2001 - 2002 LEGISLATURE
May 14, 2002 - Introduced by Committee on Senate Organization. Referred to
Committee on Environmental Resources.
SB1,1,8 1An Act to repeal 29.181 (3) and 29.559 (1r) (b); to renumber 29.307 and 29.559
2(1r) (a); to amend 20.370 (5) (fq), 29.971 (7), 29.971 (11) and 167.31 (2) (d); and
3to create 20.370 (5) (fs), 20.370 (5) (fv), 29.063, 29.307 (2), 29.307 (3), 29.335
4and 167.31 (4) (bg) of the statutes; relating to: chronic wasting disease,
5hunting animals from aircraft, feeding of wild animals for purposes other than
6hunting, shooting a firearm or arrow from or across a highway, requiring a lapse
7to the general fund, authorizing the extension of emergency rules, requiring the
8exercise of rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill does the following in relation to controlling chronic wasting disease in
this state:
1. Provides funding of up to $2,000,100 in fiscal year 2002-03, from the
revenues from the wildlife damage surcharge collected on the sale of most hunting
licenses, to manage, and conduct testing for, chronic wasting disease in cervids, a
class which consists of all species of deer and elk.
2. Authorizes the department of natural resources (DNR) to supplement this
funding by up to $2,000,000 from segregated fund sources such as the conservation
fund or the recycling fund. Of this amount, no more than $1,000,000 may come from
wildlife damage surcharge revenues.

3. Provides a portion of the funding specified above to the veterinary diagnostic
laboratory for the purpose of testing cervids for chronic wasting disease.
The bill requires that DNR promulgate rules to regulate the recreational and
supplemental feeding of wild animals for purposes other than hunting. The bill
exempts any state or federal employee from the ban against shooting firearms or
arrows across or from a highway or from hunting from an aircraft if the state or
federal employee is acting in the course of his or her employment and if the employee
is authorized by DNR to take animals in the wild for purposes of testing for disease
or for removing diseased animals. These exemptions are further limited to hunting
only animals that are located in a chronic wasting disease eradication zone as
designated by DNR.
The provisions regarding the regulation and supplemental feeding, the
shooting of firearms and arrows, and hunting from aircraft sunset on August 31,
2003, unless the standing committees for natural resources matters of each house of
the legislature determine that in order to control the spread of disease it is necessary
to continue these provisions.
Under current law, an emergency rule remains in effect for 150 days, except
that the joint committee for review of administrative rules (JCRAR) may extend an
emergency rule for a maximum of 120 additional days. This bill authorizes JCRAR
to extend the department of agriculture, trade and consumer protection's emergency
rule related to chronic wasting disease in cervids, which took effect on April 9, 2002,
until September 1, 2003.
The bill lapses $933,900 from the appropriation to the University of Wisconsin
System for the veterinary diagnostic laboratory to the general fund.
For further information see the state and local 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:
SB1, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB1, s. 2 1Section 2. 20.370 (5) (fq) of the statutes is amended to read:
SB1,3,72 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received
3under ss. 29.181 (3), 29.559 (1r) (b) , and 29.563 (13) and not appropriated under par.
4pars. (fr), (fs), and (fv) and sub. (1) (Ls) to provide state aid for the wildlife damage
5abatement program under s. 29.889 (5) (c) and the wildlife damage claim program
6under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and
7for payments under s. 29.89.
SB1, s. 3 8Section 3. 20.370 (5) (fs) of the statutes is created to read:
SB1,3,119 20.370 (5) (fs) Chronic wasting disease management. From the moneys
10received under ss. 29.181, 29.559 (1r), and 29.563 (13), the amounts in the schedule
11for the management of, and testing for, chronic wasting disease under s. 29.063.
SB1, s. 4 12Section 4. 20.370 (5) (fv) of the statutes is created to read:
SB1,3,1513 20.370 (5) (fv) Chronic wasting disease management — supplemental funds.
14The amounts in the schedule for the management of, and testing for, chronic wasting
15disease under s. 29.063.
SB1, s. 5 16Section 5. 29.063 of the statutes is created to read:
SB1,3,19 1729.063 Management of chronic wasting disease. The department may
18manage, and provide funding to conduct testing for, chronic wasting disease in
19cervids.
SB1, s. 6 20Section 6. 29.181 (3) of the statutes is repealed.
SB1, s. 7 21Section 7. 29.307 of the statutes is renumbered 29.307 (1).
SB1, s. 8 22Section 8. 29.307 (2) of the statutes is created to read:
SB1,4,3
129.307 (2) Notwithstanding sub. (1), a state or federal employee acting within
2the scope of his or her employment may hunt an animal in the wild with the aid of
3an aircraft if all of the following apply:
SB1,4,64 (a) The employee is authorized by the department to take the animal for the
5purpose of testing for disease in animals or for the purpose of removing diseased
6animals.
SB1,4,87 (b) The employee is hunting in an area designated by the department as a
8chronic wasting disease eradication zone.
SB1, s. 9 9Section 9. 29.307 (3) of the statutes is created to read:
SB1,4,1810 29.307 (3) Subsection (2) does not apply after August 31, 2003, unless the
11standing committee for natural resources matters of each house of the legislature,
12as designated by each presiding officer, determines by majority vote, on or before
13August 31, 2003, that in order to control the spread of disease in animals sub. (2) shall
14continue to apply after August 31, 2003. If the standing committees make this
15determination, the chairperson of each of these standing committees shall promptly
16notify the revisor of statutes of the committee's determination. Upon receipt of such
17notification, the revisor shall publish a copy of the notification in the Wisconsin
18Administrative Register.
SB1, s. 10 19Section 10. 29.335 of the statutes is created to read:
SB1,5,6 2029.335 Feeding wild animals for nonhunting purposes. The department
21shall promulgate rules to regulate the recreational and supplemental feeding of wild
22animals for purposes other than hunting. Any rules promulgated under this section
23do not apply after August 31, 2003, unless the standing committee for natural
24resources matters of each house of the legislature, as designated by each presiding
25officer, determines by majority vote, on or before August 31, 2003, that in order to

1control the spread of disease in wild animals this section shall continue to apply after
2August 31, 2003. If the standing committees make this determination, the
3chairperson of each of these standing committees shall promptly notify the revisor
4of statutes of the committee's determination. Upon receipt of such notification, the
5revisor shall publish a copy of the notification in the Wisconsin Administrative
6Register.
SB1, s. 11 7Section 11. 29.559 (1r) (a) of the statutes is renumbered 29.559 (1r).
SB1, s. 12 8Section 12. 29.559 (1r) (b) of the statutes is repealed.
SB1, s. 13 9Section 13. 29.971 (7) of the statutes is amended to read:
SB1,5,1410 29.971 (7) For the violation of s. 29.307 (1), by a fine of not more than $1,000
11for the first violation and not more than $2,000 for subsequent violations or
12imprisonment for not more than 90 days, or both, and by a mandatory 3-year
13revocation of all hunting, fishing, and trapping approvals. An aircraft used in the
14violation is a public nuisance.
SB1, s. 14 15Section 14. 29.971 (11) of the statutes is amended to read:
SB1,5,2316 29.971 (11) For hunting deer without the required approval, during the closed
17season, with the aid of artificial light or with the aid of an aircraft, except as provided
18in s. 29.307 (2),
for the snaring of or setting snares for deer , or for the possession or
19control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than
20$1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both.
21In addition, the court shall order the revocation of all approvals issued to the person
22under this chapter and shall prohibit the issuance of any new approval under this
23chapter to the person for 3 years.
SB1, s. 15 24Section 15. 167.31 (2) (d) of the statutes, as affected by 2001 Wisconsin Act 8,
25is amended to read:
SB1,6,3
1167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person
2may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or
3across a highway or within 50 feet of the center of a roadway.
SB1, s. 16 4Section 16. 167.31 (4) (bg) of the statutes is created to read:
SB1,6,105 167.31 (4) (bg) 1. Subsection (2) (b), (c), and (d) does not apply to a state or
6federal employee, acting within the scope of his or her employment, who is
7authorized by the department of natural resources to take animals in the wild for the
8purpose of testing for disease in animals or for the purpose of removing diseased
9animals and who is hunting in an area designated by the department of natural
10resources as a chronic wasting disease eradication zone.
SB1,6,1911 2. This paragraph does not apply after August 31, 2003, unless the standing
12committee for natural resources matters of each house of the legislature, as
13designated by each presiding officer, determines by majority vote, on or before
14August 31, 2003, that in order to control the spread of disease in animals subd. 1.
15shall continue to apply after August 31, 2003. If the standing committees make this
16determination, the chairperson of each of these standing committees shall promptly
17notify the revisor of statutes of the committee's determination. Upon receipt of such
18notification, the revisor shall publish a copy of the notification in the Wisconsin
19Administrative Register.
