AB311: Bill Text Engrossed

AB311-engrossed,7,22 29.089 (1m) (a) Except as provided in par. (b), state parks shall be open to hunting, fishing, and trapping by persons who hold the appropriate approvals required under this chapter.

AB311-engrossed,7,24 (b) The department may prohibit hunting, fishing, or trapping in a state park or a portion of a state park if any of the following applies:

AB311-engrossed,8,2 1. The department prohibits hunting, fishing, or trapping in a designated use area.

AB311-engrossed,8,7 2. The natural resources board determines that prohibiting hunting, fishing, or trapping is necessary to protect public safety or to protect a unique animal or plant community. A determination to prohibit hunting, fishing, or trapping in a state park or a portion of a state park under this subdivision requires 4 or more members of the natural resources board to concur in that determination.

AB311-engrossed, s. 5bg Section 5bg. 29.089 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 35, is amended to read:

AB311-engrossed,8,13 29.089 (2) (intro.) Except as provided in sub. (3), no No person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

AB311-engrossed, s. 5br Section 5br. 29.089 (3) of the statutes is repealed.

AB311-engrossed, s. 5c Section 5c. 29.193 (2) (b) 1. of the statutes is amended to read:

AB311-engrossed,8,18 29.193 (2) (b) 1. The department shall, after investigation and without charging a fee, except for the costs of review in par. (c) 3. or (e), issue a Class A, Class B or, Class C, or Class D permit to any person, as provided in this subsection.

AB311-engrossed, s. 5e Section 5e. 29.193 (2) (b) 3. of the statutes is amended to read:

AB311-engrossed,8,23 29.193 (2) (b) 3. As part of the application for a Class A or, Class B, or Class D permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant's physical disability.

AB311-engrossed, s. 5g Section 5g. 29.193 (2) (c) 5. of the statutes is created to read:

AB311-engrossed,9,3 29.193 (2) (c) 5. The department shall issue a Class D permit to any person with an amputation, or permanent substantial loss of function, of one or both arms or one or both hands.

AB311-engrossed, s. 5h Section 5h. 29.193 (2) (cr) 2m. of the statutes is created to read:

AB311-engrossed,9,9 29.193 (2) (cr) 2m. a. In this subdivision, "open water" means any portion of a navigable water body that does not contain a naturally occurring growth of emergent vegetation that is rooted to the bottom and that is of sufficient height and density to conceal at least 50 percent of a person who is hunting waterfowl from a boat or from a waterfowl blind.

AB311-engrossed,9,13 b. A Class A permit authorizes the holder to hunt waterfowl from a boat or from a waterfowl blind in open water. The holder of the Class A permit may be accompanied by up to 2 persons who may hunt waterfowl with the Class A permit holder only if they hold the appropriate approvals.

AB311-engrossed, s. 5j Section 5j. 29.193 (2) (cr) 4. of the statutes is created to read:

AB311-engrossed,9,18 29.193 (2) (cr) 4. A person holding a current resident or nonresident deer hunting license and a Class D permit may hunt deer of either sex with a firearm only during a special season established by the department that is open for hunting deer with firearms by disabled persons who hold a permit under this section.

AB311-engrossed, s. 5m Section 5m. 29.193 (2) (d) 3. of the statutes is created to read:

AB311-engrossed,9,25 29.193 (2) (d) 3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm and may be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder and any other assistance authorized by the department by rule.

AB311-engrossed, s. 6 Section 6. 29.197 (3) of the statutes is amended to read:

AB311-engrossed,10,11 29.197 (3) Weekend event events. In addition to any special event or program sponsored under sub. (2), the department shall, by rule, for a designate 2 special event for one weekend weekends per year, during which it shall waive the requirement that persons be issued fishing licenses and pay the applicable fees in order to fish in the waters of this state. The department shall designate the 3rd full weekend in January as one of the special event weekends. The department shall, by rule, designate to which inland or outlying waters this waiver these waivers shall apply.

AB311-engrossed, s. 6m Section 6m. 29.236 of the statutes is created to read:

AB311-engrossed,10,20 29.236 Disabled veteran recreation card. (1) The department, subject to ss. 29.024 and 54.25 (2) (c) 1. d., shall issue a disabled veteran recreation card to any resident who produces evidence that shows that he or she is a veteran, as defined in 38 USC 101, and is receiving disability compensation benefits under 38 USC 1101 to 1163 for disabilities that result in a disability rating that is 50 percent or greater under 38 USC 1114 or 1134, or is receiving disability compensation benefits due to being individually unemployable under 38 CFR 4.16 as authorized under 38 USC 501.

AB311-engrossed,11,5 (2) A disabled veteran recreation card entitles the holder to exercise all of the combined rights and privileges conferred by a resident small game hunting license and a resident fishing license, subject to all duties, conditions, limitations, and restrictions of the licenses. A person may operate any motor vehicle, except a motor bus, as defined in s. 340.01 (31), subject to the admission requirements under s. 27.01 (7) in any vehicle admission area under s. 27.01 (7) without having an admission receipt affixed to the vehicle or otherwise displayed and without paying a fee if the vehicle has as an occupant a card holder who can present the card upon demand in the vehicle admission area. The card permits a card holder to enter Heritage Hill state park or a state trail without paying an admission fee.

