Amendment SSA1-SB356

SB356-SSA1,8,13 29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574, or 29.578 or 29.58 if the licensee has not had the deer returned to the land within 72 hours of the discovery of the escape.

SB356-SSA1, s. 32 Section 32. 29.583 (3) of the statutes is created to read:

SB356-SSA1,8,15 29.583 (3) This section does not apply to farm-raised deer.

SB356-SSA1, s. 33 Section 33. 29.585 (2) (a) of the statutes is amended to read:

SB356-SSA1,8,21 29.585 (2) (a) The term In this section, "wild animal" as used in this section means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the Wisconsin statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer.

SB356-SSA1, s. 34 Section 34. 29.586 (4) of the statutes is created to read:

SB356-SSA1,8,23 29.586 (4) This section does not apply to farm-raised deer.

SB356-SSA1, s. 35 Section 35. 29.59 (1) (f) of the statutes is amended to read:

SB356-SSA1,9,2 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

SB356-SSA1, s. 36 Section 36. 29.598 (1) of the statutes is amended to read:

SB356-SSA1,9,7 29.598 (1) Definition. As used in In this section, "wildlife damage" means damage caused by wild deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

SB356-SSA1, s. 37 Section 37. 29.645 of the statutes is amended to read:

SB356-SSA1,9,12 29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer.

SB356-SSA1, s. 38 Section 38. 29.99 (15) of the statutes is amended to read:

SB356-SSA1,9,22 29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not commercially raised farm-raised deer or domesticated animals; that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were commercially raised farm-raised deer or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts. In this subsection, "commercially raised deer" has the meaning given in s. 95.25 (5m).

SB356-SSA1, s. 39 Section 39. 90.20 of the statutes is created to read:

SB356-SSA1,9,25 90.20 Fencing of farm-raised deer. Any person who keeps farm-raised deer, as defined in s. 95.001 (1) (a), shall keep the farm-raised deer enclosed by a fence not less than 7 feet 10 inches high, except that animals of the genus rangifer shall be kept enclosed by a fence not less than 5 feet high.

SB356-SSA1, s. 40 Section 40. 93.07 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 93.07 (10) (b) and amended to read:

SB356-SSA1,10,13 93.07 (10) (b) To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this subsection paragraph.

SB356-SSA1, s. 41 Section 41. 93.07 (10) (a) of the statutes is created to read:

SB356-SSA1,10,16 93.07 (10) (a) In this subsection, "domestic animals" includes farm-raised deer, as defined in s. 95.001 (1) (a).

SB356-SSA1, s. 42 Section 42. 95.001 (1) (a) of the statutes is renumbered 95.001 (1) (am).

SB356-SSA1, s. 43 Section 43. 95.001 (1) (a) of the statutes is created to read:

SB356-SSA1,10,22 95.001 (1) (a) "Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.

SB356-SSA1, s. 44 Section 44. 95.25 (1) and (2) of the statutes are amended to read:

SB356-SSA1,11,6 95.25 (1) In order to detect and control bovine tuberculosis the department may test for tuberculosis those cattle where indication of possible infection is disclosed by means of the slaughter cattle identification program and any other cattle or herds farm-raised deer the department has reason to believe may be infected or exposed or deems considers necessary to test for any other reason. Tuberculosis tests authorized by the department shall be made at such times and in such manner as the department determines, in the light of the latest and best scientific and practical knowledge and experience.

SB356-SSA1,11,14 (2) Upon reasonable notice, the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or inclosures where cattle or farm-raised deer are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing (in addition to the penalty prescribed therefor) shall be liable for all damages caused thereby to the state or to any person lawfully engaged in the work of inspection and testing.

SB356-SSA1, s. 45 Section 45. 95.25 (2m) of the statutes is created to read:

SB356-SSA1,11,19 95.25 (2m) The owner or other person in possession of animals subject to inspection or testing under this section shall provide animal handling facilities to ensure the safety of the animals and the persons conducting the inspection or testing under this section.

SB356-SSA1, s. 46 Section 46. 95.25 (4m) of the statutes is created to read:

SB356-SSA1,11,23 95.25 (4m) The department is not liable for injury to or death of animals during inspection or testing under this section unless negligence by the department causes the injury or death.

SB356-SSA1, s. 47 Section 47. 95.25 (5m) of the statutes is repealed.

SB356-SSA1, s. 48 Section 48. 95.30 of the statutes is amended to read:

SB356-SSA1,12,5 95.30 (title) Disposal of cattle animals infected with tuberculosis. The owner of cattle or farm-raised deer tested and found to be afflicted with bovine tuberculosis shall ship them under the direction of the department to some place designated by it for immediate slaughter under U.S. government inspection, or under the inspection approved by the department.

SB356-SSA1, s. 49 Section 49. 95.31 (3) of the statutes is amended to read:

SB356-SSA1,12,15 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26, 95.27 and 95.35 or under special emergency programs, the department shall pay indemnities on livestock condemned and destroyed because of unknown or unidentified contagions or infections, the cause or nature of which cannot be fully determined at the time of condemnation. Indemnities for unknown or unidentified diseases shall be equal to the difference between net salvage and appraised or agreed values, but not to exceed $600. As used in this subsection, "livestock" means bovines, equines, swine, sheep, goats, poultry and commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 50 Section 50. 95.33 of the statutes is amended to read:

SB356-SSA1,12,20 95.33 Tubercular animals that do not react. Whenever in the opinion of the department a bovine or farm-raised deer is afflicted with tuberculosis, although failing to react to the tubercular test, such animal shall be condemned and the appraisal and all subsequent procedure shall be the same as in the case of reactors.

SB356-SSA1, s. 51 Section 51. 95.40 (title) and (1) of the statutes are amended to read:

SB356-SSA1,12,25 95.40 (title) Neutralizing cattle tuberculosis test. (1) No person shall use or cause to be used tuberculin or any other agent upon cattle or farm-raised deer, by injection or otherwise, for the purpose of preventing a proper reaction when a tuberculin test is made.

SB356-SSA1, s. 52 Section 52. 95.41 (2) of the statutes is amended to read:

SB356-SSA1,13,4 95.41 (2) The department shall provide ear tags to be used for identifying cattle and farm-raised deer tested for purposes of disease control, and shall distribute the tags to persons authorized by the department to identify cattle and farm-raised deer.

SB356-SSA1, s. 53 Section 53. 95.42 of the statutes is amended to read:

SB356-SSA1,13,11 95.42 Revocation of permit to test. Only veterinarians approved by the department may apply the tuberculin test to cattle and farm-raised deer, and no veterinarian applying the test may tag or brand reactors except as specifically authorized or directed by the department. Any veterinarian who fails to comply with this section and the rules and instructions furnished by the department shall forfeit all right to apply the tuberculin test.

SB356-SSA1, s. 54 Section 54. 95.55 of the statutes is created to read:

SB356-SSA1,13,15 95.55 Farm-raised deer; registration. (1) Registration. (a) Except as provided in par. (b), no person may keep farm-raised deer unless the person is registered with the department under this section.

SB356-SSA1,13,17 (b) Establishments licensed under s. 97.42 may keep live farm-raised deer for slaughtering purposes for up to 72 hours without being registered under this section.

SB356-SSA1,13,20 (2) Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee specified under sub. (3).

SB356-SSA1,13,22 (3) Fee. The department shall, by rule, specify the fee for registration under this section.

SB356-SSA1,13,25 (4) Animal handling facilities. A person required to register under this section shall provide animal handling facilities to ensure the safety of farm-raised deer during handling and of the persons handling the farm-raised deer.

SB356-SSA1, s. 55 Section 55. 95.68 (1) (d) of the statutes is amended to read:

SB356-SSA1,14,3 95.68 (1) (d) "Livestock" means bovine animals, sheep, goats, swine, farm-raised deer and equine animals.

SB356-SSA1, s. 56 Section 56. 95.80 (1) (b) of the statutes is amended to read:

SB356-SSA1,14,7 95.80 (1) (b) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer and other species of animals susceptible of use in the production of meat and meat products.

SB356-SSA1, s. 57 Section 57. 97.42 (1) (a) of the statutes is amended to read:

SB356-SSA1,14,10 97.42 (1) (a) "Animal" means cattle, sheep, swine, goats, commercially raised farm-raised deer, horses, mules, and other equines.

SB356-SSA1, s. 58 Section 58. 97.42 (1) (cm) of the statutes is repealed.

SB356-SSA1, s. 59 Section 59. 97.42 (1) (dm) of the statutes is created to read:

SB356-SSA1,14,13 97.42 (1) (dm) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a).