SB1, s. 17 20Section 17. Nonstatutory provisions.
SB1,7,421 (1) Plan. If the department of natural resources determines that there are
22insufficient funds available under section 20.370 (5) (fs) of the statutes, as created
23by this act, for the management of, and testing for, chronic wasting disease in cervids
24during fiscal year 2002-03, the department may develop a plan, for submission to the
25joint committee on finance for review, detailing the means by which the department

1shall manage, and test for, chronic wasting disease in cervids. If the department
2develops a plan under this subsection, the department shall recommend funding
3sources and expenditures for implementing the plan. In making these
4recommendations, the department may not do any of the following:
SB1,7,55 (a) Recommend the expenditure of funds from the general fund.
SB1,7,66 (b) Recommend the expenditure of more than $2,000,000.
SB1,7,87 (c) Recommend the expenditure of more than $1,000,000 from moneys received
8under sections 29.181, 29.559 (1r), and 29.563 (13) of the statutes.
SB1,7,99 (2) Joint committee on finance review.
SB1,7,1310 (a) If the cochairpersons of the joint committee on finance do not notify the
11department of natural resources within 14 working days after the date of the
12submittal of the plan under subsection (1 ) that the committee has scheduled a
13meeting for the purpose of reviewing the plan, all of the following shall apply:
SB1,7,14 141. The department shall implement the plan.
SB1,7,16 152. If the plan specifies the expenditure of funds from a segregated fund other
16than the conservation fund, the funds are transferred to the conservation fund.
SB1,7,19 173. The appropriation under section 20.370 (5) (fv) of the statutes, as created by
18this act, is supplemented from the appropriation under section 20.865 (4) (u) of the
19statutes by the amount specified under the plan.
SB1,8,320 (b) If, within 14 working days after the date of the submittal by the department
21of natural resources, the cochairpersons of the joint committee on finance notify the
22department that the committee has scheduled a meeting to review the plan, the
23department may not implement the plan without approval of the committee. The
24committee may disapprove or modify the plan. If the committee modifies the plan,
25the committee may transfer funds to the conservation fund from another segregated

1fund as is necessary to implement the plan. Notwithstanding section 13.101 (3) (a)
2of the statutes, no finding is required to be made that an emergency exists before
3transferring the funds under this paragraph.
SB1,8,84 (3) Department of natural resources positions. The authorized FTE positions
5for the department of natural resources are increased by 3.0 SEG project positions,
6to be funded from the appropriation under section 20.370 (5) (fs) of the statutes, as
7created by this act, for the purpose of managing and testing for chronic wasting
8disease.
SB1,8,99 (4) Emergency rules relating to chronic wasting disease in cervids.
SB1,8,1610 (a) Notwithstanding section 227.24 (2) (a) of the statutes, the joint committee
11for review of administrative rules may extend the effective period of emergency rules
12promulgated by the department of agriculture, trade and consumer protection
13relating to chronic wasting disease in cervids that took effect on April 9, 2002, for
14periods specified by the committee and may grant any number of extensions, except
15that the committee may not extend the effective period of the rules beyond
16September 1, 2003.
SB1,8,2017 (b) The department of agriculture, trade and consumer protection may amend
18the emergency rules described in paragraph (a ), while those rules are in effect, using
19the procedure in section 227.24 of the statutes, and any amendment remains in effect
20for the period provided under paragraph (a ).
SB1,8,2121 (5) Veterinary diagnostic laboratory.
SB1,8,2522 (a) The department of natural resources shall expend, in fiscal year 2002-03,
23a total of $901,600 from the appropriations under section 20.370 (5) (fs) and (fv) of
24the statutes, as created by this act, for the purpose of testing cervids for chronic
25wasting disease by the veterinary diagnostic laboratory.
SB1,9,4
1(b) The authorized FTE positions for the board of regents of the University of
2Wisconsin System are increased by 6.0 PR positions, to be funded from the
3appropriation under section 20.285 (1) (kg) of the statutes, for the purpose of testing
4cervids for chronic wasting disease by the veterinary diagnostic laboratory.
SB1, s. 18 5Section 18. Appropriation changes.
SB1,9,96 (1) Veterinary diagnostic laboratory lapse. Notwithstanding section 20.001
7(3) (c) of the statutes, on June 30, 2002, there is lapsed to the general fund $933,900
8from the appropriation account of the board of regents of the University of Wisconsin
9System under section 20.285 (1) (je) of the statutes, as affected by the acts of 2001.
SB1,9,1010 (End)
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