AB311-engrossed,11,8 (3) Except as provided in this section, possession of a disabled veteran recreation card shall not entitle the holder to obtain any other privileges or services for free if the privileges or services may be obtained only through payment of a fee.

AB311-engrossed, s. 7 Section 7. 29.237 (1m) of the statutes is amended to read:

AB311-engrossed,11,12 29.237 (1m) Subject to s. 29.024 and any limit imposed under s. 29.192 (3), a sturgeon spearing license shall be issued by the department to any person applying for this license who is at least 14 12 years old.

AB311-engrossed, s. 8 Section 8. 29.563 (2) (intro.) of the statutes is amended to read:

AB311-engrossed,11,15 29.563 (2) Hunting approvals. (intro.) Except as provided in sub. (2m) and, (2r), and (6m), the fees for hunting approvals are as follows:

AB311-engrossed, s. 9 Section 9. 29.563 (3) (intro.) of the statutes, as affected by 2009 Wisconsin Act 364, is amended to read:

AB311-engrossed,11,19 29.563 (3) Fishing approvals. (intro.) Except as provided in subs. (3m) and, (3r), and (6m), the fees for fishing approvals are as follows:

AB311-engrossed, s. 9g Section 9g. 29.563 (4) (a) 3. of the statutes is created to read:

AB311-engrossed,11,22 29.563 (4) (a) 3. Disabled veteran recreation card: the fee as established by the department under par. (am).

AB311-engrossed, s. 9r Section 9r. 29.563 (4) (am) of the statutes is created to read:

AB311-engrossed,12,3 29.563 (4) (am) Fee for disabled veteran recreation card. The fee established by the department for a disabled veteran recreation card may not be more than the amount necessary to cover the administrative costs of issuing the card.

AB311-engrossed, s. 10 Section 10. 29.563 (6) (intro.) of the statutes is amended to read:

AB311-engrossed,12,7 29.563 (6) Approvals for trapping, fur dealers and taxidermists. (intro.) The Except as provided in sub. (6m), the fees for trapping, fur dealer, taxidermist and related approvals are as follows:

AB311-engrossed, s. 11 Section 11. 29.563 (6) (a) 1m. of the statutes is created to read:

AB311-engrossed,12,10 29.563 (6) (a) 1m. Trapping issued to persons who are under 16 years of age: $9.25.

AB311-engrossed, s. 12 Section 12. 29.563 (6m) of the statutes is created to read:

AB311-engrossed,12,17 29.563 (6m) Reduced fees for certain first-time approvals. (a) The fee for an approval that is listed under sub. (2) (a) 1., 2., 4. to 5g., or 7. to 9., (3) (a) 1., or (6) (a) 1. is $4.25 if the approval is issued to a person who has not received that type of approval, or has not been conferred the privileges of that type of approval under a license issued under s. 29.231 or 29.235, in any of the 10 years preceding the date of application.

AB311-engrossed,12,23 (b) The fee for an approval listed under sub. (2) (b) 1., 3., or 5. to 8., (3) (b) 1., or (6) (am) is one-half of the fee listed for the respective approval, rounded up to the nearest dollar, if the approval is issued to a person who has not received that type of approval by the department, or has not been conferred the privileges of that type of approval under a license issued under s. 29.231 or 29.235, in any of the 10 years preceding the date of application.

AB311-engrossed, s. 12g Section 12g. 29.563 (12) (c) 1m. of the statutes is created to read:

AB311-engrossed,12,25 29.563 (12) (c) 1m. Disabled veteran recreation: $2.

AB311-engrossed, s. 12m Section 12m. 29.563 (14) (c) 7. of the statutes is created to read:

AB311-engrossed,13,2 29.563 (14) (c) 7. There is no issuing fee for a disabled veteran recreation card.

AB311-engrossed, s. 12r Section 12r. 29.569 (4m) of the statutes is created to read:

AB311-engrossed,13,6 29.569 (4m) Disabled veteran recreation card. A disabled veteran recreation card is valid from the date of issuance and shall remain valid as long as the person is a resident.

AB311-engrossed, s. 13 Section 13. 29.591 (1) (am) of the statutes is created to read:

AB311-engrossed,13,9 29.591 (1) (am) The department shall offer an online course of instruction under the hunter education program for persons who are at least 18 years of age.

AB311-engrossed, s. 14 Section 14. 29.591 (2) of the statutes is renumbered 29.591 (2) (am) and amended to read:

AB311-engrossed,13,17 29.591 (2) (am) The department may appoint county, regional and statewide directors and categories of hunter education instructors necessary for the hunter education program and the bow hunter education program. These appointees are responsible to the department and shall serve on a voluntary basis without compensation. This paragraph does not apply to the online course of instruction under sub. (1) (am).

AB311-engrossed, s. 15 Section 15. 29.591 (2) (b) of the statutes is created to read:

AB311-engrossed,13,23 29.591 (2) (b) 1. If the online course of instruction under the hunter education program requires field testing for a person to demonstrate successful completion of the course, the department shall make field testing available through each department service center at least bimonthly for persons who are at least 18 years of age.

AB311-engrossed,14,2 2. If the online course of instruction under the hunter education program requires a written test for a person to demonstrate successful completion of the course, the department shall offer the test at each department service center at least bimonthly to persons who are at least 18 years of age.

AB311-engrossed, s. 16 Section 16. 29.597 (1) (a) of the statutes is amended to read:

AB311-engrossed,14,9 29.597 (1) (a) The department shall establish and supervise the administration of a trapper education program funded from the appropriations under s. 20.370 (1) (Lq) and (ma). The Except with respect to the online course of instruction under sub. (1m), the department shall enter into an agreement with an organization that has demonstrated ability and experience in the field of trapper education to assist in the establishment and administration of the program.

AB311-engrossed, s. 17 Section 17. 29.597 (1) (c) of the statutes is amended to read:

AB311-engrossed,14,14 29.597 (1) (c) The trapper education program shall use certified instructors when providing the instruction on techniques of trapping fur-bearing animals. The department shall establish criteria and standards for certifying these instructors. This paragraph does not apply to the online course of instruction under sub. (1m).

AB311-engrossed, s. 18 Section 18. 29.597 (1m) of the statutes is created to read:

AB311-engrossed,14,17 29.597 (1m) Online course of instruction. The department shall offer an online course of instruction under the trapper education program.

AB311-engrossed, s. 19 Section 19. 29.597 (2) (c) of the statutes is created to read:

AB311-engrossed,14,22 29.597 (2) (c) 1. If the online course of instruction under the trapper education program requires field testing for a person to demonstrate successful completion of the course, the department shall make field testing available through each department service center at least bimonthly.

AB311-engrossed,15,2 2. If the online course of instruction under the trapper education program requires a written test for a person to demonstrate successful completion of the course, the department shall offer the test at each department service center at least bimonthly.

AB311-engrossed, s. 20 Section 20. 29.597 (2) (d) of the statutes is created to read:

AB311-engrossed,15,5 29.597 (2) (d) Paragraphs (a) and (b) do not apply to the online course of instruction under the trapper education program.

AB311-engrossed, s. 21 Section 21. 120.13 (30) of the statutes is created to read:

AB311-engrossed,15,11 120.13 (30) Hunter education programs. May award 0.5 high school credit to a pupil who successfully completes while in the high school grades a course of instruction under the hunter education program or bow hunter education program under s. 29.591 or the trapper education program under s. 29.597. A school board may award credit to a pupil under this subsection for completion of only one program.

AB311-engrossed, s. 22 Section 22. Nonstatutory provisions.

AB311-engrossed,15,14 (1) Sporting heritage council; initial study requirements. Before June 30, 2014, the sporting heritage council shall study each of the following:

AB311-engrossed,15,17 (a) Options and recommendations for increasing access to land for hunting, trapping, and other types of outdoor recreation activities especially in all of the following areas of this state:

AB311-engrossed,15,18 1. Areas with a high population density.

AB311-engrossed,15,20 2. Areas with a percentage of land open for public hunting that is lower than the statewide average.

AB311-engrossed,15,22 (b) Options and recommendations for simplifying hunting and trapping rules promulgated by the department of natural resources.

AB311-engrossed,16,4 (2) Sporting heritage council; initial membership. Notwithstanding the length of terms specified for the appointed members of the sporting heritage council under section 15.347 (21) (b) of the statutes, as created by this act, 4 of the initial members shall be appointed for terms expiring on July 1, 2013, 4 of the initial members shall be appointed for terms expiring on July 1, 2014, 4 of the initial members shall be appointed for terms expiring on July 1, 2015, and 3 of the initial members shall be appointed for terms expiring on July 1, 2016.

AB311-engrossed, s. 23 Section 23. Initial applicability.

AB311-engrossed,16,10 (1) The treatment of section 120.13 (30) of the statutes first applies to courses of instruction taken in the hunter education program or bow hunter education program under section 29.591 of the statutes or the trapper education program under section 29.597 of the statutes during the first school year beginning after the effective date of this subsection.

AB311-engrossed, s. 24 Section 24. Effective dates. This act takes effect on the day after publication, except as follows:

AB311-engrossed,16,15 (1) Except as provided in subsection (2), the treatment of sections 29.084 and 29.563 (2) (intro.), (3) (intro.), (6) (intro.), and (6m) of the statutes takes effect on March 1, 2012.

AB311-engrossed,16,18 (2) If this subsection takes effect after October 31, 2011, the treatment of sections 29.084 and 29.563 (2) (intro.), (3) (intro.), (6) (intro.), and (6m) of the statutes takes effect on March 1, 2013.

AB311-engrossed,16,20 (3) The treatment of section 29.089 (title), (1), (1m), (2) (intro.), and (3) of the statutes takes effect on January 1, 2013.

AB311-engrossed,16,21 (End)