AB163: Bill Text

LRB-0511/1

EHS:skw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 163

March 16, 2021 - Introduced by Representatives Edming, Skowronski, Callahan, Knodl, Kurtz, Magnafici, Moses, Mursau, Rozar, Tranel, VanderMeer and Wichgers, cosponsored by Senators Stafsholt, Bradley, Felzkowski, Marklein and Stroebel. Referred to Committee on Transportation.

AB163,1,3 An Act to amend 29.885 (1) (a) and 167.31 (2) (d); and to create 167.31 (4) (fm) of the statutes; relating to: the authority to shoot a beaver or muskrat causing damage to a highway.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources may remove or authorize the removal of a wild animal that is causing damage or that is causing a nuisance. This bill specifies that “damage” includes flooding and culvert blockages caused by a beaver or muskrat.

Under current law, generally, the DNR removal of a wild animal may involve capturing, shooting, setting a trap for, relocating, or otherwise destroying or disposing of the wild animal. However, current law generally prohibits anyone from discharging a firearm within 50 feet of the center of a roadway. This bill adds an exception to this prohibition for DNR or an agent of a city, village, town, or county authorized by DNR to shoot a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.

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

AB163,1 Section 1. 29.885 (1) (a) of the statutes is amended to read:

AB163,2,4 29.885 (1) (a) “Damage" means physical harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock. “Damage” includes flooding and culvert blockages caused by a beaver or muskrat.

AB163,2 Section 2. 167.31 (2) (d) of the statutes is amended to read:

AB163,2,8 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

AB163,3 Section 3. 167.31 (4) (fm) of the statutes is created to read:

AB163,2,15 167.31 (4) (fm) Subsection (2) (d) does not prohibit the department of natural resources, acting under s. 29.885, or an agent of a city, village, town, or county authorized by the department of natural resources under s. 29.885 from discharging a firearm within 50 feet of the center of a roadway in order to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.

AB163,2,16 (End)