SB529: Bill Text

LRB-4165/1

RNK:bjk:rs

2007 - 2008 LEGISLATURE

2007 Senate BILL 529

February 25, 2008 - Introduced by Senators Wirch, Breske, S. Fitzgerald and Decker, cosponsored by Representatives Gunderson, Hraychuck, Suder and Garthwaite. Referred to Committee on Transportation and Tourism.

SB529,2,2 An Act to renumber and amend 29.304 (5); to amend 29.063 (5), 29.184 (6) (b) 1., 29.235 (1), 29.304 (1) (b), 29.304 (2) (title), 29.304 (2) (a), 29.304 (2) (b) (intro.), 29.304 (2) (b) 1., 29.304 (2) (b) 2., 29.304 (3) (title), 29.304 (3) (a) (intro.), 29.304 (3) (a) 1., 29.304 (3) (a) 2., 29.304 (3) (b) (intro.), 29.304 (3) (b) 1., 29.304 (3) (b) 2., 29.304 (3) (b) 3., 29.563 (2) (a) 4., 29.563 (2) (a) 5g., 29.563 (2) (a) 8m., 29.563 (2m), 29.563 (4) (a) 1m., 29.563 (4) (a) 2m., 29.563 (4) (b) 1m., 29.563 (4) (b) 2m., 29.593 (1) (a), 29.593 (4) (b), 29.593 (4) (c), 169.20 (1) (a), 169.20 (2) (a) and 169.33 (2) (d); and to create 29.304 (4m), 29.304 (5) (b) and 29.592 of the statutes; relating to: the minimum age for hunting and possessing a firearm, age specific restrictions for hunting and on possessing a firearm while hunting, requirements for obtaining a hunting certificate of accomplishment, establishing a hunting mentorship program, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes various changes to the laws relating to restrictions on hunting and firearm possession and establishes a hunting mentorship program.

Accompaniment by parent or guardian

Under current law, a person who is the minimum hunting age but under the age of 16 may hunt or have a firearm in his or her possession or control if the person is accompanied by a parent or guardian and if he or she meets certain other requirements. This bill specifies that such a person may also hunt or have a firearm in his or her possession or control if the person is accompanied by a person who is at least 18 years old and who has been designated by the person's parent or guardian.

Mentorship program

Current law requires, with certain exceptions, that every person who obtains a hunting approval must have a certificate of accomplishment issued by the Department of Natural Resources (DNR) indicating that he or she has successfully completed the hunter education program or bow hunter education program established by DNR. Current law also generally prohibits hunting and firearm possession by any person under the age of 12. For persons who are older than 12 but under the age of 16, current law allows hunting and firearm possession but imposes certain restrictions that vary depending on the person's age.

This bill creates a new exception to the general requirement that a person obtain a certificate of accomplishment in order to obtain a hunting approval. The bill also lowers the minimum hunting age from 12 years of age to ten years of age for persons who hunt under the hunting mentorship program established in this bill. The bill authorizes a person who is at least ten years of age to hunt without obtaining a certificate of accomplishment and to possess or control a firearm while hunting if the person has a valid hunting approval, if the hunting activity generally requires an approval, and is hunting with a qualified mentor.

Under the hunting mentorship program, to qualify as a mentor, a person must be 18 years of age or older and be the parent or guardian of the person for whom he or she is serving as a mentor or be authorized by the parent or guardian to serve as the mentor. The bill provides that at all times when serving as a mentor, the mentor must be within arm's reach of the person for whom he or she is serving as a mentor, must have a current valid hunting approval, and must have obtained a certificate of accomplishment or be exempt from the requirement to obtain a certificate of accomplishment. The bill provides that a mentor may take only one person hunting at a time and specifies that a mentor and a person who is hunting with the mentor may jointly have only one firearm, bow, or crossbow while hunting. The bill authorizes DNR to promulgate rules lowering the minimum age for hunting with a mentor if DNR determines that hunting by persons younger than ten years of age does not present a safety risk. The bill provides that DNR may make this determination only after considering existing studies and data on the safety risk of hunting and firearm possession by persons who are under ten years of age.

Target practice

The bill also creates a new exception to the restrictions that apply to firearm possession by persons who are under a specified age. The bill provides that those age restrictions do not apply to a person who uses a firearm in target practice if the person is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.

Proof of compliance

Under current law, an applicant for a hunting approval may show compliance with the hunter education requirement by presenting his or her certificate of accomplishment when submitting an application for a hunting approval. Alternatively, the person may prove compliance by presenting an approval authorizing hunting that was issued to him or her within 365 days before submitting the application or that was issued to him or her for a hunting season that ended within 365 days before submitting the application. This bill requires that when presenting a previously issued hunting approval as proof of compliance, the approval must contain the applicant's hunter education certificate number.

For further information see the state 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:

SB529, s. 1 Section 1. 29.063 (5) of the statutes is amended to read:

SB529,4,2 29.063 (5) The department may exempt deer hunters from obtaining a license under this chapter for the hunting of deer in an area that the department has designated by rule as a chronic wasting disease control zone. Deer hunters that are exempted under this subsection shall be at least 12 10 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, except that a person born on or after January 1, 1973, may not hunt deer under this subsection unless he or she complies with ss. 29.304 and 29.593. The department shall by rule establish eligibility criteria and application procedures for receipt of an exemption under this subsection, including a method for obtaining a permit to hunt deer without a license under this subsection.

SB529, s. 2 Section 2. 29.184 (6) (b) 1. of the statutes is amended to read:

SB529,4,5 29.184 (6) (b) 1. The applicant is at least 12 10 years old, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower.

SB529, s. 3 Section 3. 29.235 (1) of the statutes is amended to read:

SB529,4,13 29.235 (1) Issuance. A resident conservation patron license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident 12 10 years old or older, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, and who applies for the license. A nonresident conservation patron license shall be issued subject to s. 29.024 by the department to any person 12 10 years old or older, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, who is not a resident, and who applies for the license.

SB529, s. 4 Section 4. 29.304 (1) (b) of the statutes is amended to read:

SB529,4,21 29.304 (1) (b) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in the course of instruction under the hunter education program and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of 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 is handling or operating the firearm during that class under the supervision of an instructor.

SB529, s. 5 Section 5. 29.304 (2) (title) of the statutes is amended to read:

SB529,4,23 29.304 (2) (title) Persons 12 to 14 and 13 years of age.

SB529, s. 6 Section 6. 29.304 (2) (a) of the statutes is amended to read:

SB529,5,4 29.304 (2) (a) Restrictions on hunting. 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.

SB529, s. 7 Section 7. 29.304 (2) (b) (intro.) of the statutes is amended to read:

SB529,5,8 29.304 (2) (b) Restrictions on possession or control of a firearm. (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 any of the following apply:

SB529, s. 8 Section 8. 29.304 (2) (b) 1. of the statutes is amended to read:

SB529,5,12 29.304 (2) (b) 1. Is 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; or.

SB529, s. 9 Section 9. 29.304 (2) (b) 2. of the statutes is amended to read:

SB529,5,17 29.304 (2) (b) 2. Is He or she is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.

SB529, s. 10 Section 10. 29.304 (3) (title) of the statutes is amended to read:

SB529,5,19 29.304 (3) (title) Persons 14 to 16 and 15 years of age.

SB529, s. 11 Section 11. 29.304 (3) (a) (intro.) of the statutes is amended to read:

SB529,5,22 29.304 (3) (a) Restrictions on hunting. (intro.) No person 14 years of age or older but under 16 years of age may hunt unless he or she any of the following apply:

SB529, s. 12 Section 12. 29.304 (3) (a) 1. of the statutes is amended to read:

SB529,6,3 29.304 (3) (a) 1. Is 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; or.

SB529, s. 13 Section 13. 29.304 (3) (a) 2. of the statutes is amended to read:

SB529,6,9 29.304 (3) (a) 2. Is He or she 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, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.

SB529, s. 14 Section 14. 29.304 (3) (b) (intro.) of the statutes is amended to read:

SB529,6,13 29.304 (3) (b) Restrictions on possession or control of a firearm. (intro.) No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she any of the following apply: