LRBs0379/2
RCT:skg:jlb
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 483
January 23, 1996 - Offered by
Committee on Transportation, Agriculture and
Local Affairs.
AB483-SSA1,1,7
1An Act to repeal 93.07 (24) (b), 95.35 (1) and (2), 95.35 (4), 95.35 (5), 95.64, 95.65
2and 95.66;
to amend 93.07 (24) (a), 95.001 (1) (am), 95.21 (4) (b), 95.25 (5), 95.26
3(7), 95.27 (4), 95.31 (2), 95.31 (3), 95.31 (4), 95.35 (3) and 95.37 (1);
to repeal
4and recreate 95.32; and
to create 95.26 (5m) and 95.99 (3) of the statutes;
5relating to: appraisal of and payment for animals that are destroyed because
6of infectious diseases, livestock remedies, violations of animal health laws,
7granting rule-making authority and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB483-SSA1,1,119
93.07
(24) (a) To enforce the laws regarding the production, manufacture and
10sale, offering or exposing for sale or having in possession with intent to sell, of any
11dairy, food or drug product
,.
AB483-SSA1,1,13
12(b) To enforce the laws regarding the adulteration or misbranding of any
13articles of food
or, drink,
or condiment or drug
and to.
AB483-SSA1,2,4
1(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
2of food, drink
or, condiment or drug made or offered for sale within this state which
3it may suspect or have reason to believe to be impure, unhealthful, misbranded,
4adulterated or counterfeit, or in any way unlawful
, and to.
AB483-SSA1,2,9
5(d) To prosecute or cause to be prosecuted any person engaged in the
6manufacture or sale, offering or exposing for sale or having in possession with intent
7to sell, of any adulterated dairy product or of any adulterated, misbranded,
8counterfeit, or otherwise unlawful article or articles of food, drink, condiment or
9drug.
AB483-SSA1,2,1413
95.001
(1) (am) "Net salvage
value" means the salvage value of an animal plus
14any federal indemnity paid for the animal.
AB483-SSA1,2,2516
95.21
(4) (b)
Sacrifice of other animals. An officer may order killed or may kill
17an animal other than a dog or cat if the officer has reason to believe that the animal
18bit a person or is infected with rabies.
If livestock
Except as provided in s. 95.36, if
19an animal of a species raised primarily to produce food for human consumption is
20killed under this paragraph, the owner is eligible for an indemnity payment in an
21amount equal to the indemnity provided under
this chapter for livestock destroyed
22because of unknown or unidentified diseases s. 95.31 (3). If the decision is made by
23an employe of the department, the indemnity shall be paid from the appropriation
24under s. 20.115 (2) (b). If the decision is made by another officer, the indemnity shall
25be paid from the dog license fund.
AB483-SSA1,3,72
95.25
(5) For each animal
of a species raised primarily to produce food for
3human consumption, including farm-raised deer, condemned and slaughtered,
4unless otherwise provided by law except as provided in s. 95.36, the owner shall
5receive and, upon certificate of the department, the state shall pay two-thirds of the
6difference between the net salvage
value and the appraised
or agreed value of the
7animal, but
such the payment may not exceed
$600 $1,500 for an animal.
AB483-SSA1,3,109
95.26
(5m) (a) The department may obtain blood or tissue samples from swine
10and farm-raised deer to test for brucellosis.
AB483-SSA1,3,1311
(b) The department may condemn swine and farm-raised deer that are
12reactors to the brucellosis test and may quarantine the herd from which the reactors
13come.
AB483-SSA1,3,2315
95.26
(7) For each animal
of a species raised primarily to produce food for
16human consumption, including farm-raised deer, condemned and slaughtered,
17unless otherwise provided by law except as provided in ss. 95.36 and 95.48, the owner
18shall receive and, upon certificate of the department, the state shall pay two-thirds
19of the difference between the net salvage
value and the appraised
or agreed value of
20the animal, but
such the payment
shall may not exceed
$300 $1,500 for an animal.
21With the consent of the owner the department may condemn, in infected herds,
22animals which have been exposed and which are suspected of being infected,
23although
such the animals have not reacted to the brucellosis tests.
AB483-SSA1,4,6
195.27
(4) Subject to sub. (5)
and s. 95.36, the department shall indemnify
from
2state or federal funds the owner of swine that have been condemned and destroyed
3under this section. The department shall pay to the owner for each animal destroyed
4the difference between the net salvage
value and the appraised value of the animal
,
5but the payment may not exceed $1,500 for an animal. State payments shall be made
6from the appropriation under s. 20.115 (2) (b).
AB483-SSA1,4,178
95.31
(2) Whenever
the department determines that it is
deemed necessary
by
9the department to condemn diseased animals, the department shall, in all cases
10where the payment of indemnities is authorized under this chapter, appraise the
11condemned animals
and agree in writing with the owner as to the value of the
12animals condemned or destroyed. In the absence of an agreement with the owner,
13written notice of the condemnation shall be given to the owner, his or her agent or
14the person in charge of the animals, and to the circuit court of the county in which
15the animals are located as provided in s. 95.32 and shall notify the owner in writing
16of the appraised value. The notice shall include the number and description of the
17animals and the name of the owner.
AB483-SSA1,5,620
95.31
(3) In addition to the indemnities for specific animal diseases provided
21under ss. 95.25, 95.26
, and 95.27
and 95.35 or under special emergency programs
and
22subject to s. 95.36, the department shall pay indemnities on livestock condemned and
23destroyed because of
unknown or unidentified contagions or infections, the cause or
24nature of which cannot be fully determined at the time of condemnation.
25Indemnities for unknown or unidentified diseases shall be equal to
other diseases if
1the condemnation and destruction is necessary to protect public health or the
2livestock industry. The indemnity under this subsection shall be two-thirds of the
3difference between net salvage
value and appraised
or agreed values value, but
may 4not
to exceed
$600 $1,500 for an animal. As used in this subsection, "livestock"
5means
bovines, equines, swine, sheep, goats, poultry and animals of species raised
6primarily to produce food for human consumption, including farm-raised deer.
AB483-SSA1,5,198
95.31
(4) In the event of a major or serious outbreak of dangerous diseases
9affecting the health of domestic animals requiring special control measures, the
10department may request the joint committee on finance to release funds
11appropriated under s. 20.115 (2) (b) as needed to conduct emergency control
12programs independently or in cooperation with federal or local units of government
13and
, subject to s. 95.36, to pay indemnities on animals
of species raised primarily to
14produce food for human consumption, including farm-raised deer, condemned and
15slaughtered or destroyed under the emergency control programs. For all indemnities
16paid under this subsection, the state shall pay two-thirds of the difference between
17the net salvage
value and the appraised value of an animal, except that no payment
18may exceed
the maximum amount prescribed by the department for the species type
19of the destroyed animal $1,500 for an animal.
AB483-SSA1, s. 12
20Section
12. 95.32 of the statutes is repealed and recreated to read:
AB483-SSA1,5,23
2195.32 Appraised value. (1) The department shall determine the appraised
22value of an animal that is destroyed under s. 95.21 (4) (b), 95.25, 95.26, 95.27 or 95.31
23(3) or (4) if the animal's owner is eligible for an indemnity.
AB483-SSA1,6,2
24(2) Except as provided in sub. (3), the appraised value for an animal that is of
25an animal type that is frequently sold at public auction shall equal the average price
1paid for a commercial grade animal of the same animal type at public auction sales
2during a period specified by the department.
AB483-SSA1,6,5
3(3) The appraised value of a registered purebred animal of an animal type that
4is frequently sold at public auction shall equal 125% of the amount determined under
5sub. (2) for that animal type.
AB483-SSA1,6,8
6(4) Using a method specified under sub. (5) (c), the department shall determine
7the appraised value of an animal of an animal type that is not frequently sold at
8public auction.
AB483-SSA1,6,12
9(5) (a) The department shall promulgate rules specifying animal types for the
10purposes of this section. The animal types may be based on characteristics of
11animals that include species, gender and age. The rules shall specify whether each
12animal type is frequently sold at public auction.
AB483-SSA1,6,1613
(b) The department shall promulgate rules specifying the period of public
14auction sales that will be used in the appraisal of each animal type to which sub. (2)
15applies. The period may not begin more than 6 months before the date on which the
16department makes the appraisal.
AB483-SSA1,6,2017
(c) The department shall promulgate rules specifying methods for determining
18the appraised value of animals of animal types that are not frequently sold at public
19auction. The methods shall be as consistent as possible with the method under sub.
20(2).
AB483-SSA1,7,223
95.35
(3) The department may enter into cooperative agreements with the
24federal government or any department or other agency for the control and
1eradication of scrapie in this state
, including the sharing of payments for indemnities
2authorized by this section.
AB483-SSA1,7,196
95.37
(1) Claims against the state arising from the condemnation of animals
7shall be made by delivering to the department, to be forwarded to the department of
8administration, a
copy of the condemnation notice, and of the notice to the circuit
9court and return of the appraisers certified by the court request, giving the name and
10place of residence of the owner, the date on which
such the animals were condemned
11and the tag number of each animal, and also a statement of the salvage received and
12of the sum due from the state and any additional information
as that the department
13requires.
If the value was fixed by agreement the claim shall be made by delivering
14to the department to be forwarded to the department of administration the
15agreement or a sworn copy thereof and a statement of the salvage received and of the
16amount due from the state and any additional information demanded. The
17department shall promptly transmit all claims to the department of administration
18and accompany the same with a report of the sum due from the state and thereupon
19the claims may be audited and paid.
