AB234: Bill Text

LRB-0729/1

RNK:kjf:md

2011 - 2012 LEGISLATURE

2011 Assembly BILL 234

August 30, 2011 - Introduced by Representatives Kleefisch, Stroebel, Knilans and Thiesfeldt. Referred to Committee on Natural Resources.

AB234,1,3 An Act to renumber and amend 29.038 (3); and to create 29.038 (3) (b) of the statutes; relating to: ordinances, regulations, resolutions, or other restrictions of local governmental units that restrict hunting with a bow and arrow.

Analysis by the Legislative Reference Bureau

Current statutes generally prohibit a local governmental unit from enacting any ordinance or adopting any regulation, resolution, or other restriction (local law) that regulates hunting, fishing, trapping, or management of wild animals except on land that the local governmental unit owns or leases or unless state law specifically authorizes the local governmental unit to enact or adopt such a local law. Current statutes also specify that a local governmental unit may enact or adopt a local law that has an incidental effect on hunting, fishing, or trapping, but only if the primary purpose is to further public health or safety.

This bill provides, with an exception, that a local governmental unit may not enact or enforce a local law that prohibits hunting with a bow and arrow within the jurisdiction of that local governmental unit. Under the exception provided in the bill, a local governmental unit may prohibit hunting with a bow and arrow within 150 yards of an occupied building.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB234, s. 1 Section 1. 29.038 (3) of the statutes is renumbered 29.038 (3) (a) and amended to read:

AB234,2,6 29.038 (3) (a) A Except as provided in par. (b), a local governmental unit may enact an ordinance or adopt a regulation, resolution or other restriction that has an incidental effect on hunting, fishing or trapping, but only if the primary purpose is to further public health or safety.

AB234, s. 2 Section 2. 29.038 (3) (b) of the statutes is created to read:

AB234,2,12 29.038 (3) (b) No local governmental unit may enact or enforce an ordinance or adopt or enforce a regulation, resolution, or other restriction that prohibits hunting with a bow and arrow within the jurisdiction of that local governmental unit except that a local governmental unit may prohibit hunting with a bow and arrow within 150 yards of an occupied building.

AB234,2,13 (End)