AB736: Bill Text

January 27, 1998 - Introduced by Joint Legislative Council. Referred to Committee on Natural Resources.

AB736,2,2 An Act to repeal 29.09 (9) (a) 2. and 3.; to renumber 29.09 (9) (cr), 29.1085 (1m) and 29.1085 (2m); to renumber and amend 29.093 (3) (fm) and 29.104 (4) (a) 4.; to amend 29.09 (1m), 29.09 (8m) (b), 29.09 (9) (b) 1., 29.09 (9) (c) 1. (intro.), 29.09 (9) (c) 2., 29.09 (9) (c) 3., 29.09 (9) (c) 4., 29.093 (2) (cr) 1., 29.093 (2) (cr) 2., 29.093 (2) (cr) 4., 29.103 (2) (ar), 29.104 (2), 29.104 (4) (b) (intro.), 29.107 (6), 29.1085 (2m) (title), 29.117 (2), 29.174 (2) (f), 29.27 (3), 167.31 (4) (c), 167.31 (4) (cg) (intro.), 167.31 (4) (cm), 167.31 (4m) and 941.20 (3) (b) 2.; to repeal and recreate 29.09 (1m); and to create 29.09 (9) (c) 1m., 29.09 (9) (c) 2m., 29.09 (9) (cr) 2. and 3., 29.093 (2) (cr) 1m., 29.093 (2) (cr) 4m., 29.093 (3) (fm) 2., 29.104 (4) (a) 4. a., b. and c., 29.104 (4) (c), 29.1085 (1m) (b), 29.1085 (2m) (b), 29.245 (4) (b) 3., 29.45 (2m) and 167.31 (4) (f) of the statutes; relating to: various changes to hunting and fishing regulations and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the joint legislative council in this bill.

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

prefatory note: This bill was prepared for and contains recommendations of the joint legislative council's special committee on recodification of fish and game laws.

As part of its charge, the special committee was directed to recodify ch. 29 of the statutes. Chapter 29 contains most of the statutes related to wildlife, nongame species, hunting, trapping and fishing, various commercial activities involving wildlife and other subjects of regulation by the department of natural resources (DNR), such as the protection of endangered and threatened species, wild rice and wild ginseng. In separate legislation, the special committee is recommending a comprehensive recodification, reorganization and modernization of all of the contents of ch. 29.

In the process of reviewing the various issues encompassed in ch. 29, the special committee identified a number of issues of a more substantive nature than the kinds of issues typically addressed in recodification legislation. This bill contains the special committee's recommendations on those substantive issues. This bill does not contain major new policy initiatives, but rather modifies current policies to correct obvious inequities, clarifies existing statutes and expands the scope of current statutes to reflect current needs and conditions.

This bill contains the following key provisions:

1. A requirement for the DNR to study the potential for new or increased sources of revenue for the fish and wildlife account of the conservation fund, including proposals for the creation of new approvals or fees for the use of state-owned property under the jurisdiction of the DNR and a review of the potential for using general purpose revenues as a supplement to the conservation fund.

2. Authorization for the DNR to extend the deadline to remove a blind on state-owned property due to compelling personal needs of the blind owner.

3. Clarification of the authority of a person to possess a loaded firearm within 50 feet of the center of a roadway, when the person is not violating any of the prohibitions related to transportation or use of firearms within the roadway or within 50 feet of the center of the roadway.

4. Authorization for a person who is assisting a disabled license holder to obtain and carry the license on behalf of the disabled person.

5. Elimination of the limit of 36 pounds of thrust for a trolling motor that may be used by a disabled person, and authorization for the DNR to promulgate rules regarding use of electric motors for fishing or trolling by disabled persons.

6. Expansion of the use of the Class B permit, now available to persons with temporary disabilities, to authorize use of the Class B permit for a wider range of hunting and fishing methods, as approved by the DNR, and to authorize the DNR to specify that period of validity of a Class B permit, up to a period of 5 years.

7. Authorization for a Class A or Class C permit or a crossbow or trolling permit, all of which are issued to disabled persons, to be renewed for 10-year periods, rather than 5-year periods, as provided under current statutes.

8. Authorization for a person assisting a disabled person to assist a disabled person who holds a Class B bear license without also being required to obtain a Class B bear license.

9. Expansion of the authorization of nonresident archer hunting licenses to allow disabled nonresidents to hunt with a crossbow, subject to eligibility requirements established by the DNR.

10. Elimination of the requirement that a person who owns a parcel that is 50 acres or larger must be a resident of the county in which a parcel is located or the adjacent county in order to obtain a special deer hunting permit.

11. Limitation of the area where bear may be pursued with dogs or dogs may be trained to track bear to only those areas of the state in which the DNR authorizes bear hunting.

12. Authorization of the use of lights for bow fishing for rough fish on inland lakes.

13. Authorization for a person who takes an antlerless deer under an antlerless deer permit to transport the deer on highways other than federal or state highways, as required under current law, to register the deer.

For additional information, see the notes throughout this bill.

AB736, s. 1 Section 1. 29.09 (1m) of the statutes is amended to read:

AB736,3,4 29.09 (1m) Conditions and restrictions on licenses and other approvals. (a) A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.

AB736,3,7 (b) Except as provided under sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the county clerk or issuing agent definite proof of his or her identity and that he or she is a resident.

AB736,3,9 (c) No more than one of the same series of approval may be issued to the same person in any year.

AB736,3,11 (d) Except as provided under s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person and no.

AB736,3,14 (e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.

AB736,3,17 (f) No person may obtain a hunting, trapping or fishing approval for another person, except that a person who assists a disabled person may obtain an approval for a disabled person.

AB736,4,2 (g) No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).

AB736, s. 2 Section 2. 29.09 (1m) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB736,4,7 29.09 (1m) Conditions and restrictions on licenses and other approvals. (a) A hunting, trapping or fishing approval may be issued only to and obtained only by a natural person entitled to the approval.

AB736,4,10 (b) Except as provided under sub. (12) (a), a resident hunting, trapping or fishing approval may be issued only to a person who presents to the issuing agent or the department definite proof of his or her identity and that he or she is a resident.

AB736,4,12 (c) No more than one of the same series of approval may be issued to the same person in any year.

AB736,4,14 (d) Except as provided under s. 29.33 (2) (d), no person may transfer his or her approval or permit the use of any approval by any other person.

AB736,4,17 (e) No person while hunting, trapping or fishing may use or carry any approval issued to another person, except that a person who accompanies and is assisting a disabled person may carry the disabled person's approval.

AB736,4,20 (f) 1. Except as provided under subd. 2. and as authorized by rules promulgated under sub. (3m) (a) 2., no person may obtain a hunting, trapping or fishing approval for another person.

AB736,4,22 2. A person who assists a disabled person may obtain an approval for a disabled person.

AB736,4,24 (g) No approval authorizing hunting may be issued to any person who is prohibited from obtaining this type of approval under s. 29.226 or 29.227 (1) (c).

Note: Currently, no person may carry a hunting or fishing license issued to another person and no person may obtain a hunting or fishing license for another person. This bill allows any person who accompanies and is assisting a disabled license holder to obtain or carry the license on behalf of the disabled person.

AB736, s. 3 Section 3. 29.09 (8m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB736,5,9 29.09 (8m) (b) A person holding a current fishing license issued under this chapter and either a trolling permit or a Class A permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters and subject to rules promulgated by the department regarding the use of electric motors for fishing or trolling by disabled persons.

Note: Currently, a person with certain specified disabilities may fish or troll with an electric motor with no more than 36 pounds of thrust. This bill amends this provision to delete the restriction on the maximum thrust of the electric motor. In addition, this bill authorizes the DNR to regulate the use of electric motors for fishing or trolling by disabled persons, which will permit the DNR to address issues such as fishing methods by disabled persons using an electric motor.

AB736, s. 4 Section 4. 29.09 (9) (a) 2. and 3. of the statutes are repealed.

Note: See Note after the treatment of s. 29.09 (9) (cr) 2. and 3.

AB736, s. 5 Section 5. 29.09 (9) (b) 1. of the statutes is amended to read:

AB736,5,15 29.09 (9) (b) 1. After proper application, the department shall, after due 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 permit to any person, as provided in this subsection.

Note: Under current statutes, the DNR may not charge a fee for issuing a Class A, Class B or Class C permit to a disabled person. However, a special review procedure is provided for a disabled person who is ineligible for a permit or is denied a permit. The review procedure is discretionary with the DNR and all costs of the review procedure must be paid by the applicant. This bill clarifies that the DNR may issue the permit subject to the fee for review.

AB736, s. 6 Section 6. 29.09 (9) (c) 1. (intro.) of the statutes is amended to read:

AB736,6,3 29.09 (9) (c) 1. (intro.) The department shall issue a Class A permit under this subsection to an applicant who is handicapped permanently disabled, as determined by the department, in any of the following ways:

AB736, s. 7 Section 7. 29.09 (9) (c) 1m. of the statutes is created to read:

AB736,6,8 29.09 (9) (c) 1m. The department shall issue a Class A permit under this subsection to an applicant who has a condition described in subd. 1. a. to c. and who has been determined by the social security administration to be eligible for, and is receiving social security disability benefits by reason of, that disease or disability.

Note: This bill allows the receipt of social security benefits for any of the 3 physical disabilities that are specified in current law to be substituted for a state determination of disability. This bill does not expand eligibility beyond the 3 specified physical disabilities.

AB736, s. 8 Section 8. 29.09 (9) (c) 2. of the statutes is amended to read:

AB736,6,16 29.09 (9) (c) 2. The department shall issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery after August 31 immediately preceding the hunting season to which the permit will first apply. The department may also issue a Class B permit to a person as provided in subd. 3.

AB736, s. 9 Section 9. 29.09 (9) (c) 2m. of the statutes is created to read:

AB736,6,20 29.09 (9) (c) 2m. The department may issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to illness, injury or operative procedures.

AB736, s. 10 Section 10. 29.09 (9) (c) 3. of the statutes is amended to read:

AB736,7,7 29.09 (9) (c) 3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1. or, 1m., 2. or 2m. or who is denied a permit under subd. 1. or, 1m., 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician or licensed chiropractor selected by the applicant from a list of licensed physicians and licensed chiropractors compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

Note: Under this bill, the DNR decision to issue a Class B permit may be based on the recommendation of a licensed chiropractor, as well as a licensed physician, as provided in the current statute. Chiropractors are permitted to make recommendations regarding other hunting and fishing statutes related to disabled persons, and the omission of chiropractors in this statute appears to be inadvertent.

AB736, s. 11 Section 11. 29.09 (9) (c) 4. of the statutes is amended to read:

AB736,7,12 29.09 (9) (c) 4. The department shall issue a Class C permit to any person who is visually handicapped, as determined by the department, or who has been determined by the social security administration to be eligible for, and is receiving social security disability benefits by reason of, being visually handicapped.

Note: This bill allows the receipt of social security disability benefits for physical disabilities to be substituted for state determination of visual disability for purposes of Class C permits.

AB736, s. 12 Section 12. 29.09 (9) (cr) of the statutes is renumbered 29.09 (9) (cr) 1.

AB736, s. 13 Section 13. 29.09 (9) (cr) 2. and 3. of the statutes are created to read:

AB736,7,18 29.09 (9) (cr) 2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under sub. (8m) (b) and to hunt certain game with a crossbow as authorized under ss. 29.103 (2) (ar), 29.104 (2) and 29.117 (2).

AB736,8,2 3. A Class B permit authorizes the holder to use any of the hunting or fishing methods authorized in this chapter for a holder of a Class A permit that are specifically approved by the department for that Class B permit holder upon issuance or subsequent modification of the Class B permit.

Note: Currently a Class A permit is issued to a person with specified permanent physical disabilities and authorizes the holder to use certain hunting methods. A Class B permit is currently issued to a person with a permanent or temporary disability, or to a person who is ineligible for or is denied a Class A permit. A Class B permit authorizes the holder to use a more limited number of hunting methods than are available to the holder of a Class A permit.

This bill retains the Class A permit without change, but modifies the Class B permit. The Class B permit will no longer be available to a person with a permanent disability. Further, the DNR is given more flexibility in issuing the permit and in tailoring the permit to each individual's needs. Under this bill, the DNR may designate the hunting and fishing methods that a Class B permit holder may use, which may consist of any or all hunting methods available to a Class A permit holder. The DNR may specify the duration of each Class B permit, up to a period of 5 years.

AB736, s. 14 Section 14. 29.093 (2) (cr) 1. of the statutes is amended to read:

AB736,8,5 29.093 (2) (cr) 1. A An initial Class A or Class C permit issued under s. 29.09 (9) is valid for the 5-year period specified on the permit.

AB736, s. 15 Section 15. 29.093 (2) (cr) 1m. of the statutes is created to read:

AB736,8,8 29.093 (2) (cr) 1m. Upon renewal, a Class A or Class C permit issued under s. 29.09 (9) is valid for the 10-year period specified on the permit.

Note: Currently, a Class A or Class C permit issued to a disabled person is valid for a 5-year period. This bill changes the current statute to provide that the initial Class A or Class C permit is valid for a 5-year period, and renewals are valid for a 10-year period.

AB736, s. 16 Section 16. 29.093 (2) (cr) 2. of the statutes is amended to read:

AB736,8,13 29.093 (2) (cr) 2. A Class B permit issued under s. 29.09 (9) (c) 2. or 3. is valid from April 1 or the date of issuance, whichever is later, until the following March 31, unless otherwise authorized by the department and for the period specified on the permit by the department, not to exceed 5 years.

AB736, s. 17 Section 17. 29.093 (2) (cr) 4. of the statutes is amended to read:

AB736,8,16 29.093 (2) (cr) 4. A An initial crossbow permit is valid for the 5-year period specified on the permit.

AB736, s. 18 Section 18. 29.093 (2) (cr) 4m. of the statutes is created to read:

AB736,9,3 29.093 (2) (cr) 4m. Upon renewal, a crossbow permit is valid for the 10-year period specified on the permit.

Note: Currently, a crossbow permit issued to a disabled person is valid for a 5-year period. This bill changes the current statute to provide that the initial crossbow permit is valid for a 5-year period, and renewals are valid for a 10-year period.

AB736, s. 19 Section 19. 29.093 (3) (fm) of the statutes is renumbered 29.093 (3) (fm) 1. and amended to read:

AB736,9,7 29.093 (3) (fm) 1. A An initial trolling permit is valid for the 5-year period specified on the permit.

AB736, s. 20 Section 20. 29.093 (3) (fm) 2. of the statutes is created to read:

AB736,9,10 29.093 (3) (fm) 2. Upon renewal, a trolling permit is valid for the 10-year period specified on the permit.