AB737: Bill Text

LRB-2927/2

RNK:kjf:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 737

February 11, 2010 - Introduced by Representatives Smith, Suder, Turner, Danou, Berceau, Hebl, Van Roy, Townsend, Kaufert, Bies, Ripp, Petrowski and A. Williams, cosponsored by Senator Holperin. Referred to Committee on Fish and Wildlife.

AB737,2,3 An Act to renumber 29.207 and 29.213; to renumber and amend 29.161, 29.164 (2) (b), 29.184 (1), 29.184 (3) (bg) and 29.204; to amend 29.161 (title), 29.179 (1) (a) 7., 29.179 (1) (a) 9., 29.180 (1) (a) 7., 29.180 (1) (a) 9., 29.184 (3) (bg) (title), 29.194 (1) (a), 29.194 (3), 29.204 (title), 29.231 (2), 29.231 (3), 29.235 (2) (a), 29.235 (2) (c), 29.235 (2m) (a), 29.235 (2m) (c), 29.553 (1) (f), 29.553 (1) (h), 29.563 (2) (a) 1., 29.563 (2) (a) 2., 29.563 (2) (a) 3., 29.563 (2) (a) 4., 29.563 (2) (a) 9., 29.563 (2) (b) 1., 29.563 (2) (b) 8., 29.563 (12) (a) 3., 29.563 (14) (a) 1., 29.591 (4) (a) 2. and 29.624 (1); and to create 29.001 (7), 29.024 (1m), 29.161 (2), 29.162, 29.164 (1) (e), 29.164 (2) (b) 2., 29.179 (1) (a) 7m., 29.179 (1) (a) 9m., 29.180 (1) (a) 7m., 29.180 (1) (a) 9m., 29.184 (1) (a), 29.184 (3) (bg) 2., 29.184 (10), 29.204 (2), 29.207 (2), 29.213 (2), 29.553 (1) (fm), 29.553 (1) (hg), 29.563 (2) (a) 1g., 29.563 (2) (a) 1r., 29.563 (2) (a) 6m., 29.563 (2) (a) 10., 29.563 (2) (b) 1m., 29.563 (2) (b) 4m., 29.563 (2) (b) 9., 29.971 (3r) and 169.09 (1r) of the statutes; relating to: weapons authorized for use under certain hunting approvals, prohibiting certain persons from obtaining or using hunting approvals, authorizing issuance of archery hunting approvals and nonfirearm hunting approvals for hunting certain animals, and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits certain persons from possessing a firearm. A felon is prohibited from possessing a firearm subsequent to conviction and certain persons adjudicated delinquent may not possess a firearm subsequent to adjudication. A person found not guilty of a felony by reason of mental defect is prohibited from possessing a firearm subsequent to the not guilty finding. Current law also prohibits certain persons ordered not to possess a firearm, such as those committed for treatment for a mental illness, from possessing a firearm while subject to that order. A person who is enjoined from committing acts of domestic abuse or who is enjoined from coming into contact with a child is prohibited from possessing a firearm while the injunction is in effect. Finally, a person who is subject to an order that prohibits the person from engaging in harassing behavior and from possessing a firearm, is prohibited from possessing a firearm while the order is in effect.

This bill prohibits a person who, under current law, is prohibited from possessing a firearm from obtaining or using a license, permit, or other approval (approval) issued by the Department of Natural Resources (DNR) if the approval authorizes hunting with a firearm. The bill provides that a person who violates this prohibition is subject to a forfeiture of not less than $500 nor more than $1,000. In addition, the court must revoke all hunting approvals issued to that person by DNR and prohibit that person from holding such an approval for a period of five years.

Under current law, the statutes for some of the hunting licenses issued by DNR specify whether firearms, bows and arrows, or crossbows may be used for hunting under those licenses. For other licenses, the allowable weapon is specified in the administrative code. This bill clarifies in the statutes which weapons may be used under the authority of existing hunting licenses. The bill changes the name of a small game hunting license to a small game hunting general license, changes the name of a wild turkey hunting license to a wild turkey hunting general license, and changes the name of a Class A bear license to a Class A bear general license. The bill also creates three new licenses. The bill creates a small game hunting nonfirearm license, a wild turkey hunting archery license, and a Class A bear archery license. All three of these new licenses authorize hunting with a bow and arrow or with a crossbow if the holder has a permit that authorizes the holder to use a crossbow or if the holder is a resident senior citizen. The small game hunting nonfirearm license also allows the holder to hunt with an airgun.

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:

AB737, s. 1 Section 1. 29.001 (7) of the statutes is created to read:

AB737,3,3 29.001 (7) "Airgun" means a weapon that expels a projectile by the expansion of compressed air or other gas and not by the use of gunpowder.

AB737, s. 2 Section 2. 29.024 (1m) of the statutes is created to read:

AB737,3,10 29.024 (1m) Persons prohibited from obtaining or using certain approvals. No person may obtain or use an approval issued under this chapter that authorizes hunting with a firearm if the person is prohibited from possessing a firearm under s. 941.29 (1). The department shall provide each person who applies for an approval under this chapter that authorizes hunting with a firearm with a notice of the prohibition under this subsection.

AB737, s. 3 Section 3. 29.161 (title) of the statutes is amended to read:

AB737,3,12 29.161 (title) Resident small game hunting general license.

AB737, s. 4 Section 4. 29.161 of the statutes is renumbered 29.161 (1) and amended to read:

AB737,3,18 29.161 (1) A resident small game hunting general license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying for this license. The resident small game hunting general license does not authorize the hunting of bear, deer, elk, or wild turkey.

AB737, s. 5 Section 5. 29.161 (2) of the statutes is created to read:

AB737,4,3 29.161 (2) A resident small game hunting general license authorizes hunting with a firearm, airgun, or bow and arrow or with a crossbow if the holder of the license has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow, has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.

AB737, s. 6 Section 6. 29.162 of the statutes is created to read:

AB737,4,9 29.162 Small game hunting nonfirearm license. (1) Issuance. A small game hunting nonfirearm license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any person applying for this license. A small game hunting nonfirearm license does not authorize the hunting of bear, deer, elk, or wild turkey or, if the person is a nonresident, fur-bearing animals.

AB737,4,14 (2) Authorization. A small game hunting nonfirearm license authorizes a resident or nonresident holder of the license to hunt small game with an airgun, bow and arrow, or with a crossbow if the holder of the license has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.

AB737, s. 7 Section 7. 29.164 (1) (e) of the statutes is created to read:

AB737,4,17 29.164 (1) (e) "Wild turkey hunting license" means a wild turkey hunting general license or a wild turkey hunting archery license.

AB737, s. 8 Section 8. 29.164 (2) (b) of the statutes is renumbered 29.164 (2) (b) 1. and amended to read:

AB737,4,25 29.164 (2) (b) 1. A wild turkey hunting general license issued under this section authorizes hunting a resident or nonresident holder of the license to hunt wild turkey with a firearm or bow and arrow or with a crossbow if the holder of the license is a resident and has a Class A, Class B or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.

AB737, s. 9 Section 9. 29.164 (2) (b) 2. of the statutes is created to read:

AB737,5,7 29.164 (2) (b) 2. A wild turkey hunting archery license issued under this section authorizes a resident or nonresident holder of the license to hunt wild turkey with a bow and arrow or with a crossbow if the holder of the license has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.

AB737, s. 10 Section 10. 29.179 (1) (a) 7. of the statutes is amended to read:

AB737,5,9 29.179 (1) (a) 7. A wild turkey hunting general license.

AB737, s. 11 Section 11. 29.179 (1) (a) 7m. of the statutes is created to read:

AB737,5,11 29.179 (1) (a) 7m. A wild turkey hunting archery license.

AB737, s. 12 Section 12. 29.179 (1) (a) 9. of the statutes is amended to read:

AB737,5,13 29.179 (1) (a) 9. A Class A bear general license.

AB737, s. 13 Section 13. 29.179 (1) (a) 9m. of the statutes is created to read:

AB737,5,15 29.179 (1) (a) 9m. A Class A bear archery license.

AB737, s. 14 Section 14. 29.180 (1) (a) 7. of the statutes is amended to read:

AB737,5,17 29.180 (1) (a) 7. Wild turkey hunting general license.

AB737, s. 15 Section 15. 29.180 (1) (a) 7m. of the statutes is created to read:

AB737,5,19 29.180 (1) (a) 7m. Wild turkey hunting archery license.

AB737, s. 16 Section 16. 29.180 (1) (a) 9. of the statutes is amended to read:

AB737,5,21 29.180 (1) (a) 9. Class A bear general license.

AB737, s. 17 Section 17. 29.180 (1) (a) 9m. of the statutes is created to read:

AB737,5,23 29.180 (1) (a) 9m. Class A bear archery license.

AB737, s. 18 Section 18. 29.184 (1) of the statutes is renumbered 29.184 (1) (intro.) and amended to read: