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
1An Act to renumber 29.207 and 29.213;
to renumber and amend 29.161,
229.164 (2) (b), 29.184 (1), 29.184 (3) (bg) and 29.204;
to amend 29.161 (title),
329.179 (1) (a) 7., 29.179 (1) (a) 9., 29.180 (1) (a) 7., 29.180 (1) (a) 9., 29.184 (3)
4(bg) (title), 29.194 (1) (a), 29.194 (3), 29.204 (title), 29.231 (2), 29.231 (3), 29.235
5(2) (a), 29.235 (2) (c), 29.235 (2m) (a), 29.235 (2m) (c), 29.553 (1) (f), 29.553 (1)
6(h), 29.563 (2) (a) 1., 29.563 (2) (a) 2., 29.563 (2) (a) 3., 29.563 (2) (a) 4., 29.563
7(2) (a) 9., 29.563 (2) (b) 1., 29.563 (2) (b) 8., 29.563 (12) (a) 3., 29.563 (14) (a) 1.,
829.591 (4) (a) 2. and 29.624 (1); and
to create 29.001 (7), 29.024 (1m), 29.161
9(2), 29.162, 29.164 (1) (e), 29.164 (2) (b) 2., 29.179 (1) (a) 7m., 29.179 (1) (a) 9m.,
1029.180 (1) (a) 7m., 29.180 (1) (a) 9m., 29.184 (1) (a), 29.184 (3) (bg) 2., 29.184 (10),
1129.204 (2), 29.207 (2), 29.213 (2), 29.553 (1) (fm), 29.553 (1) (hg), 29.563 (2) (a)
121g., 29.563 (2) (a) 1r., 29.563 (2) (a) 6m., 29.563 (2) (a) 10., 29.563 (2) (b) 1m.,
1329.563 (2) (b) 4m., 29.563 (2) (b) 9., 29.971 (3r) and 169.09 (1r) of the statutes;
14relating to: weapons authorized for use under certain hunting approvals,
1prohibiting certain persons from obtaining or using hunting approvals,
2authorizing issuance of archery hunting approvals and nonfirearm hunting
3approvals 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
1Section
1. 29.001 (7) of the statutes is created to read:
AB737,3,32
29.001
(7) "Airgun" means a weapon that expels a projectile by the expansion
3of compressed air or other gas and not by the use of gunpowder.
AB737, s. 2
4Section
2. 29.024 (1m) of the statutes is created to read:
AB737,3,105
29.024
(1m) Persons prohibited from obtaining or using certain approvals.
6No person may obtain or use an approval issued under this chapter that authorizes
7hunting with a firearm if the person is prohibited from possessing a firearm under
8s. 941.29 (1). The department shall provide each person who applies for an approval
9under this chapter that authorizes hunting with a firearm with a notice of the
10prohibition under this subsection.
AB737, s. 3
11Section
3. 29.161 (title) of the statutes is amended to read:
AB737,3,12
1229.161 (title)
Resident small game hunting
general license.
AB737, s. 4
13Section
4. 29.161 of the statutes is renumbered 29.161 (1) and amended to
14read:
AB737,3,1815
29.161
(1) A resident small game hunting
general license shall be issued
16subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident applying
17for this license. The resident small game hunting
general license does not authorize
18the hunting of bear, deer, elk, or wild turkey.
AB737, s. 5
19Section
5. 29.161 (2) of the statutes is created to read:
AB737,4,320
29.161
(2) A resident small game hunting general license authorizes hunting
21with a firearm, airgun, or bow and arrow or with a crossbow if the holder of the license
1has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes
2hunting with a crossbow, has a crossbow permit issued under s. 29.171 (4) (a), or is
3a resident senior citizen.
AB737, s. 6
4Section
6. 29.162 of the statutes is created to read:
AB737,4,9
529.162 Small game hunting nonfirearm license. (1) Issuance. A small
6game hunting nonfirearm license shall be issued subject to ss. 29.024 and 54.25 (2)
7(c) 1. d. by the department to any person applying for this license. A small game
8hunting nonfirearm license does not authorize the hunting of bear, deer, elk, or wild
9turkey or, if the person is a nonresident, fur-bearing animals.
AB737,4,14
10(2) Authorization. A small game hunting nonfirearm license authorizes a
11resident or nonresident holder of the license to hunt small game with an airgun, bow
12and arrow, or with a crossbow if the holder of the license has a Class A, Class B, or
13Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow
14or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident senior citizen.
AB737, s. 7
15Section
7. 29.164 (1) (e) of the statutes is created to read:
AB737,4,1716
29.164
(1) (e) "Wild turkey hunting license" means a wild turkey hunting
17general license or a wild turkey hunting archery license.
AB737, s. 8
18Section
8. 29.164 (2) (b) of the statutes is renumbered 29.164 (2) (b) 1. and
19amended to read:
AB737,4,2520
29.164
(2) (b) 1. A
wild turkey hunting general license issued under this section
21authorizes
hunting a resident or nonresident holder of the license to hunt wild turkey 22with a firearm or bow and arrow or with a crossbow if the holder of the license
is a
23resident and has a Class A, Class B or Class C permit issued under s. 29.193 (2) that
24authorizes hunting with a crossbow or has a crossbow permit issued under s. 29.171
25(4) (a), or is a resident senior citizen.
AB737, s. 9
1Section
9. 29.164 (2) (b) 2. of the statutes is created to read:
AB737,5,72
29.164
(2) (b) 2. A wild turkey hunting archery license issued under this section
3authorizes a resident or nonresident holder of the license to hunt wild turkey with
4a bow and arrow or with a crossbow if the holder of the license has a Class A, Class
5B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a
6crossbow or has a crossbow permit issued under s. 29.171 (4) (a), or is a resident
7senior citizen.
AB737, s. 10
8Section
10. 29.179 (1) (a) 7. of the statutes is amended to read:
AB737,5,99
29.179
(1) (a) 7. A wild turkey hunting
general license.
AB737, s. 11
10Section
11. 29.179 (1) (a) 7m. of the statutes is created to read:
AB737,5,1111
29.179
(1) (a) 7m. A wild turkey hunting archery license.
AB737, s. 12
12Section
12. 29.179 (1) (a) 9. of the statutes is amended to read:
AB737,5,1313
29.179
(1) (a) 9. A Class A bear
general license.
AB737, s. 13
14Section
13. 29.179 (1) (a) 9m. of the statutes is created to read:
AB737,5,1515
29.179
(1) (a) 9m. A Class A bear archery license.
AB737, s. 14
16Section
14. 29.180 (1) (a) 7. of the statutes is amended to read:
AB737,5,1717
29.180
(1) (a) 7. Wild turkey hunting
general license.
AB737, s. 15
18Section
15. 29.180 (1) (a) 7m. of the statutes is created to read:
AB737,5,1919
29.180
(1) (a) 7m. Wild turkey hunting archery license.
AB737, s. 16
20Section
16. 29.180 (1) (a) 9. of the statutes is amended to read:
AB737,5,2121
29.180
(1) (a) 9. Class A bear
general license.
AB737, s. 17
22Section
17. 29.180 (1) (a) 9m. of the statutes is created to read:
AB737,5,2323
29.180
(1) (a) 9m. Class A bear archery license.
AB737, s. 18
24Section
18. 29.184 (1) of the statutes is renumbered 29.184 (1) (intro.) and
25amended to read:
AB737,6,1
129.184
(1) Definition Definitions. (intro.) In this section
, notwithstanding:
AB737,6,4
2(b) Notwithstanding s. 29.001 (42), "hunt bear" means to shoot, shoot at, take,
3catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose
4of shooting, shooting at, taking, catching, or killing the bear.
AB737, s. 19
5Section
19. 29.184 (1) (a) of the statutes is created to read:
AB737,6,76
29.184
(1) (a) "Class A bear license" means a Class A bear general license or
7a Class A bear archery license issued under this section.
AB737, s. 20
8Section
20. 29.184 (3) (bg) (title) of the statutes is amended to read:
AB737,6,99
29.184
(3) (bg) (title)
Authorization; Class A bear license licenses
.
AB737, s. 21
10Section
21. 29.184 (3) (bg) of the statutes is renumbered 29.184 (3) (bg) 1. and
11amended to read:
AB737,6,1712
29.184
(3) (bg) 1. A Class A bear
general license authorizes a resident or
13nonresident holder of the license to hunt bear
with a firearm or bow and arrow or
14with a crossbow if the holder of the license has a Class A, Class B, or Class C permit
15issued under s. 29.193 (2) that authorizes hunting with a crossbow or has a crossbow
16permit issued under s. 29.171 (4) (a), or is a resident senior citizen, and to exercise
17all of the privileges of a Class B bear license.
AB737, s. 22
18Section
22. 29.184 (3) (bg) 2. of the statutes is created to read:
AB737,6,2419
29.184
(3) (bg) 2. A Class A bear archery license authorizes a resident or
20nonresident holder of the license to hunt bear with a bow and arrow or with a
21crossbow if the holder of the license has a Class A, Class B, or Class C permit issued
22under s. 29.193 (2) that authorizes hunting with a crossbow or has a crossbow permit
23issued under s. 29.171 (4) (a), or is a resident senior citizen, and to exercise all of the
24privileges of a Class B bear license.
AB737, s. 23
25Section
23. 29.184 (10) of the statutes is created to read:
AB737,7,2
129.184
(10) License limitation. No person may apply for or receive more than
2one Class A bear license during one season.
AB737, s. 24
3Section
24. 29.194 (1) (a) of the statutes is amended to read:
AB737,7,154
29.194
(1) (a) Notwithstanding ss. 29.024 (2) and 29.228 (1) (a), the department
5shall issue a
resident nonresident fishing license,
resident nonresident small game
6hunting
general license
, small game hunting nonfirearm license, or
resident 7nonresident deer hunting license to a qualified student applying for the license.
8Notwithstanding the fees specified for these licenses under s. 29.563 (2) and (3), the
9department shall charge the fees for these licenses as if they were issued to a
10resident. A qualified student is a person who exhibits proof that he or she is a
11registered full-time student who is present in this state attending a public or private
12college or university that is located in this state and that offers an associate degree
13or a bachelor's degree or that he or she is a citizen of a foreign country temporarily
14residing in this state while attending a high school located in this state or an
15agricultural short course at the University of Wisconsin System.
AB737, s. 25
16Section
25. 29.194 (3) of the statutes is amended to read:
AB737,7,2117
29.194
(3) Resident armed forces small game hunting license licenses
. A
18small game hunting
general license
or small game hunting nonfirearm license shall
19be issued by the department to any member of the U.S. armed forces applying for this
20license who exhibits proof that he or she is in active service with the armed forces and
21that he or she is a resident on furlough or leave.
AB737, s. 26
22Section
26. 29.204 (title) of the statutes is amended to read:
AB737,7,23
2329.204 (title)
Nonresident annual small game hunting general license.
AB737, s. 27
24Section
27. 29.204 of the statutes is renumbered 29.204 (1) and amended to
25read:
AB737,8,5
129.204
(1) A nonresident annual small game hunting
general license shall be
2issued subject to s. 29.024 by the department to any nonresident applying for this
3license. The nonresident annual small game hunting
general license authorizes the
4hunting of small game during the appropriate open season but does not authorize the
5hunting of deer, elk, bear, wild turkey, or fur-bearing animals.
AB737, s. 28
6Section
28. 29.204 (2) of the statutes is created to read:
AB737,8,107
29.204
(2) A nonresident annual small game hunting general license
8authorizes hunting with a firearm, airgun, or bow and arrow or with a crossbow if
9the holder of the license has a Class A, Class B, or Class C permit issued under s.
1029.193 (2) that authorizes hunting with a crossbow.
AB737, s. 29
11Section
29. 29.207 of the statutes is renumbered 29.207 (1).
AB737, s. 30
12Section
30. 29.207 (2) of the statutes is created to read:
AB737,8,1613
29.207
(2) A nonresident 5-day small game hunting license authorizes hunting
14with a firearm, airgun, or bow and arrow or with a crossbow if the holder of the license
15has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes
16hunting with a crossbow.
AB737, s. 31
17Section
31. 29.213 of the statutes is renumbered 29.213 (1).
AB737, s. 32
18Section
32. 29.213 (2) of the statutes is created to read:
AB737,8,2219
29.213
(2) A nonresident fur-bearing animal hunting license authorizes
20hunting with a firearm, airgun, or bow and arrow or with a crossbow if the holder of
21the license has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that
22authorizes hunting with a crossbow.
AB737, s. 33
23Section
33. 29.231 (2) of the statutes is amended to read:
AB737,9,224
29.231
(2) A resident sports license confers upon the licensee all of the
25combined privileges conferred by a resident small game hunting
general license,
1resident fishing license and resident deer hunting license subject to all of the duties,
2conditions, limitations and restrictions of those licenses.
AB737, s. 34
3Section
34. 29.231 (3) of the statutes is amended to read:
AB737,9,74
29.231
(3) A nonresident sports license confers upon the licensee all of the
5combined privileges conferred by a nonresident small game hunting
general license,
6nonresident fishing license and nonresident deer hunting license subject to all of the
7duties, conditions, limitations and restrictions of those licenses.
AB737, s. 35
8Section
35. 29.235 (2) (a) of the statutes is amended to read:
AB737,9,99
29.235
(2) (a) A resident small game hunting
general license.
AB737, s. 36
10Section
36. 29.235 (2) (c) of the statutes is amended to read:
AB737,9,1111
29.235
(2) (c) A resident wild turkey hunting
general license.
AB737, s. 37
12Section
37. 29.235 (2m) (a) of the statutes is amended to read:
AB737,9,1313
29.235
(2m) (a) A nonresident small game hunting
general license.
AB737, s. 38
14Section
38. 29.235 (2m) (c) of the statutes is amended to read:
