AB239: Bill Text

LRB-1598/1

EHS:ahe

2019 - 2020 LEGISLATURE

2019 Assembly BILL 239

May 24, 2019 - Introduced by Representatives Ballweg, Stafsholt, Knodl, Krug, Kurtz, Mursau, Pronschinske, Skowronski, Sortwell and Tusler, cosponsored by Senators Olsen, Feyen, Marklein and Smith. Referred to Committee on Sporting Heritage.

AB239,1,4 An Act to renumber and amend 23.33 (3) (eg); and to amend 23.33 (3c) (title), 23.33 (3c) (b), 167.31 (2) (a) 3., 167.31 (2) (b) 3. and 167.31 (4) (ag) of the statutes; relating to: placing, possessing, or transporting a bow or crossbow in or on a motorboat, vehicle, all-terrain vehicle, or utility terrain vehicle.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a firearm, bow, or crossbow may not be placed, possessed, or transported in or on a motorboat or vehicle, except that the restrictions on placing or possessing a firearm on a vehicle do not apply if the vehicle is stationary. This bill adds that the restrictions on placing or possessing a bow or crossbow on a vehicle do not apply if the vehicle is stationary, which means not moving, regardless of whether the motor is running. A vehicle, in this context, includes every device by which any person or property is or may be transported or drawn upon a highway, except railroad trains and personal delivery devices.

Under current law, a bow or crossbow may not be possessed by a person operating an all-terrain vehicle or utility terrain vehicle, unless the bow does not have an arrow nocked or the crossbow is not cocked or is unloaded and enclosed in a carrying case. This bill adds that the restrictions on possessing a crossbow while operating an ATV or UTV do not apply when the ATV or UTV is stationary.

Under current law, one exception to the prohibition on placing, possessing, or transporting a crossbow on a motorboat or vehicle is if the crossbow is not cocked or is unloaded and enclosed in a carrying case, similar to the exception to the prohibition on possessing a crossbow while operating an ATV or UTV. Under this bill, these exceptions are changed so that the requirement to enclose an unloaded crossbow in a carrying case is eliminated and a crossbow must either be not cocked or unloaded.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB239,1 Section 1 . 23.33 (3) (eg) of the statutes is renumbered 23.33 (3c) (am) and amended to read:

AB239,2,5 23.33 (3c) (am) With No person may operate an all-terrain vehicle or utility terrain vehicle with any crossbow in his or her possession unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.

AB239,2 Section 2 . 23.33 (3c) (title) of the statutes is amended to read:

AB239,2,7 23.33 (3c) (title) Operation with firearms or crossbows.

AB239,3 Section 3 . 23.33 (3c) (b) of the statutes is amended to read:

AB239,2,11 23.33 (3c) (b) Paragraph Paragraphs (a) does and (am) do not apply to a firearm or crossbow that is placed or possessed on an all-terrain vehicle or utility terrain vehicle that is stationary, as defined in s. 167.31 (1) (fg).

AB239,4 Section 4. 167.31 (2) (a) 3. of the statutes is amended to read:

AB239,2,14 167.31 (2) (a) 3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.

AB239,5 Section 5. 167.31 (2) (b) 3. of the statutes is amended to read:

AB239,2,17 167.31 (2) (b) 3. The crossbow is not cocked or is unloaded and enclosed in a carrying case.

AB239,6 Section 6 . 167.31 (4) (ag) of the statutes is amended to read:

AB239,3,2 167.31 (4) (ag) Subsection (2) (b) 1. does not apply to a firearm, bow, or crossbow that is placed or possessed on a vehicle that is stationary.

AB239,3,3 (End)