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:
SB68-ASA1,6,1818 (a) “Department” means the department of natural resources.
SB68-ASA1,6,1919 (b) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag).
SB68-ASA1,6,23 20(2) Fence requirements. (a) Any person who keeps farm-raised deer, within
2130 days after chronic wasting disease is confirmed in a farm-raised deer that was
22kept in captivity on the deer farm, shall keep the farm-raised deer enclosed by a
23fence that is either of the following:
SB68-ASA1,7,324 1. A double-perimeter fence, with each fence meeting the requirements
25established under s. 90.20 (2), if the deer farm contains only farm-raised deer that

1are not white-tailed deer, or the requirements established by the department by rule
2under s. 90.21 (6), if the deer farm contains farm-raised deer that are white-tailed
3deer. The 2 fences shall be at least 10 feet but not more than 16 feet apart.
SB68-ASA1,7,64 2. An electric fence consisting of strands of strong, tightly stretched wire,
5charged by an electric or battery fencer and that complies with all requirements
6established by rule under sub (4) (b).
SB68-ASA1,7,127 (b) If chronic wasting disease is confirmed in a farm-raised deer that is kept
8in captivity on the deer farm, the deer farm must obtain a new fence inspection
9certificate and pay the fence inspection fee, under s. 90.20, if the deer farm contains
10only farm-raised deer that are not white-tailed deer, or s. 90.21, if the deer farm
11contains farm-raised deer that are white-tailed deer, within 30 days of making a
12material change in the location of the deer farm's perimeter fence.
SB68-ASA1,7,21 13(3) Maintenance after depopulation. If a farm-raised deer has been removed
14from a deer farm because chronic wasting disease has been confirmed on the deer
15farm, the person who operates the deer farm or owns the land shall maintain the
16fences enclosing the deer farm in compliance with the requirements established
17under sub. (2) and s. 90.20 (2), if the deer farm contains only farm-raised deer that
18are not white-tailed deer, or by the department by rule under s. 90.21 (6), if the deer
19farm contains farm-raised deer that are white-tailed deer, until the department and
20the department of agriculture, trade and consumer protection certify that the deer
21farm has been free of chronic wasting disease prions for 5 years.
SB68-ASA1,7,23 22(4) Rules. (a) The department shall promulgate rules specifying a standard
23for determining that a deer farm is free of chronic wasting disease prions.
SB68-ASA1,7,2524 (b) The department shall promulgate rules stating the specifications that an
25electric fence required under sub. (2) (a) shall satisfy.
SB68-ASA1,8,4
1(5) Inspection certificates. (a) If chronic wasting disease is confirmed in a
2farm-raised deer that was kept in captivity on a deer farm at which chronic wasting
3disease has not been confirmed before, the fence inspection certificate issued to the
4deer farm under s. 90.20 (5) or 90.21 expires on the earlier of the following dates:
SB68-ASA1,8,55 1. Two years after the date of issuance of the fence inspection certificate.
SB68-ASA1,8,76 2. Two months after the date that chronic wasting is confirmed in a farm-raised
7deer that is kept in captivity on the deer farm.
SB68-ASA1,8,128 (b) Each fence inspection certificate issued to a deer farm after a fence
9inspection certificate expires under par. (a) is valid for one year after the date of
10issuance until the department and the department of agriculture, trade and
11consumer protection certify that the deer farm has been free of chronic wasting
12disease prions for 5 years.
SB68-ASA1,13 13Section 13 . 95.55 (1) (c) (intro.) of the statutes is amended to read:
SB68-ASA1,8,1614 95.55 (1) (c) (intro.) The department shall register a person to keep farm-raised
15deer in a fenced area that is located in this state and another state without having
16the entire area in this state enclosed with a fence only if all of the following apply:
SB68-ASA1,14 17Section 14 . 95.55 (1) (c) 7. of the statutes is created to read:
SB68-ASA1,8,1918 95.55 (1) (c) 7. Chronic wasting disease has not been confirmed in a
19farm-raised deer that was kept in captivity, at any time, in the fenced area.
SB68-ASA1,15 20Section 15 . 169.38 (1) (intro.) of the statutes is amended to read:
SB68-ASA1,9,421 169.38 (1) Departmental authority. (intro.) For purposes of enforcing s. 90.21
22and rules promulgated under that section and, ch. 29 and rules promulgated under
23that chapter, s. 90.20 and rules promulgated under that section, and s. 90.22, with
24respect to a person who keeps farm-raised deer that are white-tailed deer, and for
25purposes of enforcing this chapter and ch. 29 and rules promulgated under this

1chapter and ch. 29, with respect to a person who keeps farm-raised game birds or
2wild animals under a license issued under s. 95.68, 95.69, or 95.71, a conservation
3warden or representative of the department, upon presenting his or her credentials
4to that person, may do any of the following:
SB68-ASA1,16 5Section 16 . 169.38 (2) (d) of the statutes is amended to read:
SB68-ASA1,9,96 169.38 (2) (d) At any time, if the inspection is limited to determining whether
7a fence that is used to contain farm-raised deer that are white-tailed deer complies
8with the requirements established by rule under s. 90.21 (6) or the requirements
9established under s. 90.20 (2) or 90.22 (2) or (3)
.
SB68-ASA1,17 10Section 17 . Nonstatutory provisions.
SB68-ASA1,9,1411 (1) Existing fence inspection certificates. Notwithstanding section 90.21 (3)
12(c) of the statutes, a fence inspection certificate that was issued more than 2 years
13before the effective date of this subsection and that is valid on the effective date of
14this subsection expires one year after the effective date of this subsection.
SB68-ASA1,9,2015 (2) Study of deer farm gates. The department of natural resources shall
16conduct a study concerning the prevention of farm-raised deer from crossing
17through open gates in the fences enclosing deer farms. The department of natural
18resources shall submit a report of its findings under the study to the legislature in
19the manner provided under section 13.172 (2) of the statutes no later than the first
20day of the 13th month beginning after the effective date of this subsection.
SB68-ASA1,18 21Section 18 . Initial applicability.
SB68-ASA1,9,2522 (1) The treatment of section 90.20 (5) of the statutes first applies to applications
23for a registration under section 95.55 of the statutes that are received by the
24department of agriculture, trade and consumer protection on the effective date of this
25subsection.
SB68-ASA1,19
1Section 19. Effective date.
SB68-ASA1,10,22 (1) This act takes effect on the 45th day after the day of publication.
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