SB263: Bill Text

LRB-3473/1

MGG:kaf:hmh

1997 - 1998 LEGISLATURE

1997 Senate BILL 263

July 22, 1997 - Introduced by Senator Clausing, cosponsored by Representatives Johnsrud, Plouff, Freese, Ainsworth, Musser, Powers, Hasenohrl, Brandemuehl, J. Lehman, M. Lehman, Goetsch, Skindrud, Kedzie, Sykora, Jeskewitz, Green, Harsdorf and Porter. Referred to Committee on Agriculture and Environmental Resources.

SB263,1,7 An Act to renumber and amend 29.225 (1) and 29.226 (1); to amend 29.092 (2) (n), 29.092 (13) (f), 29.093 (2) (f), 29.225 (title), 29.225 (2), 29.225 (3), 29.225 (4) (a), 29.226 (2), 29.227 (1) (b), 29.227 (2) (b) 2., 29.227 (3) (a) 2., 29.227 (3) (b) 2., 29.227 (3) (b) 3. and 938.343 (7); and to create 29.09 (12m), 29.225 (1) (bg) and (br), 29.225 (1) (c), 29.226 (1) (b) and 29.226 (2m) of the statutes; relating to: the hunter education and safety program and hunting approvals issued to bow hunters.

Analysis by the Legislative Reference Bureau

With certain exceptions, under current law any person born after January 1, 1973, must successfully complete a hunter education and safety course administered by the department of natural resources (DNR) before being issued a license that authorizes hunting, either by firearm or by bow and arrow or by both. This bill requires DNR to include 2 components in the course of instruction under the program: one in firearm safety and one in bow hunting safety. Under current law, the course of instruction must be offered in each school district or county. Under the bill, the bow hunting safety component need not be offered in each school district or county.

Under the bill, a person may take only the bow hunting safety component. If a person who was born after January 1, 1973, and who has not been issued a certificate of accomplishment before the effective date of this bill successfully completes only the bow hunting safety component the person may only be issued a license authorizing hunting by bow and arrow.

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:

SB263, s. 1 Section 1. 29.09 (12m) of the statutes is created to read:

SB263,2,7 29.09 (12m) Small game hunting licenses. (a) A person who is issuing a resident small game hunting license, a nonresident annual small game hunting license or a nonresident 5-day small game hunting license to a person who, under s. 29.226, is required to have a certificate of accomplishment issued by the department or other evidence of having completed a hunter safety course in another state shall do one of the following, if applicable:

SB263,2,12 1. For an applicant who presents a certificate of accomplishment issued by the department under s. 29.225 that states the applicant successfully completed only the bow hunting safety component of the hunter education and safety program, the person shall indicate on the license that the person is authorized to hunt small game only with a bow and arrow.

SB263,2,16 2. For an applicant who presents a certificate, license or other evidence showing that he or she has completed a hunter safety course in another state that is recognized by the department under s. 29.226 (2m), the person shall indicate on the license that the person is authorized to hunt small game only with a bow and arrow.

SB263,2,18 (b) Paragraph (a) 1. does not apply to certificates of accomplishment issued before the effective date of this paragraph .... [revisor inserts date].

SB263, s. 2 Section 2. 29.092 (2) (n) of the statutes is amended to read:

SB263,3,4 29.092 (2) (n) (title) Hunter education and firearm safety course; instruction fee; certificate of accomplishment. The instruction fee for the hunter education and firearm safety course provided in s. 29.225 is $3. There is no fee for the original issuance of a certificate of accomplishment if the instruction fee is paid.

SB263, s. 3 Section 3. 29.092 (13) (f) of the statutes is amended to read:

SB263,3,8 29.092 (13) (f) Duplicate hunter certificate of accomplishment. The fee for a duplicate hunter education and firearm safety course certificate of accomplishment issued under s. 29.225 (4) (b) is $2.

SB263, s. 4 Section 4. 29.093 (2) (f) of the statutes is amended to read:

SB263,3,13 29.093 (2) (f) Certificate of accomplishment. Except as provided under s. 29.227 (1) (d), a certificate of accomplishment issued under s. 29.225 is valid for the hunting of small game in place of a resident small game hunting license from the date of issuance until March 31 of the following year.

SB263, s. 5 Section 5. 29.225 (title) of the statutes is amended to read:

SB263,3,16 29.225 (title) Hunter education and firearm safety program; certificate of accomplishment.

SB263, s. 6 Section 6. 29.225 (1) of the statutes is renumbered 29.225 (1) (a) and amended to read:

SB263,3,24 29.225 (1) (a) The department shall establish by rule a statewide hunter education and firearm safety program. The Except as provided in par. (c), the hunter education and firearm safety program shall provide for a course of instruction in each school district or county. The department shall conduct this course of instruction in cooperation with qualified individuals, organizations, groups, associations, public or private corporations and federal, state and local governmental entities. This

SB263,4,5 (b) The course of instruction shall provide instruction to students in the commonly accepted principles of safety in handling hunting firearms and equipment, the responsibilities of hunters to wildlife, environment, landowners and others, how to recognize threatened and endangered species which that cannot be hunted and the principles of wildlife management and conservation.

SB263, s. 7 Section 7. 29.225 (1) (bg) and (br) of the statutes are created to read:

SB263,4,8 29.225 (1) (bg) In addition to the topics specified under par. (b), the course of instruction shall include the following components:

SB263,4,11 1. A firearm safety component providing instruction in the commonly accepted principles of safety in handling firearms used in hunting and their associated equipment.

SB263,4,13 2. A bow hunting safety component providing instruction in hunting with bows and arrows and their associated equipment.

SB263,4,15 (br) The bow hunting safety component need not be offered in each school district or county.

SB263, s. 8 Section 8. 29.225 (1) (c) of the statutes is created to read:

SB263,4,19 29.225 (1) (c) A person who is enrolled in the course may take the firearm safety component, or, if the bow hunting safety component is offered, the bow hunting safety component or both components.

SB263, s. 9 Section 9. 29.225 (2) of the statutes is amended to read:

SB263,5,4 29.225 (2) Administration. The law enforcement administrator shall be the department's authorized agent to administer, supervise and enforce this section. The department shall appoint a qualified person from the law enforcement function, under the classified service, as the hunter education administrator and shall prescribe his or her duties and responsibilities. The department may appoint county directors, master hunter education instructors and regular hunter education instructors necessary for the hunter education and firearm safety program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation.

SB263, s. 10 Section 10. 29.225 (3) of the statutes is amended to read:

SB263,5,12 29.225 (3) Instruction fee. The department shall collect the instruction fee specified under s. 29.092 (2) (n) from each person who receives instruction under the hunter education and firearm safety program. The department may authorize an instructor conducting a course of instruction meeting standards established by the department to retain 50% of this fee to defray expenses incurred locally to operate the program. The remaining portion of the fee or, if nothing is retained, the entire fee shall be deposited in the conservation fund.

SB263, s. 11 Section 11. 29.225 (4) (a) of the statutes is amended to read:

SB263,5,21 29.225 (4) (a) Issuance. The department shall issue a certificate of accomplishment to a person who successfully completes the course of instruction under the hunter education and firearm safety program and who pays the instruction fee. The department shall prescribe the form and content of the certificate of accomplishment. The certificate shall state whether the person successfully completed the firearm safety component, the bow hunting safety component or both. The certificate may be used by a resident to whom issued in place of a small game hunting license as required in s. 29.09.

SB263, s. 12 Section 12. 29.226 (1) of the statutes is renumbered 29.226 (1) (a) and amended to read:

SB263,6,3 29.226 (1) (a) Except as provided under subs. (2), (2m) and (3), no person born on or after January 1, 1973, may obtain any approval authorizing hunting unless the person is issued a certificate of accomplishment under s. 29.225.

SB263, s. 13 Section 13. 29.226 (1) (b) of the statutes is created to read:

SB263,6,9 29.226 (1) (b) For a person who is issued a certificate of accomplishment under s. 29.225 on or after the effective date of this paragraph .... [revisor inserts date], the approval issued under par. (a) shall authorize hunting only with a bow and arrow if the person's certificate states that the person successfully completed only the bow hunting safety component of the course of instruction under s. 29.225 (1) (bg) 2.

SB263, s. 14 Section 14. 29.226 (2) of the statutes is amended to read:

SB263,6,15 29.226 (2) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course in another state and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

SB263, s. 15 Section 15. 29.226 (2m) of the statutes is created to read:

SB263,6,22 29.226 (2m) A person who has a certificate, license or other evidence indicating that he or she has completed in another state a hunter safety course that consisted only of bow hunting safety instruction and if the course is recognized by the department under a reciprocity agreement, the person may obtain an approval authorizing hunting only with a bow and arrow regardless of whether the person is issued a certificate of accomplishment under s. 29.225 in this state.

SB263, s. 16 Section 16. 29.227 (1) (b) of the statutes is amended to read: