LRBs0091/1
KP:wlj&amn
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 68
June 21, 2017 - Offered by Representatives Wachs, Spreitzer, Barca, Bowen,
Brostoff, Considine, Hebl, Hesselbein, Mason and Ohnstad.
SB68-ASA1,1,6 1An Act to renumber 90.20 (1) (a); to amend 20.370 (1) (mu), 20.370 (3) (mu),
290.21 (2) (b), 90.21 (3) (c), 90.21 (6), 90.21 (7), 95.55 (1) (c) (intro.), 169.38 (1)
3(intro.) and 169.38 (2) (d); and to create 90.20 (1) (ag), 90.20 (2) (f), 90.20 (5),
4(6), (7) and (8), 90.21 (6m), 90.22 and 95.55 (1) (c) 7. of the statutes; relating
5to:
fence requirements for deer farms, granting rule-making authority, and
6making appropriations.
Analysis by the Legislative Reference Bureau
This substitute amendment subjects the fences that enclose deer farms to
additional requirements, especially if chronic wasting disease (CWD) is confirmed
in a farm-raised deer that is kept in captivity on the deer farm. Under the substitute
amendment, “farm-raised deer” means any animal of the cervid family, which
includes white-tailed deer, non-white-tailed deer, reindeer, elk, and moose, that is
kept in captivity. The substitute amendment requires each deer farm to pay a fee for
and hold a fence inspection certificate issued by the Department of Natural
Resources after DNR inspects the fence enclosing the deer farm and determines that
it meets certain requirements. The substitute amendment provides that a fence
inspection certificate for a deer farm is valid for two years, except that a fence

inspection certificate for a deer farm is valid for one year if CWD has been confirmed
in a farm-raised deer kept in captivity on that deer farm. Current law requires that
fences enclosing a deer farm meet certain specifications but does not require a fence
inspection certificate for a deer farm unless the deer farm keeps at least one
white-tailed deer. Under current law, the fence inspection certificates for deer farms
keeping white-tailed deer are valid for approximately ten years.
Further, the substitute amendment requires deer farms to install an electronic
monitoring system, or other system approved by DNR, on each gate in the perimeter
fence enclosing a deer farm. Additionally, under the substitute amendment, if CWD
is confirmed in a farm-raised deer, the deer farm must install, within 30 days, either
1) a double-perimeter fence, with each layer of the fence meeting the mandatory
specifications; or 2) an electric fence that meets requirements established by DNR
by rule.
The substitute amendment requires that if the farm-raised deer kept on a deer
farm have been removed because CWD is confirmed at that deer farm, the operator
of the deer farm, or the landowner, must maintain the fences enclosing the deer farm
until DNR and the Department of Agriculture, Trade and Consumer Protection
certify that the deer farm has been free of CWD prions for five years. If a fence fails
to meet the specifications under the substitute amendment, DNR must issue an
order to the person who is required to maintain the fence to bring it into compliance
within ten days. The substitute amendment grants DNR authority to inspect the
fence enclosing deer farms containing non-white-tailed deer at any time. DNR has
authority under current law to inspect the fences enclosing white-tailed deer farms
at any time.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB68-ASA1,1 1Section 1. 20.370 (1) (mu) of the statutes is amended to read:
SB68-ASA1,3,22 20.370 (1) (mu) General program operations — state funds. The amounts in
3the schedule for general program operations that do not relate to the management
4and protection of the state's fishery resources and that are conducted under ss. 23.09
5to 23.11, 27.01, 30.203, 30.277, and 90.21 90.20 to 90.22, and chs. 29 and 169, for
6activities conducted under the ecological inventory and monitoring program of the
7endangered resources program, for the aquatic and terrestrial resources inventory
8under s. 23.09 (2) (km), and for payments of $53,700 in each fiscal year, to be credited

1to the appropriation account under s. 20.285 (1) (k), to the University of Wisconsin
2System for outdoor skills training under s. 29.598.
SB68-ASA1,2 3Section 2. 20.370 (3) (mu) of the statutes is amended to read:
SB68-ASA1,3,74 20.370 (3) (mu) General program operations — state funds. The amounts in
5the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21 90.20 to
690.22
, and 323.12 (2) (c) and chs. 29, 30, and 169 and for review of environmental
7impact requirements under ss. 1.11 and 23.40.
SB68-ASA1,3 8Section 3. 90.20 (1) (a) of the statutes is renumbered 90.20 (1) (ar).
SB68-ASA1,4 9Section 4. 90.20 (1) (ag) of the statutes is created to read:
SB68-ASA1,3,1010 90.20 (1) (ag) “Department” means the department of natural resources.
SB68-ASA1,5 11Section 5. 90.20 (2) (f) of the statutes is created to read:
SB68-ASA1,3,1312 90.20 (2) (f) Each gate in the fence has an electronic monitoring system, or other
13system approved by the department by rule, that indicates when the gate is open.
SB68-ASA1,6 14Section 6. 90.20 (5), (6), (7) and (8) of the statutes are created to read:
SB68-ASA1,3,1815 90.20 (5) Inspection certificates. (a) No person may keep farm-raised deer
16that are not white-tailed deer unless the deer are contained in a fenced area for
17which the person holds a valid fence inspection certificate issued by the department
18under this subsection.
