Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~March 14, 2024~~
2		-	2023 Senate Bill 586 Date of publication*: ~~March 15, 2024~~
3		-	2023 WISCONSIN ACT ~~115~~
	1	+	Date of enactment:
	2	+	2023 Senate Bill 586 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to amend 29.016 (1) (b), 29.016 (2) (intro.), 29.053 (3), 29.089 (2) (intro.), 29.091 (1), 29.091 (2) (intro.),
5	5		29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182 (3) (b), 29.184 (3) (am), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185
6	6		(6) (b), 29.193 (2) (cr) 4., 29.193 (2) (d), 29.211 (2), 29.311 (1), 29.312 (2), 29.314 (3) (a), 29.324 (1) (b), 29.324
7	7		(1) (d), 29.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4) (intro.), 29.927 (6g), 29.971 (12), 66.0409 (1) (a), 167.31
8	8		(2) (c), 167.31 (2) (d), 167.31 (3) (b), 167.31 (3m) (a), 167.31 (4) (a) (intro.), 167.31 (4) (am) 1., 167.31 (4) (at),
9	9		167.31 (4) (cg) (intro.), 167.31 (4) (cg) 4., 167.31 (4) (cg) 6., 167.31 (4) (e), 167.31 (4) (f), 167.31 (4) (fm) and 167.31
10	10		(4) (h) (intro.); and to create 29.001 (7), 29.014 (1u) and 167.31 (1) (am) of the statutes; relating to: hunting with
11	11		an airgun, providing an exemption from emergency rule procedures, granting rule−making authority, and providing
12	12		a penalty.
13	13		The people of the state of Wisconsin, represented in
14	14		senate and assembly, do enact as follows:
15	15		SECTION 1. 29.001 (7) of the statutes is created to
16	16		read:
17	17		29.001 (7) “Airgun” means a weapon originally man-
18	18		ufactured to expel one or more metal projectiles by the
19	19		expansion of compressed air.
20	20		SECTION 2. 29.014 (1u) of the statutes is created to
21	21		read:
22	22		29.014 (1u) (a) If the department establishes an open
23	23		season for hunting an animal with a firearm, the season
24	24		shall also be open for hunting that animal with an airgun.
25	25		(b) The department may promulgate rules limiting
26	26		the types of airguns that may be used to hunt specific
27	27		species during particular hunting seasons. If the depart-
28	28		ment promulgates rules under this paragraph, the depart-
29	29		ment shall allow the use of airguns and airgun ammuni-
30	30		tion that are similar to permitted firearms and firearm
31	31		ammunition with regards to effectiveness for hunting.
32	32		SECTION 3. 29.016 (1) (b) of the statutes is amended
33	33		to read:
34	34		29.016 (1) (b) Except as provided in subs. (2) and (3),
35	35		establish a fall open season for hunting deer with firearms
36	36		and airguns that begins before the Saturday immediately
37	37		preceding the 4th Thursday in November.
38	38		SECTION 4. 29.016 (2) (intro.) of the statutes is
39	39		amended to read:
40	40		29.016 (2) (intro.) Subsection (1) (b) does not pro-
41	41		hibit the department from promulgating a rule that estab-
42	42		lishes a fall open season for hunting deer with firearms
43	43		and airguns that begins before the Saturday immediately
44	44		preceding the 4th Thursday in November if any of the fol-
45	45		lowing applies:
46	46		SECTION 5. 29.053 (3) of the statutes is amended to
47	47		read:
48	48		29.053 (3) The department may modify any require-
49	49		ment of this chapter or rules promulgated under it, estab-
50	50		lish special seasons, authorize the use of special equip-
51	51		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
52		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act ~~115~~ 2023 Senate Bill 586
	52	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 586
53	53		ment or take any other action in order to provide
54	54		additional hunting and fishing opportunities for persons
55	55		who are physically disabled or visually handicapped.
56	56		The department may limit the number of persons
57	57		involved, except that if the department establishes a spe-
58	58		cial season for hunting deer with firearms and airguns for
59	59		persons who are physically disabled, the season shall be
60	60		open to persons who have been issued a Class D permit
61	61		under s. 29.193 (2).
62	62		SECTION 6. 29.089 (2) (intro.) of the statutes is
63	63		amended to read:
64	64		29.089 (2) (intro.) No person may have in his or her
65	65		possession or under his or her control a firearm or airgun
66	66		on land located in state fish hatcheries unless the firearm
67	67		or airgun is unloaded and enclosed within a carrying case.
68	68		This subsection does not apply to any of the following:
69	69		SECTION 7. 29.091 (1) of the statutes is amended to
70	70		read:
71	71		29.091 (1) No person may hunt or trap within any
72	72		wildlife refuge established under s. 23.09 (2) (b) or
73	73		29.621 (1), or, except as provided in sub. (2), have pos-
74	74		session or control of any gun, firearm, airgun, bow, or
75	75		crossbow unless the gun or, firearm, or airgun is
76	76		unloaded, the bow or crossbow is unstrung, and the gun,
77	77		firearm, airgun, bow, or crossbow is enclosed within a
78	78		carrying case. The taking of predatory game birds and
79	79		animals shall be done as the department directs. All state
80	80		wildlife refuge boundary lines shall be marked by posts
81	81		placed at intervals of not over 500 feet and bearing signs
82	82		with the words “Wisconsin Wildlife Refuge”.
83	83		SECTION 8. 29.091 (2) (intro.) of the statutes is
84	84		amended to read:
85	85		29.091 (2) (intro.) The prohibition in sub. (1), as it
86	86		relates to the possession or control of a loaded or unen-
87	87		cased gun or, firearm, or airgun within a refuge estab-
88	88		lished under s. 23.09 (2) (b), does not apply to any of the
89	89		following:
90	90		SECTION 9. 29.164 (2) (b) of the statutes is amended
91	91		to read:
92	92		29.164 (2) (b) Type of hunting authorized. A license
93	93		issued under this section authorizes hunting with a
94	94		firearm, airgun, bow and arrow, or crossbow.
95	95		SECTION 10. 29.173 (2) (a) of the statutes is amended
96	96		to read:
97	97		29.173 (2) (a) A resident deer hunting license autho-
98	98		rizes the hunting of deer with a firearm, airgun, bow and
99	99		arrow, or crossbow.
100	100		SECTION 11. 29.182 (3) (a) of the statutes is amended
101	101		to read:
102	102		29.182 (3) (a) A resident elk hunting license autho-
103	103		rizes a resident of this state to hunt elk with a firearm, air-
104	104		gun, bow and arrow, or crossbow.
105	105		SECTION 12. 29.182 (3) (b) of the statutes is amended
106	106		to read:
107	107		29.182 (3) (b) A nonresident elk hunting license
108	108		authorizes a nonresident of this state to hunt elk with a
109	109		firearm, airgun, bow and arrow, or crossbow.
110	110		SECTION 13. 29.184 (3) (am) of the statutes is
111	111		amended to read:
112	112		29.184 (3) (am) Evidence of bear hunting. The fact
113	113		that a person is observing a bear while possessing a
114	114		firearm or airgun is not sufficient evidence to prove that
115	115		the person holding the firearm or airgun is hunting bear.
116	116		SECTION 14. 29.184 (3) (c) of the statutes is amended
117	117		to read:
118	118		29.184 (3) (c) Type of hunting authorized. A Class
119	119		A bear license authorizes hunting with a firearm, airgun,
120	120		bow and arrow, or crossbow.
121	121		SECTION 15. 29.185 (6) (a) 1. of the statutes is
122	122		amended to read:
123	123		29.185 (6) (a) 1. A firearm or airgun, as authorized
124	124		under par. (b), a bow and arrow, or a crossbow.
125	125		SECTION 16. 29.185 (6) (b) of the statutes is amended
126	126		to read:
127	127		29.185 (6) (b) Firearms and ammunition. A wolf
128	128		harvesting license authorizes hunting with a rifle, a muz-
129	129		zle−loading firearm, a handgun, a shotgun that fires slugs
130	130		or shotshells, an airgun, and any other firearm that is
131	131		loaded with a single slug or ball. A wolf harvesting
132	132		license authorizes hunting with shot that is larger than
133	133		size BB.
