LRBs0102/1
RNK:sac&jld:ph
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 194
August 21, 2013 - Offered by Senator Farrow.
AB194-SSA1,1,11
1An Act to repeal 29.171 (2m), 29.171 (4) (a), 29.171 (4) (c) and 29.216 (2m);
to
2renumber and amend 29.171 (3), 29.193 (1m) (a), 29.193 (2) (cr) 2. and 29.216
3(3);
to amend 29.014 (1m) (b), 29.171 (2), 29.177 (3m), 29.185 (2) (b), 29.216 (2),
429.563 (6m), 29.563 (12) (a) 2., 29.563 (12m), 29.592 (3), 29.593 (1) (b) and
529.593 (2m); and
to create 29.171 (3) (b), 29.172, 29.193 (1m) (a) 1., 29.193 (1m)
6(a) 2., 29.216 (3) (b), 29.217, 29.235 (2) (dm), 29.235 (2m) (dm), 29.346, 29.563
7(2) (a) 8r., 29.563 (2) (a) 8t., 29.563 (2) (b) 6m. and 29.563 (2g) of the statutes;
8relating to: the authority to hunt certain animals with a crossbow,
9establishing open seasons for hunting with a crossbow, information required to
10be recorded at the time of carcass registration, deer management rule
11requirements, 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
1Section
1. 29.014 (1m) (b) of the statutes is amended to read:
AB194-SSA1,3,72
29.014
(1m) (b) If the department establishes an open season for hunting deer,
3elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm,
4the department
may not shall also establish an open
that season for hunting
the
5respective game with a crossbow
except by a person who has attained the age of 65
6or by a person who is authorized to hunt with a crossbow by a permit issued under
7s. 29.171 (4) (a) or 29.193 (2).
AB194-SSA1,2
8Section
2. 29.171 (2) of the statutes is amended to read:
AB194-SSA1,3,149
29.171
(2) A resident archer hunting license authorizes the hunting of all
10game, except bear, elk, and wild turkey, during the open seasons
established by the
11department for hunting that game with bow and arrow
established by the
12department. This license authorizes hunting with a bow and arrow only, unless
13hunting with a crossbow is authorized by a Class A, Class B, or Class C permit issued
14under s. 29.193 (2) or a permit issued under sub. (4).
AB194-SSA1,3
15Section
3. 29.171 (2m) of the statutes is repealed.
AB194-SSA1,4
16Section
4. 29.171 (3) of the statutes is renumbered 29.171 (3) (a) and amended
17to read:
AB194-SSA1,3,2018
29.171
(3) (a)
The Except as provided under par. (b), the department shall issue
19to each person who is issued a resident archer hunting license a deer tag and a back
20tag.
AB194-SSA1,5
21Section
5. 29.171 (3) (b) of the statutes is created to read:
AB194-SSA1,3,2422
29.171
(3) (b) The department may not issue a deer tag or back tag to a person
23who is issued a resident archer hunting license at the reduced fee under s. 29.563
24(2g).
AB194-SSA1,6
25Section
6. 29.171 (4) (a) of the statutes is repealed.
AB194-SSA1,7
1Section
7. 29.171 (4) (c) of the statutes is repealed.
AB194-SSA1,8
2Section
8. 29.172 of the statutes is created to read:
AB194-SSA1,4,5
329.172 Resident crossbow hunting license. (1) A resident crossbow
4hunting license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the
5department to any resident applying for this license.
AB194-SSA1,4,9
6(2) A resident crossbow hunting license authorizes the hunting of all game,
7except bear, elk, and wild turkey, during the open seasons for hunting that game with
8a crossbow established by the department. This license authorizes hunting with a
9crossbow only.
AB194-SSA1,4,11
10(3) (a) Except as provided under par. (b), the department shall issue to each
11person who is issued a resident crossbow hunting license a deer tag and a back tag.
AB194-SSA1,4,1312
(b) The department may not issue a deer tag or back tag to a person who is
13issued a resident crossbow hunting license at the reduced fee under s. 29.563 (2g).
AB194-SSA1,9
14Section
9. 29.177 (3m) of the statutes is amended to read:
AB194-SSA1,4,2015
29.177
(3m) Deer management rules. For the purposes of permits issued
16under this section and s. 29.181, the department shall specify by rule the type and
17number of deer which may be taken, the deer management areas where these
18permits are valid, the number of permits to be issued
, the open seasons during which
19the permits are valid, the types of weapons authorized to be used under the permits, 20and other restrictions and conditions concerning these permits.
AB194-SSA1,10
21Section
10. 29.185 (2) (b) of the statutes is amended to read:
AB194-SSA1,5,222
29.185
(2) (b)
Resident archer Archer licenses, crossbow licenses, and trapping
23licenses. Notwithstanding ss. 29.171 (2),
29.172 (2), 29.216 (2),
29.217 (2), and 29.241
24(3), a resident archer hunting license, a nonresident archer hunting license,
a
1resident crossbow hunting license, a nonresident crossbow hunting license, or a
2trapping license does not authorize the hunting or trapping of wolves.
AB194-SSA1,11
3Section
11. 29.193 (1m) (a) of the statutes is renumbered 29.193 (1m) (a)
4(intro.) and amended to read:
AB194-SSA1,5,75
29.193
(1m) (a) The department shall, after an investigation and without
6charging a fee, issue a trolling permit to any person who meets
the any of the
7following requirements
under s. 29.171 (4) (a) 2. or 4.:
AB194-SSA1,12
8Section
12. 29.193 (1m) (a) 1. of the statutes is created to read:
AB194-SSA1,5,109
29.193
(1m) (a) 1. Has an amputation or other loss of one or more arms above
10the wrist.
AB194-SSA1,13
11Section
13. 29.193 (1m) (a) 2. of the statutes is created to read:
AB194-SSA1,5,1512
29.193
(1m) (a) 2. Has a permanent substantial loss of function in one or both
13arms or one or both hands and fails to meet the minimum standards of any one of the
14following standard tests, administered under the direction of a licensed physician or
15a licensed chiropractor:
AB194-SSA1,5,1616
a. Upper extremity pinch.
AB194-SSA1,5,1818
c. Nine-hole peg.
AB194-SSA1,14
19Section
14. 29.193 (2) (cr) 2. of the statutes is renumbered 29.193 (2) (cr) 2.
20(intro.) and amended to read:
AB194-SSA1,5,2221
29.193
(2) (cr) 2. (intro.) A Class A permit authorizes the holder to
shoot do all
22of the following:
AB194-SSA1,5,23
23a. Shoot or hunt from a stationary vehicle
, to fish.
AB194-SSA1,5,25
24b. Fish or troll as authorized under sub. (1m) (b)
and to hunt certain game with
25a crossbow as authorized under ss. 29.171 (2) and 29.216 (2).
AB194-SSA1,15
1Section
15. 29.216 (2) of the statutes is amended to read:
AB194-SSA1,6,62
29.216
(2) The nonresident archer hunting license authorizes the hunting of
3all game, except bear, elk, wild turkey, and fur-bearing animals, during the open
4season for the hunting of that game with a bow and arrow
. This license authorizes
5hunting with a bow and arrow only unless hunting with a crossbow is authorized by
6a Class A, Class B, or Class C permit issued under s. 29.193 (2).
AB194-SSA1,16
7Section
16. 29.216 (2m) of the statutes is repealed.
AB194-SSA1,17
8Section
17. 29.216 (3) of the statutes is renumbered 29.216 (3) (a) and
9amended to read: