LRBs0246/1
ZDW:ahe
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 649
January 16, 2018 - Offered by Representative Kleefisch.
AB649-ASA1,1,9
1An Act to amend 29.016 (1) (b), 29.016 (2) (intro.), 29.053 (3), 29.089 (2) (intro.),
229.091 (1), 29.091 (2) (intro.), 29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182
3(3) (b), 29.184 (3) (am), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185 (6) (b), 29.193 (2)
4(cr) 4., 29.193 (2) (d), 29.211 (2), 29.304 (title), 29.311, 29.312 (2), 29.314 (3) (b)
54., 29.324 (1) (b), 29.324 (1) (d), 29.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4)
6(intro.), 29.927 (6g), 29.971 (12) and 66.0409 (1) (a); and
to create 29.001 (5),
729.001 (7), 29.014 (1u), 29.304 (6) and 29.314 (6m) of the statutes;
relating to:
8hunting with an airgun, providing an exemption from emergency rule
9procedures, granting rule-making authority, and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under this substitute amendment, a person may hunt an animal with a .30
caliber or larger airgun in a season open to hunting that animal with a firearm. The
substitute amendment defines “airgun” as a weapon originally manufactured to
expel one or more projectiles by the expansion of compressed air, including an airbow.
“Airbow” is defined as a weapon originally designed to fire an arrow by the expansion
of compressed air.
Under current law, the Department of Natural Resources is authorized to
establish open and closed seasons for the hunting of wild animals. DNR issues
hunting licenses that authorize the hunting of specified animals and those licenses
specify the type of weapon that may be used when hunting under those licenses.
Under the substitute amendment, if DNR establishes an open season for
hunting an animal with a firearm, the season must also be open for hunting that
animal with a .30 caliber or larger airgun. The substitute amendment also provides
that each license that currently authorizes the hunting of an animal with a firearm
also authorizes the hunting of that animal with an airgun.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB649-ASA1,1
1Section 1
. 29.001 (5) of the statutes is created to read:
AB649-ASA1,2,32
29.001
(5) “Airbow” means a weapon originally designed to fire an arrow by the
3expansion of compressed air.
AB649-ASA1,2
4Section 2
. 29.001 (7) of the statutes is created to read:
AB649-ASA1,2,65
29.001
(7) “Airgun” means a weapon originally manufactured to expel one or
6more projectiles by the expansion of compressed air. “Airgun” includes an airbow.
AB649-ASA1,3
7Section 3
. 29.014 (1u) of the statutes is created to read:
AB649-ASA1,2,108
29.014
(1u) (a) If the department establishes an open season for hunting an
9animal with a firearm, the season shall also be open for hunting that animal with a
10.30 caliber or larger airgun.
AB649-ASA1,2,1511
(b) The department may promulgate rules limiting the types of airguns that
12may be used to hunt specific species during particular hunting seasons. If the
13department promulgates rules under this paragraph, the department shall allow the
14use of airguns and airgun ammunition that are similar to permitted firearms and
15firearm ammunition with regards to effectiveness for hunting.
AB649-ASA1,4
16Section 4
. 29.016 (1) (b) of the statutes is amended to read:
AB649-ASA1,3,3
129.016
(1) (b) Except as provided in sub. (2), establish a fall open season for
2hunting deer with firearms
and airguns that begins before the Saturday
3immediately preceding the 4th Thursday in November.
AB649-ASA1,5
4Section 5
. 29.016 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,3,85
29.016
(2) (intro.) Subsection (1) (b) does not prohibit the department from
6promulgating a rule that establishes a fall open season for hunting deer with
7firearms
and airguns that begins before the Saturday immediately preceding the 4th
8Thursday in November if any of the following applies:
AB649-ASA1,6
9Section 6
. 29.053 (3) of the statutes is amended to read:
AB649-ASA1,3,1710
29.053
(3) The department may modify any requirement of this chapter or
11rules promulgated under it, establish special seasons, authorize the use of special
12equipment or take any other action in order to provide additional hunting and fishing
13opportunities for persons who are physically disabled or visually handicapped. The
14department may limit the number of persons involved, except that if the department
15establishes a special season for hunting deer with firearms
and airguns for persons
16who are physically disabled, the season shall be open to persons who have been
17issued a Class D permit under s. 29.193 (2).
AB649-ASA1,7
18Section 7
. 29.089 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,3,2219
29.089
(2) (intro.) No person may have in his or her possession or under his or
20her control a firearm
or airgun on land located in state fish hatcheries unless the
21firearm
or airgun is unloaded and enclosed within a carrying case. This subsection
22does not apply to any of the following:
AB649-ASA1,8
23Section 8
. 29.091 (1) of the statutes is amended to read:
AB649-ASA1,4,624
29.091
(1) No person may hunt or trap within any wildlife refuge established
25under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
1or control of any gun, firearm,
airgun, bow
, or crossbow unless the gun
or
, firearm
,
2or airgun is unloaded, the bow or crossbow is unstrung
, and the gun, firearm,
airgun, 3bow
, or crossbow is enclosed within a carrying case. The taking of predatory game
4birds and animals shall be done as the department directs. All state wildlife refuge
5boundary lines shall be marked by posts placed at intervals of not over 500 feet and
6bearing signs with the words “Wisconsin Wildlife Refuge".
AB649-ASA1,9
7Section 9
. 29.091 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,4,108
29.091
(2) (intro.) The prohibition in sub. (1), as it relates to the possession or
9control of a loaded or unencased gun
or, firearm
, or airgun within a refuge
10established under s. 23.09 (2) (b), does not apply to any of the following:
AB649-ASA1,10
11Section 10
. 29.164 (2) (b) of the statutes is amended to read:
AB649-ASA1,4,1312
29.164
(2) (b)
Type of hunting authorized. A license issued under this section
13authorizes hunting with a firearm,
airgun, bow and arrow, or crossbow.
AB649-ASA1,11
14Section
11. 29.173 (2) (a) of the statutes is amended to read:
AB649-ASA1,4,1615
29.173
(2) (a) A resident deer hunting license authorizes the hunting of deer
16with a firearm,
airgun, bow and arrow, or crossbow.
AB649-ASA1,12
17Section 12
. 29.182 (3) (a) of the statutes is amended to read:
AB649-ASA1,4,1918
29.182
(3) (a) A resident elk hunting license authorizes a resident of this state
19to hunt elk with a firearm,
airgun, bow and arrow, or crossbow.
AB649-ASA1,13
20Section 13
. 29.182 (3) (b) of the statutes is amended to read:
AB649-ASA1,4,2221
29.182
(3) (b) A nonresident elk hunting license authorizes a nonresident of
22this state to hunt elk with a firearm,
airgun, bow and arrow, or crossbow.
AB649-ASA1,14
23Section 14
. 29.184 (3) (am) of the statutes is amended to read:
AB649-ASA1,5,3
129.184
(3) (am)
Evidence of bear hunting. The fact that a person is observing
2a bear while possessing a firearm
or airgun is not sufficient evidence to prove that
3the person holding the firearm
or airgun is hunting bear.
AB649-ASA1,15
4Section 15
. 29.184 (3) (c) of the statutes is amended to read:
AB649-ASA1,5,65
29.184
(3) (c)
Type of hunting authorized. A Class A bear license authorizes
6hunting with a firearm,
airgun, bow and arrow, or crossbow.
AB649-ASA1,16
7Section 16
. 29.185 (6) (a) 1. of the statutes is amended to read:
AB649-ASA1,5,98
29.185
(6) (a) 1. A firearm
or airgun, as authorized under par. (b), a bow and
9arrow, or a crossbow.
AB649-ASA1,17
10Section 17
. 29.185 (6) (b) of the statutes is amended to read:
AB649-ASA1,5,1511
29.185
(6) (b)
Firearms and ammunition. A wolf harvesting license authorizes
12hunting with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs
13or shotshells,
an airgun, and any other firearm that is loaded with a single slug or
14ball. A wolf harvesting license authorizes hunting with shot that is larger than size
15BB.
AB649-ASA1,18
16Section 18
. 29.193 (2) (cr) 4. of the statutes is amended to read:
AB649-ASA1,5,2017
29.193
(2) (cr) 4. A person holding a current resident or nonresident deer
18hunting license and a Class D permit may hunt deer of either sex with a firearm
or
19airgun only during a special season established by the department that is open for
20hunting deer with firearms by disabled persons who hold a permit under this section.
AB649-ASA1,19
21Section 19
. 29.193 (2) (d) of the statutes is amended to read:
AB649-ASA1,6,322
29.193
(2) (d) 1. A holder of a Class A or Class B permit may be accompanied
23by a person who is not eligible to apply for a Class A or Class B permit. The
24accompanying person may not hunt or carry a firearm,
airgun, bow
, or crossbow
25unless that person has been issued the appropriate approval to do so. The assistance
1rendered by an accompanying person who has not been issued the appropriate
2approval is limited to field dressing, tagging
, and retrieving game for the permit
3holder.