134	134		SECTION 17. 29.193 (2) (cr) 4. of the statutes is
135	135		amended to read:
136	136		29.193 (2) (cr) 4. A person holding a current resident
137	137		or nonresident deer hunting license and a Class D permit
138	138		may hunt deer of either sex with a firearm or airgun only
139	139		during a special season established by the department
140	140		that is open for hunting deer with firearms by disabled
141	141		persons who hold a permit under this section.
142	142		SECTION 18. 29.193 (2) (d) of the statutes is amended
143	143		to read:
144	144		29.193 (2) (d) Assistance. 1. A holder of a Class A
145	145		or Class B permit may be accompanied by a person who
146	146		is not eligible to apply for a Class A or Class B permit.
147	147		The accompanying person may not hunt or carry a
148	148		firearm, airgun, bow, or crossbow unless that person has
149	149		been issued the appropriate approval to do so. The assist-
150	150		ance rendered by an accompanying person who has not
151	151		been issued the appropriate approval is limited to field
152	152		dressing, tagging, and retrieving game for the permit
153	153		holder.
154	154		2. A holder of a Class C permit shall be accompanied
155	155		by a person who is not eligible to apply for a permit under
156	156		this section. The accompanying person may not hunt or
157	157		carry a firearm, airgun, bow, or crossbow unless the per-
158	158		son has been issued the appropriate approval to do so.
159	159		The assistance rendered by an accompanying person may
160		-	include sighting the firearm, airgun, bow, or crossbow, − 3 − 2023 Wisconsin Act ~~115~~ 2023 Senate Bill 586
	160	+	include sighting the firearm, airgun, bow, or crossbow, − 3 − 2023 Wisconsin Act 2023 Senate Bill 586
161	161		identifying the game, and field dressing, tagging, and
162	162		retrieving game for the permit holder.
163	163		3. A holder of a Class D permit may use an adaptive
164	164		device, as authorized by the department by rule, to facili-
165	165		tate the use of a firearm or an airgun and may be accompa-
166	166		nied by a person who is not eligible to apply for a permit
167	167		under this section. The accompanying person may not
168	168		hunt or carry a firearm, airgun, bow, or crossbow unless
169	169		that person has been issued the appropriate approval to do
170	170		so. The assistance rendered by an accompanying person
171	171		who has not been issued the appropriate approval is lim-
172	172		ited to field dressing, tagging, and retrieving game for the
173	173		permit holder and any other assistance authorized by the
174	174		department by rule.
175	175		SECTION 19. 29.211 (2) of the statutes is amended to
176	176		read:
177	177		29.211 (2) AUTHORIZATION. A nonresident deer hunt-
178	178		ing license authorizes the hunting of deer with a firearm,
179	179		airgun, bow and arrow, or crossbow.
180	180		SECTION 20. 29.311 (1) of the statutes is amended to
181	181		read:
182	182		29.311 (1) No person may hunt waterfowl or coots
183	183		with any firearm or airgun using any shotshell classified
184	184		by the federal government as toxic or harmful to wildlife
185	185		or the environment.
186	186		SECTION 21. 29.312 (2) of the statutes is amended to
187	187		read:
188	188		29.312 (2) The department may not promulgate or
189	189		enforce a rule that prohibits a person from sighting a
190	190		firearm or airgun on land owned or leased by that person
191	191		or a member of that person’s immediate family during the
192	192		24−hour period prior to the opening date for hunting deer
193	193		with firearms in any area where there is an open season
194	194		for hunting deer with firearms.
195	195		SECTION 22. 29.314 (3) (a) of the statutes is amended
196	196		to read:
197	197		29.314 (3) (a) Prohibition. No person may use or
198	198		possess with intent to use a light for shining deer, elk, or
199	199		bear while the person is hunting deer, elk, or bear or in
200	200		possession of a firearm, airgun, bow and arrow, or cross-
201	201		bow.
