AB483: Bill Text

LRB-3496/1

RCT:jrd:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 483

July 5, 1995 - Introduced by Representatives Ott, Ainsworth, Brandemuehl, Seratti, Baldus, Freese, F. Lasee, Zukowski, Hahn and Olsen, cosponsored by Senator Schultz. Referred to Committee on Agriculture.

AB483,1,7 An Act to repeal 93.07 (24) (b), 95.35 (4), 95.35 (5), 95.64, 95.65 and 95.66; to amend 93.07 (24) (a), 95.001 (1) (a), 95.21 (4) (b), 95.25 (5), 95.25 (5m), 95.26 (7), 95.27 (4), 95.31 (2), 95.31 (3), 95.31 (4), 95.35 (1), 95.35 (3) and 95.37 (1); to repeal and recreate 95.32; and to create 95.26 (5m) and 95.99 (3) of the statutes; relating to: appraisal of and payment for animals that are destroyed because of infectious diseases, livestock remedies, violations of animal health laws, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes changes in the law relating to compensating the owners of animals that are ordered to be destroyed because the animals are diseased or have been exposed to infectious diseases. The programs providing for these payments are sometimes called animal disease indemnity programs.

Current law provides for payments to be made by this state to the owners of certain animals that are ordered by the department of agriculture, trade and consumer protection (DATCP) to be destroyed because of exposure to or infection with rabies, tuberculosis, brucellosis, pseudorabies and scrapie. In addition, DATCP is required to make payments for livestock destroyed because of unidentified diseases and for animals destroyed under emergency programs necessary to control major or serious outbreaks of dangerous diseases affecting domestic animals. This bill retains the provisions for payments under emergency programs and for specific diseases, except for scrapie. This bill replaces the provision for payment in cases of unidentified diseases with a provision for payment for livestock destroyed because of other diseases if the destruction is necessary to protect public health or the livestock industry.

Under current law, the amount of an animal disease indemnity payment varies depending on the disease involved. For example, the payment for tuberculosis equals two-thirds of the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal, but not more than $600, and the payment for pseudorabies equals the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal.

Under this bill, an animal disease indemnity payment, for any disease except pseudorabies, equals two-thirds of the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal, but not more than $1,500 per animal. For pseudorabies, the payment equals the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal, but not more than $1,500 per animal.

Under current law, the value of an animal may be determined by agreement between the owner and DATCP. If there is no agreement, the animal is appraised by 3 persons familiar with the value of livestock, appointed by the circuit court. Under this bill, DATCP determines the appraised value of animals. For an animal that is of a type that is frequently sold at public auction, the appraised value is the average price paid for a commercial grade animal of the same type during a period specified by DATCP, except that the appraised value of a registered purebred animal is 125% of that amount. DATCP is required to develop a method to determine the appraised value of an animal that is not of a type that is frequently sold at public auction.

This bill specifies that indemnities for rabies, brucellosis and tuberculosis and those that are not limited to specific diseases are paid only for animals of species raised primarily to produce food for human consumption.

This bill authorizes DATCP to test swine and commercially raised deer for brucellosis, to order the destruction of animals that react to the test and to quarantine herds from which reactors come.

Under current law, violations of most laws concerning animal health are punishable by criminal penalties. This bill establishes civil penalties, which may be imposed in lieu of the criminal penalties, for violations of most animal health laws.

This bill also repeals current laws relating to the sale and registration of livestock remedies.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB483, s. 1 Section 1. 93.07 (24) (a) of the statutes is amended to read:

AB483,3,3 93.07 (24) (a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product,.

AB483,3,5 (b) To enforce the laws regarding the adulteration or misbranding of any articles of food or, drink, or condiment or drug and to.

AB483,3,9 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink or, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful, and to.

AB483,3,14 (d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB483, s. 2 Section 2. 93.07 (24) (b) of the statutes is repealed.

AB483, s. 3 Section 3. 95.001 (1) (a) of the statutes is amended to read:

AB483,3,18 95.001 (1) (a) "Net salvage value" means the salvage value of an animal plus any federal indemnity paid for the animal.

AB483, s. 4 Section 4. 95.21 (4) (b) of the statutes is amended to read:

AB483,4,4 95.21 (4) (b) Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies. If livestock Except as provided in s. 95.36, if an animal of a species raised primarily to produce food for human consumption is killed under this paragraph, the owner is eligible for an indemnity payment in an amount equal to the indemnity provided under this chapter for livestock destroyed because of unknown or unidentified diseases s. 95.31 (3). If the decision is made by an employe of the department, the indemnity shall be paid from the appropriation under s. 20.115 (2) (b). If the decision is made by another officer, the indemnity shall be paid from the dog license fund.

AB483, s. 5 Section 5. 95.25 (5) of the statutes is amended to read:

AB483,4,12 95.25 (5) For each animal of a species raised primarily to produce food for human consumption, including commercially raised deer, condemned and slaughtered, unless otherwise provided by law except as provided in s. 95.36, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised or agreed value of the animal, but such the payment may not exceed $600 $1,500 for an animal.

AB483, s. 6 Section 6. 95.25 (5m) of the statutes is amended to read:

AB483,4,16 95.25 (5m) In this subsection section, "commercially raised deer" means an animal that is a member of the family cervidae and of the genus cervus or the genus dama and that is commercially raised for breeding or for use as food by humans.

AB483, s. 7 Section 7. 95.26 (5m) of the statutes is created to read:

AB483,4,19 95.26 (5m) (a) In this subsection, "commercially raised deer" has the meaning given in s. 95.25 (5m).

AB483,4,21 (b) The department may obtain blood or tissue samples from swine and commercially raised deer to test for brucellosis.

AB483,4,24 (c) The department may condemn swine and commercially raised deer that are reactors to the brucellosis test and may quarantine the herd from which the reactors come.

AB483, s. 8 Section 8. 95.26 (7) of the statutes is amended to read:

AB483,5,10 95.26 (7) For each animal of a species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m), condemned and slaughtered, unless otherwise provided by law except as provided in ss. 95.36 and 95.48, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised or agreed value of the animal, but such the payment shall may not exceed $300 $1,500 for an animal. With the consent of the owner the department may condemn, in infected herds, animals which have been exposed and which are suspected of being infected, although such the animals have not reacted to the brucellosis tests.

AB483, s. 9 Section 9. 95.27 (4) of the statutes is amended to read:

AB483,5,17 95.27 (4) Subject to sub. (5) and s. 95.36, the department shall indemnify from state or federal funds the owner of swine that have been condemned and destroyed under this section. The department shall pay to the owner for each animal destroyed the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal. State payments shall be made from the appropriation under s. 20.115 (2) (b).

AB483, s. 10 Section 10. 95.31 (2) of the statutes is amended to read:

AB483,6,3 95.31 (2) Whenever the department determines that it is deemed necessary by the department to condemn diseased animals, the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals and agree in writing with the owner as to the value of the animals condemned or destroyed. In the absence of an agreement with the owner, written notice of the condemnation shall be given to the owner, his or her agent or the person in charge of the animals, and to the circuit court of the county in which the animals are located as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.

AB483, s. 11 Section 11. 95.31 (3) of the statutes is amended to read:

AB483,6,17 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26, and 95.27 and 95.35 or under special emergency programs and subject to s. 95.36, 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 other diseases if the condemnation and destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised or agreed values value, but may not to exceed $600 $1,500 for an animal. As used in this subsection, "livestock" means bovines, equines, swine, sheep, goats, poultry and animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m).

AB483, s. 12 Section 12. 95.31 (4) of the statutes is amended to read:

AB483,7,5 95.31 (4) In the event of a major or serious outbreak of dangerous diseases affecting the health of domestic animals requiring special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including commercially raised deer, as defined in s. 95.25 (5m), condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed the maximum amount prescribed by the department for the species type of the destroyed animal $1,500 for an animal.

AB483, s. 13 Section 13. 95.32 of the statutes is repealed and recreated to read:

AB483,7,9 95.32 Appraised value. (1) The department shall determine the appraised value of an animal that is destroyed under s. 95.21 (4) (b), 95.25, 95.26, 95.27 or 95.31 (3) or (4) if the animal's owner is eligible for an indemnity.