SB159: Bill Text

SB159,6,7 29.06 (2) On any such sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in sub. (3).

SB159, s. 10 Section 10. 29.06 (3) of the statutes is amended to read:

SB159,6,15 29.06 (3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.

SB159, s. 11 Section 11. 29.092 (9) (hg) of the statutes is repealed.

SB159, s. 12 Section 12. 29.093 (9) (gm) of the statutes is repealed.

SB159, s. 13 Section 13. 29.40 (5) of the statutes is amended to read:

SB159,7,2 29.40 (5) Car kills. Any person who while operating a motor vehicle on a highway accidentally collides with and kills a deer or so injures the deer that it must be killed may retain possession of such deer the carcass if the person motor vehicle operator has it tagged by any conservation warden, or by any law enforcement officer designated by the department. No fee may be charged for any such the tag. If the motor vehicle operator does not want the carcass, the carcass shall be retained by the department or by an agent of the department, and the procedures governing confiscated carcasses under s. 29.06 (1) do not apply.

SB159, s. 14 Section 14. 29.40 (6) of the statutes is amended to read:

SB159,7,5 29.40 (6) (title) Commercially raised Farm-raised deer. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 15 Section 15. 29.42 (4) of the statutes is amended to read:

SB159,7,10 29.42 (4) (title) Commercially raised Farm-raised deer. This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

SB159, s. 16 Section 16. 29.425 (4m) of the statutes is amended to read:

SB159,7,13 29.425 (4m) Applicability. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 17 Section 17. 29.427 (6) of the statutes is amended to read:

SB159,7,18 29.427 (6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578, 29.58 or 29.585. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.

SB159, s. 18 Section 18. 29.43 (5) (b) of the statutes is amended to read:

SB159,7,22 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 19 Section 19. 29.44 (3) of the statutes is amended to read:

SB159,8,3 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 20 Section 20. 29.45 (6) of the statutes is amended to read:

SB159,8,6 29.45 (6) This section does not apply to the transportation of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 21 Section 21. 29.48 (1m) of the statutes is amended to read:

SB159,8,9 29.48 (1m) Subsection (1) does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 22 Section 22. 29.49 (1) (a) (intro.) of the statutes is amended to read:

SB159,8,14 29.49 (1) (a) (intro.) Except as provided in ss. s. 29.52 and 29.581, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

SB159, s. 23 Section 23. 29.49 (3) of the statutes is created to read:

SB159,8,17 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer.

SB159, s. 24 Section 24. 29.55 (2m) of the statutes is created to read:

SB159,8,19 29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer.

SB159, s. 25 Section 25. 29.574 (1m) of the statutes is amended to read:

SB159,8,22 29.574 (1m) This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB159, s. 26 Section 26. 29.578 (1m) of the statutes is amended to read:

SB159,9,3 29.578 (1m) This section does not apply to commercially raised deer, as defined in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus dama, cervus or rangifer.

SB159, s. 27 Section 27. 29.58 of the statutes is repealed.

SB159, s. 28 Section 28. 29.581 of the statutes is repealed.

SB159, s. 29 Section 29. 29.583 (1) of the statutes is renumbered 29.583 (1) (intro.) and amended to read:

SB159,9,9 29.583 (1) (intro.) The department may seize and dispose of or may authorize the disposal of any of the following:

SB159,9,12 (a) A 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.

SB159, s. 30 Section 30. 29.583 (1) (b) of the statutes is created to read:

SB159,9,16 29.583 (1) (b) A farm-raised deer that has escaped from land upon which it is being raised if the owner of the farm-raised deer has not had it returned to the land within 72 hours of the discovery of the escape.

SB159, s. 31 Section 31. 29.585 (2) (a) of the statutes is amended to read:

SB159,9,22 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.

SB159, s. 32 Section 32. 29.586 (4) of the statutes is created to read:

SB159,9,24 29.586 (4) This section does not apply to farm-raised deer.

SB159, s. 33 Section 33. 29.59 (1) (f) of the statutes is amended to read:

SB159,10,2 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

SB159, s. 34 Section 34. 29.598 (1) of the statutes is amended to read:

SB159,10,7 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.

SB159, s. 35 Section 35. 29.645 of the statutes is amended to read:

SB159,10,12 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.

SB159, s. 36 Section 36. 29.99 (15) of the statutes is amended to read:

SB159,10,22 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).

SB159, s. 37 Section 37. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) (am).

SB159, s. 38 Section 38. 93.07 (10) (af) of the statutes is created to read:

SB159,11,2 93.07 (10) (af) In this subsection, "domestic animals" includes farm-raised deer, as defined in s. 29.01 (2r).

SB159, s. 39 Section 39. 97.42 (1) (a) of the statutes is amended to read:

SB159,11,5 97.42 (1) (a) "Animal" means cattle, sheep, swine, goats, commercially raised farm-raised deer, horses, mules, and other equines.

SB159, s. 40 Section 40. 97.42 (1) (cm) of the statutes is repealed.

SB159, s. 41 Section 41. 97.42 (1) (dm) of the statutes is created to read:

SB159,11,8 97.42 (1) (dm) "Farm-raised deer" has the meaning given in s. 29.01 (2r).

SB159, s. 42 Section 42. 97.42 (3) (em) of the statutes is amended to read:

SB159,11,17 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.

SB159, s. 43 Section 43. 97.42 (4) (em) of the statutes is amended to read:

SB159,11,23 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.

SB159, s. 44 Section 44. 97.42 (5) (b) of the statutes is amended to read:

SB159,12,7 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.

SB159, s. 45 Section 45. 895.57 (3) of the statutes is amended to read:

SB159,12,14 895.57 (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.

SB159, s. 46 Section 46. 943.75 (3) of the statutes is amended to read:

SB159,12,23 943.75 (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).

SB159,12,24 (End)