202	202		SECTION 23. 29.324 (1) (b) of the statutes is amended
203	203		to read:
204	204		29.324 (1) (b) “Group deer hunting party” means 2
205	205		or more hunters hunting in a group all using firearms or
206	206		airguns, each of whom holds an individual license to hunt
207	207		deer.
208	208		SECTION 24. 29.324 (1) (d) of the statutes is amended
209	209		to read:
210	210		29.324 (1) (d) “Youth deer license” means a license
211	211		that is issued by the department to a person who is under
212	212		the age of 18 and that authorizes the hunting of deer with
213	213		a firearm or airgun.
214	214		SECTION 25. 29.341 (1) of the statutes is amended to
215	215		read:
216	216		29.341 (1) Any person who, while hunting any wild
217	217		animal or bird, discharges a firearm, airgun, or arrow, and
218	218		by that discharge injures or kills another person, shall
219	219		immediately give his or her name and address to the
220	220		injured person, render assistance to the injured person
221	221		and obtain immediate medical or hospital care for the
222	222		injured person, and immediately report the injury or
223	223		death to the sheriff or police of the locality in which the
224	224		shooting took place.
225	225		SECTION 26. 29.345 of the statutes is amended to
226	226		read:
227	227		29.345 Hunting, fishing or trapping accident; fail-
228	228		ure to report. (1) Every person who has caused or been
229	229		involved in an accident in which a person has been
230	230		injured by discharge of a firearm, airgun, or arrow while
231	231		hunting, fishing, or trapping, or inflicted an injury upon
232	232		himself or herself with a firearm, airgun, or with an arrow
233	233		while hunting, fishing, or trapping, shall render a report
234	234		to the department at any of its field offices within 10 days
235	235		after the injury unless the person is physically incapable
236	236		of making the required report, in which event the person
237	237		or persons involved in the accident shall designate an
238	238		agent to file the report within the specified time.
239	239		(2) Any person who is involved in an accident with
240	240		a firearm, airgun, or arrow while hunting, fishing, or trap-
241	241		ping, and who fails to submit the report required by this
242	242		section, shall forfeit not more than $50. In addition, the
243	243		court may revoke any license issued to the person under
244	244		this chapter and may further provide that no license shall
245	245		be issued to the person under this chapter for a fixed
246	246		period of time specified by the court.
247	247		SECTION 27. 29.592 (1) (intro.) of the statutes is
248	248		amended to read:
249	249		29.592 (1) (intro.) A person may hunt in this state
250	250		without obtaining a certificate of accomplishment under
251	251		s. 29.591 and may, while hunting, possess or control a
252	252		firearm or an airgun if all of the following apply:
253	253		SECTION 28. 29.621 (4) (intro.) of the statutes is
254	254		amended to read:
255	255		29.621 (4) PROTECTION. (intro.) Except as provided
256	256		in s. 29.091 (1), no owner of a wildlife refuge, and no
257	257		other person, may hunt or trap within the boundaries of
258	258		any wildlife refuge or have in his or her possession or
259	259		under his or her control in the wildlife refuge a gun,
260	260		firearm, airgun, bow, or crossbow, unless the gun or,
261	261		firearm, or airgun is unloaded, the bow or crossbow is
262	262		unstrung, and the gun, firearm, airgun, bow, or crossbow
263	263		is enclosed within a carrying case. This subsection, as it
264	264		relates to the possession or control of a loaded or unen-
265	265		cased firearm or airgun, does not apply to any of the fol-
266	266		lowing:
267	267		SECTION 29. 29.927 (6g) of the statutes is amended
268	268		to read:
269	269		29.927 (6g) Any lamp, light, gun, firearm, airgun,
270		-	ammunition, bow, crossbow, bolt, or arrow used in viola- − 4 −2023 Wisconsin Act ~~115~~ 2023 Senate Bill 586
	270	+	ammunition, bow, crossbow, bolt, or arrow used in viola- − 4 −2023 Wisconsin Act 2023 Senate Bill 586
271	271		tion of this chapter or s. 167.31 or any rules promulgated
272	272		under s. 167.31.
273	273		SECTION 30. 29.971 (12) of the statutes is amended
274	274		to read:
275	275		29.971 (12) In addition to any other penalty for viola-
276	276		tion of this chapter or any department order made under
277	277		this chapter, the court may revoke any or all approvals
278	278		granted under this chapter for a period of up to 3 years.
279	279		If a person is convicted of reckless or highly negligent
280	280		conduct in the operation or handling of a firearm, airgun,
281	281		or bow and arrow in violation of s. 940.08, 940.24, or
282	282		941.20 and either death or bodily harm to another results
283	283		from that violation, the court shall revoke every approval
284	284		issued to that person under this chapter and shall provide
285	285		a fixed period during which no new approval may be
286	286		issued to the person. If no death or bodily harm to another
287	287		results from the violation, the court may revoke any
288	288		approval issued to that person under this chapter and may
289	289		provide a fixed period during which no new approval
290	290		may be issued to the person.
291	291		SECTION 31. 66.0409 (1) (a) of the statutes is
292	292		amended to read:
293	293		66.0409 (1) (a) “Firearm” has the meaning given in
294	294		s. 167.31 (1) (c) and includes an airgun, as defined in s.
295	295		29.001 (7).
296	296		SECTION 32. 167.31 (1) (am) of the statutes is created
297	297		to read:
298	298		167.31 (1) (am) “Airgun” has the meaning given in
299	299		s. 29.001 (7).
300	300		SECTION 33. 167.31 (2) (c) of the statutes is amended
301	301		to read:
302	302		167.31 (2) (c) Except as provided in sub. (4), no per-
303	303		son may load a firearm, other than a handgun, in a vehicle
304	304		or discharge a firearm or airgun or shoot a bolt or an arrow
305	305		from a bow or crossbow in or from a vehicle.
306	306		SECTION 34. 167.31 (2) (d) of the statutes, as affected
307	307		by 2023 Wisconsin Act 51, is amended to read:
308	308		167.31 (2) (d) Except as provided in sub. (4) (a), (bg),
309	309		(cg), (e), (fm), (g), and (k), no person may discharge a
310	310		firearm or airgun or shoot a bolt or an arrow from a bow
311	311		or crossbow from or across a highway or within 50 feet
312	312		of the center of a roadway.
313	313		SECTION 35. 167.31 (3) (b) of the statutes is amended
314	314		to read:
315	315		167.31 (3) (b) Except as provided in sub. (4), no per-
316	316		son may load or discharge a firearm or airgun or shoot a
317	317		bolt or an arrow from a bow or crossbow in or from an air-
318	318		craft.
319	319		SECTION 36. 167.31 (3m) (a) of the statutes is
320	320		amended to read:
321	321		167.31 (3m) (a) Except as provided in sub. (4) (b) and
322	322		(h), no person may intentionally discharge a firearm or
323	323		airgun in the direction of a transmission facility.
324	324		SECTION 37. 167.31 (4) (a) (intro.) of the statutes is
325	325		amended to read:
326	326		167.31 (4) (a) (intro.) Subsections (2) and (3) do not
327	327		apply to any of the following who, in the line of duty,
328	328		place, possess, transport, load or discharge a firearm or
329	329		airgun in, on or from a vehicle, motorboat or aircraft or
330	330		discharge a firearm or airgun from or across a highway or
331	331		within 50 feet of the center of a roadway:
332	332		SECTION 38. 167.31 (4) (am) 1. of the statutes is
333	333		amended to read:
334	334		167.31 (4) (am) 1. Subsections (2) (a), (c) and (d) and
335	335		(3) (a) and (b) do not apply to a peace officer who, in the
336	336		line of duty, loads or discharges a firearm or airgun in, on
337	337		or from a vehicle, motorboat or aircraft or discharges a
338	338		firearm or airgun from or across a highway or within 50
339	339		feet of the center of a roadway.
340	340		SECTION 39. 167.31 (4) (at) of the statutes is amended
341	341		to read:
342	342		167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b)
343	343		do not apply to the discharge of a firearm or airgun if the
344	344		actor’s conduct is justified or, had it been subject to a
345	345		criminal penalty, would have been subject to a defense
346	346		described in s. 939.45.
347	347		SECTION 40. 167.31 (4) (cg) (intro.) of the statutes is
348	348		amended to read:
349	349		167.31 (4) (cg) (intro.) A holder of a Class A or
350	350		Class B permit under s. 29.193 (2) who is hunting from
351	351		a stationary vehicle may load and discharge a firearm or
352	352		airgun or shoot a bolt or an arrow within 50 feet of the
353	353		center of a roadway if all of the following apply:
354	354		SECTION 41. 167.31 (4) (cg) 4. of the statutes is
355	355		amended to read:
356	356		167.31 (4) (cg) 4. The holder of the permit has
357	357		obtained permission from any person who is the owner or
358	358		lessee of private property across or on to which the holder
359	359		of the permit intends to discharge a firearm or airgun or
360	360		shoot a bolt or an arrow.
361	361		SECTION 42. 167.31 (4) (cg) 6. of the statutes is
362	362		amended to read:
363	363		167.31 (4) (cg) 6. The holder of the permit discharges
364	364		the firearm or airgun or shoots the bolt or arrow away
365	365		from and not across or parallel to the roadway.
366	366		SECTION 43. 167.31 (4) (e) of the statutes is amended
367	367		to read:
368	368		167.31 (4) (e) Subsection (2) (d) does not apply to a
369	369		person who is legally hunting small game with a muzzle−
370	370		loading firearm or with a shotgun firearm or airgun
371	371		loaded with shotshell or chilled shot number BB or
372	372		smaller, if the surface of the highway or roadway is any-
373	373		thing other than concrete or blacktop.
374	374		SECTION 44. 167.31 (4) (f) of the statutes is amended
375	375		to read:
376	376		167.31 (4) (f) Subsection (2) (d) does not prohibit a
377	377		person from possessing a loaded firearm or airgun within
378	378		50 feet of the center of a roadway if the person does not
379		-	violate sub. (2) (b) or (c). − 5 − 2023 Wisconsin Act ~~115~~ 2023 Senate Bill 586
	379	+	violate sub. (2) (b) or (c). − 5 − 2023 Wisconsin Act 2023 Senate Bill 586
380	380		SECTION 45. 167.31 (4) (fm) of the statutes is
381	381		amended to read:
382	382		167.31 (4) (fm) Subsection (2) (d) does not prohibit
383	383		the department of natural resources, acting under s.
384	384		29.885, or an agent of a city, village, town, or county
385	385		authorized by the department of natural resources under
386	386		s. 29.885 from discharging a firearm or airgun within 50
387	387		feet of the center of a roadway in order to dispose of a
388	388		beaver or muskrat that is causing damage to a highway in
389	389		which the roadway is located if the discharge does not
390	390		pose a risk to public safety.
391	391		SECTION 46. 167.31 (4) (h) (intro.) of the statutes is
392	392		amended to read:
393	393		167.31 (4) (h) (intro.) Subsection (3m) does not
394	394		apply to any of the following who discharge a firearm or
395	395		airgun in the direction of a transmission facility:
396	396		SECTION 47.0Nonstatutory provisions.
397	397		(1) The department of natural resources may use the
398	398		procedure under s. 227.24 to promulgate emergency
399	399		rules under s. 29.014 (1u) (b) for the period before the
400	400		date on which permanent rules under s. 29.014 (1u) (b)
401	401		take effect. Notwithstanding s. 227.24 (1) (c) and (2),
402	402		emergency rules promulgated under this subsection
403	403		remain in effect until the permanent rules take effect.
404	404		Notwithstanding s. 227.24 (1) (a) and (3), the department
405	405		of natural resources is not required to provide evidence
406	406		that promulgating rules under this subsection as emer-
407	407		gency rules is necessary for the preservation of the public
408	408		peace, health, safety, or welfare and is not required to pro-
409	409		vide a finding of emergency for rules promulgated under
410	410		this subsection.