SB356-SSA1, s. 60 Section 60. 97.42 (3) (em) of the statutes is amended to read:

SB356-SSA1,14,22 97.42 (3) (em) (title) Slaughter of commercially raised farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a commercially raised farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which commercially raised farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

SB356-SSA1, s. 61 Section 61. 97.42 (4) (em) of the statutes is amended to read:

SB356-SSA1,15,3 97.42 (4) (em) The rate at which an operator of an establishment that slaughters commercially raised farm-raised deer or processes the meat products of commercially raised farm-raised deer shall pay the costs of examination and inspection under sub. (3) (em) and the manner in which the department shall collect those amounts.

SB356-SSA1, s. 62 Section 62. 97.42 (5) (b) of the statutes is amended to read:

SB356-SSA1,15,11 97.42 (5) (b) No county or municipality may collect any fees or charges for meat or poultry inspection or enforcement from any licensee under this section, except for overtime inspection work and the inspection of commercially raised farm-raised deer. Charges for overtime or for the inspection of commercially raised farm-raised deer shall be on the same basis as and shall not exceed charges for overtime work or for the inspection of commercially raised farm-raised deer prescribed by this section or by the rules of the department.

SB356-SSA1, s. 63 Section 63. 97.44 (3) of the statutes is amended to read:

SB356-SSA1,15,15 97.44 (3) As used in this section "animals" means cattle, sheep, goats, swine, equines, farm-raised deer, as defined in s. 95.001 (1) (a), and poultry, except in the phrase "animal feed manufacturers".

SB356-SSA1, s. 64 Section 64. 174.001 (3) of the statutes is amended to read:

SB356-SSA1,15,19 174.001 (3) "Livestock" means any horse, bovine, sheep, goat, pig, domestic rabbit, farm-raised deer, as defined in s. 95.001 (1) (a), or domestic fowl, including game fowl raised in captivity.

SB356-SSA1, s. 65 Section 65. 895.57 (3) of the statutes is amended to read:

SB356-SSA1,16,2 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575, or 29.578 or 29.58 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

SB356-SSA1, s. 66 Section 66. 943.75 (3) of the statutes is amended to read:

SB356-SSA1,16,11 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575, or 29.578 or 29.58 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

SB356-SSA1, s. 67 Section 67. Nonstatutory provisions.

SB356-SSA1,16,13 (1)  Bovine tuberculosis testing.

SB356-SSA1,16,15 (a)  In this subsection, "farm-raised deer" has the meaning given in section 95.001 (1) (a) of the statutes, as created by this act.

SB356-SSA1,16,21 (b)  Except as provided in paragraph (c), a person who keeps farm-raised deer shall have those farm-raised deer tested for bovine tuberculosis after the effective date of this paragraph or after the date on which the farm-raised deer are enclosed by fencing that complies with section 90.20 of the statutes, as created by this act, whichever is later, and before the first day of the first month beginning 18 months after the effective date of this paragraph.

SB356-SSA1,17,2 (c)  The requirement for bovine tuberculosis testing under paragraph (b) does not apply to a person who had his or her farm-raised deer tested for bovine tuberculosis on or before the effective date of this paragraph if the person's farm-raised deer have been enclosed by fencing that complies with section 90.20 of the statutes, as created by this act, since that testing and any farm-raised deer acquired by the person since that testing are known to be free of bovine tuberculosis.

SB356-SSA1,17,5 (d)  This subsection does not limit the authority of the department of agriculture, trade and consumer protection under section 95.25 (1) to (6) of the statutes.

SB356-SSA1,17,7 (e)  A person who violates this subsection is subject to the penalties in section 95.99 of the statutes.

SB356-SSA1, s. 68 Section 68. Effective dates. This act takes effect on the day after publication, except as follows:

SB356-SSA1,17,16 (1)  The treatment of sections 29.01 (2r), 29.02 (3m), 29.03 (8), 29.05 (5), (6), (6m) and (8) (b), 29.06 (1), (2) and (3), 29.092 (9) (hg) and (hr), 29.093 (9) (gm) and (gr), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.) and (3), 29.55 (2m), 29.574 (1m), 29.578 (1m), 29.58, 29.581, 29.583 (1) and (3), 29.585 (2) (a), 29.586 (4), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 95.55, 95.68 (1) (d), 895.57 (3) and 943.75 (3) of the statutes takes effect on the first day of the 12th month beginning after publication.

SB356-SSA1,17,17 (End)