AB228: Bill Text

LRB-1719/1

MGG:wlj:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 228

April 5, 2007 - Introduced by Representatives Gunderson, Bies, Albers, Ballweg, Hraychuck, LeMahieu, Lothian, Musser, A. Ott, Petrowski, Sheridan, Vruwink and M. Williams, cosponsored by Senators Decker, Grothman, Kedzie, Miller and Schultz. Referred to Committee on Natural Resources.

AB228,1,6 An Act to repeal 29.184 (1) (b) and 29.184 (6m) (title); to renumber and amend 29.184 (6m) (a), 29.184 (6m) (b), 29.184 (6m) (c) and 29.184 (6m) (d); to consolidate, renumber and amend 29.184 (1) (intro.) and (a); to amend 29.024 (2) (d) and 29.180 (title); and to create 29.179 (title) and (1), 29.179 (3) (title), 29.179 (4) (title) and 29.179 (5) of the statutes; relating to: the transfer of certain fish and game licenses and permits to minors.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) issues certain licenses and permits, including otter and fisher trapping permits, bonus deer hunting permits, Canada goose hunting permits, Class A bear licenses, wild turkey hunting licenses, and elk hunting licenses, based on a random or preference selection system. The preference selection system for a wild turkey hunting license, for example, provides that resident landowners are in the first preference category, residents who applied in a previous season are in the second preference category, all other residents are in the third preference category, qualified nonresident landowners are in the fourth preference category, and all other nonresidents are in the fifth preference category.

Under current law, a person may transfer a Class A bear license to a minor. This bill expands this provision to allow a person who has been issued a license or permit under a random or preference selection system to transfer the approval to a minor who is eligible to use the approval and who has not previously been transferred that type of approval.

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:

AB228, s. 1 Section 1. 29.024 (2) (d) of the statutes is amended to read:

AB228,2,4 29.024 (2) (d) Except as provided under s. 29.179, 29.180, 29.182 (4), 29.184 (6m), or 29.519 (2) (d) or by rule, no person may transfer his or her approval or permit the use of any approval by any other person.

AB228, s. 2 Section 2. 29.179 (title) and (1) of the statutes are created to read:

AB228,2,7 29.179 (title) Transfer of approvals to minors. (1) Definitions. In this section:

AB228,2,9 (a) "Approval" means any of the following that the department issues to a resident or a nonresident under a random or preference selection system:

AB228,2,10 1. A hunter's choice deer hunting permit.

AB228,2,11 2. A bonus deer hunting permit.

AB228,2,12 3. A bobcat hunting and trapping permit.

AB228,2,13 4. An otter trapping permit.

AB228,2,14 5. A fisher trapping permit.

AB228,2,15 6. A Canada goose hunting permit.

AB228,2,16 7. A wild turkey hunting license.

AB228,2,17 8. A sharp-tailed grouse hunting permit.

AB228,2,18 9. A Class A bear license.

AB228,2,19 10. An elk hunting license.

AB228,2,20 11. A sturgeon spearing license.

AB228,3,1 (b) "Minor" means a person who is under 18 years of age.

AB228, s. 3 Section 3. 29.179 (3) (title) of the statutes is created to read:

AB228,3,3 29.179 (3) (title) Payment of fee.

AB228, s. 4 Section 4. 29.179 (4) (title) of the statutes is created to read:

AB228,3,5 29.179 (4) (title) Retention of preference points.

AB228, s. 5 Section 5. 29.179 (5) of the statutes is created to read:

AB228,3,8 29.179 (5) Applicability. This section does not apply to transfers of approvals to minors that are subject to s. 29.180 (3).

AB228, s. 6 Section 6. 29.180 (title) of the statutes is amended to read:

AB228,3,10 29.180 (title) Transfers of approvals upon death.

AB228, s. 7 Section 7. 29.184 (1) (intro.) and (a) of the statutes are consolidated, renumbered 29.184 (1) and amended to read:

AB228,3,16 29.184 (1) Definitions Definition. (intro.) In this section : (a) Notwithstanding, notwithstanding s. 29.001 (42), "hunt bear" means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.

AB228, s. 8 Section 8. 29.184 (1) (b) of the statutes is repealed.

AB228, s. 9 Section 9. 29.184 (6m) (title) of the statutes is repealed.

AB228, s. 10 Section 10. 29.184 (6m) (a) of the statutes is renumbered 29.179 (2) and amended to read:

AB228,4,3 29.179 (2) Application. Upon application by a holder of a Class A bear license an approval to transfer the license approval to a minor, and upon the payment of any fee required under par. (b) sub. (3), the department shall transfer the license approval to the minor if the application is made no later than the August 1st immediately preceding the applicable open season for the hunting of bear to which the license applies and if the minor has not been previously transferred a license that type of approval under this subsection section and if the minor is otherwise eligible to use the approval.

AB228, s. 11 Section 11. 29.184 (6m) (b) of the statutes is renumbered 29.179 (3) (a) and amended to read:

AB228,4,10 29.179 (3) (a) If the holder of a Class A bear license an approval is a resident and the holder applies to transfer the license approval to a nonresident and if there is a fee for the issuance of the approval, the holder shall pay, at the time of application, the any difference between the fee for a Class A license issuing the approval to a resident and the fee for a Class A license the approval to a nonresident.

AB228, s. 12 Section 12. 29.184 (6m) (c) of the statutes is renumbered 29.179 (3) (b) and amended to read:

AB228,4,15 29.179 (3) (b) A holder of a Class A bear license an approval being transferred under this section may not receive any consideration for the transfer of the license approval.

AB228, s. 13 Section 13. 29.184 (6m) (d) of the statutes is renumbered 29.179 (4) and amended to read:

AB228,4,21 29.179 (4) Notwithstanding sub. ss. 29.164 (3) (cr), 29.177 (5) (b), 29.184 (6) (b), 29.192 (4) a minor who is transferred a Class A bear license an approval under this subsection section shall retain all preference points that he or she has previously accumulated for that type of approval.

AB228,4,22 (End)