrow only, unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.193 (2) or a permit issued under sub. (4).

AB194-SSA1,3 Section 3. 29.171 (2m) of the statutes is repealed.

AB194-SSA1,4 Section 4. 29.171 (3) of the statutes is renumbered 29.171 (3) (a) and amended to read:

AB194-SSA1,3,20 29.171 (3) (a) The Except as provided under par. (b), the department shall issue to each person who is issued a resident archer hunting license a deer tag and a back tag.

AB194-SSA1,5 Section 5. 29.171 (3) (b) of the statutes is created to read:

AB194-SSA1,3,24 29.171 (3) (b) The department may not issue a deer tag or back tag to a person who is issued a resident archer hunting license at the reduced fee under s. 29.563 (2g).

AB194-SSA1,6 Section 6. 29.171 (4) (a) of the statutes is repealed.

AB194-SSA1,7 Section 7. 29.171 (4) (c) of the statutes is repealed.

AB194-SSA1,8 Section 8. 29.172 of the statutes is created to read:

AB194-SSA1,4,5 29.172 Resident crossbow hunting license. (1) A resident crossbow hunting license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying for this license.

AB194-SSA1,4,9 (2) A resident crossbow hunting license authorizes the hunting of all game, except bear, elk, and wild turkey, during the open seasons for hunting that game with a crossbow established by the department. This license authorizes hunting with a crossbow only.

AB194-SSA1,4,11 (3) (a) Except as provided under par. (b), the department shall issue to each person who is issued a resident crossbow hunting license a deer tag and a back tag.

AB194-SSA1,4,13 (b) The department may not issue a deer tag or back tag to a person who is issued a resident crossbow hunting license at the reduced fee under s. 29.563 (2g).

AB194-SSA1,9 Section 9. 29.177 (3m) of the statutes is amended to read:

AB194-SSA1,4,20 29.177 (3m) Deer management rules. For the purposes of permits issued under this section and s. 29.181, the department shall specify by rule the type and number of deer which may be taken, the deer management areas where these permits are valid, the number of permits to be issued, the open seasons during which the permits are valid, the types of weapons authorized to be used under the permits, and other restrictions and conditions concerning these permits.

AB194-SSA1,10 Section 10. 29.185 (2) (b) of the statutes is amended to read:

AB194-SSA1,5,2 29.185 (2) (b) Resident archer Archer licenses, crossbow licenses, and trapping licenses. Notwithstanding ss. 29.171 (2), 29.172 (2), 29.216 (2), 29.217 (2), and 29.241 (3), a resident archer hunting license, a nonresident archer hunting license, a resident crossbow hunting license, a nonresident crossbow hunting license, or a trapping license does not authorize the hunting or trapping of wolves.

AB194-SSA1,11 Section 11. 29.193 (1m) (a) of the statutes is renumbered 29.193 (1m) (a) (intro.) and amended to read:

AB194-SSA1,5,7 29.193 (1m) (a) The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets the any of the following requirements under s. 29.171 (4) (a) 2. or 4.:

AB194-SSA1,12 Section 12. 29.193 (1m) (a) 1. of the statutes is created to read:

AB194-SSA1,5,10 29.193 (1m) (a) 1. Has an amputation or other loss of one or more arms above the wrist.

AB194-SSA1,13 Section 13. 29.193 (1m) (a) 2. of the statutes is created to read:

AB194-SSA1,5,15 29.193 (1m) (a) 2. Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard tests, administered under the direction of a licensed physician or a licensed chiropractor:

AB194-SSA1,5,16 a. Upper extremity pinch.

AB194-SSA1,5,17 b. Grip.

AB194-SSA1,5,18 c. Nine-hole peg.

AB194-SSA1,14 Section 14. 29.193 (2) (cr) 2. of the statutes is renumbered 29.193 (2) (cr) 2. (intro.) and amended to read:

AB194-SSA1,5,22 29.193 (2) (cr) 2. (intro.) A Class A permit authorizes the holder to shoot do all of the following:

AB194-SSA1,5,23 a. Shoot or hunt from a stationary vehicle, to fish.

AB194-SSA1,5,25 b. Fish or troll as authorized under sub. (1m) (b) and to hunt certain game with a crossbow as authorized under ss. 29.171 (2) and 29.216 (2).

AB194-SSA1,15 Section 15. 29.216 (2) of the statutes is amended to read:

AB194-SSA1,6,6 29.216 (2) The nonresident archer hunting license authorizes the hunting of all game, except bear, elk, wild turkey, and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow. This license authorizes hunting with a bow and arrow only unless hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued under s. 29.193 (2).

AB194-SSA1,16 Section 16. 29.216 (2m) of the statutes is repealed.

AB194-SSA1,17 Section 17. 29.216 (3) of the statutes is renumbered 29.216 (3) (a) and amended to read:

AB194-SSA1,6,12 29.216 (3) (a) Deer tag and back tag. The Except as provided under par. (b), the department shall issue to each person who is issued a nonresident archer hunting license a deer tag and a back tag.

AB194-SSA1,18 Section 18. 29.216 (3) (b) of the statutes is created to read:

AB194-SSA1,6,16 29.216 (3) (b) The department may not issue a deer tag or back tag to a person who is issued a nonresident archer hunting license if the department issues the nonresident archer hunting license at the reduced fee under s. 29.563 (2g).

AB194-SSA1,19 Section 19. 29.217 of the statutes is created to read:

AB194-SSA1,6,20 29.217 Nonresident crossbow hunting license. (1) Issuance. A nonresident crossbow hunting license shall be issued subject to s. 29.024 by the department to any nonresident applying for this license.

AB194-SSA1,6,23 (2) Authorization. The nonresident crossbow hunting license authorizes the hunting of all game, except bear, elk, wild turkey, and fur-bearing animals, during the open season for the hunting of that game with a crossbow.

AB194-SSA1,6,25 (3) Deer tag and back tag. (a) The department shall issue to each person who is issued a nonresident crossbow hunting license a deer tag and a back tag.

AB194-SSA1,7,3 (b) The department may not issue a deer tag or back tag to a person who is issued a nonresident crossbow hunting license at the reduced fee under s. 29.563 (2g).

AB194-SSA1,20 Section 20. 29.235 (2) (dm) of the statutes is created to read:

AB194-SSA1,7,5 29.235 (2) (dm) A resident crossbow hunting license.

AB194-SSA1,21 Section 21. 29.235 (2m) (dm) of the statutes is created to read:

AB194-SSA1,7,7 29.235 (2m) (dm) A nonresident crossbow hunting license.

AB194-SSA1,22 Section 22. 29.346 of the statutes is created to read:

AB194-SSA1,7,12 29.346 Registration information. If the department requires a person who kills an animal to register that animal with the department, the department shall, at the time of registration, make a record of the type of weapon that was used to kill the animal.

AB194-SSA1,23 Section 23. 29.563 (2) (a) 8r. of the statutes is created to read:

AB194-SSA1,7,14 29.563 (2) (a) 8r. Crossbow: $21.25.

AB194-SSA1,24 Section 24. 29.563 (2) (a) 8t. of the statutes is created to read:

AB194-SSA1,7,17 29.563 (2) (a) 8t. Crossbow issued to persons who are under 18 years of age: $17.25.

AB194-SSA1,25 Section 25. 29.563 (2) (b) 6m. of the statutes is created to read:

AB194-SSA1,7,19 29.563 (2) (b) 6m. Crossbow: $157.25.

AB194-SSA1,26 Section 26. 29.563 (2g) of the statutes is created to read:

AB194-SSA1,7,23 29.563 (2g) Reduced fees for certain archer and crossbow licenses. Notwithstanding the fees under sub. (2) (a) 8. and 8r. and (b) 6. and 6m., the fee is $2.25 for any of the following licenses:

AB194-SSA1,8,2 (a) A resident archer hunting license issued to a person who holds a resident crossbow hunting license, provided that the resident archer hunting license and the resident crossbow hunting license authorize hunting during the same hunting season.

AB194-SSA1,8,6 (b) A nonresident archer hunting license issued to a person who holds a nonresident crossbow hunting license, provided that the nonresident archer hunting license and the nonresident crossbow hunting license authorize hunting during the same hunting seasons.

AB194-SSA1,8,9 (c) A resident crossbow hunting license issued to a person who holds a resident archer hunting license, provided that the resident crossbow hunting license and the resident archer hunting license authorize hunting during the same hunting season.