Amendment ASA1-AB109

AB109-ASA1,3,8 29.194 (4) Resident small game hunting licenses for nonresident minors. (a) In this subsection:

AB109-ASA1,3,10 1. "Hunting license" means a license or permit that authorizes the hunting of small game with a firearm.

AB109-ASA1,3,12 2. "Minor" means a person who is at least 12 years of age but less than 16 years of age.

AB109-ASA1,3,15 (b) A resident small game hunting license shall be issued by the department to a person who resides in another state and who applies for the license if all of following apply:

AB109-ASA1,3,16 1. The applicant is a minor.

AB109-ASA1,3,20 2. The state in which the applicant resides issues hunting licenses to minors who are residents of this state and collects a fee for those hunting licenses that is the same as the fee collected from minors residing in that state for those hunting licenses.

AB109-ASA1, s. 6 Section 6. 29.304 (1) (title) of the statutes is amended to read:

AB109-ASA1,3,22 29.304 (1) (title) Persons Hunting by persons under 12 years of age.

AB109-ASA1, s. 7 Section 7. 29.304 (1) (b) of the statutes is repealed.

AB109-ASA1, s. 8 Section 8. 29.304 (2) (a) (title) of the statutes is repealed.

AB109-ASA1, s. 9 Section 9. 29.304 (2) (a) of the statutes is renumbered 29.304 (2) and amended to read:

AB109-ASA1,4,6 29.304 (2) Persons 12 to 14 Hunting by persons 12 and 13 years of age. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

AB109-ASA1, s. 10 Section 10. 29.304 (2) (b) (title) of the statutes is repealed.

AB109-ASA1, s. 11 Section 11. 29.304 (2) (b) (intro.) of the statutes is renumbered 29.304 (3m) (intro.) and amended to read:

AB109-ASA1,4,12 29.304 (3m) Possession by persons under 14 years of age. (intro.) No person 12 years of age or older but under 14 years of age may have in his or her possession or control any firearm unless he or she:

AB109-ASA1, s. 12 Section 12. 29.304 (2) (b) 1. of the statutes is renumbered 29.304 (3m) (a) and amended to read:

AB109-ASA1,4,16 29.304 (3m) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

AB109-ASA1, s. 13 Section 13. 29.304 (2) (b) 2. of the statutes is renumbered 29.304 (3m) (b).

AB109-ASA1, s. 14 Section 14. 29.304 (3) (title) of the statutes is amended to read:

AB109-ASA1,4,19 29.304 (3) (title) Persons 14 to 16 Hunting by persons 14 and 15 years of age.

AB109-ASA1, s. 15 Section 15. 29.304 (3) (a) (title) of the statutes is repealed.

AB109-ASA1, s. 16 Section 16. 29.304 (3) (a) (intro.) of the statutes is renumbered 29.304 (3) (intro.).

AB109-ASA1, s. 17 Section 17. 29.304 (3) (a) 1. of the statutes is renumbered 29.304 (3) (a) and amended to read:

AB109-ASA1,5,2 29.304 (3) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

AB109-ASA1, s. 18 Section 18. 29.304 (3) (a) 2. of the statutes is renumbered 29.304 (3) (b) amended to read:

AB109-ASA1,5,8 29.304 (3) (b) Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate issued by another state or, province, or country that has a hunter safety course that is recognized by the department.

AB109-ASA1, s. 19 Section 19. 29.304 (3) (b) (title) of the statutes is repealed.

AB109-ASA1, s. 20 Section 20. 29.304 (3) (b) (intro.) of the statutes is renumbered 29.304 (3r) (intro.).

AB109-ASA1, s. 21 Section 21. 29.304 (3) (b) 1. of the statutes is renumbered 29.304 (3r) (a) and amended to read:

AB109-ASA1,5,15 29.304 (3r) (a) Is accompanied by a his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

AB109-ASA1, s. 22 Section 22. 29.304 (3) (b) 2. of the statutes is renumbered 29.304 (3r) (b).

AB109-ASA1, s. 23 Section 23. 29.304 (3) (b) 3. of the statutes is renumbered 29.304 (3r) (c) and amended to read:

AB109-ASA1,5,22 29.304 (3r) (c) Is issued a certificate of accomplishment that states that he or she completed the course of instruction under the hunter education program or has a similar certificate issued by another state or, province, or country that has a hunter safety course that is recognized by the department.

