AB851: Bill Text

Analysis by the Legislative Reference Bureau

Possession of firearms and hunting by minors

Possession by minors less than 12 years old

Under current law, a minor who is under 12 years old may not possess a firearm unless he or she is carrying the firearm to or from a class under the hunter education program while accompanied by his or her parent or guardian or unless the minor is using the firearm during the class. Under current law, a minor who is 12 or 13 years old may not possess a firearm unless he or she is accompanied by his or her parent or guardian or is enrolled in a hunter education program and is either carrying the firearm to or from the class or is using it during the class. The bill eliminates the specific restrictions concerning firearm possession for minors under 12 years old so that the current restrictions that apply only to minors who are 12 or 13 years old will apply to any minor 13 years old or younger. The bill makes no changes in current law concerning hunting by minors under 12 years old.

Persons accompanying minors

Current law requires minors who are 12, 13, 14 or 15 years old to be accompanied by a parent or guardian under certain circumstances when hunting or possessing a firearm. This bill allows the parent or guardian to designate another person who is at least 18 years old to accompany the minor under these circumstances.

Small game hunting licenses for minors less than 16 years old

Under current law, a nonresident seeking to hunt small game in this state must be issued a nonresident small game hunting license and must pay a fee that is higher than the fee that a resident pays for a comparable license. Under current law, certain nonresidents who are either in the armed forces and stationed in this state or who are students attending school in this state may be issued a resident small game hunting license. Under this bill, a nonresident who is less than 16 years old may be issued a resident small game hunting license if he or she resides in a state that grants this benefit to Wisconsin residents.

Possession of firearms in schools

Under current law, a pupil in a public school must be suspended if the school district administrator, principal or teacher finds that the pupil possessed a firearm while at school or at a school function; and the school board must commence a proceeding to expel the pupil for not less than one year. This bill provides an exemption for pupils who possess firearms in order to participate in the hunter education program.

Hunter education program and certificates

Hunter education program and certificates

Under current law, any person born on or after January 1, 1993, may not be issued a hunting license unless the person is issued a certificate stating that he or she has completed a hunter education program. Under current law, the department of natural resources (DNR) may recognize hunter education certificates from other states for the purpose of issuing hunting licenses. DNR also recognizes hunter education certificates from other states and provinces for purposes of allowing 14-year-olds and 15-year-olds to hunt and possess firearms. This bill allows DNR to recognize certificates from other states, provinces and countries for both of these purposes.

Under current law, a holder of a hunter education certificate may use the certificate in place of special permit, such as a hunter's choice permit, to take one antlerless deer. The bill also allows the certificate to be used in place of a bonus deer hunting permit to take such a deer.

Under current law, the hunter education certificate may be used in lieu of a special permit only during the deer hunting season immediately following the date or which the certificate was issued. A certificate holder who is under 12 years old during that season is not able to use the certificate as a permit during that season because he or she must be 12 years old to hunt. Under the bill, the certificate may be used during the deer hunting season immediately following the date on which the certificate holder is first eligible to apply for a deer hunting license.

Seized and confiscated wild animals and other items

This bill makes various changes to current law that applies to wild animals, their carcasses and other personal property that come into the possession of DNR, that are seized by DNR or that are confiscated by the courts. These changes include:

1. Allowing DNR to retain and use unclaimed, seized or confiscated property, for DNR's educational hunting, fishing, trapping and other conservation programs.

2. Allowing DNR to sell seized or confiscated fish and game to certain businesses licensed by DNR, such as bait dealers, wholesale fish dealers, fur dealers and taxidermists. Under current law, DNR may only sell these items to restaurants.

The bill also establishes a procedure for DNR to dispose of unclaimed property that comes into DNR's possession. The procedure is similar to the procedure used by cities, villages, towns and counties under current law; and it specifies methods of disposal and authorizes DNR to dispose of unclaimed property after holding the property for 30 days.

Miscellaneous provisions

Under current law, proceeds received by DNR from the sales of pelts that are prepared during instruction under the trapper education program established by DNR are deposited in the conservation fund. Under this bill, these proceeds are specifically credited to an appropriation to provide funds for the trapper education program.

The bill also requires certain types of arrow tips be used on crossbows, depending on the type of game being hunted.

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:

AB851, s. 1 Section 1. 20.370 (1) (Lq) of the statutes is amended to read:

AB851,4,7 20.370 (1) (Lq) Trapper education program. As a continuing appropriation, all moneys remitted to the department under s. 29.597 (3), an amount equal to the amount calculated under s. 29.331 (3m), all moneys received from the sale of skins processed as part of the trapper education program under s. 29.597 and all moneys received from fees collected under s. 29.563 (12) (c) 3. for the trapper education program under s. 29.597.

AB851, s. 2 Section 2. 20.909 (1) of the statutes is amended to read:

AB851,5,6 20.909 (1) Lost or abandoned property. Except as provided in s. 170.12, any personal property lost or abandoned in any building or on any lands belonging to the state and unclaimed for a period of 60 days may be returned to the person finding the same or may be sold at private or public sale by the state agency having charge of the place where such personal property is found. All receipts from such sales, after deducting the necessary expenses of keeping such property and selling the same, shall be paid promptly into the state treasury and credited to the school fund. This subsection does not apply to personal property that is subject to s. 29.939.

AB851, s. 3 Section 3. 29.171 (4) (b) 5. of the statutes is amended to read:

AB851,5,9 29.171 (4) (b) 5. Shall be used with bolts or arrows of not less than 14 inches in length with a broadhead.

AB851, s. 4 Section 4. 29.171 (4) (b) 6. of the statutes is created to read:

AB851,5,12 29.171 (4) (b) 6. Shall be used with bolts or arrows that have broadhead tips when hunting bear or deer.

AB851, s. 5 Section 5. 29.171 (4) (b) 7. of the statutes is created to read:

AB851,5,15 29.171 (4) (b) 7. Shall be used with bolts or arrows that have broadhead tips or blunt tips when hunting game other than bear or deer.

AB851, s. 6 Section 6. 29.194 (4) of the statutes is created to read:

AB851,5,18 29.194 (4) Resident small game hunting licenses for nonresident minors. (a) In this subsection:

AB851,5,20 1. "Hunting license" means a license or permit that authorizes the hunting of small game with a firearm.

AB851,5,22 2. "Minor" means a person who is at least 12 years of age but less than 16 years of age.

AB851,5,24 (b) A small game hunting license shall be issued by the department to a person who resides in another state and who applies for this license if all of following apply:

AB851,5,25 1. The applicant is a minor.

AB851,6,4 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.

AB851, s. 7 Section 7. 29.304 (1) (title) of the statutes is amended to read:

AB851,6,6 29.304 (1) (title) Persons Hunting by persons under 12 years of age.

AB851, s. 8 Section 8. 29.304 (1) (b) of the statutes is repealed.

AB851, s. 9 Section 9. 29.304 (2) (a) (title) of the statutes is repealed.

AB851, s. 10 Section 10. 29.304 (2) (a) of the statutes is renumbered 29.304 (2) and amended to read:

AB851,6,14 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.

AB851, s. 11 Section 11. 29.304 (2) (b) (title) of the statutes is repealed.

AB851, s. 12 Section 12. 29.304 (2) (b) (intro.) of the statutes is renumbered 29.304 (3m) (intro.) and amended to read:

AB851,6,20 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:

AB851, s. 13 Section 13. 29.304 (2) (b) 1. of the statutes is renumbered 29.304 (3m) (a) and amended to read:

AB851,6,24 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

AB851, s. 14 Section 14. 29.304 (2) (b) 2. of the statutes is renumbered 29.304 (3m) (b).

AB851, s. 15 Section 15. 29.304 (3) (title) of the statutes is amended to read:

AB851,7,2 29.304 (3) (title) Persons 14 to 16 Hunting by persons 14 and 15 years of age.

AB851, s. 16 Section 16. 29.304 (3) (a) (title) of the statutes is repealed.

AB851, s. 17 Section 17. 29.304 (3) (a) (intro.) of the statutes is renumbered 29.304 (3) (intro.).

AB851, s. 18 Section 18. 29.304 (3) (a) 1. of the statutes is renumbered 29.304 (3) (a) and amended to read:

AB851,7,9 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

AB851, s. 19 Section 19. 29.304 (3) (a) 2. of the statutes is renumbered 29.304 (3) (b) amended to read:

AB851,7,16 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 under a reciprocity agreement.

AB851, s. 20 Section 20. 29.304 (3) (b) (title) of the statutes is repealed.

AB851, s. 21 Section 21. 29.304 (3) (b) (intro.) of the statutes is renumbered 29.304 (3r) (intro.).

AB851, s. 22 Section 22. 29.304 (3) (b) 1. of the statutes is renumbered 29.304 (3r) (a) and amended to read:

AB851,7,23 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.

AB851, s. 23 Section 23. 29.304 (3) (b) 2. of the statutes is renumbered 29.304 (3r) (b).

AB851, s. 24 Section 24. 29.304 (3) (b) 3. of the statutes is renumbered 29.304 (3r) (c) and amended to read:

AB851,8,6 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 under a reciprocity agreement.

AB851, s. 25 Section 25. 29.304 (3r) (title) of the statutes is created to read:

AB851,8,8 29.304 (3r) (title) Possession by persons 14 to 16 years of age.

AB851, s. 26 Section 26. 29.304 (5) of the statutes is amended to read:

AB851,8,13 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.

AB851, s. 27 Section 27. 29.541 (1) (a) (intro.) of the statutes is amended to read:

AB851,8,18 29.541 (1) (a) (intro.) No Except as provided in s. 29.934 (2) (b), 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:

AB851, s. 28 Section 28. 29.563 (11) (b) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB851,8,22 29.563 (11) (b) 1. Hunter education and firearm safety instruction fee: the fee as established by rule.

AB851, s. 29 Section 29. 29.563 (12) (c) 2. of the statutes is amended to read:

AB851,8,25 29.563 (12) (c) 2. Hunter education and firearm safety course certificate of accomplishment: $2.

AB851, s. 30 Section 30. 29.591 (4) (am) of the statutes is amended to read:

AB851,9,8 29.591 (4) (am) Authorization for antlerless deer. The department may authorize a person to whom it issues a certificate of accomplishment for successfully completing the course of instruction under the hunter education program under s. 29.591 for the first time to use the certificate in place of a permit issued under s. 29.177 or 29.181 to take one antlerless deer in specific areas identified by the department. The authorization for group deer hunting under s. 29.324 shall not apply to a person hunting an antlerless deer as authorized under this paragraph.

AB851, s. 31 Section 31. 29.591 (4) (ar) of the statutes is amended to read:

AB851,9,15 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.

AB851, s. 32 Section 32. 29.593 (2) of the statutes is amended to read:

AB851,9,21 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. for successfully completing the course of instruction the hunter education program

AB851, s. 33 Section 33. 29.597 (7) of the statutes is created to read:

AB851,9,25 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).