June 6, 2017 - Introduced by Representatives Wachs, Milroy, Meyers, Barca,
Berceau, Billings, Brostoff, Considine, Fields, Hesselbein, Mason,
Ohnstad, Spreitzer, Subeck and Zamarripa, cosponsored by Senators Miller
and Carpenter. Referred to Committee on Natural Resources and Sporting
Heritage.
AB374,1,6 1An Act to renumber 90.20 (1) (a); to amend 20.370 (1) (mu), 20.370 (3) (mu),
290.21 (2) (b), 90.21 (3) (c), 90.21 (6), 90.21 (7), 95.55 (1) (c) (intro.), 169.38 (1)
3(intro.) and 169.38 (2) (d); and to create 90.20 (1) (ag), 90.20 (2) (f), 90.20 (5),
4(6), (7) and (8), 90.21 (6m), 90.22 and 95.55 (1) (c) 7. of the statutes; relating
5to:
fence requirements for deer farms, granting rule-making authority, and
6making appropriations.
Analysis by the Legislative Reference Bureau
This bill subjects the fences that enclose deer farms to additional requirements,
especially if chronic wasting disease (CWD) is confirmed in a farm-raised deer that
is kept in captivity on the deer farm. Under the bill, “farm-raised deer” means any
animal of the cervid family, which includes white-tailed deer, non-white-tailed deer,
reindeer, elk, and moose, that is kept in captivity. The bill requires each deer farm
to pay a fee for and hold a fence inspection certificate issued by the Department of
Natural Resources after DNR inspects the fence enclosing the deer farm and
determines that it meets certain requirements. The bill provides that a fence
inspection certificate for a deer farm is valid for two years, except that a fence
inspection certificate for a deer farm is valid for one year if CWD has been confirmed
in a farm-raised deer kept in captivity on that deer farm. Current law requires that
fences enclosing a deer farm meet certain specifications but does not require a fence
inspection certificate for a deer farm unless the deer farm keeps at least one

white-tailed deer. Under current law, the fence inspection certificates for deer farms
keeping white-tailed deer are valid for approximately ten years.
Further, the bill requires deer farms to install an electronic monitoring system,
or other system approved by DNR, on each gate in the perimeter fence enclosing a
deer farm. Additionally, under the bill, if CWD is confirmed in a farm-raised deer,
the deer farm must install, within 30 days, either 1) a double-perimeter fence, with
each layer of the fence meeting the mandatory specifications; or 2) an electric fence
that meets requirements established by DNR by rule.
The bill requires that if the farm-raised deer kept on a deer farm have been
removed because CWD is confirmed at that deer farm, the operator of the deer farm,
or the landowner, must maintain the fences enclosing the deer farm until DNR and
the Department of Agriculture, Trade and Consumer Protection certify that the deer
farm has been free of CWD prions for five years. If a fence fails to meet the
specifications under the bill, DNR must issue an order to the person who is required
to maintain the fence to bring it into compliance within ten days. The bill grants
DNR authority to inspect the fence enclosing deer farms containing
non-white-tailed deer at any time. DNR has authority under current law to inspect
the fences enclosing white-tailed deer farms at any time.
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:
AB374,1 1Section 1. 20.370 (1) (mu) of the statutes is amended to read:
AB374,2,102 20.370 (1) (mu) General program operations — state funds. The amounts in
3the schedule for general program operations that do not relate to the management
4and protection of the state's fishery resources and that are conducted under ss. 23.09
5to 23.11, 27.01, 30.203, 30.277, and 90.21 90.20 to 90.22, and chs. 29 and 169, for
6activities conducted under the ecological inventory and monitoring program of the
7endangered resources program, for the aquatic and terrestrial resources inventory
8under s. 23.09 (2) (km), and for payments of $53,700 in each fiscal year, to be credited
9to the appropriation account under s. 20.285 (1) (k), to the University of Wisconsin
10System for outdoor skills training under s. 29.598.
AB374,2 11Section 2. 20.370 (3) (mu) of the statutes is amended to read:
AB374,3,4
120.370 (3) (mu) General program operations — state funds. The amounts in
2the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21 90.20 to
390.22
, and 323.12 (2) (c) and chs. 29, 30, and 169 and for review of environmental
4impact requirements under ss. 1.11 and 23.40.
AB374,3 5Section 3. 90.20 (1) (a) of the statutes is renumbered 90.20 (1) (ar).
AB374,4 6Section 4. 90.20 (1) (ag) of the statutes is created to read:
AB374,3,77 90.20 (1) (ag) “Department” means the department of natural resources.
AB374,5 8Section 5. 90.20 (2) (f) of the statutes is created to read:
AB374,3,109 90.20 (2) (f) Each gate in the fence has an electronic monitoring system, or other
10system approved by the department by rule, that indicates when the gate is open.
AB374,6 11Section 6. 90.20 (5), (6), (7) and (8) of the statutes are created to read:
AB374,3,1512 90.20 (5) Inspection certificates. (a) No person may keep farm-raised deer
13that are not white-tailed deer unless the deer are contained in a fenced area for
14which the person holds a valid fence inspection certificate issued by the department
15under this subsection.
AB374,3,1916 (b) The department may not issue a fence inspection certificate for a fence that
17is used to contain farm-raised deer that are not white-tailed deer unless the
18department inspects the fence and determines that the fence satisfies all of the
19following requirements:
AB374,3,2020 1. The requirements under sub. (2).
AB374,3,2221 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
22kept in captivity on the deer farm, the requirements under s. 90.22 (2).
AB374,3,2423 (c) Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate issued under
24this subsection is valid for 2 years from the date of issuance.
AB374,4,3
1(d) Subject to s. 95.55 (1) (c), no person may apply for registration under s. 95.55
2in order to keep farm-raised deer that are not white-tailed deer without being first
3issued a fence inspection certificate under this subsection.
AB374,4,64 (e) Notwithstanding pars. (a) and (b), a person may keep farm-raised deer and
5the department shall issue a fence inspection certificate under this subsection if all
6of the following apply:
AB374,4,77 1. The requirements of s. 95.55 (1) (c) are satisfied.
AB374,4,98 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
9kept in captivity on the deer farm, the requirements under s. 90.22 (2) are satisfied.
AB374,4,12 10(6) Fees. (a) The fee for a fence inspection certificate issued under sub. (5) is
11$50 for a fenced area that is fewer than 80 acres in size and $100 for a fenced area
12that is 80 acres or more in size.
AB374,4,1613 (b) If a person expands a fenced area that is fewer than 80 acres in size during
14the period that the fence inspection certificate issued under sub. (5) is valid so that
15the fenced area is 80 acres or more in size, the person shall apply for a new fence
16inspection certificate and pay an additional fee of $50.
AB374,4,22 17(7) Enforcement authority. If a person or fence fails to comply with the
18requirements under sub. (2) or s. 90.22 (2) or (3), the department shall issue an order
19directing the person who is required to maintain the fence to bring the fence into
20compliance within 10 days after the issuance of the order. If the person fails to
21comply with the order within 10 days of its issuance, the department may revoke the
22applicable fence inspection certificate issued under sub. (5).
AB374,5,2 23(8) Penalties. (a) A court may suspend the fence inspection certificate issued
24under sub. (5) of a person who violates this section, and may issue an order

1prohibiting the person from being issued another fence inspection certificate, for a
2combined period totaling not more than 3 years.
AB374,5,53 (b) A court may suspend the registration issued under s. 95.55 of a person who
4violates this section, and may issue an order prohibiting the person from being
5granted another registration, for a combined period totaling not more than 3 years.
AB374,7 6Section 7. 90.21 (2) (b) of the statutes is amended to read:
AB374,5,107 90.21 (2) (b) The department may not issue a fence inspection certificate under
8this section for a fence that is used to contain farm-raised deer that are white-tailed
9deer unless the department inspects the fence and determines that the fence meets
10the requirements established by the department by rule under sub. (6).
AB374,8 11Section 8. 90.21 (3) (c) of the statutes is amended to read:
AB374,5,1412 90.21 (3) (c) A Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate
13issued under par. (a) or (b) shall be valid for 2 years from the date of issuance until
14the 10th December 31 following the date of issuance
.
AB374,9 15Section 9. 90.21 (6) of the statutes is amended to read:
AB374,5,2016 90.21 (6) Rules. The Subject to sub. (6m), the department shall promulgate
17rules to establish requirements for fences for which fence inspection certificates are
18issued under this section. If the rules include provisions authorizing the placement
19of fences in navigable bodies of water, s. 30.12 does not apply to fences placed in
20compliance with these rules.
AB374,10 21Section 10. 90.21 (6m) of the statutes is created to read:
AB374,5,2422 90.21 (6m) Fence specifications. The rules promulgated under sub. (6) shall
23require any person who keeps farm-raised deer that are white-tailed deer to keep
24those deer enclosed by a fence that satisfies all of the following requirements:
AB374,6,2
1(a) Each gate in the fence has an electronic monitoring system, or other system
2approved by the department by rule, that indicates when the gate is open.
AB374,6,43 (b) If chronic wasting disease has been confirmed in a farm-raised deer that
4was kept in captivity on the deer farm, the requirements under s. 90.22 (2).
AB374,11 5Section 11. 90.21 (7) of the statutes is amended to read:
AB374,6,116 90.21 (7) Enforcement authority. If a person or fence fails to comply with the
7requirements established under s. 90.22 (2) or (3) or by rule under sub. (6), the
8department may shall issue an order directing the person who is required to
9maintain the fence to bring the fence into compliance within 10 days after the
10issuance of the order. If the person fails to comply with the order within 10 days of
11its issuance, the department may revoke the applicable fence inspection certificate.
AB374,12 12Section 12. 90.22 of the statutes is created to read:
AB374,6,14 1390.22 Fence requirements if chronic wasting disease confirmed at
14deer farm.
(1) Definitions. In this section:
AB374,6,1515 (a) “Department” means the department of natural resources.
AB374,6,1616 (b) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag).
AB374,6,20 17(2) Fence requirements. (a) Any person who keeps farm-raised deer, within
1830 days after chronic wasting disease is confirmed in a farm-raised deer that was
19kept in captivity on the deer farm, shall keep the farm-raised deer enclosed by a
20fence that is either of the following:
AB374,6,2521 1. A double-perimeter fence, with each fence meeting the requirements
22established under s. 90.20 (2), if the deer farm contains only farm-raised deer that
23are not white-tailed deer, or the requirements established by the department by rule
24under s. 90.21 (6), if the deer farm contains farm-raised deer that are white-tailed
25deer. The 2 fences shall be at least 10 feet but not more than 16 feet apart.
AB374,7,3
12. An electric fence consisting of strands of strong, tightly stretched wire,
2charged by an electric or battery fencer and that complies with all requirements
3established by rule under sub (4) (b).
AB374,7,94 (b) If chronic wasting disease is confirmed in a farm-raised deer that is kept
5in captivity on the deer farm, the deer farm must obtain a new fence inspection
6certificate and pay the fence inspection fee, under s. 90.20, if the deer farm contains
7only farm-raised deer that are not white-tailed deer, or s. 90.21, if the deer farm
8contains farm-raised deer that are white-tailed deer, within 30 days of making a
9material change in the location of the deer farm's perimeter fence.
AB374,7,18 10(3) Maintenance after depopulation. If a farm-raised deer has been removed
11from a deer farm because chronic wasting disease has been confirmed on the deer
12farm, the person who operates the deer farm or owns the land shall maintain the
13fences enclosing the deer farm in compliance with the requirements established
14under sub. (2) and s. 90.20 (2), if the deer farm contains only farm-raised deer that
15are not white-tailed deer, or by the department by rule under s. 90.21 (6), if the deer
16farm contains farm-raised deer that are white-tailed deer, until the department and
17the department of agriculture, trade and consumer protection certify that the deer
18farm has been free of chronic wasting disease prions for 5 years.
AB374,7,20 19(4) Rules. (a) The department shall promulgate rules specifying a standard
20for determining that a deer farm is free of chronic wasting disease prions.
AB374,7,2221 (b) The department shall promulgate rules stating the specifications that an
22electric fence required under sub. (2) (a) shall satisfy.
AB374,8,2 23(5) Inspection certificates. (a) If chronic wasting disease is confirmed in a
24farm-raised deer that was kept in captivity on a deer farm at which chronic wasting

1disease has not been confirmed before, the fence inspection certificate issued to the
2deer farm under s. 90.20 (5) or 90.21 expires on the earlier of the following dates:
AB374,8,33 1. Two years after the date of issuance of the fence inspection certificate.
AB374,8,54 2. Two months after the date that chronic wasting is confirmed in a farm-raised
5deer that is kept in captivity on the deer farm.
AB374,8,106 (b) Each fence inspection certificate issued to a deer farm after a fence
7inspection certificate expires under par. (a) is valid for one year after the date of
8issuance until the department and the department of agriculture, trade and
9consumer protection certify that the deer farm has been free of chronic wasting
10disease prions for 5 years.
AB374,13 11Section 13. 95.55 (1) (c) (intro.) of the statutes is amended to read:
AB374,8,1412 95.55 (1) (c) (intro.) The department shall register a person to keep farm-raised
13deer in a fenced area that is located in this state and another state without having
14the entire area in this state enclosed with a fence only if all of the following apply:
AB374,14 15Section 14. 95.55 (1) (c) 7. of the statutes is created to read:
AB374,8,1716 95.55 (1) (c) 7. Chronic wasting disease has not been confirmed in a
17farm-raised deer that was kept in captivity, at any time, in the fenced area.
AB374,15 18Section 15. 169.38 (1) (intro.) of the statutes is amended to read:
AB374,9,219 169.38 (1) Departmental authority. (intro.) For purposes of enforcing s. 90.21
20and rules promulgated under that section and, ch. 29 and rules promulgated under
21that chapter, s. 90.20 and rules promulgated under that section, and s. 90.22, with
22respect to a person who keeps farm-raised deer that are white-tailed deer, and for
23purposes of enforcing this chapter and ch. 29 and rules promulgated under this
24chapter and ch. 29, with respect to a person who keeps farm-raised game birds or
25wild animals under a license issued under s. 95.68, 95.69, or 95.71, a conservation

1warden or representative of the department, upon presenting his or her credentials
2to that person, may do any of the following:
AB374,16 3Section 16. 169.38 (2) (d) of the statutes is amended to read:
AB374,9,74 169.38 (2) (d) At any time, if the inspection is limited to determining whether
5a fence that is used to contain farm-raised deer that are white-tailed deer complies
6with the requirements established by rule under s. 90.21 (6) or the requirements
7established under s. 90.20 (2) or 90.22 (2) or (3)
.
AB374,17 8Section 17. Nonstatutory provisions.
AB374,9,129 (1) Existing fence inspection certificates. Notwithstanding section 90.21 (3)
10(c) of the statutes, a fence inspection certificate that was issued more than 2 years
11before the effective date of this subsection and that is valid on the effective date of
12this subsection expires one year after the effective date of this subsection.
AB374,9,1813 (2) Study of deer farm gates. The department of natural resources shall
14conduct a study concerning the prevention of farm-raised deer from crossing
15through open gates in the fences enclosing deer farms. The department of natural
16resources shall submit a report of its findings under the study to the legislature in
17the manner provided under section 13.172 (2) of the statutes no later than the first
18day of the 13th month beginning after the effective date of this subsection.
AB374,18 19Section 18. Initial applicability.
AB374,9,2320 (1) The treatment of section 90.20 (5) of the statutes first applies to applications
21for a registration under section 95.55 of the statutes that are received by the
22department of agriculture, trade and consumer protection on the effective date of this
23subsection.
AB374,19 24Section 19. Effective date.
AB374,10,1
1(1) This act takes effect on the 45th day after the day of publication.
AB374,10,22 (End)
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