AB109-ASA1, s. 24 Section 24. 29.304 (3r) (title) of the statutes is created to read:

AB109-ASA1,5,24 29.304 (3r) (title) Possession by persons 14 to 16 years of age.

AB109-ASA1, s. 25 Section 25. 29.304 (5) of the statutes is amended to read:

AB109-ASA1,6,4 29.304 (5) Exception. Notwithstanding subs. (1) to (3) (2) to (3r), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm or bow and arrow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.

AB109-ASA1, s. 26 Section 26. 29.541 (1) (a) (intro.) of the statutes is amended to read:

AB109-ASA1,6,9 29.541 (1) (a) (intro.) No Except as authorized by the department, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given, to its guests or boarders any of the following:

AB109-ASA1, s. 27 Section 27. 29.563 (11) (b) 1. of the statutes is amended to read:

AB109-ASA1,6,12 29.563 (11) (b) 1. Hunter education and firearm safety instruction fee: the fee as established by rule.

AB109-ASA1, s. 28 Section 28. 29.563 (12) (c) 2. of the statutes is amended to read:

AB109-ASA1,6,15 29.563 (12) (c) 2. Hunter education and firearm safety course certificate of accomplishment: $2.

AB109-ASA1, s. 29 Section 29. 29.591 (4) (ar) of the statutes is amended to read:

AB109-ASA1,6,22 29.591 (4) (ar) Period for hunting antlerless deer. A certificate of accomplishment issued under this section that the department has authorized to be used in place of a permit under s. par. (am) is valid for the hunting of one antlerless deer during the deer hunting season immediately following the date of issuance of the certificate on which the person holding the certificate is first eligible to apply for a deer hunting license.

AB109-ASA1, s. 30 Section 30. 29.593 (2) of the statutes is amended to read:

AB109-ASA1,7,2 29.593 (2) A If a person who has evidence that is satisfactory to the department indicating that he or she has completed in another state, province, or country a hunter safety course, and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting.

AB109-ASA1, s. 31 Section 31. 29.593 (2m) of the statutes is amended to read:

AB109-ASA1,7,10 29.593 (2m) A person who has a certificate, license or other evidence indicating that he or she has completed in another state, province, or country a bow hunter education course and if the course is recognized by the department under a reciprocity agreement, the person may obtain a resident or nonresident archer hunting license regardless of whether the person is issued a certificate of accomplishment for successfully completing the course of instruction under the bow hunter education program in this state.

AB109-ASA1, s. 32 Section 32. 29.595 (3) (c) of the statutes is amended to read:

AB109-ASA1,7,16 29.595 (3) (c) A person may be issued an elk hunting license if the person holds evidence that demonstrates to the satisfaction of the department that he or she has successfully completed in another state or, province, or country an elk hunter education course and if the course is recognized by the department under a reciprocity agreement with that state or province.

AB109-ASA1, s. 33 Section 33. 29.597 (7) of the statutes is created to read:

AB109-ASA1,7,22 29.597 (7) Proceeds from the sale of skins. The department may sell, either directly or by an agent under supervision by the department, skins that are prepared as a part of the course of instruction under the trapper education program. Any proceeds that the department receives from the sale of these skins shall be credited to the appropriation account under s. 20.370 (1) (Lq).

AB109-ASA1, s. 34 Section 34. 29.931 (1) of the statutes is amended to read:

AB109-ASA1,8,7 29.931 (1) Seizure and confiscation of wild animals or plants. The department and its wardens shall seize and confiscate any wild animal, carcass or plant caught, killed, taken, had in possession or under control, sold or transported in violation of this chapter or ch. 169 or s. 167.31 or ch. 951 if the violation involves an animal normally found in the wild. The officer may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants, taken or held in violation of this chapter or ch. 169 the commission of such violations, are to be found.

AB109-ASA1, s. 35 Section 35. 29.931 (2) (a) of the statutes is amended to read:

AB109-ASA1,8,23 29.931 (2) (a) The department and its wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving violation of ch. 951 if the violation involves an animal normally found in the wild in violation of s. 951.09, or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of this chapter or ch. 169 or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving violation of ch. 951 if the violation involved an animal normally found in the wild in violation of s. 951.09, or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

AB109-ASA1, s. 36 Section 36. 29.934 (1) (a) of the statutes is amended to read:

AB109-ASA1,9,11 29.934 (1) (a) All wild animals, carcasses or, plants, vehicles, boats, or objects that are confiscated by the department for a violation of this chapter or ch. 169 and all vehicles, boats or objects confiscated by the department for a violation of this chapter or ch. 169 shall or 951 or s. 167.31, if not destroyed as authorized by law, shall be sold, except as provided in ss. 29.936 and 29.938, at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.

AB109-ASA1, s. 37 Section 37. 29.934 (2) of the statutes is amended to read:

AB109-ASA1,9,19 29.934 (2) On any sales under this section of wild animals or carcasses, the department or the agent selling them shall issue to each purchaser a certificate, on forms prepared and furnished by the department, covering the sales. The wild animals or carcasses so purchased shall be consumed, resold, or otherwise disposed of by the purchaser within a period to be set by the department, but may not be resold or exchanged, in whole or in part, to any other person, except as provided in sub. (3) authorized by the department.

AB109-ASA1, s. 38 Section 38. 29.934 (3) of the statutes is repealed.

AB109-ASA1, s. 39 Section 39. 29.938 of the statutes is created to read:

AB109-ASA1,9,24 29.938 Use by the department of unclaimed, seized, or confiscated property. The department may retain and use any of the following property for the education programs under s. 29.591, the trapper education program under s. 29.597, or other educational hunting, fishing, trapping, or conservation activities conducted by the department:

AB109-ASA1,10,4 (1) Property seized or confiscated by the department under this chapter or ch. 169 or 951 or s. 167.31.

AB109-ASA1,10,5 (2) Property turned over to the department under s. 968.20 (3).

AB109-ASA1,10,7 (3) Personal property that is in the possession of the department and that is lost, abandoned, or not claimed by its owner.

AB109-ASA1, s. 40 Section 40. 120.13 (1) (bm) of the statutes is amended to read:

AB109-ASA1,10,18 120.13 (1) (bm) The school district administrator or any principal or teacher designated by the school district administrator shall suspend a pupil under par. (b) if the school district administrator, principal or teacher determines that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). This paragraph does not apply to a pupil who possesses the firearm to participate in an activity approved and authorized by the school board, if the school board has adopted appropriate safeguards to ensure pupil safety and the pupil participating in the activity complies with those safeguards. This paragraph does not apply to a firearm that is lawfully stored inside a locked vehicle on school property.

AB109-ASA1, s. 41 Section 41. 120.13 (1) (c) 2m. of the statutes is amended to read:

AB109-ASA1,11,4 120.13 (1) (c) 2m. The school board shall commence proceedings under subd. 3. and expel a pupil from school for not less than one year whenever it finds that the pupil, while at school or while under the supervision of a school authority, possessed a firearm, as defined in 18 USC 921 (a) (3). Annually, the school board shall report to the department the information specified under 20 USC 8921 (d) (1) and (2). This subdivision does not apply to a pupil who possesses the firearm to participate in an activity approved and authorized by the school board, if the school board has adopted appropriate safeguards to ensure pupil safety and the pupil participating in the activity complies with those safeguards. This subdivision does not apply to a firearm that is lawfully stored inside a locked vehicle on school property.

AB109-ASA1, s. 42 Section 42. 968.20 (3) of the statutes is amended to read:

AB109-ASA1,12,5 968.20 (3) (a) First class cities shall dispose of dangerous weapons or ammunition seized 12 months after taking possession of them if the owner, authorized under sub. (1m), has not requested their return and if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the authorized rightful owner. If the return of a seized dangerous weapon other than a firearm is not requested by its rightful owner under sub. (1) and is not returned by the officer under sub. (2), the city shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4) or authorize a law enforcement agency to retain and use the motor vehicle. If the return of a seized firearm or ammunition is not requested by its authorized rightful owner under sub. (1) and is not returned by the officer under sub. (2), the seized firearm or ammunition shall be shipped to and become property of the state crime laboratories. A person designated by the department of justice may destroy any material for which the laboratory has no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratories have no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB109-ASA1,13,4 (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB109-ASA1,13,5 (End)