LRB-4464/1
MGG:jlg:jf
1997 - 1998 LEGISLATURE
February 3, 1998 - Introduced by Representatives Ainsworth, Lorge,
Brandemuehl, Dueholm, Duff, Goetsch, Gronemus, Grothman, Hahn,
Johnsrud, F. Lasee, Musser, Ott, Owens, Sykora
and Zukowski. Referred to
Committee on Natural Resources.
AB761,1,4 1An Act to amend 29.598 (7m) (b) (intro.) and 943.13 (4m) (b); and to create
229.598 (7m) (ag) and 29.598 (7m) (ak) of the statutes; relating to: opening land
3to hunting under the wildlife damage abatement and the wildlife damage claim
4programs.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources provides financial
assistance to landowners for damage done by certain wild animals to agricultural
crops, livestock, nursery stock or apiaries by providing abatement assistance or
damage payments. Abatement assistance includes reimbursing landowners who
take certain wildlife damage abatement measures such as erecting wire deer fences.
Under current law, a landowner who participates in the abatement program or
the claim program must open his or her land to hunting. Under the bill, a landowner
may require that any person wanting to hunt on the land first notify the landowner
of his or her desire to do so. The bill requires that a landowner imposing this
requirement register with the county. The bill then requires that the county
maintain a list of the landowners who must have their lands open to hunting and of
those landowners, the ones who require prior notification for hunting. The bill allows
the landowner to post the land with notices stating that any person who wants to
hunt on the land must first notify the landowner.
The bill also authorizes landowners who participate in the abatement program
or the claim program to refuse access to hunters for reasonable cause. Under the bill,

reasonable cause may not be based on such factors as race, religion or age, but
reasonable cause does include being intoxicated or causing property damage.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB761, s. 1 1Section 1. 29.598 (7m) (ag) of the statutes is created to read:
AB761,2,42 29.598 (7m) (ag) Prior notification. 1. A person who is required to open land
3to hunting under par. (a) may require that any hunter wanting to hunt on the land
4to notify the person prior to entering the land.
AB761,2,125 2. A person imposing the requirement under par.(a) shall register with the
6county at the unit or agency of the county that is responsible for the administration
7of the wildlife damage abatement and wildlife damage claim programs. At the unit
8or agency's location, the county shall maintain for public inspection a current list
9giving the names of persons in the county that are required to have land open to
10hunting under par. (a), the location of the land open to hunting, and of those persons
11required to have open land, the ones that require that they be notified by hunters
12prior to entering their land.
AB761,2,1413 3. A person who requires being notified under subd. 1. may post the land with
14notices stating that hunters must comply with the requirement prior to hunting.
AB761, s. 2 15Section 2. 29.598 (7m) (ak) of the statutes is created to read:
AB761,3,216 29.598 (7m) (ak) Refusing hunters. A person required to open land to hunting
17under par. (a) may refuse access to that land for hunting for reasonable cause.
18Reasonable cause may not be based on age, race, religion, color, handicap, sex,
19physical condition, developmental disability, creed, sexual orientation or national

1origin. Reasonable cause includes being intoxicated, causing property damage,
2littering or engaging in reckless conduct.
AB761, s. 3 3Section 3. 29.598 (7m) (b) (intro.) of the statutes, as affected by 1997 Wisconsin
4Act 27
, is amended to read:
AB761,3,75 29.598 (7m) (b) Penalties. (intro.) If any person who is required to permit
6hunting on land as required under par. (a) this subsection fails to do so, the person
7is liable for all of the following:
AB761, s. 4 8Section 4. 943.13 (4m) (b) of the statutes is amended to read:
AB761,3,129 943.13 (4m) (b) A hunter entering land that is required to be open for hunting
10under s. 29.59 (4m) or a hunter entering land that is required to be open for hunting
11under s.
29.598 (7m) (a) and who complies with any prior notification requirement
12imposed under s. 29.598 (7m) (ag)
.
AB761,3,1313 (End)
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