LRB-2472/1
RNK:wlj:ph
2013 - 2014 LEGISLATURE
June 5, 2013 - Introduced by Senators Kedzie and S. Fitzgerald, cosponsored by
Representatives Kleefisch and T. Larson. Referred to Natural Resources.
SB210,1,3
1An Act to renumber and amend 29.038 (3); and
to create 29.038 (3) (b) of the
2statutes;
relating to: restrictions imposed by local governmental units on
3hunting with a bow and arrow or crossbow.
Analysis by the Legislative Reference Bureau
Current law generally prohibits a local governmental unit from enacting or
adopting any ordinance or restriction (restriction) that regulates hunting, fishing,
trapping, or management of wild animals except on land the local governmental unit
owns or leases or unless state law specifically authorizes the local governmental unit
to enact or adopt such restriction. Current statutes also specify that a local
governmental unit may enact or adopt a restriction 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 exceptions, that a local governmental unit may not
enact or adopt a restriction that prohibits hunting with a bow and arrow or crossbow
within the jurisdiction of that local governmental unit. Under one exception
provided in the bill, a local governmental unit may prohibit a person from hunting
with a bow and arrow or crossbow within a specified distance, not to exceed 100
yards, of a building used for human occupancy that is located on another person's
land. The bill specifies that the enacted or adopted restriction must provide that it
does not apply if the person who owns the land on which the building is located allows
the hunter to hunt with a bow and arrow or crossbow within the specified distance
of the building. The bill also allows a local governmental unit to require a person who
hunts with a bow and arrow or crossbow to discharge the arrow or bolt from the
respective weapon toward the ground.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB210,1
1Section
1. 29.038 (3) of the statutes is renumbered 29.038 (3) (a) and amended
2to read:
SB210,2,63
29.038
(3) (a)
A Except as provided in par. (b), a local governmental unit may
4enact an ordinance or adopt a regulation, resolution or other restriction that has an
5incidental effect on hunting, fishing or trapping, but only if the primary purpose is
6to further public health or safety.
SB210,2
7Section
2. 29.038 (3) (b) of the statutes is created to read:
SB210,2,88
29.038
(3) (b) 1. In this paragraph:
SB210,2,109
a. "Building" means a permanent structure used for human occupancy and
10includes a manufactured home, as defined in s. 101.91 (2).
SB210,2,1211
b. "Restriction" means an ordinance, regulation, resolution, or other restriction
12enacted or adopted by a local governmental unit.
SB210,2,1513
2. Except as provided in subd. 3., a local governmental unit may not enact or
14adopt a restriction that prohibits a person from hunting with a bow and arrow or
15crossbow within the jurisdiction of that local governmental unit.
SB210,2,1716
3. A local governmental unit may enact or adopt a restriction that does any of
17the following:
SB210,3,218
a. Prohibits a person from hunting with a bow and arrow or crossbow within
19a specified distance, not to exceed 100 yards, from a building located on another
20person's land. A restriction enacted or adopted under this subd. 3. a. shall provide
21that the restriction does not apply if the person who owns the land on which the
1building is located allows the hunter to hunt within the specified distance of the
2building.
SB210,3,43
b. Requires a person who hunts with a bow and arrow or crossbow to discharge
4the arrow or bolt from the respective weapon toward the ground.