SB68-ASA1,3,2219 (b) The department may not issue a fence inspection certificate for a fence that
20is used to contain farm-raised deer that are not white-tailed deer unless the
21department inspects the fence and determines that the fence satisfies all of the
22following requirements:
SB68-ASA1,3,2323 1. The requirements under sub. (2).
SB68-ASA1,3,2524 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
25kept in captivity on the deer farm, the requirements under s. 90.22 (2).
SB68-ASA1,4,2
1(c) Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate issued under
2this subsection is valid for 2 years from the date of issuance.
SB68-ASA1,4,53 (d) Subject to s. 95.55 (1) (c), no person may apply for registration under s. 95.55
4in order to keep farm-raised deer that are not white-tailed deer without being first
5issued a fence inspection certificate under this subsection.
SB68-ASA1,4,86 (e) Notwithstanding pars. (a) and (b), a person may keep farm-raised deer and
7the department shall issue a fence inspection certificate under this subsection if all
8of the following apply:
SB68-ASA1,4,99 1. The requirements of s. 95.55 (1) (c) are satisfied.
SB68-ASA1,4,1110 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
11kept in captivity on the deer farm, the requirements under s. 90.22 (2) are satisfied.
SB68-ASA1,4,14 12(6) Fees. (a) The fee for a fence inspection certificate issued under sub. (5) is
13$50 for a fenced area that is fewer than 80 acres in size and $100 for a fenced area
14that is 80 acres or more in size.
SB68-ASA1,4,1815 (b) If a person expands a fenced area that is fewer than 80 acres in size during
16the period that the fence inspection certificate issued under sub. (5) is valid so that
17the fenced area is 80 acres or more in size, the person shall apply for a new fence
18inspection certificate and pay an additional fee of $50.
SB68-ASA1,4,24 19(7) Enforcement authority. If a person or fence fails to comply with the
20requirements under sub. (2) or s. 90.22 (2) or (3), the department shall issue an order
21directing the person who is required to maintain the fence to bring the fence into
22compliance within 10 days after the issuance of the order. If the person fails to
23comply with the order within 10 days of its issuance, the department may revoke the
24applicable fence inspection certificate issued under sub. (5).
SB68-ASA1,5,4
1(8) Penalties. (a) A court may suspend the fence inspection certificate issued
2under sub. (5) of a person who violates this section, and may issue an order
3prohibiting the person from being issued another fence inspection certificate, for a
4combined period totaling not more than 3 years.
SB68-ASA1,5,75 (b) A court may suspend the registration issued under s. 95.55 of a person who
6violates this section, and may issue an order prohibiting the person from being
7granted another registration, for a combined period totaling not more than 3 years.
SB68-ASA1,7 8Section 7. 90.21 (2) (b) of the statutes is amended to read:
SB68-ASA1,5,129 90.21 (2) (b) The department may not issue a fence inspection certificate under
10this section for a fence that is used to contain farm-raised deer that are white-tailed
11deer unless the department inspects the fence and determines that the fence meets
12the requirements established by the department by rule under sub. (6).
SB68-ASA1,8 13Section 8. 90.21 (3) (c) of the statutes is amended to read:
SB68-ASA1,5,1614 90.21 (3) (c) A Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate
15issued under par. (a) or (b) shall be valid for 2 years from the date of issuance until
16the 10th December 31 following the date of issuance
.
SB68-ASA1,9 17Section 9. 90.21 (6) of the statutes is amended to read:
SB68-ASA1,5,2218 90.21 (6) Rules. The Subject to sub. (6m), the department shall promulgate
19rules to establish requirements for fences for which fence inspection certificates are
20issued under this section. If the rules include provisions authorizing the placement
21of fences in navigable bodies of water, s. 30.12 does not apply to fences placed in
22compliance with these rules.
SB68-ASA1,10 23Section 10. 90.21 (6m) of the statutes is created to read:
SB68-ASA1,6,3
190.21 (6m) Fence specifications. The rules promulgated under sub. (6) shall
2require any person who keeps farm-raised deer that are white-tailed deer to keep
3those deer enclosed by a fence that satisfies all of the following requirements:
SB68-ASA1,6,54 (a) Each gate in the fence has an electronic monitoring system, or other system
5approved by the department by rule, that indicates when the gate is open.
SB68-ASA1,6,76 (b) If chronic wasting disease has been confirmed in a farm-raised deer that
7was kept in captivity on the deer farm, the requirements under s. 90.22 (2).
SB68-ASA1,11 8Section 11. 90.21 (7) of the statutes is amended to read:
SB68-ASA1,6,149 90.21 (7) Enforcement authority. If a person or fence fails to comply with the
10requirements established under s. 90.22 (2) or (3) or by rule under sub. (6), the
11department may shall issue an order directing the person who is required to
12maintain the fence to bring the fence into compliance within 10 days after the
13issuance of the order. If the person fails to comply with the order within 10 days of
14its issuance, the department may revoke the applicable fence inspection certificate.
SB68-ASA1,12 15Section 12. 90.22 of the statutes is created to read:
SB68-ASA1,6,17 1690.22 Fence requirements if chronic wasting disease confirmed at
17deer farm.
(1) Definitions. In this section:
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