AB222: Bill Text

LRB-2120/3

RNK:bjk:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 222

April 21, 2009 - Introduced by Representatives Hraychuck, Gunderson, Milroy, Vruwink, LeMahieu, Mason, Danou, Vukmir, Sherman, Ballweg, Hebl, Bernard Schaber, M. Williams, Knodl, Pridemore, Soletski, Suder, A. Ott, Jorgensen, Huebsch, Spanbauer, Davis, Clark, Ripp, Vos, Zepnick, Petrowski, Meyer and Nerison, cosponsored by Senators Holperin, Wirch, Vinehout, Lehman, Decker, Carpenter, Kapanke, Grothman, Kedzie, Hopper, Schultz and Kreitlow. Referred to Committee on Fish and Wildlife.

AB222,1,9 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) (a), 29.304 (2) (b) 1., 29.304 (3) (a) 1., 29.304 (3) (b) 1., 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), 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 for possessing a firearm, restrictions on hunting and on possessing a firearm while hunting, 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 an individual 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 at least 12 years old, 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 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 or crossbow while hunting.

Other provisions

Under current law, a person who is 12 years of age or older may possess or control a firearm and may hunt with a firearm or bow and arrow on that person's land or on land owned by his or her family if no license is required and if the firing of firearms is permitted on that land. This bill allows such a person also to hunt with a crossbow on that land.

The bill also creates a new exception to the general 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.

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:

AB222, s. 1 Section 1. 29.063 (5) of the statutes is amended to read:

AB222,3,11 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, 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. A deer hunter exempted under this subsection who is under 12 years of age is subject to the restrictions specified under s. 29.592. 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.

AB222, s. 2 Section 2. 29.184 (6) (b) 1. of the statutes is amended to read:

AB222,3,15 29.184 (6) (b) 1. The applicant is at least 12 10 years old. If the applicant is under 12 years of age, the applicant is subject to the restrictions specified under s. 29.592.

AB222, s. 3 Section 3. 29.235 (1) of the statutes is amended to read:

AB222,4,2 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 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 who is not a resident, and who applies for the license. A conservation patron license issued to a person who is under 12 years of age is subject to the restrictions specified under s. 29.592.

AB222, s. 4 Section 4. 29.304 (1) (b) of the statutes is amended to read:

AB222,4,10 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.

AB222, s. 5 Section 5. 29.304 (2) (a) of the statutes is amended to read:

AB222,4,15 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.

AB222, s. 6 Section 6. 29.304 (2) (b) 1. of the statutes is amended to read:

AB222,4,18 29.304 (2) (b) 1. 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

AB222, s. 7 Section 7. 29.304 (3) (a) 1. of the statutes is amended to read:

AB222,4,21 29.304 (3) (a) 1. 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;

AB222, s. 8 Section 8. 29.304 (3) (b) 1. of the statutes is amended to read:

AB222,4,24 29.304 (3) (b) 1. 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;

AB222, s. 9 Section 9. 29.304 (4m) of the statutes is created to read:

AB222,5,4 29.304 (4m) Hunting mentorship program. The prohibition specified in sub. (1) (a) and the restrictions specified in subs. (1) (b) to (d), (2), and (3) do not apply to a person who is hunting with a mentor and who complies with the requirements specified under s. 29.592.

AB222, s. 10 Section 10. 29.304 (5) of the statutes is renumbered 29.304 (5) (a) and amended to read:

AB222,5,10 29.304 (5) (a) Notwithstanding subs. (1) to (3), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm or, bow and arrow, or crossbow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.

AB222, s. 11 Section 11. 29.304 (5) (b) of the statutes is created to read:

AB222,5,15 29.304 (5) (b) The restrictions on the possession and control of a firearm under sub. (1) do not apply to a person using a firearm in target practice if he or she is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.

AB222, s. 12 Section 12. 29.563 (2) (a) 4. of the statutes is amended to read:

AB222,5,18 29.563 (2) (a) 4. Small game issued to 12-year-olds to 17-year-olds persons who are under 18 years of age: $6.25.

AB222, s. 13 Section 13. 29.563 (2) (a) 5g. of the statutes is amended to read:

AB222,5,21 29.563 (2) (a) 5g. Deer issued to 12-year-olds to 17-year-olds persons who are under 18 years of age: $17.25.

AB222, s. 14 Section 14. 29.563 (2) (a) 8m. of the statutes is amended to read:

AB222,5,24 29.563 (2) (a) 8m. Archer issued to 12-year-olds to 17-year olds persons who are under 18 years of age: $17.25.